[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR378.2]



[Page 135]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 378_PROCEDURES GOVERNING THE PROCESSING, INVESTIGATION, AND 

DISPOSITION OF OVERCHARGE, DUPLICATE PAYMENT, OR OVERCOLLECTION 

CLAIMS--Table of Contents

 

Sec. 378.2  Definitions.



    (a) Carrier means a motor common carrier or household goods freight 

forwarder subject to 49 U.S.C. subtitle IV, part B.

    (b) Overcharge means an overcharge as defined in 49 U.S.C. 14704(b). 

It also includes duplicate payments as defined in paragraph (c) of this 

section and overcollections as defined in paragraph (d) of this section 

when a dispute exists between the parties concerning such charges.

    (c) Duplicate payment means two or more payments for transporting 

the same shipment. Where one or more payment is not in the exact amount 

of the applicable tariff rates and charges, refunds shall be made on the 

basis of the excess amount over the applicable tariff rates and charges.

    (d) Overcollection means the receipt by a household goods carrier of 

a payment in excess of the transportation and/or accessorial charges 

applicable to a particular shipment of household goods, as defined in 

part 375 of this chapter, under tariffs lawfully on file with the United 

States Department of Transportation's Surface Transportation Board.

    (e) Unidentified payment means a payment which a carrier has 

received but which the carrier is unable to match with its open accounts 

receivable or otherwise identify as being due for the performance of 

transportation services.

    (f) Claimant means any shipper or receiver, or its authorized agent, 

filing a request with a carrier for the refund of an overcharge, 

duplicate payment, or overcollection.



[43 FR 41040, Sept. 14, 1978, as amended at 44 FR 66832, Nov. 21, 1979; 

51 FR 34989, Oct. 1, 1986; 51 FR 44297, Dec. 9, 1986; 62 FR 15424, Apr. 

1, 1997]