[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: 49CFR378.4]



[Page 136]

 

                        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. 378.4  Documentation of claims.



    (a) Claims for overcharge, duplicate payment, or overcollection 

shall be accompanied by sufficient information to allow the carriers to 

conduct an investigation and pay or decline the claim within the time 

limitations set forth in Sec. 378.8. Claims shall include the name of 

the claimant, its file number, if any, and the amount of the refund 

sought to be recovered, if known.

    (b) Except when the original freight bill is not a paper document 

but is electronically transmitted, claims for overcharge shall be 

accompanied by the original freight bill. Additional information may 

include, but is not limited to, the following:

    (1) The rate, classification, or commodity description or weight 

claimed to have been applicable.

    (2) Complete tariff authority for the rate, classification, or 

commodity description claimed.

    (3) Freight bill payment information.

    (4) Other documents or data which is believed by claimant to 

substantiate the basis for its claim.

    (c) Claims for duplicate payment and overcollection shall be 

accompanied by the original freight bill(s) for which charges were paid 

(except when the original freight bill is not a paper document but is 

electronically transmitted) and by freight bill payment information.

    (d) Regardless of the provisions of paragraphs (a), (b), and (c) of 

this section, the failure to provide sufficient information and 

documentation to allow a carrier to conduct an investigation and pay or 

decline the claim within the allowable time limitation shall not 

constitute grounds for disallowance of the claim. Rather, the carrier 

shall comply with Sec. 378.5(c) to obtain the additional information 

required.

    (e) A carrier shall accept copies instead of the orginal documents 

required to be submitted in this section where the carrier is furnished 

with an agreement entered into by the claimant which indemnifies the 

carrier for subsequent duplicate claims which might be filed and 

supported by the original documents.



[43 FR 41040, Sept. 14, 1978, as amended at 44 FR 4679, Jan. 23, 1979; 

47 FR 12804, Mar. 25, 1982; 62 FR 15424, Apr. 1, 1997]