[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: 49CFR378.9]



[Page 137]

 

                        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. 378.9  Disposition of unidentified payments, overcharges, duplicate 

payments, and overcollections not supported by claims.



    (a)(1) Carriers shall establish procedures for identifying and 

properly applying all unidentified payments. If a carrier does not have 

sufficient information with which properly to apply such a payment, the 

carrier shall notify the payor of the unidentified payment within 60 

days of receipt of the payment and request information which will enable 

it to identify the payment. If the carrier does not receive the 

information requested within 90 days from the date of the notice, the 

carrier may treat the unidentified payment as a payment in fact of 

freight charges owing to it. Following the 90-day period, the regular 

claims procedure under this part shall be applicable.

    (2) Notice shall be in writing and clearly indicate that it is a 

final notice and not a bill. Notice shall include: The check number, 

amount, and date; the payor's name; and any additional basic information 

the carrier is able to provide. The final notice also must inform payor 

that: (i) Applicable regulations allow the carrier to conditionally 

retain the payment as revenue in the absence of a timely response by the 

payor; and (ii) following the 90-day period the regular claims procedure 

shall be applicable.

    (3) Upon a carrier's receipt of information from the payor, the 

carrier shall, within 14 days: (i) Make a complete refund of such funds 

to the payor; or (ii) notify the payor that the information supplied is 

not sufficient to identify the unapplied payment and request additional 

information; or (iii) notify the payor of the carrier's determination 

that such payment was applicable to particular freight charges lawfully 

due the carrier. Where no refund is made by the carrier, the carrier 

shall advise the payor of its right to file a formal claim for refund 

with the carrier in accordance with the regular claims procedure under 

this part.

    (b) When a carrier which participates in a transportation movement, 

but did not collect the transporation charges, finds that an overpayment 

has been made, that carrier shall immediately notify the collecting 

carrier. When the collecting carrier (when single or joint line haul) 

discovers or is notified by such a participating carrier that an 

overcharge, duplicate payment, or overcollection exists for any 

tranportation charge which has not been the subject of a claim, the 

carrier shall create a file as if a claim had been submitted and shall 

record in the file the date it discovered or was notified of the 

overpayment. The carrier that collected the charges shall then refund 

the amount of the overpayment to the person who paid the transportation 

charges or to the person that made duplicate payment within 30 days from 

the date of such discovery or notification.



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