(a) If any transportation company doing business in this state or its agents or employees are guilty of making or demanding or receiving any charge for the transportation of persons or property, or for any service pertaining to or connected therewith, in excess of that prescribed by the Public Service Commission as by this chapter authorized, and after due notice of such violation given to the president or managing officer or any superintendent thereof in this state, and if ample and full recompense for the wrong or injury thereby to any person, firm, company, or corporation shall not be made within 60 days from the time of such notice, such transportation company shall forfeit for each offense the sum of not less than $50.00 nor more than $1,000.00, to be fixed by the court.
(b) An action for the recovery of the penalty shall be in any circuit court in any county in this state where such violation has occurred or wrong has been perpetrated, and it shall be in the name of the State of Alabama. The commission may order the institution of such action by the Attorney General or the district attorney in the circuit in which the wrong is perpetrated, or such other attorney-at-law as may be appointed, on the complaint or request of the person aggrieved.
Structure Code of Alabama
Title 37 - Public Utilities and Public Transportation.
Chapter 2 - Transportation Companies.
Article 1 - General Provisions.
Division 1 - Rates and Other Regulations.
Section 37-2-1 - "Transportation Company" Defined.
Section 37-2-2 - Governmentally Owned Transportation Companies.
Section 37-2-3 - Duty of Commission to Supervise, Regulate, and Control Transportation Companies.
Section 37-2-4 - When Certificate of Convenience and Necessity Required.
Section 37-2-5 - When Permit to Abandon Service Required.
Section 37-2-6 - Application for Certificate or Permit - Notice and Hearing.
Section 37-2-8 - List of Tickets, Passes and Mileage Books to Be Filed With Commission.
Section 37-2-9 - Repairs, Improvements or Changes in Property or Devices.
Section 37-2-10 - Filing and Posting of Tariffs.
Section 37-2-11 - Joint Rates.
Section 37-2-12 - Changes in Rates.
Section 37-2-13 - Posted Rates to Be Legally Applicable Rates.
Section 37-2-14 - Temporary or Emergency Rates.
Section 37-2-15 - Special Rates.
Section 37-2-16 - Penalty for Discrimination.
Section 37-2-17 - Penalty for Excessive Rates.
Section 37-2-18 - Treble Damages.
Section 37-2-20 - Concentration and Transit Privileges and Rates.
Section 37-2-24 - Bills of Lading or Receipts - Delivery to Cotton Compress.
Section 37-2-26 - Bills of Lading or Receipts - Charges to Be Settled According to Stipulated Rate.
Section 37-2-27 - Notice to Consignees of Arrival of Freight.
Section 37-2-29 - Sale of Unclaimed Freight - Perishable or Live Freight.
Section 37-2-28 - Sale of Unclaimed Freight - Nonperishable Freight.
Section 37-2-31 - Duty to Receive or Transport Freight; Liability for Failure or Delay.
Section 37-2-32 - Partial Delivery of Consignment.
Section 37-2-33 - Overcharges.
Section 37-2-34 - Joint Actions Against Connecting Carriers.
Section 37-2-35 - Personal Baggage of Passengers - Free Transportation Within Certain Weight Limits.
Section 37-2-36 - Personal Baggage of Passengers - Charge for Excess Baggage.
Section 37-2-37 - Personal Baggage of Passengers - Baggage, etc., of Commercial Travelers.
Section 37-2-38 - Personal Baggage of Passengers - Maximum Size and Weight Limits; Exceptions.
Section 37-2-40 - Free Transportation or Reduced Rates.
Section 37-2-41 - Inspection and Supervision Fees; Election.
Section 37-2-42 - Refund of Excessive Charges Upon Submission of Expense Bill or Receipt.
Section 37-2-43 - Soliciting Claims Against Transportation Companies Forbidden.
Section 37-2-44 - Rights of Action Not Waived; Penalties Cumulative.
Section 37-2-45 - Recovery of Penalties or Forfeitures.
Section 37-2-46 - Each Violation Constitutes Separate Offense; Act of Employee Act of Company.