(a) Where complaint has been made to the commission concerning any rate or other charge of any transportation company and the commission has found, after a hearing, that the transportation company has received an excessive or unjustly discriminatory amount on account of such rate or charge, the commission may order that the transportation company make due reparation to the complainant therefor, within a time to be designated in said order, together with interest at the legal rate from the date of receipt of such excessive or unjustly discriminatory amount. The commission shall also make and file in every case in which reparation is ordered to be paid a full finding of the material facts upon which the order is based. Reparation shall not be awarded in case of any rate which has been adjudged to be just and reasonable and otherwise lawful by the commission after investigation had upon due notice and hearing.
(b) If the transportation company does not comply with an order of the commission referred to in subsection (a) of this section, for the payment of money within the time fixed in such order, the complainant, or any person for whose benefit such order was made, may file in any court of competent jurisdiction a complaint setting forth briefly the causes for which he claims damages, and the findings and the order of the commission in the premises. Such action shall proceed in all respects like other civil actions for damages, except that on the trial of such suit in the findings and order of the commission shall be prima facie evidence of the facts therein stated. If the plaintiff shall finally prevail, he shall be allowed by the court a reasonable attorney's fee, to be taxed and collected as a part of the costs of the action.
(c) All complaints for the recovery of reparation because of a rate that is unjust or unreasonable or otherwise unlawful shall be filed with the commission within six months from the time of the payment of the full lawful charges.
(d) All complaints for the enforcement of an order of the commission for the payment of money under the provisions of subsections (a), (b) and (c) of this section shall be filed in the proper court within one year from the date of the order. The remedy provided in this section shall be cumulative, and in addition to any other remedy or remedies in this division provided in case of a failure of a transportation company to obey a rule, regulation, order or decision of the commission.
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.