§271-24 Recovery of overcharges or undercharges. (a) All actions by common carriers by motor vehicle for the recovery of their charges, or any part thereof, shall be begun within three years from the time the cause of action accrues, and not after.
(b) For recovery of overcharges, actions shall be begun within three years from the time the cause of action accrues, and not after, subject to subsection (c) of this section, except that if claim for the overcharge has been presented in writing to the carrier within the three-year period of limitation the period shall be extended to include six months from the time notice in writing is given by the carrier to the claimant of disallowance of the claim, or any part or parts thereof specified in the notice.
(c) If on or before the expiration of the three-year period of limitation in subsection (b) a common carrier by motor vehicle begins action under subsection (a) for recovery of charges in respect of the same transportation service, or, without beginning action, collects charges in respect of that service, the period shall be extended to include ninety days from the time the action is begun or the charges are collected by the carrier.
(d) The cause of action in respect of a shipment of property shall, for the purpose of this section, be deemed to accrue upon delivery or tender of delivery thereof by the carrier, and not after.
(e) The term "overcharges" as used in this section means charges for transportation services in excess of those applicable thereto under the tariffs lawfully on file with the commission. [L 1961, c 121, pt of §2; Supp, §106C-22; HRS §271-24; am L 1973, c 149, §2(a), (b)]
Structure Hawaii Revised Statutes
Title 15. Transportation and Utilities
271-2 Administration; governing provisions of other acts.
271-3 Application of chapter, interstate, or foreign commerce.
271-7 Exemptions, vehicles used by farmers.
271-8 Certificate or permit required.
271-9 General duties and powers of the commission.
271-9.5 Electronic copies of documents.
271-10 Reports and decisions of commission.
271-11 Copies of schedules, tariffs, contracts, etc., kept as public records; evidence.
271-12 Applications for certificates of public convenience and necessity.
271-13 Permits for contract carriers by motor vehicle.
271-14 No proprietary right in highway.
271-17 Security for protection of public.
271-19 Suspension, change, and revocation of certificates and permits.
271-20 Rates, fares and charges of common carriers by motor vehicle.
271-21 Tariffs of common carriers by motor vehicle.
271-22 Schedules of contract carriers by motor vehicle.
271-23 Bills of lading, shipping documents.
271-24 Recovery of overcharges or undercharges.
271-25 Accounts, records, and reports.
271-26 Records to be maintained in State.
271-26.5 Change of address; responsibility; service of orders.
271-28 Collection of rates and charges.
271-29 Identification of carriers.
271-30 Allowance to shippers for transportation services.
271-32 Reconsideration and rehearings.
271-35 Agreements between carriers.