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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1101 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO MOTOR CARRIERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 271-24, Hawaii Revised Statutes, is amended to read as follows:
"§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] commence
within three years from the time the cause of action accrues, and not after.
(b) For recovery of overcharges, actions shall
[be begun] commence 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] commences an action under subsection
(a) for recovery of charges in respect of the same transportation service, or,
without [beginning] commencing an action, collects charges in
respect of that service, the period shall be extended to include ninety days
from the time the action is [begun] commenced 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, shall
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.
(f) Common carriers by motor vehicle in violation of section 271-8 shall not enforce undercharge recoveries under subsection (a)."
SECTION 2. Section 271-28, Hawaii Revised Statutes, is amended to read as follows:
"§271-28 Collection of rates and
charges. (a) No common carrier by motor vehicle shall deliver or
relinquish possession at destination of any freight transported by it until all
tariff rates and charges thereon have been paid, except under such rules [and
regulations] as the public utilities commission may from time to time
prescribe to govern the settlement of all the rates and charges, including
rules [and regulations] for weekly or monthly settlement, and to prevent
unjust discrimination or undue preference or prejudice; provided that this
section shall not be construed to prohibit any carrier from extending credit in
connection with rates and charges on freight transported for the United States,
for any department, bureau, or agency thereof, or for any state or political
subdivision thereof.
(b) A person who uses the services of a common carrier by motor vehicle operating in violation of section 271-8 may bring an action in any court of competent jurisdiction to recover all compensation paid by the person to that carrier."
SECTION 3. Section 271-28.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) In addition to the lien provided by section 490:7-307, a carrier in compliance with section 271-8 has a lien on freight in its possession for the total amount owed the carrier by the shipper for freightage, charges for services and advances due on freight previously delivered upon the promise of the shipper to pay freightage, charges and advances, as provided in this section."
SECTION 4. Section 490:7-307, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) [A carrier] Only a carrier
in compliance with section 271-8 has a lien on the goods covered by a bill
of lading or on the proceeds thereof in its possession for charges after the
date of the carrier's receipt of the goods for storage or transportation,
including demurrage and terminal charges, and for expenses necessary for
preservation of the goods incident to their transportation or reasonably
incurred in their sale pursuant to law. However, against a purchaser for value
of a negotiable bill of lading, a carrier's lien is limited to charges stated
in the bill or the applicable tariffs or, if no charges are stated, a
reasonable charge."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Motor Carriers; Collections; Liens; Permit Required
Description:
Prohibits unlicensed motor carriers from recovering undercharges or holding freight and carrier liens. Authorizes customers of unlicensed motor carriers to recover all compensation paid to that carrier.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.