THE SENATE	S.B. NO.	477
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO MOTOR CARRIERS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  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)  Any person who does not hold a certificate or permit issued by the public utilities commission pursuant to section 271-8 shall not demand payment of more than tariff rates and charges as provided in subsection (a).  If a customer pays a person who does not hold a certificate or permit issued by the public utilities commission pursuant to section 271-8, then the customer shall have a cause of action against the person to recover all payments made to the common carrier in violation of this subsection.

(c)  Any person who does not hold a certificate or permit issued by the public utilities commission pursuant to section 271-8 shall not detain any freight of a customer until the customer pays the common carrier for prior non-paid services.  If the customer makes any such payment, then the customer shall have a cause of action against the person to recover all payments made to the common carrier in violation of this subsection."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Motor Carriers; Tariffs

Description:

Prohibits motor carriers that do not hold a PUC certificate or permit from demanding more than the approved tariff rates and from holding a customer's freight until the customer pays back-due payments.  Allows customer a cause of action to recover the payments.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.