HOUSE OF REPRESENTATIVES

H.B. NO.

1101

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 271-24, 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.

 

INTRODUCED BY:

_____________________________

 

 


 


 

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.