§271-24  Recovery of overcharges orundercharges.  (a)  All actions by common carriers by motor vehicle for therecovery of their charges, or any part thereof, shall be begun within threeyears from the time the cause of action accrues, and not after.

(b)  For recovery of overcharges, actions shallbe begun within three years from the time the cause of action accrues, and notafter, subject to subsection (c) of this section, except that if claim for theovercharge has been presented in writing to the carrier within the three-yearperiod of limitation the period shall be extended to include six months fromthe time notice in writing is given by the carrier to the claimant ofdisallowance of the claim, or any part or parts thereof specified in thenotice.

(c)  If on or before the expiration of thethree-year period of limitation in subsection (b) a common carrier by motorvehicle begins action under subsection (a) for recovery of charges in respectof the same transportation service, or, without beginning action, collectscharges in respect of that service, the period shall be extended to includeninety days from the time the action is begun or the charges are collected bythe carrier.

(d)  The cause of action in respect of ashipment of property shall, for the purpose of this section, be deemed toaccrue upon delivery or tender of delivery thereof by the carrier, and notafter.

(e)  The term "overcharges" as usedin this section means charges for transportation services in excess of thoseapplicable thereto under the tariffs lawfully on file with the commission. [L1961, c 121, pt of §2; Supp, §106C-22; HRS §271-24; am L 1973, c 149, §2(a),(b)]