§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)]