Title 46, Chapter 9, Section 6
( 46-9-6)
(a) All actions at law against carriers operating in this state,
which actions seek to recover overcharges accruing on intrastate
shipments, shall be initiated within a period of three years after
the time the cause of action accrues, and not thereafter, provided
that, if a claim for the overcharge is 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 thereof. (b) A motor carrier of property may, upon notice to the commission,
elect to be subject to the following requirements regarding rates,
charges, and claims for loss or damage: (1) A motor carrier of property shall provide to the shipper, upon
request of the shipper, a written or electronic copy of the rate,
classification, rules, and practices upon which any rate agreed to
between the shipper and carrier may have been based. When the
applicability or reasonableness of the rates and related
provisions billed by a carrier is challenged by the person paying
the freight charges, the commission shall determine whether such
rates and provisions are reasonable or applicable based on the
record before it. In cases where a carrier other than a carrier
providing transportation of household goods seeks to collect
charges in addition to those billed and collected which are
contested by the payor, the carrier may request that the
commission determine whether any additional charges over those
billed and collected must be paid. A carrier must issue any bill
for charges in addition to those originally billed within 180 days
of the original bill in order to have the right to collect such
charges; (2) If a shipper seeks to contest the charges originally billed by
a motor carrier of property, the shipper may request that the
commission determine whether the charges originally billed must be
paid. A shipper must contest the original bill within 180 days in
order to have the right to contest such charges; and (3) Claims for loss of or damage to property for which any motor
carrier of property may be liable must be filed within nine months
after the delivery of the property, except that claims for failure
to make delivery must be filed within nine months after a
reasonable time for delivery has elapsed. (c) The commission shall adopt rules regarding rates, charges, and
claims for loss or damage applicable to carriers of household goods. |