Page:United States Statutes at Large Volume 63 Part 1.djvu/319

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63 STAT.] 81ST CONG., 1ST SESS.-CH. 272-JUNE 29, 1949 two years from the time the cause of action accrues, and not after, subject to paragraph (3) of this section, except that if claim for the overcharge has been presented in writing to the carrier within the two-year period of limitation said 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. "(3) If on or before expiration of the two-year period of limitation in paragraph (2) atCommon carrier by motor vehicle subject to this part begins action under paragraph (1) for recovery of charges in respect of the same transportation service, or, without beginning action, collects charges in respect of that service, said period of limi- tation shall be extended to include ninety days from the time such action is begun or such charges are collected by the carrier. "(4) The cause of action in respect of a shipment of property shall, for the purposes of this section, be deemed to accrue upon delivery or tender of delivery thereof by the carrier, and not after. "(5) The term 'overcharges' as used in this section shall be deemed to mean charges for transportation services in excess of those applicable thereto under the tariffs lawfully on file with the Commission. "(6) The provisions of this section shall apply only to cases in which the cause of action may accrue after the date of the enactment of this section." SEC. 2 . Subsection (a) of section 308 of the Interstate Commerce Act, as amended, is hereby amended to read as follows: "(a) For the purposes of this section the term 'carrier' means a com- mon carrier by water." SEC. 3. (a) Subsection (f) (1) of section 308 of the Interstate Com- merce Act, as amended, is hereby amended to read as follows: "(1) (A) All actions at law by carriers subject to this part for the recovery of their charges, or any part thereof, shall be begun within two years from the time the cause of action accrues, and not after. "(B) All complaints against carriers for the recovery of damages not based on overcharges shall be filed with the Commission within two years from the time the cause of action accrues, and not after, subject to subdivision (D). "(C) For the recovery of overcharges action at law shall be begun or complaint filed with the Commission against carriers subject to this part within two years from the time the cause of action accrues, and not after, subject to subdivision (D), except that if claim for the overcharge has been presented in writing to the carrier within the two-year period of limitation said 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. "(D) If on or before expiration of the two-year period of limita- tion in subdivision (B) or the two-year period of limitation in sub- division (C) a carrier subject to this part begins action under sub- division (A) for recovery of charges in respect of the same transporta- tion service, or, without beginning action, collects charges in respect of that service, said period of limitation shall be extended to include ninety days from the time such action is begun or such charges are collected by the carrier." (b) The amendments made by subsection (a) of this section shall apply only to cases in which the cause of action may accrue after the date of the enactment of this Act. SEC. 4 . Paragraph (5) of subsection (f) of section 308 of the Inter- state Commerce Act, as amended, is hereby repealed. SEC. 5. Part IV of the Interstate Commerce Act, as amended, is 281 "Overcharges." 54 Stat. 940. 49U.S.C. 90 (a). "Carrier." 54 Stat. 941. 49U.S.C.§908(0 (1). Time limitation. Recovery of dam- ages. Repeal. 54 tat. 941. 49U.. C. 90() (5).