2020 Georgia Code
Title 46 - Public Utilities and Public Transportation
Chapter 9 - Transportation of Freight and Passengers Generally
Article 1 - General Provisions
§ 46-9-5. Limitation of Actions by Common Carriers for Recovery of Charges
All actions at law by common carriers operating in this state for the recovery of their charges or any part thereof, where such charges have accrued in connection with intrastate shipments, shall be initiated within three years after the time the cause of action accrues, and not thereafter.
(Ga. L. 1933, p. 191, § 1; Code 1933, § 18-601; Ga. L. 1982, p. 3, § 46.)
Law reviews.- For article, "Statutes of Limitation: Counterproductive Complexities," see 37 Mercer L. Rev. 1 (1985).
JUDICIAL DECISIONS
Preemption by federal Interstate Commerce Act.
- While the federal Interstate Commerce Act did not preempt a motor carrier's state law actions against a shipping broker for breach of contract and recovery on an open account, the state law statute of limitations for those actions found in O.C.G.A. §§ 46-9-5,9-3-25 were preempted by the 18-month statute of limitations in 49 U.S.C. § 14705(a); therefore, the carrier's action, filed five days after the 18-month time limit had expired, was untimely. Exel Transp. Servs. v. Sigma Vita, Inc., 288 Ga. App. 527, 654 S.E.2d 665 (2007).
RESEARCH REFERENCES
ALR.
- Expiration of period prescribed by bill of lading or statute for shipper's claim or action against carrier as affecting his right to avail himself of claim by recoupment in carrier's action against himself or claim by recoupment of carrier's action against him, 140 A.L.R. 816.
