Skip to content

Volume 72 · 860

Public Law 85–762

To amend the Interstate Commerce Act and the Transportation Act of 1940, with respect to periods of limitation applicable to actions or claims, including those by or against the United States, for recovery of charges for the transportation of persons or property, and for other purposes.

Approved August 26, 1958

Statutory text

AN ACT

To amend the Interstate Commerce Act and the Transportation Act of 1940, with respect to periods of limitation applicable to actions or claims, including those by or against the United States, for recovery of charges for the transportation of persons or property, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the Interstate Commerce Act, as amended, is amended as follows:

(1)

Amend section 16 (3) as follows: In subparagraph (a) strike out “two years” and insert “three years”; in subparagraph (c) strike out “two years” and insert “three years”, and. strike out “two-year” and insert “three-year”; and in subparagraph (d) strike out the word “two-year” the second time it occurs and insert “three-year”.

(2)

Add the following new subparagraph (i) to section 16 (3):

“(i)

The provisions of this paragraph (3) shall extend to and embrace all transportation of property or passengers for or on behalf of the United States in connection with any action brought before the Commission or any court by or against carriers subject to this part: Provided, however, That with respect to such transportation of property or passengers for or on behalf of the United States, the periods of limitation herein provided shall be extended to include three years from the date of (A) payment of charges for the transportation involved, or (B) subsequent refund for overpayment of such charges, or (C) deduction made under section 322 of the Transportation Act of 1940 (49 U. S. C. 66), whichever is later.”

54 Stat. 955.

(3)

Amend section 204a as follows: In paragraph (1) strike out

63 Stat. 280.

49 USC 304a.

“two years” and insert “three years”; in paragraph (2) strike out “two years” and insert “three years”, and strike out “two-year” and insert “three-year”; and in paragraph (3) strike out “two-year” and insert “three-year”.

(4)

Add the following new paragraph (7) to section 204a:

“(7)

The provisions of this section 204a shall extend to and

49 USC 304a.

embrace all transportation of property or passengers for or on behalf of the United States in connection with any action brought before any court by or against carriers subject to this part: Provided, however, That with respect to such transportation of property or passengers for or on behalf of the United States, the periods of limitation herein provided shall be extended to include three years from the date of (A) payment of charges for the transportation involved, or (B) subsequent refund for overpayment of such charges, or (C) deduction made under section 322 of the Transportation Act of 1940 (49 U. S. C. 66), whichever is later.”

54 Stat. 955.

(5)

Amend section 308 (f) (1) as follows: In subparagraph (A)

54 Stat. 910.

49 USC 908.

strike out “two years” and insert “three years”: in subparagraph (C) strike out “two years” and insert “three years”, and strike out “two-year” and insert “three-year”; and in subparagraph (D) strike out the word “two-year” the second time it occurs and insert “three-year”.

(6)

Add the following new subparagraph (5) to section 308 (f):

54 Stat. 940.

49 USC 908.

“(5)

The provisions of this paragraph (f) shall extend to and embrace all transportation of property or passengers for or on behalf of the United States in connection with any action brought before the Commission or any court by or against carriers subject to this part: Provided, however, That with respect to such transportation of property or passengers for or on behalf of the United States, the periods of limitation herein provided shall be extended to include three years from the date of (A) payment of charges for the transportation involved, or (B) subsequent refund for overpayment of such charges, or (C) deduction made under section 322 of the Transportation Act of 1940 (49 U. S. C. 66), whichever is later.”

54 Stat. 955.

(7)

Amend section 406a as follows: In paragraph (1) strike out

63 Stat. 281.

49 USC 1006a.

“two years” and insert “three years”; in paragraph (2) strike out “two years” and insert “three years”, and strike out “two-year” and insert “three-year”; and in paragraph (3) strike out “two-year” and insert “three-year”.

(8)

Add the following new paragraph (7) to section 406a:

“(7)

The provisions of this section 406a shall extend to

49 USC 1006a.

and embrace all transportation of property for or on behalf of the United States in connection with any action brought before any court by or against carriers subject to this part: Provided, however, That with respect to such transportation of property for or on behalf of the United States, the periods of limitation herein provided shall be extended to include three years from the date of (A) payment of charges for the transportation involved, or (B) subsequent refund for overpayment of such charges, or (C) deduction made under section 322

54 Stat. 955.

of the Transportation Act of 1940 (49 U. S. C. 66), whichever is later.”

Sec. 2.

Section 322 of the Transportation Act of 1940 (49 U. S. C. 66) is amended as follows:

54 Stat. 955.

(1)

By striking the words “overpayment to” and substituting therefor the words “overcharges by”.

(2)

By adding a new sentence at the end of the section as follows: “The term ‘overcharges’ shall be deemed to mean charges for transportation services in excess of those applicable thereto under the tariffs lawfully on file with the Interstate Commerce Commission and the Civil Aeronautics Board and charges in excess of those applicable thereto under rates, fares, and charges established pursuant to section 22 of the Interstate Commerce Act: Provided, however,

49 USC 22.

That such deductions shall be made within three years (not including any time of war) from the time of payment of bills: Provided further, That every claim cognizable by the General Accounting Office for charges for transportation within the purview of this section shall be forever barred unless such claim shall be received in the General Accounting Office within three years (not including any time of war) from the date of (1) accrual of the cause of action thereon, or (2) payment of charges for the transportation involved, or (3) subsequent refund for overpayment of such charges, or (4) deduction made pursuant to this section, whichever is later.”

Sec. 3.

The provisions of this Act which amend the Interstate Commerce Act, as amended, shall apply only to causes of action

49 USC 27 and note.

which accrue on or after the effective date of this Act. The provision of this Act which amends section 322 of the Transportation Act of 1940 (49 U. S. C. 66) shall apply only to transportation performed

54 Stat. 955.

and payment made therefor subsequent to the effective date of this Act.

Approved August 26, 1958.

Parsed from the official Statutes at Large USLM XML in 72.xml