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2018 Georgia Code 46-9-5 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)

O.C.G.A. 46-9-5 Case Law from Google Scholar Amendments to OCGA 46-9-5

TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

Section 9. Transportation of Freight and Passengers Generally, 46-9-1 through 46-9-332.

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.

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