§ 157 — Rates, fares and charges; common carriers

New York § 157

• Jurisdiction: New York
• Law TRA: Transportation
• Art. 7: Carriers of Passengers By Motor Vehicles

Text

§ 157. Rates, fares and charges; common carriers. 1. It shall be the\nduty of every common carrier of passengers to establish, observe and\nenforce just and reasonable rates, fares and charges, and just and\nreasonable regulations and practices relating thereto.\n 2. Common carriers of passengers by motor vehicle may establish\nthrough routes and joint rates, fares and charges with other such\ncarriers and once established it shall be the duty of all such carrier\nparties to establish just and reasonable rates, fares, charges,\nregulations and practices and equitable divisions of revenue.\n 3. All such charges made for any service rendered, or to be rendered\nby any common carrier of passengers by motor vehicle, shall be just and\nreasonable, and every unjust and unreasonable charge for such service or\nany part thereof, is prohibited and declared to be unlawful. It shall be\nunlawful for any common carrier to make, give or cause any undue or\nunreasonable preference or advantage to any particular person or to\nsubject any particular person to any unjust discrimination or any undue\nor unreasonable prejudice or disadvantage in any respect whatsoever.\n 4. Whenever, after a hearing, upon complaint, or in an investigation\non the commissioner's own initiative, the commissioner shall determine\nthat any individual or joint rate, fare or charge in effect or proposed\nto be put into effect by any common carrier or group of common carriers\nof passengers by motor vehicle or any rule, regulation or practice\nwhatsoever affecting such rate, fare or charge or the value of the\nservice thereunder, is or will be unjust or unreasonable, or unjustly\ndiscriminatory, unduly preferential or unduly prejudicial, the\ncommissioner shall determine and prescribe the lawful rate, fare or\ncharge, or the lawful rule, regulation or practice thereafter to be\nobserved.\n 5. The commissioner shall, whenever deemed necessary or desirable in\nthe public interest, after a hearing, upon complaint or upon the\ncommissioner's own initiative, establish through routes and joint rates,\nfares, charges, regulations or practices, applicable to the\ntransportation of passengers by common carriers and the terms and\nconditions under which such through routes shall be operated.\n 6. Whenever, after a hearing, upon complaint or upon the\ncommissioner's own initiative, the commissioner shall determine that the\ndivisions of joint rates, fares or charges applicable to the\ntransportation of passengers by common carriers are or will be unjust,\nunreasonable, inequitable, or unduly preferential or prejudicial as\nbetween the carrier parties, the commissioner shall by order prescribe\nthe just, reasonable and equitable divisions thereof. The order of the\ncommissioner may require the adjustment of divisions between the\ncarriers, in accordance with the order, from the date of filing the\ncomplaint or entry of order of investigation, or such other date\nsubsequent as the commissioner finds justified and, in the case of joint\nrates or fares prescribed by the commissioner, the order as to divisions\nmay be made effective as a part of the original order.\n 7. In proceedings to determine the reasonableness of rate or fare\nlevels for a common carrier of passengers or group of common carriers of\npassengers, the commissioner shall authorize revenue levels that are\nadequate under efficient management to cover total operating expenses,\nplus a reasonable profit as determined by the commissioner.\n