§ 178 — Rates and charges; common carriers

New York § 178

• Jurisdiction: New York
• Law TRA: Transportation
• Art. 8: Carriers of Property By Motor Vehicle

Text

§ 178. Rates and charges; common carriers. 1. It shall be the duty of\nevery common carrier of property to establish, observe and enforce just\nand reasonable rates, charges and classifications, and just and\nreasonable regulations and practices relating thereto.\n 2. Common carriers of property by motor vehicle may establish through\nroutes and joint rates, charges and classifications with other such\ncarriers and once established it shall be the duty of all such carrier\nparties to establish just and reasonable rates, charges,\nclassifications, regulations and practices and equitable divisions of\nrevenue.\n 3. All charges made for any service rendered, or to be rendered by any\ncommon carrier of property 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 persons, in any\nrespect whatsoever; or to subject any particular person to any unjust\ndiscrimination or any undue or unreasonable prejudice or disadvantage in\nany 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, charge or classification in effect or\nproposed to be put into effect by any common carrier or group of common\ncarriers of property by motor vehicle or any rule, regulation or\npractice whatsoever affecting such rate, charge or classification, or\nthe value of the service thereunder, is or will be unjust or\nunreasonable, or unjustly discriminatory, unduly preferential or unduly\nprejudicial, the commissioner shall determine and prescribe the lawful\nrate, charge or classification, or the lawful rule, regulation or\npractice thereafter to be observed.\n 5. The commissioner shall, whenever deemed by him to be necessary or\ndesirable in the public interest, after a hearing, upon complaint, or\nupon the commissioner's own initiative, establish through routes and\njoint rates, charges, classifications, regulations or practices,\napplicable to the transportation of property by common carriers and the\nterms and conditions 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 determines that the\ndivisions of joint rates, charges or classifications applicable to the\ntransportation of property 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, charges or classifications prescribed by the commissioner, the\norder as to divisions may be made effective as a part of the original\norder.\n 7. In proceedings to determine the reasonableness of rates, charges or\nclassifications of a common carrier of property or group of common\ncarriers of property, the commissioner shall authorize revenue levels\nthat are adequate under efficient management to cover total operating\nexpenses, plus a reasonable profit as determined by the commissioner.\n 8. The commissioner may not investigate, suspend, revise or revoke any\nrate or charge proposed by a carrier if the proposed rate does not\nincrease or reduce any existing rate or charge by more than ten percent\nin any twelve month period. This subdivision does not apply to rates\nthat are proposed through the collective actions of the members of a\nrate conference.\n 9. Any rate or charge that in any twelve-month period is increased or\nreduced by more than the percentage specified in subdivision eight of\nthis section must be accompanied by such financial, statistical, cost\nand other data as the commissioner may prescribe by regulation to\njustify such change. Any such rate or charge is subject to\ninvestigation, suspension, revision or revocation.\n