§ 180 — Rates and charges; contract carriers

New York § 180

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

Text

§ 180. Rates and charges; contract carriers. 1. No contract carrier of\nproperty by motor vehicle shall engage in such transportation unless a\ncopy of the contract and copies of any amendments to that contract are\nfiled with the commissioner in accordance with any rules and regulations\nthat the commissioner may prescribe.\n 2. No contract carrier of property by motor vehicle shall charge,\ndemand, collect or receive a different compensation for transportation\nor for any service in connection therewith than the rates and charges\nspecified in the contract in effect and on file with the commissioner at\nthe time of shipment and no such carrier shall refund or remit in any\nmanner or by any device, directly or indirectly, or through any agent or\nbroker or otherwise, any portion of the rates or charges so specified,\nnor extend to any person any privilege for transportation except as is\nspecified in its contract.\n 3. Initial, first time, contracts shall be published and filed with at\nleast one day's notice to the commissioner and must be in accordance\nwith the rules and regulations that may be prescribed by the\ncommissioner.\n 4. No reduction shall be made in any rate, charge, or classification,\nor the value of the service thereunder in any contract except after at\nleast thirty days' notice of the proposed change filed and posted in\naccordance with the rules and regulations that may be prescribed by the\ncommissioner. The commissioner may for good cause shown, allow changes\non less than thirty days notice or modify the requirements of this\nsection either in particular instances or by general order applicable to\nspecial or particular circumstances or conditions.\n 5. Whenever, after a hearing, upon complaint or on the commissioner's\nown initiative, the commissioner finds that any charge of any contract\ncarrier or contract carriers is unreasonably low or any rule, regulation\nor practice of any such carrier or carriers affecting such charge, or\nthe value of the service thereunder results in an unreasonably low\ncharge, the commissioner may prescribe such charge or such rule,\nregulation or practice as the commissioner determines may be necessary\nor desirable in the public interest. All complaints filed under this\nsubdivision shall state fully the facts complained of and the reason for\nsuch complaint and shall be made under oath.\n 6. Whenever there shall be filed with the commissioner by any such\ncontract carrier any contract or amendment to a contract stating a\nreduced charge, or which has the effect of reducing a charge by means of\nany rule, regulation or practice, the commissioner may, upon complaint\nor on the commissioner's own initiative, suspend and defer the\nimplementation in part or in whole of any such contract or contract\namendment for a period of six months. After investigation and hearing,\nthe commissioner may allow the suspended matter as proposed or issue an\norder directing the carrier to cancel or modify the proposed contract or\ncontract amendment. Provided, however, that if a decision is not\nrendered within the six month suspension period the proposed contract or\namendment shall go into effect at the end of such suspension period. In\nany hearing to determine the reasonableness or lawfulness of a proposed\nreduction the burden of proof shall be on the carrier or carriers\nproposing the reduction.\n