§ 196 — Rates and charges; common carriers of household goods

§ 196. Rates and charges; common carriers of household goods. 1. It\nshall be the duty of every common carrier of household goods to\nestablish, observe and enforce just and reasonable rates, charges and\nclassifications, and just and reasonable regulations and practices\nrelating thereto.\n 2. Common carriers of household goods by motor vehicle may establish\nthrough routes and joint rates, charges and classifications with other\nsuch carriers and once established it shall be the duty of all such\ncarrier parties 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 household goods 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 of household goods to make, give or\ncause any undue or unreasonable preference or advantage to any\nparticular persons, in any respect whatsoever or to subject any\nparticular person, area or description of traffic 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 of household goods\nor group of common carriers of household goods by motor vehicle or any\nrule, regulation or practice whatsoever affecting such rate, charge or\nclassification, or the value of the service thereunder, is or will be\nunjust or unreasonable, or unjustly discriminatory, unduly preferential\nor unduly prejudicial, the commissioner shall determine and prescribe\nthe lawful rate, charge or classification, or the lawful rule,\nregulation or practice thereafter to be observed.\n 5. The commissioner shall, whenever deemed necessary or desirable in\nthe public interest, after a hearing, upon complaint, or upon his own\ninitiative, establish through routes and joint rates, charges,\nclassifications, regulations or practices, applicable to the\ntransportation of property by common carriers of household goods 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 household goods by common carriers are or will be\nunjust, unreasonable, inequitable, or unduly preferential or prejudicial\nas between the carrier parties, the commissioner shall by order\nprescribe the just, reasonable and equitable divisions thereof. The\norder of the commissioner may require the adjustment of divisions\nbetween the carriers, in accordance with the order, from the date of\nfiling the complaint or entry of order of investigations, or such other\ndate subsequent as the commissioner finds justified and, in the case of\njoint rates, charges or classifications prescribed by the commissioner,\nthe order as to divisions may be made effective as a part of the\noriginal order.\n 7. In proceedings to determine the reasonableness of rates, charges or\nclassifications of a common carrier of household goods or group of\ncommon carriers of household goods, the commissioner shall authorize\nrevenue levels that are adequate under efficient management to cover\ntotal operating expenses, plus a reasonable profit as determined by the\ncommissioner.\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 10. Prior to entering into an agreement to render services, every\ncommon carrier of household goods shall inform each shipper of the\navailability of a written estimate of the total cost of services if\nrequested at least seventy-two hours in advance of an actual move. If so\nrequested by a shipper, every common carrier of household goods shall\nissue to each shipper an estimated total cost of services form which\nshall not serve as the actual contract between the shipper and such\ncarrier but shall be given as an educated prediction of the total cost\nfor services to be rendered, except that such estimate shall not be\nrequired for moves of household goods involving one room of four hundred\nsquare feet or less. The estimate for all services provided shall be in\nwriting and shall be fully completed in all respects, and shall be\nrendered only after a physical examination by the carrier. The\ncommissioner shall promulgate a sample estimated cost of services form\nand each carrier may adopt any form substantially similar to the said\nform, which shall also include a statement, in bold face type,\nindicating that the tariff in effect at the time of the shipment shall\ngovern the final charges for the shipment. In addition to specific\nrates and charges required to be filed pursuant to section one hundred\nninety-seven of this article, a common carrier of household goods may\nalso offer shippers a written binding estimate of the total\ntransportation charges for the transportation of household goods as\ndefined in paragraphs (a) and (b) of subdivision fifteen of section two\nof this chapter. Provided, however, that if a carrier elects to offer\nwritten binding estimates it must specifically state so in its tariff\nand must make such option available on a nonpreferential basis to all\nshippers as an alternative to the specific rates and charges detailed in\nits tariff. The written binding estimate shall be in the form and\ncontain such information as the commissioner may prescribe by\nregulation.\n