§ 197 — Tariff requirements; common carriers of household goods

§ 197. Tariff requirements; common carriers of household goods. 1. No\ncommon carrier of household goods by motor vehicle shall engage in such\ntransportation unless the rates and charges of said carrier have been\nprescribed, or filed in accordance with the provisions of this article.\n 2. Whenever an applicable tariff has not already been prescribed by\nthe commissioner every common carrier of household goods by motor\nvehicle shall file with the commissioner and at all times keep open to\npublic inspection tariffs showing all the rates and charges for\ntransportation, and all services in connection therewith, between points\non its own route and points on the route of any other such common\ncarriers of household goods, or on the routes of any other common\ncarrier of household goods by motor vehicle, when a through route and\njoint rate shall have been established. Such rates and charges shall be\nstated in terms of lawful money of the United States. The tariffs\nrequired by this section shall be published, filed and posted in such\nform and manner and shall contain such information as the commissioner\nby regulation shall prescribe and the commissioner is authorized to\nreject any tariff which is not in accordance with this article and with\nsuch regulations. Any such tariff so rejected by the commissioner shall\nbe void and its use shall be unlawful.\n 3. No common carrier of household goods by motor vehicle shall charge,\ndemand, collect or receive a different compensation for transportation\nor for any service in connection therewith between points enumerated in\nsuch tariff than the rates and charges specified in the tariffs in\neffect at the time of shipment and no such common carrier of household\ngoods shall refund or remit in any manner or by any device, directly or\nindirectly, or through any agent or broker or otherwise, any portion of\nthe rates or charges so specified, nor extend to any person any\nprivilege for transportation except as is specified in its tariff.\n 4. No change shall be made in any rate, charge or classification, or\nthe value of the service thereunder, specified in any effective tariff\nof a common carrier of household goods, except after thirty days' notice\nof the proposed change filed and posted in accordance with the rules and\nregulations prescribed by the commissioner. The commissioner may for\ngood cause shown, allow such change upon less than thirty days' notice\nor modify the requirements of this section with respect to posting and\nfiling of tariffs either in particular instances or by general order\napplicable to special or particular circumstances or conditions.\n 5. Except as provided for in subdivision eight of section one hundred\nninety-six of this article the commissioner may suspend the\nimplementation of any proposed tariff change and defer the use of such\ntariff change for a period of six months. After investigation and\nhearing the commissioner may allow the tariff change as proposed or he\nmay issue an order directing the carrier to cancel or modify the\nproposed tariff change. Provided, however, that if a decision is not\nrendered within the six month suspension period the proposed tariff\nchange shall go into effect at the end of such suspension period. In any\nhearing to determine the reasonableness or lawfulness of a proposed\ntariff change the burden of proof shall be on the carrier or carriers\nproposing the tariff change.\n