§ 99 — Changes in fares and charges; notice required; power of suspension by the commissioner

New York § 99

• Jurisdiction: New York
• Law TRA: Transportation
• Art. 4: Provisions Relating to Common Carriers

Text

§ 99. Changes in fares and charges; notice required; power of\nsuspension by the commissioner. 1. Unless the commissioner otherwise\norders, no change shall be made in any rate, fare or charge, or joint\nrate, fare or charge, which shall have been filed and published by a\ncommon carrier in compliance with this chapter, except after thirty\ndays' notice to the commissioner and publication for thirty days as\nrequired by section ninety-eight, which shall plainly state the changes\nproposed to be made in the schedule then in force, and the time when the\nchanged rate, fare or charge will go into effect; and all proposed\nchanges shall be shown by printing, filing and publishing new schedules\nor shall be plainly indicated upon the schedules in force at the time\nand kept open to public inspection. The commissioner, for good cause\nshown, may allow changes in rates without requiring the thirty days'\nnotice and publication herein provided for, by duly filing and\npublishing in such manner as he may direct an order specifying the\nchange so made and the time when it shall take effect; all such changes\nshall be immediately indicated upon its schedules by the common carrier.\nWhenever there shall be filed with the commissioner by any common\ncarrier any schedule stating a new individual or joint rate, fare or\ncharge, or any new individual or joint classification or any new\nindividual or joint regulation or practice affecting any rate, fare or\ncharge, the commissioner shall have and he is hereby given authority,\neither upon complaint or upon his own initiative without complaint, at\nonce, and if he so orders without answer or other formal pleading by the\ninterested carrier or carriers, but upon reasonable notice, to enter\nupon a hearing concerning the propriety of such rate, charge, fare,\nclassification, regulation or practice; and pending such hearing and\ndecision thereon, the commissioner upon filing with such schedule, and\ndelivering to the carrier or carriers affected thereby, a statement in\nwriting of his reasons for such suspension, may suspend the operation of\nsuch schedule and defer the use of such rate, fare, charge,\nclassification, regulation or practice, but not for a longer period than\none hundred and twenty days beyond the time when such rate, fare,\ncharge, classification, regulation or practice would otherwise go into\neffect; and after full hearing whether completed before or after the\nrate, fare, charge, classification, regulation or practice goes into\neffect, the commissioner may make such order in reference to such rate,\nfare, charge, classification, regulation or practice, as would be proper\nin a proceeding initiated after the rate, fare, charge, classification,\nregulation or practice had become effective. Provided, that if any such\nhearing cannot be concluded within the period of suspension, as above\nstated, the commissioner may, in his discretion, extend the time of\nsuspension for a further period not exceeding six months. The\ncommissioner may as authorized by subdivision one of section one hundred\nnineteen establish temporary rates for any period of suspension under\nthis section. At any hearing involving a rate, the burden of proof to\nshow that the change in rate if proposed by the common carrier, or that\nthe existing rate, if on motion of the commissioner or in a complaint\nfiled with the commissioner it is proposed to reduce the rate, is just\nand reasonable shall be upon the common carrier; and the commissioner\nmay give to the hearing and decision of such questions preference over\nall other questions pending before him and decide the same as speedily\nas possible.\n