§ 39-12-13. Alteration of common carrier rates by the administrator.
(a) The administrator, upon complaint of any common carrier by motor vehicle or of any
person, or upon his or her own motion, after a hearing, may allow or disallow any
filed or existing rates and may alter or prescribe the rates of common carriers in
connection with the transportation of any or all classes of property to any or between
any and all points within the state and any service connected therewith in accordance
with the legal standards provided in this chapter. Whenever, upon complaint or in
any investigation on his or her own initiative, the administrator, after a hearing,
shall be of the opinion that any rate or charge collected, charged, or demanded by
any common carrier by motor vehicle, or any classification, rule, regulation, or practice
whatsoever of the carrier affecting the rate, charge, or the value of the service
thereunder, is or will be unjust or unreasonable, or unjustly discriminatory, or unduly
preferential, or unduly prejudicial, he or she shall determine and prescribe the lawful
rate or charge, or the maximum and/or minimum rate or charge thereafter to be observed
or the lawful classification, rule, regulation, or practice thereafter to be effective.
(b) The administrator shall implement a gasoline price emergency surcharge program whereby
a person licensed under this chapter to perform "driveaway-towaway operations� shall
be permitted to impose and collect a surcharge, during such times and under such conditions
wherein the administrator determines that the average price of gasoline in this state
exceeds one dollar and fifty cents ($1.50) per gallon. Provided, that the administrator
shall have discretion as to when to permit such surcharge to be imposed, except that
the administrator shall not impose the surcharge at any time when the average price
of gasoline, as determined by the administrator, does not exceed the price of one
dollar and fifty cents ($1.50) per gallon.
(c) The administrator shall implement a diesel price emergency surcharge program whereby
a person licensed under § 39-3-3, § 39-3-3.1, or § 39-3-4 to perform as a "common carrier of persons and/or property upon water between termini
within the state,� providing "lifeline� service as determined by the division, shall
be permitted to impose and collect a surcharge for each passenger and vehicle carried,
during periods when it is determined that the average retail price of diesel fuel
in this state exceeds one dollar and twenty cents ($1.20) per gallon; provided, however,
that no such surcharge shall be authorized for carriers providing service that is
determined by the division to be "discretionary� in nature.