§ 39-12-16. Duty of contract carriers to establish reasonable rates — Publication of rate schedules
— Rate discrimination — Rebates.
(a) It shall be the duty of every contract carrier by motor vehicle to establish and observe
reasonable rates and charges for any service rendered or to be rendered in the transportation
of property, and to establish and observe reasonable regulations and practices to
be applied in connection with the reasonable rates and charges.
(b) It shall be the duty of every contract carrier by motor vehicle to publish; file with
the administrator on not less than thirty (30) days' notice; and keep open for public
inspection in the form and manner prescribed by the administrator, schedules containing
the actual rates and charges of the carrier, and any rule, regulation, or practice
affecting the rates or charges, and the value of the service thereunder. A filing
fee of fifty dollars ($50.00) must accompany all filings made pursuant to this section.
All revenues received under this section shall be deposited as general revenues.
(c) No contract carrier shall engage in the transportation of property, unless the effective
contract or contracts are in force, and a copy or copies filed with the administrator,
and/or unless the actual charges for transportation by the carrier have been published,
filed, and posted in accordance with the provisions of this chapter. No contract shall
be filed nor reduction made in any charge, either directly or by means of any change
in any rule, regulation, or practice affecting the charge or the value of the service
under the contract, except after thirty (30) days' notice of the proposed change filed
in the manner and form as provided in subsection (b) of this section; provided, that
the administrator may, in his or her discretion and for good cause shown, allow the
change upon less notice, or may modify the requirements of this section with respect
to the posting and filing of the schedules, either in particular instances or by general
order, applicable to special or peculiar circumstances or conditions.
(d) The schedule of actual rates of every contract carrier shall contain a list of all
parties with whom contracts are or may, from time to time, be in effect, without designation
of the party for whom the motor carrier services are being or are to be performed.
(e) No carrier shall demand, or collect, or charge a less compensation for transportation
than the charge contained in his or her written contract and published in his or her
schedule of actual rates on file with the administrator, or prescribed after a hearing
by the administrator; and it shall be unlawful for any contract carrier, by the furnishing
of special services, facilities, or privileges, or by any other device whatsoever,
to charge, accept, or receive less than the actual rates and charges so filed or prescribed.
The charges of the contract carriers shall be no less than those of common carriers
for substantially the same or similar service.