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This entry was published on 2014-09-22
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Tariff requirements; common carriers
Transportation (TRA) CHAPTER 61-A, ARTICLE 7
§ 158. Tariff requirements; common carriers. 1. No common carrier of
passengers shall engage in transportation unless the rates, fares and
charges of said carrier have been prescribed by the commissioner or
filed by the carrier in accordance with the provisions of this article.

2. Whenever an applicable tariff has not already been prescribed by
the commissioner, every common carrier of passengers shall file with the
commissioner and at all times keep open to public inspection tariffs
showing all the rates, fares and charges for transportation, and all
services in connection therewith, between points on its own route and
points on the route of any other such carrier, or on the routes of any
other common carrier when a through route has been established. Such
rates, fares and charges shall be stated in terms of lawful money of the
United States. The tariffs required by this section shall be published,
filed and posted in such form and manner and shall contain such
information as the commissioner by regulation shall prescribe, and the
commissioner is authorized to reject any tariff which is not in
accordance with this article and with such regulations. Any such tariff
so rejected by the commissioner shall be void and its use shall be

3. No common carrier of passengers shall charge, demand, collect or
receive different compensation for transportation or for any service in
connection therewith between the points enumerated in such tariff than
the rates, fares and charges specified in the tariffs in effect at the
time and no such carrier shall refund or remit in any manner or by any
device, directly or indirectly, or through any agent or broker or
otherwise, any portion of the rates, fares or charges so specified, or
extend to any person any privilege for transportation except as is
specified in its tariff.

4. No change shall be made in any rate, fare or charge, or the value
of the service thereunder, specified in any effective tariff of a common
carrier, except after thirty days' notice of the proposed change filed
and posted in accordance with the rules and regulations prescribed by
the commissioner. The commissioner may, for good cause shown, allow such
change upon less than thirty days' notice or modify the requirements of
this section with respect to posting and filing of tariffs either in
particular circumstances or by general order applicable to special or
particular circumstances or conditions.

5. Whenever a change is proposed in the tariff of any common carrier
of passengers, the commissioner may suspend the implementation of such
tariff change and defer the use of such tariff for a period of six
months. After investigation and hearing the commissioner may allow the
tariff change as proposed or may issue an order directing the carrier to
cancel or modify the proposed tariff change. Provided, however, that if
a decision is not rendered within the six month suspension period the
proposed tariff change shall go into effect at the end of such
suspension period. In any hearing to determine the reasonableness or
lawfulness of a proposed tariff change the burden of proof shall be on
the carrier or carriers proposing the tariff change.