Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
Tariff requirements; common carriers
Transportation (TRA) CHAPTER 61-A, ARTICLE 8
§ 179. Tariff requirements; common carriers. 1. No common carrier of
property by motor vehicle shall engage in such transportation unless the
rates and charges of said carrier have been prescribed, or filed 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 property by motor vehicle shall
file with the commissioner and at all times keep open to public
inspection tariffs showing all the rates 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 by motor vehicle, when a through
route and joint rate shall have been established. Such rates 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 unlawful.

3. No common carrier of property by motor vehicle shall charge,
demand, collect or receive a different compensation for transportation
or for any service in connection therewith between points enumerated in
such tariff than the rates and charges specified in the tariffs in
effect at the time of shipment 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 or charges so
specified, nor extend to any person any privilege for transportation
except as is specified in its tariff.

4. No change shall be made in any rate, charge or classification, 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 instances or by general order applicable to
special or particular circumstances or conditions.

5. Except as provided for in subdivision eight of section one hundred
seventy-eight of this article, the commissioner may suspend the
implementation of any proposed tariff change and defer the use of such
tariff change for a period of six months. After investigation and
hearing, the commissioner may allow the tariff change as proposed or he
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.