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.
Rates and charges; contract carriers
Transportation (TRA) CHAPTER 61-A, ARTICLE 8
§ 180. Rates and charges; contract carriers. 1. No contract carrier of
property by motor vehicle shall engage in such transportation unless a
copy of the contract and copies of any amendments to that contract are
filed with the commissioner in accordance with any rules and regulations
that the commissioner may prescribe.

2. No contract carrier of property by motor vehicle shall charge,
demand, collect or receive a different compensation for transportation
or for any service in connection therewith than the rates and charges
specified in the contract in effect and on file with the commissioner 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 contract.

3. Initial, first time, contracts shall be published and filed with at
least one day's notice to the commissioner and must be in accordance
with the rules and regulations that may be prescribed by the

4. No reduction shall be made in any rate, charge, or classification,
or the value of the service thereunder in any contract except after at
least thirty days' notice of the proposed change filed and posted in
accordance with the rules and regulations that may be prescribed by the
commissioner. The commissioner may for good cause shown, allow changes
on less than thirty days notice or modify the requirements of this
section either in particular instances or by general order applicable to
special or particular circumstances or conditions.

5. Whenever, after a hearing, upon complaint or on the commissioner's
own initiative, the commissioner finds that any charge of any contract
carrier or contract carriers is unreasonably low or any rule, regulation
or practice of any such carrier or carriers affecting such charge, or
the value of the service thereunder results in an unreasonably low
charge, the commissioner may prescribe such charge or such rule,
regulation or practice as the commissioner determines may be necessary
or desirable in the public interest. All complaints filed under this
subdivision shall state fully the facts complained of and the reason for
such complaint and shall be made under oath.

6. Whenever there shall be filed with the commissioner by any such
contract carrier any contract or amendment to a contract stating a
reduced charge, or which has the effect of reducing a charge by means of
any rule, regulation or practice, the commissioner may, upon complaint
or on the commissioner's own initiative, suspend and defer the
implementation in part or in whole of any such contract or contract
amendment for a period of six months. After investigation and hearing,
the commissioner may allow the suspended matter as proposed or issue an
order directing the carrier to cancel or modify the proposed contract or
contract amendment. Provided, however, that if a decision is not
rendered within the six month suspension period the proposed contract or
amendment shall go into effect at the end of such suspension period. In
any hearing to determine the reasonableness or lawfulness of a proposed
reduction the burden of proof shall be on the carrier or carriers
proposing the reduction.