Division of motor carrier and railroad safety may fix reasonablerates and charges.
387.190. 1. Whenever the division of motor carrier and railroadsafety shall be of the opinion, after a hearing had upon its own motion orupon complaint, that the rates, fares or charges demanded, exacted, chargedor collected by any motor carrier for the transportation of persons orhousehold goods within the state, or that the regulations or practices ofsuch motor carrier affecting such rates are unjust, unreasonable, unjustlydiscriminatory or unduly preferential, or in any wise in violation of anyprovisions of law, or that the maximum rates, fares or charges, chargeableby any such motor carrier are insufficient to yield reasonable compensationfor the service rendered, and are unjust and unreasonable, the divisionshall, with due regard, among other things, to a reasonable average returnupon the value of the household goods actually used in the public serviceand to the necessity of making reservation out of income for surplus andcontingencies, determine the just and reasonable rates, fares and chargesto be thereafter observed and in force as the maximum to be charged for theservice to be performed, notwithstanding that a higher rate, fare or chargehas been heretofore authorized by statute, and shall fix the same by orderto be served upon all motor carriers by whom such rates, fares and chargesare thereafter to be observed.
2. Whenever the division shall be of the opinion, after a hearing hadupon its own motion or upon complaint, that the rates, fares or chargesdemanded, exacted, charged or collected by any motor carrier for excursion,school or family commutation, commutation passenger tickets, half-faretickets for the transportation of children under twelve years of age, orany other form of reduced rate tickets for the transportation of personswithin the state, or joint interchangeable mileage tickets, with specialprivileges as to the amount of free baggage that may be carried undermileage tickets of one thousand miles or more within the state, or that theregulations or practices of such motor carrier affecting such rates areunjust, unreasonable, unjustly discriminatory or unduly preferential, or inany wise in violation of any provision of law, or that the maximum rates,fares or charges collected or charged for any of such forms of reduced farepassenger transportation tickets by any such motor carrier are insufficientto yield reasonable compensation for the service rendered, and are unjustand unreasonable the division shall, with due regard, among other things,to a reasonable average return upon the value of the household goodsactually used in the public service and to the necessity of makingreservation out of income for surplus and contingencies, determine the justand reasonable rates, fares and charges to be thereafter observed andenforced as the maximum to be charged for such mileage, excursion, schoolor family commutation, half-fare or any other form of reduced fare ticketsfor the transportation of persons, or joint interchangeable mileage ticketswith special privileges as aforesaid, and shall order the sale and usethereof to be restored, of any of the kinds of tickets herein specified orany other form of reduced rate ticket for the transportation of personswithin the state and shall determine and prescribe the reasonable and justrates, fares and charges to be thereafter observed and enforced as themaximum to be charged for any such form of ticket or tickets for thetransportation of persons within this state, all of which laws fixing suchrates, fares and charges or requiring the restoration of, sale and use ofany of such forms of ticket or tickets, shall be by order to be served uponall motor carriers by whom such rates, fares and charges or restoration of,sale or use of, such ticket or tickets are thereafter to be observed.
3. Whenever the division shall be of the opinion, after a hearing hadupon its own motion or upon complaint, that the regulations, practices,equipment, appliances or service of any such motor carrier in respect totransportation of persons or household goods within this state are unjust,unreasonable, unsafe, improper or inadequate, the division shall determinethe just, reasonable, safe, adequate and proper regulations, practices,equipment, appliances and service thereafter to be in force, to be observedand to be used in such transportation of persons and household goods and sofix and prescribe the same by order to be served upon every motor carrierto be bound thereby; and thereafter it shall be the duty of every motorcarrier to observe and obey each and every requirement of every such orderso served upon it, and to do everything necessary or proper in order tosecure absolute compliance with and observance of every such order by allof its officers, agents and employees.
4. The division shall have power to require, by order, any two ormore motor carriers, whose lines, owned, operated, controlled or leased,form a continuous or connecting line of transportation by transfer ofhousehold goods or passengers at connecting points, to establish throughrates and joint rates, fares and charges for the transportation ofpassengers and household goods within the state as the division may, by itsorder, designate; and in case such through rates, and joint rates be notestablished by the motor carriers named in any such order within the timetherein specified, the division shall establish just and reasonable rates,fares and charges, to be charged for such through transportation, anddeclare the portions thereof to which each motor carrier affected therebyshall be entitled and the manner in which the same shall be paid andsecured; and the division shall also have power in the same proceeding, orin a separate proceeding involving any rates, fares or charges, toprescribe joint rates and fares and charges as the maximum to be exactedfor the transportation by them of passengers and household goods within thestate, and to require such motor carriers affected thereby to make within aspecified time an agreement between them as to the portion of such jointrates, fares or charges to which each of them shall be entitled; and incase such agreement be not so made within the time so specified thedivision may declare by supplemental order the portion thereof to whicheach motor carrier affected thereby shall be entitled and the manner inwhich the same shall be paid and secured; such supplemental order shalltake effect as part of the original order from the time such supplementalorder shall become effective.
Division of motor carrier and railroad safety may fix reasonablerates and charges.
387.190. 1. Whenever the division of motor carrier and railroadsafety shall be of the opinion, after a hearing had upon its own motion orupon complaint, that the rates, fares or charges demanded, exacted, chargedor collected by any motor carrier for the transportation of persons orhousehold goods within the state, or that the regulations or practices ofsuch motor carrier affecting such rates are unjust, unreasonable, unjustlydiscriminatory or unduly preferential, or in any wise in violation of anyprovisions of law, or that the maximum rates, fares or charges, chargeableby any such motor carrier are insufficient to yield reasonable compensationfor the service rendered, and are unjust and unreasonable, the divisionshall, with due regard, among other things, to a reasonable average returnupon the value of the household goods actually used in the public serviceand to the necessity of making reservation out of income for surplus andcontingencies, determine the just and reasonable rates, fares and chargesto be thereafter observed and in force as the maximum to be charged for theservice to be performed, notwithstanding that a higher rate, fare or chargehas been heretofore authorized by statute, and shall fix the same by orderto be served upon all motor carriers by whom such rates, fares and chargesare thereafter to be observed.
2. Whenever the division shall be of the opinion, after a hearing hadupon its own motion or upon complaint, that the rates, fares or chargesdemanded, exacted, charged or collected by any motor carrier for excursion,school or family commutation, commutation passenger tickets, half-faretickets for the transportation of children under twelve years of age, orany other form of reduced rate tickets for the transportation of personswithin the state, or joint interchangeable mileage tickets, with specialprivileges as to the amount of free baggage that may be carried undermileage tickets of one thousand miles or more within the state, or that theregulations or practices of such motor carrier affecting such rates areunjust, unreasonable, unjustly discriminatory or unduly preferential, or inany wise in violation of any provision of law, or that the maximum rates,fares or charges collected or charged for any of such forms of reduced farepassenger transportation tickets by any such motor carrier are insufficientto yield reasonable compensation for the service rendered, and are unjustand unreasonable the division shall, with due regard, among other things,to a reasonable average return upon the value of the household goodsactually used in the public service and to the necessity of makingreservation out of income for surplus and contingencies, determine the justand reasonable rates, fares and charges to be thereafter observed andenforced as the maximum to be charged for such mileage, excursion, schoolor family commutation, half-fare or any other form of reduced fare ticketsfor the transportation of persons, or joint interchangeable mileage ticketswith special privileges as aforesaid, and shall order the sale and usethereof to be restored, of any of the kinds of tickets herein specified orany other form of reduced rate ticket for the transportation of personswithin the state and shall determine and prescribe the reasonable and justrates, fares and charges to be thereafter observed and enforced as themaximum to be charged for any such form of ticket or tickets for thetransportation of persons within this state, all of which laws fixing suchrates, fares and charges or requiring the restoration of, sale and use ofany of such forms of ticket or tickets, shall be by order to be served uponall motor carriers by whom such rates, fares and charges or restoration of,sale or use of, such ticket or tickets are thereafter to be observed.
3. Whenever the division shall be of the opinion, after a hearing hadupon its own motion or upon complaint, that the regulations, practices,equipment, appliances or service of any such motor carrier in respect totransportation of persons or household goods within this state are unjust,unreasonable, unsafe, improper or inadequate, the division shall determinethe just, reasonable, safe, adequate and proper regulations, practices,equipment, appliances and service thereafter to be in force, to be observedand to be used in such transportation of persons and household goods and sofix and prescribe the same by order to be served upon every motor carrierto be bound thereby; and thereafter it shall be the duty of every motorcarrier to observe and obey each and every requirement of every such orderso served upon it, and to do everything necessary or proper in order tosecure absolute compliance with and observance of every such order by allof its officers, agents and employees.
4. The division shall have power to require, by order, any two ormore motor carriers, whose lines, owned, operated, controlled or leased,form a continuous or connecting line of transportation by transfer ofhousehold goods or passengers at connecting points, to establish throughrates and joint rates, fares and charges for the transportation ofpassengers and household goods within the state as the division may, by itsorder, designate; and in case such through rates, and joint rates be notestablished by the motor carriers named in any such order within the timetherein specified, the division shall establish just and reasonable rates,fares and charges, to be charged for such through transportation, anddeclare the portions thereof to which each motor carrier affected therebyshall be entitled and the manner in which the same shall be paid andsecured; and the division shall also have power in the same proceeding, orin a separate proceeding involving any rates, fares or charges, toprescribe joint rates and fares and charges as the maximum to be exactedfor the transportation by them of passengers and household goods within thestate, and to require such motor carriers affected thereby to make within aspecified time an agreement between them as to the portion of such jointrates, fares or charges to which each of them shall be entitled; and incase such agreement be not so made within the time so specified thedivision may declare by supplemental order the portion thereof to whicheach motor carrier affected thereby shall be entitled and the manner inwhich the same shall be paid and secured; such supplemental order shalltake effect as part of the original order from the time such supplementalorder shall become effective.
Division of motor carrier and railroad safety may fix reasonablerates and charges.
387.190. 1. Whenever the division of motor carrier and railroadsafety shall be of the opinion, after a hearing had upon its own motion orupon complaint, that the rates, fares or charges demanded, exacted, chargedor collected by any motor carrier for the transportation of persons orhousehold goods within the state, or that the regulations or practices ofsuch motor carrier affecting such rates are unjust, unreasonable, unjustlydiscriminatory or unduly preferential, or in any wise in violation of anyprovisions of law, or that the maximum rates, fares or charges, chargeableby any such motor carrier are insufficient to yield reasonable compensationfor the service rendered, and are unjust and unreasonable, the divisionshall, with due regard, among other things, to a reasonable average returnupon the value of the household goods actually used in the public serviceand to the necessity of making reservation out of income for surplus andcontingencies, determine the just and reasonable rates, fares and chargesto be thereafter observed and in force as the maximum to be charged for theservice to be performed, notwithstanding that a higher rate, fare or chargehas been heretofore authorized by statute, and shall fix the same by orderto be served upon all motor carriers by whom such rates, fares and chargesare thereafter to be observed.
2. Whenever the division shall be of the opinion, after a hearing hadupon its own motion or upon complaint, that the rates, fares or chargesdemanded, exacted, charged or collected by any motor carrier for excursion,school or family commutation, commutation passenger tickets, half-faretickets for the transportation of children under twelve years of age, orany other form of reduced rate tickets for the transportation of personswithin the state, or joint interchangeable mileage tickets, with specialprivileges as to the amount of free baggage that may be carried undermileage tickets of one thousand miles or more within the state, or that theregulations or practices of such motor carrier affecting such rates areunjust, unreasonable, unjustly discriminatory or unduly preferential, or inany wise in violation of any provision of law, or that the maximum rates,fares or charges collected or charged for any of such forms of reduced farepassenger transportation tickets by any such motor carrier are insufficientto yield reasonable compensation for the service rendered, and are unjustand unreasonable the division shall, with due regard, among other things,to a reasonable average return upon the value of the household goodsactually used in the public service and to the necessity of makingreservation out of income for surplus and contingencies, determine the justand reasonable rates, fares and charges to be thereafter observed andenforced as the maximum to be charged for such mileage, excursion, schoolor family commutation, half-fare or any other form of reduced fare ticketsfor the transportation of persons, or joint interchangeable mileage ticketswith special privileges as aforesaid, and shall order the sale and usethereof to be restored, of any of the kinds of tickets herein specified orany other form of reduced rate ticket for the transportation of personswithin the state and shall determine and prescribe the reasonable and justrates, fares and charges to be thereafter observed and enforced as themaximum to be charged for any such form of ticket or tickets for thetransportation of persons within this state, all of which laws fixing suchrates, fares and charges or requiring the restoration of, sale and use ofany of such forms of ticket or tickets, shall be by order to be served uponall motor carriers by whom such rates, fares and charges or restoration of,sale or use of, such ticket or tickets are thereafter to be observed.
3. Whenever the division shall be of the opinion, after a hearing hadupon its own motion or upon complaint, that the regulations, practices,equipment, appliances or service of any such motor carrier in respect totransportation of persons or household goods within this state are unjust,unreasonable, unsafe, improper or inadequate, the division shall determinethe just, reasonable, safe, adequate and proper regulations, practices,equipment, appliances and service thereafter to be in force, to be observedand to be used in such transportation of persons and household goods and sofix and prescribe the same by order to be served upon every motor carrierto be bound thereby; and thereafter it shall be the duty of every motorcarrier to observe and obey each and every requirement of every such orderso served upon it, and to do everything necessary or proper in order tosecure absolute compliance with and observance of every such order by allof its officers, agents and employees.
4. The division shall have power to require, by order, any two ormore motor carriers, whose lines, owned, operated, controlled or leased,form a continuous or connecting line of transportation by transfer ofhousehold goods or passengers at connecting points, to establish throughrates and joint rates, fares and charges for the transportation ofpassengers and household goods within the state as the division may, by itsorder, designate; and in case such through rates, and joint rates be notestablished by the motor carriers named in any such order within the timetherein specified, the division shall establish just and reasonable rates,fares and charges, to be charged for such through transportation, anddeclare the portions thereof to which each motor carrier affected therebyshall be entitled and the manner in which the same shall be paid andsecured; and the division shall also have power in the same proceeding, orin a separate proceeding involving any rates, fares or charges, toprescribe joint rates and fares and charges as the maximum to be exactedfor the transportation by them of passengers and household goods within thestate, and to require such motor carriers affected thereby to make within aspecified time an agreement between them as to the portion of such jointrates, fares or charges to which each of them shall be entitled; and incase such agreement be not so made within the time so specified thedivision may declare by supplemental order the portion thereof to whicheach motor carrier affected thereby shall be entitled and the manner inwhich the same shall be paid and secured; such supplemental order shalltake effect as part of the original order from the time such supplementalorder shall become effective.
