State Codes and Statutes

Statutes > New-york > Tra > Article-7 > 158

§ 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  unlawful.    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.

State Codes and Statutes

Statutes > New-york > Tra > Article-7 > 158

§ 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  unlawful.    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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Tra > Article-7 > 158

§ 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  unlawful.    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.

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