State Codes and Statutes

Statutes > New-york > Tra > Article-8 > 178

§ 178. Rates  and charges; common carriers. 1. It shall be the duty of  every common carrier of property to establish, observe and enforce  just  and   reasonable  rates,  charges  and  classifications,  and  just  and  reasonable regulations and practices relating thereto.    2. Common carriers of property by motor vehicle may establish  through  routes  and  joint  rates,  charges  and classifications with other such  carriers and once established it shall be the duty of all  such  carrier  parties    to    establish   just   and   reasonable   rates,   charges,  classifications, regulations and practices and  equitable  divisions  of  revenue.    3. All charges made for any service rendered, or to be rendered by any  common  carrier  of  property  by  motor  vehicle,  shall  be  just  and  reasonable, and every unjust and unreasonable charge for such service or  any part thereof, is prohibited and declared to be unlawful. It shall be  unlawful for any common carrier to make, give  or  cause  any  undue  or  unreasonable  preference  or advantage to any particular persons, in any  respect whatsoever; or to subject any particular person  to  any  unjust  discrimination or any undue or unreasonable prejudice or disadvantage in  any respect whatsoever.    4.  Whenever,  after a hearing, upon complaint, or in an investigation  on the commissioner's own initiative, the commissioner  shall  determine  that any individual or joint rate, charge or classification in effect or  proposed  to be put into effect by any common carrier or group of common  carriers of property  by  motor  vehicle  or  any  rule,  regulation  or  practice  whatsoever  affecting  such rate, charge or classification, or  the  value  of  the  service  thereunder,  is  or  will  be  unjust   or  unreasonable,  or unjustly discriminatory, unduly preferential or unduly  prejudicial, the commissioner shall determine and prescribe  the  lawful  rate,  charge  or  classification,  or  the  lawful  rule, regulation or  practice thereafter to be observed.    5. The commissioner shall, whenever deemed by him to be  necessary  or  desirable  in  the  public interest, after a hearing, upon complaint, or  upon the commissioner's own initiative,  establish  through  routes  and  joint   rates,   charges,  classifications,  regulations  or  practices,  applicable to the transportation of property by common carriers and  the  terms and conditions under which such through routes shall be operated.    6.   Whenever,   after   a   hearing,   upon  complaint  or  upon  the  commissioner's own initiative,  the  commissioner  determines  that  the  divisions  of  joint rates, charges or classifications applicable to the  transportation of property by common carriers are  or  will  be  unjust,  unreasonable,  inequitable,  or  unduly  preferential  or prejudicial as  between the carrier parties, the commissioner shall by  order  prescribe  the  just, reasonable and equitable divisions thereof.  The order of the  commissioner  may  require  the  adjustment  of  divisions  between  the  carriers,  in  accordance  with  the  order, from the date of filing the  complaint or entry  of  order  of  investigation,  or  such  other  date  subsequent as the commissioner finds justified and, in the case of joint  rates,  charges  or  classifications prescribed by the commissioner, the  order as to divisions may be made effective as a part  of  the  original  order.    7. In proceedings to determine the reasonableness of rates, charges or  classifications  of  a  common  carrier  of  property or group of common  carriers of property, the commissioner shall  authorize  revenue  levels  that  are  adequate  under efficient management to cover total operating  expenses, plus a reasonable profit as determined by the commissioner.    8. The commissioner may not investigate, suspend, revise or revoke any  rate or charge proposed by a carrier  if  the  proposed  rate  does  not  increase  or reduce any existing rate or charge by more than ten percentin any twelve month period. This subdivision does  not  apply  to  rates  that  are  proposed  through  the collective actions of the members of a  rate conference.    9.  Any rate or charge that in any twelve-month period is increased or  reduced by more than the percentage specified in  subdivision  eight  of  this  section  must  be accompanied by such financial, statistical, cost  and other data as  the  commissioner  may  prescribe  by  regulation  to  justify   such   change.   Any   such  rate  or  charge  is  subject  to  investigation, suspension, revision or revocation.

State Codes and Statutes

Statutes > New-york > Tra > Article-8 > 178

§ 178. Rates  and charges; common carriers. 1. It shall be the duty of  every common carrier of property to establish, observe and enforce  just  and   reasonable  rates,  charges  and  classifications,  and  just  and  reasonable regulations and practices relating thereto.    2. Common carriers of property by motor vehicle may establish  through  routes  and  joint  rates,  charges  and classifications with other such  carriers and once established it shall be the duty of all  such  carrier  parties    to    establish   just   and   reasonable   rates,   charges,  classifications, regulations and practices and  equitable  divisions  of  revenue.    3. All charges made for any service rendered, or to be rendered by any  common  carrier  of  property  by  motor  vehicle,  shall  be  just  and  reasonable, and every unjust and unreasonable charge for such service or  any part thereof, is prohibited and declared to be unlawful. It shall be  unlawful for any common carrier to make, give  or  cause  any  undue  or  unreasonable  preference  or advantage to any particular persons, in any  respect whatsoever; or to subject any particular person  to  any  unjust  discrimination or any undue or unreasonable prejudice or disadvantage in  any respect whatsoever.    4.  Whenever,  after a hearing, upon complaint, or in an investigation  on the commissioner's own initiative, the commissioner  shall  determine  that any individual or joint rate, charge or classification in effect or  proposed  to be put into effect by any common carrier or group of common  carriers of property  by  motor  vehicle  or  any  rule,  regulation  or  practice  whatsoever  affecting  such rate, charge or classification, or  the  value  of  the  service  thereunder,  is  or  will  be  unjust   or  unreasonable,  or unjustly discriminatory, unduly preferential or unduly  prejudicial, the commissioner shall determine and prescribe  the  lawful  rate,  charge  or  classification,  or  the  lawful  rule, regulation or  practice thereafter to be observed.    5. The commissioner shall, whenever deemed by him to be  necessary  or  desirable  in  the  public interest, after a hearing, upon complaint, or  upon the commissioner's own initiative,  establish  through  routes  and  joint   rates,   charges,  classifications,  regulations  or  practices,  applicable to the transportation of property by common carriers and  the  terms and conditions under which such through routes shall be operated.    6.   Whenever,   after   a   hearing,   upon  complaint  or  upon  the  commissioner's own initiative,  the  commissioner  determines  that  the  divisions  of  joint rates, charges or classifications applicable to the  transportation of property by common carriers are  or  will  be  unjust,  unreasonable,  inequitable,  or  unduly  preferential  or prejudicial as  between the carrier parties, the commissioner shall by  order  prescribe  the  just, reasonable and equitable divisions thereof.  The order of the  commissioner  may  require  the  adjustment  of  divisions  between  the  carriers,  in  accordance  with  the  order, from the date of filing the  complaint or entry  of  order  of  investigation,  or  such  other  date  subsequent as the commissioner finds justified and, in the case of joint  rates,  charges  or  classifications prescribed by the commissioner, the  order as to divisions may be made effective as a part  of  the  original  order.    7. In proceedings to determine the reasonableness of rates, charges or  classifications  of  a  common  carrier  of  property or group of common  carriers of property, the commissioner shall  authorize  revenue  levels  that  are  adequate  under efficient management to cover total operating  expenses, plus a reasonable profit as determined by the commissioner.    8. The commissioner may not investigate, suspend, revise or revoke any  rate or charge proposed by a carrier  if  the  proposed  rate  does  not  increase  or reduce any existing rate or charge by more than ten percentin any twelve month period. This subdivision does  not  apply  to  rates  that  are  proposed  through  the collective actions of the members of a  rate conference.    9.  Any rate or charge that in any twelve-month period is increased or  reduced by more than the percentage specified in  subdivision  eight  of  this  section  must  be accompanied by such financial, statistical, cost  and other data as  the  commissioner  may  prescribe  by  regulation  to  justify   such   change.   Any   such  rate  or  charge  is  subject  to  investigation, suspension, revision or revocation.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Tra > Article-8 > 178

§ 178. Rates  and charges; common carriers. 1. It shall be the duty of  every common carrier of property to establish, observe and enforce  just  and   reasonable  rates,  charges  and  classifications,  and  just  and  reasonable regulations and practices relating thereto.    2. Common carriers of property by motor vehicle may establish  through  routes  and  joint  rates,  charges  and classifications with other such  carriers and once established it shall be the duty of all  such  carrier  parties    to    establish   just   and   reasonable   rates,   charges,  classifications, regulations and practices and  equitable  divisions  of  revenue.    3. All charges made for any service rendered, or to be rendered by any  common  carrier  of  property  by  motor  vehicle,  shall  be  just  and  reasonable, and every unjust and unreasonable charge for such service or  any part thereof, is prohibited and declared to be unlawful. It shall be  unlawful for any common carrier to make, give  or  cause  any  undue  or  unreasonable  preference  or advantage to any particular persons, in any  respect whatsoever; or to subject any particular person  to  any  unjust  discrimination or any undue or unreasonable prejudice or disadvantage in  any respect whatsoever.    4.  Whenever,  after a hearing, upon complaint, or in an investigation  on the commissioner's own initiative, the commissioner  shall  determine  that any individual or joint rate, charge or classification in effect or  proposed  to be put into effect by any common carrier or group of common  carriers of property  by  motor  vehicle  or  any  rule,  regulation  or  practice  whatsoever  affecting  such rate, charge or classification, or  the  value  of  the  service  thereunder,  is  or  will  be  unjust   or  unreasonable,  or unjustly discriminatory, unduly preferential or unduly  prejudicial, the commissioner shall determine and prescribe  the  lawful  rate,  charge  or  classification,  or  the  lawful  rule, regulation or  practice thereafter to be observed.    5. The commissioner shall, whenever deemed by him to be  necessary  or  desirable  in  the  public interest, after a hearing, upon complaint, or  upon the commissioner's own initiative,  establish  through  routes  and  joint   rates,   charges,  classifications,  regulations  or  practices,  applicable to the transportation of property by common carriers and  the  terms and conditions under which such through routes shall be operated.    6.   Whenever,   after   a   hearing,   upon  complaint  or  upon  the  commissioner's own initiative,  the  commissioner  determines  that  the  divisions  of  joint rates, charges or classifications applicable to the  transportation of property by common carriers are  or  will  be  unjust,  unreasonable,  inequitable,  or  unduly  preferential  or prejudicial as  between the carrier parties, the commissioner shall by  order  prescribe  the  just, reasonable and equitable divisions thereof.  The order of the  commissioner  may  require  the  adjustment  of  divisions  between  the  carriers,  in  accordance  with  the  order, from the date of filing the  complaint or entry  of  order  of  investigation,  or  such  other  date  subsequent as the commissioner finds justified and, in the case of joint  rates,  charges  or  classifications prescribed by the commissioner, the  order as to divisions may be made effective as a part  of  the  original  order.    7. In proceedings to determine the reasonableness of rates, charges or  classifications  of  a  common  carrier  of  property or group of common  carriers of property, the commissioner shall  authorize  revenue  levels  that  are  adequate  under efficient management to cover total operating  expenses, plus a reasonable profit as determined by the commissioner.    8. The commissioner may not investigate, suspend, revise or revoke any  rate or charge proposed by a carrier  if  the  proposed  rate  does  not  increase  or reduce any existing rate or charge by more than ten percentin any twelve month period. This subdivision does  not  apply  to  rates  that  are  proposed  through  the collective actions of the members of a  rate conference.    9.  Any rate or charge that in any twelve-month period is increased or  reduced by more than the percentage specified in  subdivision  eight  of  this  section  must  be accompanied by such financial, statistical, cost  and other data as  the  commissioner  may  prescribe  by  regulation  to  justify   such   change.   Any   such  rate  or  charge  is  subject  to  investigation, suspension, revision or revocation.