State Codes and Statutes

Statutes > New-york > Tra > Article-9 > 197

§ 197. Tariff requirements; common carriers of household goods. 1.  No  common  carrier of household goods 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  household  goods  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 common  carriers of household goods, or  on  the  routes  of  any  other  common  carrier  of  household  goods 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 household goods 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 common carrier  of  household  goods  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 of household goods, 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  ninety-six   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.

State Codes and Statutes

Statutes > New-york > Tra > Article-9 > 197

§ 197. Tariff requirements; common carriers of household goods. 1.  No  common  carrier of household goods 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  household  goods  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 common  carriers of household goods, or  on  the  routes  of  any  other  common  carrier  of  household  goods 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 household goods 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 common carrier  of  household  goods  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 of household goods, 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  ninety-six   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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Tra > Article-9 > 197

§ 197. Tariff requirements; common carriers of household goods. 1.  No  common  carrier of household goods 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  household  goods  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 common  carriers of household goods, or  on  the  routes  of  any  other  common  carrier  of  household  goods 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 household goods 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 common carrier  of  household  goods  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 of household goods, 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  ninety-six   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.

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