N.Y. Transportation Law § 107: Long and short hauls

§ 107. Long and short hauls. It shall be unlawful for any common

carrier subject to the provisions of this chapter to charge or receive

any greater compensation in the aggregate for the transportation of

passengers, or of like kind of property, for a shorter than for a longer

distance over the same line or route in the same direction, the shorter

being included within the longer distance, or to charge any greater

compensation as a through rate than the aggregate of the intermediate

rates subject to the provisions of this chapter; but this shall not be

construed as authorizing any common carrier to charge or receive as

great compensation for a shorter as for a longer distance; provided,

however, that upon application to the commissioner such common carrier

may in special cases, after investigation, be authorized by the

commissioner to charge less for longer than for the shorter distances

for the transportation of passengers or property; and the commissioner

may from time to time prescribe the extent to which such designated

common carrier may be relieved from the operation of this section.

Provided further, that any such carrier or carriers operating over a

circuitous line or route may, subject only to the standards of

lawfulness set forth in this chapter and without further authorization,

meet the charges of such carrier or carriers of the same type operating

over a more direct line or route, to or from the competitive points,

provided that rates so established over circuitous routes shall not be

evidence on the issue of the compensatory character of rates involved in

other proceedings; and provided further, that tariffs proposing rates

subject to the provisions of this section requiring the commissioner's

authorization may be filed when application is made to the commissioner

under the provisions hereof, and in the event such application is

approved, the commissioner shall permit such tariffs to become effective

upon one day's notice.

Whenever a carrier by railroad in competition with a water route or

routes shall reduce the rates on the carriage of any species of freight

to or from competitive points, it shall not be permitted to increase

such rates unless after hearing by the commissioner it shall be found

that such proposed increase rests upon changed conditions other than the

elimination of water competition.