N.Y. Transportation Law § 157: Rates, fares and charges; common carriers

§ 157. Rates, fares and charges; common carriers. 1. It shall be the

duty of every common carrier of passengers to establish, observe and

enforce just and reasonable rates, fares and charges, and just and

reasonable regulations and practices relating thereto.

2. Common carriers of passengers by motor vehicle may establish

through routes and joint rates, fares and charges with other such

carriers and once established it shall be the duty of all such carrier

parties to establish just and reasonable rates, fares, charges,

regulations and practices and equitable divisions of revenue.

3. All such charges made for any service rendered, or to be rendered

by any common carrier of passengers 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 person 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, fare or charge in effect or proposed

to be put into effect by any common carrier or group of common carriers

of passengers by motor vehicle or any rule, regulation or practice

whatsoever affecting such rate, fare or charge 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, fare or

charge, or the lawful rule, regulation or practice thereafter to be

observed.

5. The commissioner shall, whenever deemed 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,

fares, charges, regulations or practices, applicable to the

transportation of passengers 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 shall determine that the

divisions of joint rates, fares or charges applicable to the

transportation of passengers 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 or fares 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 rate or fare

levels for a common carrier of passengers or group of common carriers of

passengers, 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.