N.Y. Transportation Law § 158: Tariff requirements; common carriers

§ 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.