N.Y. Transportation Law § 178: Rates and charges; common carriers

§ 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 percent

in 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.