N.Y. Transportation Law § 179: Tariff requirements; common carriers

§ 179. Tariff requirements; common carriers. 1. No common carrier of

property 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 property 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 carrier, or on the

routes of any other common carrier 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 property 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 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 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, 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

seventy-eight 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.