N.Y. Transportation Law § 196: Rates and charges; common carriers of household goods

§ 196. Rates and charges; common carriers of household goods. 1. It

shall be the duty of every common carrier of household goods 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 household goods 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 household goods 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 of household goods 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, area or description of traffic 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 of household goods

or group of common carriers of household goods 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 necessary or desirable in

the public interest, after a hearing, upon complaint, or upon his own

initiative, establish through routes and joint rates, charges,

classifications, regulations or practices, applicable to the

transportation of property by common carriers of household goods 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 household goods 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 investigations, 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 household goods or group of

common carriers of household goods, 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.

10. Prior to entering into an agreement to render services, every

common carrier of household goods shall inform each shipper of the

availability of a written estimate of the total cost of services if

requested at least seventy-two hours in advance of an actual move. If so

requested by a shipper, every common carrier of household goods shall

issue to each shipper an estimated total cost of services form which

shall not serve as the actual contract between the shipper and such

carrier but shall be given as an educated prediction of the total cost

for services to be rendered, except that such estimate shall not be

required for moves of household goods involving one room of four hundred

square feet or less. The estimate for all services provided shall be in

writing and shall be fully completed in all respects, and shall be

rendered only after a physical examination by the carrier. The

commissioner shall promulgate a sample estimated cost of services form

and each carrier may adopt any form substantially similar to the said

form, which shall also include a statement, in bold face type,

indicating that the tariff in effect at the time of the shipment shall

govern the final charges for the shipment. In addition to specific

rates and charges required to be filed pursuant to section one hundred

ninety-seven of this article, a common carrier of household goods may

also offer shippers a written binding estimate of the total

transportation charges for the transportation of household goods as

defined in paragraphs (a) and (b) of subdivision fifteen of section two

of this chapter. Provided, however, that if a carrier elects to offer

written binding estimates it must specifically state so in its tariff

and must make such option available on a nonpreferential basis to all

shippers as an alternative to the specific rates and charges detailed in

its tariff. The written binding estimate shall be in the form and

contain such information as the commissioner may prescribe by

regulation.