N.Y. Transportation Law § 197: Tariff requirements; common carriers of household goods

§ 197. Tariff requirements; common carriers of household goods. 1. No

common carrier of household goods 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 household goods 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 common

carriers of household goods, or on the routes of any other common

carrier of household goods 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 household goods 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 common carrier of household

goods 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 of household goods, 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

ninety-six 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.