Legislation
SECTION 178
Rates and charges; common carriers
Transportation (TRA) CHAPTER 61-A, ARTICLE 8
§ 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.
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.