§ 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.