Section 158. Tariff requirements; common carriers  


Latest version.
  • 1. No common carrier of
      passengers shall engage in transportation unless the  rates,  fares  and
      charges  of  said  carrier  have  been prescribed by the commissioner or
      filed by the carrier 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 passengers shall file with the
      commissioner  and  at  all  times keep open to public inspection tariffs
      showing all the rates, fares 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  when  a through route has been established. Such
      rates, fares 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 passengers shall charge,  demand,  collect  or
      receive  different compensation for transportation or for any service in
      connection therewith between the points enumerated in such  tariff  than
      the  rates,  fares and charges specified in the tariffs in effect at the
      time 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, fares or charges so  specified,  or
      extend  to  any  person  any  privilege  for transportation except as is
      specified in its tariff.
        4. No change shall be made in any rate, fare or charge, 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  circumstances  or  by general order applicable to special or
      particular circumstances or conditions.
        5. Whenever a change is proposed in the tariff of any  common  carrier
      of  passengers,  the commissioner may suspend the implementation of such
      tariff change and defer the use of such  tariff  for  a  period  of  six
      months.  After  investigation and hearing the commissioner may allow the
      tariff change as proposed or 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.