Section 178. Rates and charges; common carriers  


Latest version.
  • 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.