2006 New York Code - Rates, Fares And Charges; Common Carriers.

 
    § 157. Rates,  fares  and charges; common carriers. 1. It shall be the
  duty of every common carrier of passengers  to  establish,  observe  and
  enforce  just  and  reasonable  rates,  fares  and charges, and just and
  reasonable regulations and practices relating thereto.
    2. Common carriers  of  passengers  by  motor  vehicle  may  establish
  through  routes  and  joint  rates,  fares  and  charges with other such
  carriers and once established it shall be the duty of all  such  carrier
  parties   to  establish  just  and  reasonable  rates,  fares,  charges,
  regulations and practices and equitable divisions of revenue.
    3. All such charges made for any service rendered, or to  be  rendered
  by  any common carrier of passengers 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 person 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, fare or charge in effect or proposed
  to be put into effect by any common carrier or group of common  carriers
  of  passengers  by  motor  vehicle  or  any rule, regulation or practice
  whatsoever affecting such rate, fare or  charge  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, fare or
  charge, 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  the
  commissioner's own initiative, establish through routes and joint rates,
  fares,   charges,   regulations   or   practices,   applicable   to  the
  transportation of passengers  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 shall determine that the
  divisions  of  joint  rates,  fares  or  charges   applicable   to   the
  transportation  of  passengers 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 or fares 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  rate  or  fare
  levels for a common carrier of passengers or group of common carriers of
  passengers,  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.