2006 New York Code - Complaints As To Rates, Fares And Service

 
    § 159. Complaints  as  to  rates,  fares  and  service.  1.  Upon  the
  complaint in writing of the county executive or board of supervisors  of
  a county, the mayor of a city, the trustees or mayor of a village or the
  town  board  of  a town in which a common carrier of passengers by motor
  vehicle is authorized to operate, or upon the complaint  in  writing  of
  not  less  than  twenty-five  persons  in any such municipality, or upon
  complaint of a common carrier of passengers by motor  vehicle  supplying
  such  service,  as  to the rates, fares or charges demanded, received or
  collected, or as to the methods employed in furnishing such  service  or
  as  to  the amount of service furnished or as to extension of a route or
  routes, the commissioner or a representative  of  the  commissioner  may
  inspect  the property, equipment and appliances and methods used by such
  common carrier  of  passengers  by  motor  vehicle  in  furnishing  such
  service,  and  may  cause  an  investigation  as to the necessity of any
  proposed extensions, and may examine or cause to be examined  the  books
  and  papers  of  such  common  carrier  of  passengers  by motor vehicle
  pertaining to such service in such municipality. The form  and  contents
  of  complaints  made  as provided in this section shall be prescribed by
  the commissioner. Such complaints shall be signed by the officers, or by
  the persons making them, who must add to their signatures  their  places
  of residence, by street and number, if any.
    2.  Before  proceeding  under  a  complaint  presented  as provided in
  subdivision one of this section, the commissioner shall cause notice  of
  such  complaint,  and  the purpose thereof, to be served upon the common
  carrier of passengers by motor vehicle  affected  thereby.  Such  common
  carrier  of  passengers by motor vehicle shall have an opportunity to be
  heard in respect to the matters complained of at a time and place to  be
  specified  in  such  notice.  An  investigation may be instituted by the
  commissioner as to any  matter  of  which  complaint  may  be  made,  as
  provided  in  subdivision one of this section, or to ascertain the facts
  requisite to the exercise of any powers. After a hearing and after  such
  an  investigation  as  shall  have  been  made, the commissioner may, by
  order, fix the just and  reasonable  rates,  fares  and  charges  to  be
  charged  by  the  common  carrier of passengers by motor vehicle for the
  service to be furnished and the amount of  service  furnished,  and  may
  order  such  extension  of  an  existing  route  or  routes as is deemed
  necessary, and may order such improvement in such  service,  or  in  the
  methods  employed  by such common carrier of passengers by motor vehicle
  as will be adequate, just and reasonable.  Any change in  rates,  fares,
  charges,  routes  or  amount  of  service  shall  be  upon  such  terms,
  conditions or safeguards as the commissioner may prescribe. If it  shall
  be  made  to  appear  to  the  satisfaction of the commissioner that the
  public interest requires a change in rates, fares,  charges,  routes  or
  service  or  that  such change is necessary for the purpose of providing
  adequate and efficient service, or for the preservation of the property,
  the commissioner, upon such  terms,  conditions  or  safeguards  as  are
  deemed   proper,  may  authorize  an  immediate,  reasonable,  temporary
  increase or decrease in such rates, fares, charges,  routes  or  service
  pending  a  final determination of the rates, fares, charges, routes and
  service to be thereafter charged by such common carrier of passengers by
  motor vehicle.  The  terms,  conditions  or  safeguards  prescribed  may
  include  provisions  for  the  purposes for which the additional revenue
  derived from any such temporary increase may be  expended  and  for  the
  impounding  thereof  until  the same shall be applied to the purposes so
  specified. The rate or fare fixed by the commissioner under this section
  shall be the rate or fare to  be  charged  by  such  common  carrier  of
  passengers  by  motor  vehicle for the service to be furnished until the
  commissioner shall fix in the manner heretofore described  a  higher  or
  lower  rate  or  fare to be thereafter charged. In determining the rates
  and fares to be charged or the service to be furnished or the  necessity
  of  extension  of  an  existing  route  or  routes, the commissioner may
  consider all facts which have any bearing upon a proper determination of
  the  question although not set forth in the complaint and not within the
  allegations contained therein, with due regard  among  other  things  to
  revenue   levels   that  are  necessary  and  adequate  under  efficient
  management to cover total operating expenses plus a  reasonable  profit.
  At  any  hearing  involving a rate, the burden of proof to show that the
  change in rate or fare if proposed by the common carrier  of  passengers
  by motor vehicle, or that the existing rate or fare, if on motion of the
  commissioner  or  in  a  complaint  filed  with  the  commissioner it is
  proposed to reduce the rate or fare, is just  and  reasonable  shall  be
  upon  the  common  carrier  of  passengers  by  motor  vehicle  and  the
  commissioner may give to the hearing  and  decision  of  such  questions
  preference  over  all  other  questions  pending  and decide the same as
  speedily as possible.