2006 New York Code - Tariff Requirements; Common Carriers.

 
    § 179. Tariff  requirements;  common carriers. 1. No common carrier of
  property by motor vehicle shall engage in such transportation unless the
  rates and charges of said carrier have  been  prescribed,  or  filed  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 property by motor vehicle shall
  file with the  commissioner  and  at  all  times  keep  open  to  public
  inspection tariffs showing all the rates 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 by motor vehicle, when a through
  route and joint rate shall have been established. Such rates 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  property  by  motor vehicle shall charge,
  demand, collect or receive a different compensation  for  transportation
  or  for any service in connection therewith between points enumerated in
  such tariff than the rates and  charges  specified  in  the  tariffs  in
  effect at the time of shipment 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  or  charges  so
  specified,  nor  extend  to  any person any privilege for transportation
  except as is specified in its tariff.
    4. No change shall be made in any rate, charge or  classification,  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 instances or by general order applicable to
  special or particular circumstances or conditions.
    5.  Except as provided for in subdivision eight of section one hundred
  seventy-eight  of  this  article,  the  commissioner  may  suspend   the
  implementation  of  any proposed tariff change and defer the use of such
  tariff change for a  period  of  six  months.  After  investigation  and
  hearing,  the commissioner may allow the tariff change as proposed or he
  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.