2006 New York Code - Tariff Requirements; Common Carriers Of Household Goods.

 
    § 197. Tariff requirements; common carriers of household goods. 1.  No
  common  carrier of household goods 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  household  goods  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 common
  carriers of household goods, or  on  the  routes  of  any  other  common
  carrier  of  household  goods 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 household goods 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 common carrier  of  household
  goods  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 of household goods, 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
  ninety-six   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.