2010 New York Code
TRA - Transportation
Article 4 - (95 - 112) PROVISIONS RELATING TO COMMON CARRIERS
103 - Transportation prohibited until publication of schedules; rates as fixed to be charged; passes prohibited.

§ 103. Transportation prohibited until publication of schedules; rates
  as  fixed to be charged; passes prohibited. 1. No common carrier subject
  to the provisions of this chapter shall engage  or  participate  in  the
  transportation  of  passengers  or  property,  between points within the
  state, until its schedules of rates, fares and charges shall  have  been
  filed  and  published in accordance with the provisions of this chapter.
  No common carrier shall charge, demand, collect or receive a greater  or
  less  or  different  compensation  for  transportation  of passengers or
  property, or for any service in connection therewith,  than  the  rates,
  fares  and charges applicable to such transportation as specified in its
  schedules filed and in effect at the time; nor shall  any  such  carrier
  refund or remit in any manner or by any device any portion of the rates,
  fares,  or charges so specified, nor extend to any shipper or person any
  privileges or facilities in the transportation of passengers or property
  except such as are regularly and uniformly extended to all  persons  and
  corporations under like circumstances.
    2.  No common carrier subject to the provisions of this chapter shall,
  directly or indirectly, issue or give any free ticket, free pass or free
  transportation for passengers or property  between  points  within  this
  state,  except to its officers, employees, agents, surgeons, physicians,
  attorneys-at-law, and their families; to ministers of religion, officers
  and employees of railroad young men's christian associations, inmates of
  hospitals,  charitable  and  eleemosynary   institutions   and   persons
  exclusively   engaged  in  charitable  and  eleemosynary  work;  and  to
  indigent, destitute and  homeless  persons  and  to  such  persons  when
  transported  by  charitable  societies  or  hospitals, and the necessary
  agents employed in such transportation; to inmates of the national homes
  or state homes for disabled volunteer  soldiers  and  of  soldiers'  and
  sailors'  homes, including those about to enter and those returning home
  after discharge, and boards of managers  of  such  homes;  to  necessary
  caretakers   of  property  in  transit;  to  employees  of  sleeping-car
  companies, express companies, telegraph and  telephone  companies  doing
  business  along the line of the issuing carrier; to railway mail service
  employees, post-office inspectors, mail  carriers  in  uniform,  customs
  inspectors  and immigration inspectors; to newspaper carriers on trains,
  baggage  agents,  witnesses  attending  any   legal   investigation   or
  proceeding in which the common carrier is interested, persons injured in
  accidents or wrecks and physicians and nurses attending such persons; to
  the  carriage  free  or  at reduced rates of persons or property for the
  United States, state or municipal governments, or of property to or from
  fairs and expositions for exhibit thereat.
    3. Nothing  in  this  chapter  shall  be  construed  to  prohibit  the
  interchange of free or reduced transportation between common carriers of
  or for their officers, agents, employees, attorneys, surgeons, and their
  families,  and  their household and personal effects nor to prohibit any
  common carrier from carrying  passengers  or  property  free,  with  the
  object  of  providing relief in cases of general epidemic, pestilence or
  other calamitous visitation; not to prohibit  any  common  carrier  from
  transporting  persons  or  property  as  incident  to  or connected with
  contracts for construction, operation or maintenance, and to the  extent
  only  that  such free transportation is provided for in the contract for
  such work, nor to prevent any common carrier from transporting  children
  under  five  years  of  age free. Provided further, that nothing in this
  chapter shall prevent the issuance  of  mileage,  excursion,  school  or
  family commutation, commutation passenger tickets, half fare tickets for
  the  transportation  of  children under twelve years of age, any form of
  reduced  rate  passenger  tickets  for  persons  attending  schools   or
  educational  institutions  pursuant  to  title  two of the "Servicemen's

Readjustment Act of 1944," or any other form of reduced  rate  passenger
  tickets,   or   joint  interchangeable  mileage  tickets,  with  special
  privileges as to the amount of free baggage that may  be  carried  under
  mileage  tickets  of  one  thousand miles or more. But before any common
  carrier subject to the provisions of this chapter shall issue  any  such
  mileage,  excursion,  school  or  family  commutation, commutation, half
  fare, or any other form of reduced  rate  passenger  tickets,  or  joint
  interchangeable mileage ticket, with special privileges as aforesaid, it
  shall  file  with the commissioner copies of the tariffs of rates, fares
  or charges on which such tickets are to  be  based,  together  with  the
  specifications  of  the  amount  of free baggage permitted to be carried
  under such joint interchangeable mileage ticket, in the same  manner  as
  common  carriers  are  required to do with regard to other rates by this
  chapter. Nor shall anything in this  chapter  prevent  the  issuance  of
  passenger transportation in exchange for advertising space in newspapers
  at  full  rates.  The  term  "employees" as used in subdivisions two and
  three, when referring to employees of a common  carrier,  shall  include
  furloughed,  pensioned  and  superannuated  employees,  persons who have
  become disabled or infirm in the service of any such common carrier, and
  the remains of a person killed  in  the  employment  of  a  carrier  and
  ex-employees  traveling  for  the purpose of entering the service of any
  such  common  carrier;  and  the  term  "families"  as  used   in   such
  subdivisions  shall  include the families of those persons named in this
  proviso, also the families of persons killed, and the unremarried  widow
  or widower and minor children during minority of persons who died, while
  in the service of such common carrier.
    4.  Nothing  in  this  section  or in any other provision of law shall
  limit the power of the commissioner to require the  sale  of,  and  upon
  investigation  prescribe  reasonable and just fares as the maximum to be
  charged for, commutation, school or family commutation, mileage  tickets
  over  railroads  or  street  railroads,  joint  interchangeable  mileage
  tickets, round trip excursion tickets, or any other form of reduced rate
  passenger tickets over such railroads  or  street  railroads,  including
  cummutation, mileage, school tickets or any form of reduced rate tickets
  issued to persons attending schools or educational institutions pursuant
  to  title  two  of the "Servicemen's Readjustment Act of 1944"; provided
  that all special round trip excursion tickets,  the  sale  of  which  is
  limited to less than thirty days, except round trip excursion tickets to
  the  state  fair  and return during the holding thereof, shall be deemed
  exempt from such regulation by the commissioner.