2010 New York Code
TRA - Transportation
Article 9 - (190 - 199) CARRIERS OF HOUSEHOLD GOODS BY MOTOR VEHICLE
196 - Rates and charges; common carriers of household goods.

§ 196. Rates  and  charges;  common carriers of household goods. 1. It
  shall be the  duty  of  every  common  carrier  of  household  goods  to
  establish,  observe  and  enforce just and reasonable rates, charges and
  classifications, and  just  and  reasonable  regulations  and  practices
  relating thereto.
    2.  Common  carriers of household goods by motor vehicle may establish
  through routes and joint rates, charges and classifications  with  other
  such  carriers  and  once  established  it shall be the duty of all such
  carrier  parties  to  establish  just  and  reasonable  rates,  charges,
  classifications,  regulations  and  practices and equitable divisions of
  revenue.
    3. All charges made for any service rendered, or to be rendered by any
  common carrier of household goods 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 of household  goods  to  make,  give  or
  cause   any  undue  or  unreasonable  preference  or  advantage  to  any
  particular  persons,  in  any  respect  whatsoever  or  to  subject  any
  particular  person,  area  or  description  of  traffic  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, charge or classification in effect or
  proposed to be put into effect by any common carrier of household  goods
  or  group  of common carriers of household goods by motor vehicle or any
  rule, regulation or practice whatsoever affecting such rate,  charge  or
  classification,  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,  charge  or  classification,  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  his  own
  initiative,   establish   through   routes  and  joint  rates,  charges,
  classifications,   regulations   or   practices,   applicable   to   the
  transportation of property by common carriers of household goods 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  determines  that  the
  divisions  of  joint rates, charges or classifications applicable to the
  transportation of household goods 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 investigations, or such other
  date subsequent as the commissioner finds justified and, in the case  of
  joint  rates, charges or classifications 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 rates, charges or
  classifications  of  a  common  carrier  of  household goods or group of
  common carriers of household goods,  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.

8. The commissioner may not investigate, suspend, revise or revoke any
  rate  or  charge  proposed  by  a  carrier if the proposed rate does not
  increase or reduce any existing rate or charge by more than ten  percent
  in  any  twelve-month  period.  This subdivision does not apply to rates
  that  are  proposed  through  the collective actions of the members of a
  rate conference.
    9. Any rate or charge that in any twelve-month period is increased  or
  reduced  by  more  than the percentage specified in subdivision eight of
  this section must be accompanied by such  financial,  statistical,  cost
  and  other  data  as  the  commissioner  may  prescribe by regulation to
  justify  such  change.  Any  such  rate  or   charge   is   subject   to
  investigation, suspension, revision or revocation.
    10.    Prior  to  entering into an agreement to render services, every
  common carrier of household goods  shall  inform  each  shipper  of  the
  availability  of  a  written  estimate  of the total cost of services if
  requested at least seventy-two hours in advance of an actual move. If so
  requested by a shipper, every common carrier of  household  goods  shall
  issue  to  each  shipper  an estimated total cost of services form which
  shall not serve as the actual contract  between  the  shipper  and  such
  carrier  but  shall be given as an educated prediction of the total cost
  for services to be rendered, except that  such  estimate  shall  not  be
  required for moves of household goods involving one room of four hundred
  square feet or less.  The estimate for all services provided shall be in
  writing  and  shall  be  fully  completed  in all respects, and shall be
  rendered  only  after  a  physical  examination  by  the  carrier.   The
  commissioner  shall  promulgate a sample estimated cost of services form
  and each carrier may adopt any form substantially similar  to  the  said
  form,  which  shall  also  include  a  statement,  in  bold  face  type,
  indicating that the tariff in effect at the time of the  shipment  shall
  govern  the  final  charges  for the shipment.   In addition to specific
  rates and charges required to be filed pursuant to section  one  hundred
  ninety-seven  of  this  article, a common carrier of household goods may
  also  offer  shippers  a  written  binding   estimate   of   the   total
  transportation  charges  for  the  transportation  of household goods as
  defined in paragraphs (a) and (b) of subdivision fifteen of section  two
  of  this  chapter.  Provided, however, that if a carrier elects to offer
  written binding estimates it must specifically state so  in  its  tariff
  and  must  make  such option available on a nonpreferential basis to all
  shippers as an alternative to the specific rates and charges detailed in
  its tariff. The written binding  estimate  shall  be  in  the  form  and
  contain   such   information   as  the  commissioner  may  prescribe  by
  regulation.