N.Y. TRA Law § 179 — New York Code / Act TRA / Article 8 / Section 179
Tariff requirements; common carriers
Status: in_force

§ 179. Tariff requirements; common carriers. 1. No common carrier of\nproperty by motor vehicle shall engage in such transportation unless the\nrates and charges of said carrier have been prescribed, or filed in\naccordance with the provisions of this article.\n  2. Whenever an applicable tariff has not already been prescribed by\nthe commissioner every common carrier of property by motor vehicle shall\nfile with the commissioner and at all times keep open to public\ninspection tariffs showing all the rates and charges for transportation,\nand all services in connection therewith, between points on its own\nroute and points on the route of any other such carrier, or on the\nroutes of any other common carrier by motor vehicle, when a through\nroute and joint rate shall have been established. Such rates and charges\nshall be stated in terms of lawful money of the United States. The\ntariffs required by this section shall be published, filed and posted in\nsuch form and manner and shall contain such information as the\ncommissioner by regulation shall prescribe and the commissioner is\nauthorized to reject any tariff which is not in accordance with this\narticle and with such regulations. Any such tariff so rejected by the\ncommissioner shall be void and its use shall be unlawful.\n  3. No common carrier of property by motor vehicle shall charge,\ndemand, collect or receive a different compensation for transportation\nor for any service in connection therewith between points enumerated in\nsuch tariff than the rates and charges specified in the tariffs in\neffect at the time of shipment and no such carrier shall refund or remit\nin any manner or by any device, directly or indirectly, or through any\nagent or broker or otherwise, any portion of the rates or charges so\nspecified, nor extend to any person any privilege for transportation\nexcept as is specified in its tariff.\n  4. No change shall be made in any rate, charge or classification, or\nthe value of the service thereunder, specified in any effective tariff\nof a common carrier, except after thirty days' notice of the proposed\nchange filed and posted in accordance with the rules and regulations\nprescribed by the commissioner. The commissioner may for good cause\nshown, allow such change upon less than thirty days' notice or modify\nthe requirements of this section with respect to posting and filing of\ntariffs either in particular instances or by general order applicable to\nspecial or particular circumstances or conditions.\n  5. Except as provided for in subdivision eight of section one hundred\nseventy-eight of this article, the commissioner may suspend the\nimplementation of any proposed tariff change and defer the use of such\ntariff change for a period of six months. After investigation and\nhearing, the commissioner may allow the tariff change as proposed or he\nmay issue an order directing the carrier to cancel or modify the\nproposed tariff change. Provided, however, that if a decision is not\nrendered within the six month suspension period the proposed tariff\nchange shall go into effect at the end of such suspension period. In any\nhearing to determine the reasonableness or lawfulness of a proposed\ntariff change the burden of proof shall be on the carrier or carriers\nproposing the tariff change.\n