N.Y. TRA Law § 158 — New York Code / Act TRA / Article 7 / Section 158
Tariff requirements; common carriers
Status: in_force

§ 158. Tariff requirements; common carriers. 1. No common carrier of\npassengers shall engage in transportation unless the rates, fares and\ncharges of said carrier have been prescribed by the commissioner or\nfiled by the carrier in accordance with the provisions of this article.\n  2. Whenever an applicable tariff has not already been prescribed by\nthe commissioner, every common carrier of passengers shall file with the\ncommissioner and at all times keep open to public inspection tariffs\nshowing all the rates, fares and charges for transportation, and all\nservices in connection therewith, between points on its own route and\npoints on the route of any other such carrier, or on the routes of any\nother common carrier when a through route has been established. Such\nrates, fares and charges shall be stated in terms of lawful money of the\nUnited States. The tariffs required by this section shall be published,\nfiled and posted in such form and manner and shall contain such\ninformation as the commissioner by regulation shall prescribe, and the\ncommissioner is authorized to reject any tariff which is not in\naccordance with this article and with such regulations. Any such tariff\nso rejected by the commissioner shall be void and its use shall be\nunlawful.\n  3. No common carrier of passengers shall charge, demand, collect or\nreceive different compensation for transportation or for any service in\nconnection therewith between the points enumerated in such tariff than\nthe rates, fares and charges specified in the tariffs in effect at the\ntime and no such carrier shall refund or remit in any manner or by any\ndevice, directly or indirectly, or through any agent or broker or\notherwise, any portion of the rates, fares or charges so specified, or\nextend to any person any privilege for transportation except as is\nspecified in its tariff.\n  4. No change shall be made in any rate, fare or charge, or the value\nof the service thereunder, specified in any effective tariff of a common\ncarrier, except after thirty days' notice of the proposed change filed\nand posted in accordance with the rules and regulations prescribed by\nthe commissioner. The commissioner may, for good cause shown, allow such\nchange upon less than thirty days' notice or modify the requirements of\nthis section with respect to posting and filing of tariffs either in\nparticular circumstances or by general order applicable to special or\nparticular circumstances or conditions.\n  5. Whenever a change is proposed in the tariff of any common carrier\nof passengers, the commissioner may suspend the implementation of such\ntariff change and defer the use of such tariff for a period of six\nmonths. After investigation and hearing the commissioner may allow the\ntariff change as proposed or may issue an order directing the carrier to\ncancel or modify the proposed tariff change. Provided, however, that if\na decision is not rendered within the six month suspension period the\nproposed tariff change shall go into effect at the end of such\nsuspension period. In any hearing to determine the reasonableness or\nlawfulness of a proposed tariff change the burden of proof shall be on\nthe carrier or carriers proposing the tariff change.\n