N.Y. TRA Law § 159 — New York Code / Act TRA / Article 7 / Section 159
Complaints as to rates, fares and service
Status: in_force

§ 159. Complaints as to rates, fares and service. 1. Upon the\ncomplaint in writing of the county executive or board of supervisors of\na county, the mayor of a city, the trustees or mayor of a village or the\ntown board of a town in which a common carrier of passengers by motor\nvehicle is authorized to operate, or upon the complaint in writing of\nnot less than twenty-five persons in any such municipality, or upon\ncomplaint of a common carrier of passengers by motor vehicle supplying\nsuch service, as to the rates, fares or charges demanded, received or\ncollected, or as to the methods employed in furnishing such service or\nas to the amount of service furnished or as to extension of a route or\nroutes, the commissioner or a representative of the commissioner may\ninspect the property, equipment and appliances and methods used by such\ncommon carrier of passengers by motor vehicle in furnishing such\nservice, and may cause an investigation as to the necessity of any\nproposed extensions, and may examine or cause to be examined the books\nand papers of such common carrier of passengers by motor vehicle\npertaining to such service in such municipality. The form and contents\nof complaints made as provided in this section shall be prescribed by\nthe commissioner. Such complaints shall be signed by the officers, or by\nthe persons making them, who must add to their signatures their places\nof residence, by street and number, if any.\n  2. Before proceeding under a complaint presented as provided in\nsubdivision one of this section, the commissioner shall cause notice of\nsuch complaint, and the purpose thereof, to be served upon the common\ncarrier of passengers by motor vehicle affected thereby. Such common\ncarrier of passengers by motor vehicle shall have an opportunity to be\nheard in respect to the matters complained of at a time and place to be\nspecified in such notice. An investigation may be instituted by the\ncommissioner as to any matter of which complaint may be made, as\nprovided in subdivision one of this section, or to ascertain the facts\nrequisite to the exercise of any powers. After a hearing and after such\nan investigation as shall have been made, the commissioner may, by\norder, fix the just and reasonable rates, fares and charges to be\ncharged by the common carrier of passengers by motor vehicle for the\nservice to be furnished and the amount of service furnished, and may\norder such extension of an existing route or routes as is deemed\nnecessary, and may order such improvement in such service, or in the\nmethods employed by such common carrier of passengers by motor vehicle\nas will be adequate, just and reasonable.  Any change in rates, fares,\ncharges, routes or amount of service shall be upon such terms,\nconditions or safeguards as the commissioner may prescribe. If it shall\nbe made to appear to the satisfaction of the commissioner that the\npublic interest requires a change in rates, fares, charges, routes or\nservice or that such change is necessary for the purpose of providing\nadequate and efficient service, or for the preservation of the property,\nthe commissioner, upon such terms, conditions or safeguards as are\ndeemed proper, may authorize an immediate, reasonable, temporary\nincrease or decrease in such rates, fares, charges, routes or service\npending a final determination of the rates, fares, charges, routes and\nservice to be thereafter charged by such common carrier of passengers by\nmotor vehicle. The terms, conditions or safeguards prescribed may\ninclude provisions for the purposes for which the additional revenue\nderived from any such temporary increase may be expended and for the\nimpounding thereof until the same shall be applied to the purposes so\nspecified. The rate or fare fixed by the commissioner under this section\nshall be the rate or fare to be charged by such common carrier of\npassengers by motor vehicle for the service to be furnished until the\ncommissioner shall fix in the manner heretofore described a higher or\nlower rate or fare to be thereafter charged. In determining the rates\nand fares to be charged or the service to be furnished or the necessity\nof extension of an existing route or routes, the commissioner may\nconsider all facts which have any bearing upon a proper determination of\nthe question although not set forth in the complaint and not within the\nallegations contained therein, with due regard among other things to\nrevenue levels that are necessary and adequate under efficient\nmanagement to cover total operating expenses plus a reasonable profit.\nAt any hearing involving a rate, the burden of proof to show that the\nchange in rate or fare if proposed by the common carrier of passengers\nby motor vehicle, or that the existing rate or fare, if on motion of the\ncommissioner or in a complaint filed with the commissioner it is\nproposed to reduce the rate or fare, is just and reasonable shall be\nupon the common carrier of passengers by motor vehicle and the\ncommissioner may give to the hearing and decision of such questions\npreference over all other questions pending and decide the same as\nspeedily as possible.\n