NY Transp L § 159 (2021)
2021 New York Laws TRA - Transportation Article 7 - Carriers of Passengers by Motor Vehicles 159 - Complaints as to Rates, Fares and Service.

§ 159. Complaints  as  to  rates,  fares  and  service.  1.  Upon  the   complaint in writing of the county executive or board of supervisors  of   a county, the mayor of a city, the trustees or mayor of a village or the   town  board  of  a town in which a common carrier of passengers by motor   vehicle is authorized to operate, or upon the complaint  in  writing  of   not  less  than  twenty-five  persons  in any such municipality, or upon   complaint of a common carrier of passengers by motor  vehicle  supplying   such  service,  as  to the rates, fares or charges demanded, received or   collected, or as to the methods employed in furnishing such  service  or   as  to  the amount of service furnished or as to extension of a route or   routes, the commissioner or a representative  of  the  commissioner  may   inspect  the property, equipment and appliances and methods used by such   common carrier  of  passengers  by  motor  vehicle  in  furnishing  such   service,  and  may  cause  an  investigation  as to the necessity of any   proposed extensions, and may examine or cause to be examined  the  books   and  papers  of  such  common  carrier  of  passengers  by motor vehicle   pertaining to such service in such municipality. The form  and  contents   of  complaints  made  as provided in this section shall be prescribed by   the commissioner. Such complaints shall be signed by the officers, or by   the persons making them, who must add to their signatures  their  places   of residence, by street and number, if any.2.  Before  proceeding  under  a  complaint  presented  as provided in   subdivision one of this section, the commissioner shall cause notice  of   such  complaint,  and  the purpose thereof, to be served upon the common   carrier of passengers by motor vehicle  affected  thereby.  Such  common   carrier  of  passengers by motor vehicle shall have an opportunity to be   heard in respect to the matters complained of at a time and place to  be   specified  in  such  notice.  An  investigation may be instituted by the   commissioner as to any  matter  of  which  complaint  may  be  made,  as   provided  in  subdivision one of this section, or to ascertain the facts   requisite to the exercise of any powers. After a hearing and after  such   an  investigation  as  shall  have  been  made, the commissioner may, by   order, fix the just and  reasonable  rates,  fares  and  charges  to  be   charged  by  the  common  carrier of passengers by motor vehicle for the   service to be furnished and the amount of  service  furnished,  and  may   order  such  extension  of  an  existing  route  or  routes as is deemed   necessary, and may order such improvement in such  service,  or  in  the   methods  employed  by such common carrier of passengers by motor vehicle   as will be adequate, just and reasonable.  Any change in  rates,  fares,   charges,  routes  or  amount  of  service  shall  be  upon  such  terms,   conditions or safeguards as the commissioner may prescribe. If it  shall   be  made  to  appear  to  the  satisfaction of the commissioner that the   public interest requires a change in rates, fares,  charges,  routes  or   service  or  that  such change is necessary for the purpose of providing   adequate and efficient service, or for the preservation of the property,   the commissioner, upon such  terms,  conditions  or  safeguards  as  are   deemed   proper,  may  authorize  an  immediate,  reasonable,  temporary   increase or decrease in such rates, fares, charges,  routes  or  service   pending  a  final determination of the rates, fares, charges, routes and   service to be thereafter charged by such common carrier of passengers by   motor vehicle.  The  terms,  conditions  or  safeguards  prescribed  may   include  provisions  for  the  purposes for which the additional revenue   derived from any such temporary increase may be  expended  and  for  the   impounding  thereof  until  the same shall be applied to the purposes so   specified. The rate or fare fixed by the commissioner under this section   shall be the rate or fare to  be  charged  by  such  common  carrier  of   passengers  by  motor  vehicle for the service to be furnished until the   commissioner shall fix in the manner heretofore described  a  higher  or    lower  rate  or  fare to be thereafter charged. In determining the rates   and fares to be charged or the service to be furnished or the  necessity   of  extension  of  an  existing  route  or  routes, the commissioner may   consider all facts which have any bearing upon a proper determination of   the  question although not set forth in the complaint and not within the   allegations contained therein, with due regard  among  other  things  to   revenue   levels   that  are  necessary  and  adequate  under  efficient   management to cover total operating expenses plus a  reasonable  profit.   At  any  hearing  involving a rate, the burden of proof to show that the   change in rate or fare if proposed by the common carrier  of  passengers   by motor vehicle, or that the existing rate or fare, if on motion of the   commissioner  or  in  a  complaint  filed  with  the  commissioner it is   proposed to reduce the rate or fare, is just  and  reasonable  shall  be   upon  the  common  carrier  of  passengers  by  motor  vehicle  and  the   commissioner may give to the hearing  and  decision  of  such  questions   preference  over  all  other  questions  pending  and decide the same as   speedily as possible.