NY Transp L § 197 (2021)
2021 New York Laws TRA - Transportation Article 9 - Carriers of Household Goods by Motor Vehicle 197 - Tariff Requirements; Common Carriers of Household Goods.

§ 197. Tariff requirements; common carriers of household goods. 1.  No   common  carrier of household goods by motor vehicle shall engage in such   transportation unless the rates and charges of said  carrier  have  been   prescribed, or filed in accordance with the provisions of this article.2.  Whenever  an  applicable tariff has not already been prescribed by   the commissioner every  common  carrier  of  household  goods  by  motor   vehicle  shall  file with the commissioner and at all times keep open to   public  inspection  tariffs  showing  all  the  rates  and  charges  for   transportation, and all services in connection therewith, between points   on  its  own  route  and  points  on  the route of any other such common   carriers of household goods, or  on  the  routes  of  any  other  common   carrier  of  household  goods by motor vehicle, when a through route and   joint rate shall have been established. Such rates and charges shall  be   stated  in  terms  of  lawful  money  of  the United States. The tariffs   required by this section shall be published, filed and  posted  in  such   form  and  manner and shall contain such information as the commissioner   by regulation shall prescribe and  the  commissioner  is  authorized  to   reject  any tariff which is not in accordance with this article and with   such regulations. Any such tariff so rejected by the commissioner  shall   be void and its use shall be unlawful.3. No common carrier of household goods by motor vehicle shall charge,   demand,  collect  or receive a different compensation for transportation   or for any service in connection therewith between points enumerated  in   such  tariff  than  the  rates  and  charges specified in the tariffs in   effect at the time of shipment and no such common carrier  of  household   goods  shall refund or remit in any manner or by any device, directly or   indirectly, or through any agent or broker or otherwise, any portion  of   the  rates  or  charges  so  specified,  nor  extend  to  any person any   privilege for transportation except as is specified in its tariff.4. No change shall be made in any rate, charge or  classification,  or   the  value  of the service thereunder, specified in any effective tariff   of a common carrier of household goods, except after thirty days' notice   of the proposed change filed and posted in accordance with the rules and   regulations prescribed by the commissioner.  The  commissioner  may  for   good  cause  shown, allow such change upon less than thirty days' notice   or modify the requirements of this section with respect to  posting  and   filing  of  tariffs  either  in particular instances or by general order   applicable to special or particular circumstances or conditions.5. Except as provided for in subdivision eight of section one  hundred   ninety-six   of   this   article   the   commissioner  may  suspend  the   implementation of any proposed tariff change and defer the use  of  such   tariff  change  for  a  period  of  six  months. After investigation and   hearing the commissioner may allow the tariff change as proposed  or  he   may  issue  an  order  directing  the  carrier  to  cancel or modify the   proposed tariff change. Provided, however, that if  a  decision  is  not   rendered  within  the  six  month  suspension period the proposed tariff   change shall go into effect at the end of such suspension period. In any   hearing to determine the reasonableness  or  lawfulness  of  a  proposed   tariff  change  the  burden of proof shall be on the carrier or carriers   proposing the tariff change.