NY Transp L § 142 (2021)
2021 New York Laws TRA - Transportation Article 6 - Matters Relating to All Motor Carriers 142 - Rate Bureau Regulation.

§ 142. Rate  bureau  regulation.  1.  For  the  purpose of achieving a   stable rate structure through regulated  competition,  the  commissioner   shall  establish  rules  and  regulations  with  respect  to  collective   ratemaking procedures for all motor carrier transportation services over   which the commissioner has jurisdiction. Any common carrier of  property   or passengers by motor vehicle subject to regulation by the commissioner   and party to an agreement between or among two or more carriers relating   to  rates,  fares,  classifications,  divisions,  allowances or charges,   including charges between carriers and compensation paid or received for   the use of facilities and equipment, or rules and regulations pertaining   thereto, or  procedures  for  the  joint  consideration,  initiation  or   establishment  thereof,  may,  under  such  rules and regulations as the   commissioner may prescribe, apply to the commissioner  for  approval  of   the  agreement,  and  the  commissioner  shall by order approve any such   agreement if it is found that, by reason of  the  transportation  policy   declared in section one hundred thirty-seven of this article, the relief   provided  in subdivision seven of this section should apply with respect   to the  making  and  carrying  out  of  such  agreement;  otherwise  the   application  shall  be denied. The approval of the commissioner shall be   granted only upon such terms and  conditions  as  the  commissioner  may   prescribe as necessary to carry out the purposes of this article.2.   Each   conference,   bureau,   committee  or  other  organization   established or continued pursuant to any such agreement approved by  the   commissioner  under  this section shall maintain such accounts, records,   files  and  memoranda  and  shall  submit  to  the   commissioner   such   information and reports as may be prescribed by the commissioner and all   such  accounts,  records,  files  and  memoranda  shall  be  subject  to   inspection by the commissioner or department representatives.3. The commissioner shall not approve any such agreement which  is  an   agreement  with respect to a pooling or division of traffic, or service,   or of gross or net earnings, or of any portion thereof.4. The commissioner shall not approve under this section any agreement   which establishes a  procedure  for  the  determination  of  any  matter   through  joint consideration unless it is found that under the agreement   there is accorded to each party the free and unrestrained right to  take   independent  action  either before or after any determination arrived at   through such procedure.5.  The  commissioner  is  authorized,  upon  complaint  or  upon  the   commissioner's   initiative   without   complaint,  to  investigate  and   determine whether any such  agreement  previously  approved  under  this   section,  or  terms and conditions upon which such approval was granted,   is not or are not,  in  conformity  with  the  standards  set  forth  in   subdivision  one  of  this  section,  or  whether  any  such  terms  and   conditions are unnecessary for the  purposes  of  conformity  with  such   standards,  and, after such investigation, the commissioner may by order   terminate or modify any approval of such agreement, or modify the  terms   and  conditions  of such approval, if such action is necessary to assure   conformity  with  such  standards.  The  effective  date  of  any  order   terminating  or  modifying  approval, or modifying terms and conditions,   shall be postponed for such period as the commissioner determines to  be   reasonably necessary to avoid undue hardships.6.  No  order  shall  be  entered  under  this  section  except  after   interested parties have been afforded reasonable notice and  opportunity   to be heard.7.  Parties  to  any such agreement approved by the commissioner under   this section and other parties are hereby relieved from the operation of   section three hundred forty of the general business law with respect  to   the  making  of  such agreement, and with respect to the carrying out of    such agreement in conformity with the terms and conditions prescribed by   the commissioner.8.  Rate  conferences,  by  regulating collective ratemaking under the   supervision of the department, have  established  a  system  of  pricing   actively  supervised by the department which fosters competition through   approved  rate  levels  and  the  right  of  independent  action   while   furnishing a responsible transportation service to the public. Continued   departmental  supervision  of  proposed rate filings by such conferences   will continue to yield advantageous transportation rates which, although   they may tend  to  displace  competition  in  the  classical  sense,  in   actuality  foster  responsible, competitive motor carrier transportation   service to the  public,  while  concurrently  developing  and  approving   competitive  rate  levels  among  motor  carriers  in furtherance of the   transportation policy contained in section one hundred  thirty-seven  of   this  chapter. The dangers inherent in a consumer's selection of a motor   carrier on the basis of price alone will also be discouraged.