NY Transp L § 103 (2021)
2021 New York Laws TRA - Transportation Article 4 - Provisions Relating to Common Carriers 103 - Transportation Prohibited Until Publication of Schedules; Rates as Fixed to Be Charged; Passes Prohibited.

§ 103. Transportation prohibited until publication of schedules; rates   as  fixed to be charged; passes prohibited. 1. No common carrier subject   to the provisions of this chapter shall engage  or  participate  in  the   transportation  of  passengers  or  property,  between points within the   state, until its schedules of rates, fares and charges shall  have  been   filed  and  published in accordance with the provisions of this chapter.   No common carrier shall charge, demand, collect or receive a greater  or   less  or  different  compensation  for  transportation  of passengers or   property, or for any service in connection therewith,  than  the  rates,   fares  and charges applicable to such transportation as specified in its   schedules filed and in effect at the time; nor shall  any  such  carrier   refund or remit in any manner or by any device any portion of the rates,   fares,  or charges so specified, nor extend to any shipper or person any   privileges or facilities in the transportation of passengers or property   except such as are regularly and uniformly extended to all  persons  and   corporations under like circumstances.2.  No common carrier subject to the provisions of this chapter shall,   directly or indirectly, issue or give any free ticket, free pass or free   transportation for passengers or property  between  points  within  this   state,  except to its officers, employees, agents, surgeons, physicians,   attorneys-at-law, and their families; to ministers of religion, officers   and  employees  of  railroad   young   men's   christian   associations,   incarcerated  individuals  of  hospitals,  charitable  and  eleemosynary   institutions  and  persons  exclusively  engaged   in   charitable   and   eleemosynary  work;  and to indigent, destitute and homeless persons and   to such persons when transported by charitable societies  or  hospitals,   and   the   necessary   agents   employed  in  such  transportation;  to   incarcerated individuals of  the  national  homes  or  state  homes  for   disabled  volunteer  soldiers  and  of  soldiers'  and  sailors'  homes,   including those about to enter and those returning home after discharge,   and boards of  managers  of  such  homes;  to  necessary  caretakers  of   property  in  transit;  to  employees of sleeping-car companies, express   companies, telegraph and telephone companies doing  business  along  the   line  of  the  issuing  carrier;  to  railway  mail  service  employees,   post-office inspectors, mail carriers in uniform, customs inspectors and   immigration inspectors; to newspaper carriers on trains, baggage agents,   witnesses attending any legal investigation or proceeding in  which  the   common carrier is interested, persons injured in accidents or wrecks and   physicians and nurses attending such persons; to the carriage free or at   reduced  rates  of  persons  or property for the United States, state or   municipal governments, or of property to or from fairs  and  expositions   for exhibit thereat.3.  Nothing  in  this  chapter  shall  be  construed  to  prohibit the   interchange of free or reduced transportation between common carriers of   or for their officers, agents, employees, attorneys, surgeons, and their   families, and their household and personal effects nor to  prohibit  any   common  carrier  from  carrying  passengers  or  property free, with the   object of providing relief in cases of general epidemic,  pestilence  or   other  calamitous  visitation;  not  to prohibit any common carrier from   transporting persons or  property  as  incident  to  or  connected  with   contracts  for construction, operation or maintenance, and to the extent   only that such free transportation is provided for in the  contract  for   such  work, nor to prevent any common carrier from transporting children   under five years of age free. Provided further,  that  nothing  in  this   chapter  shall  prevent  the  issuance  of mileage, excursion, school or   family commutation, commutation passenger tickets, half fare tickets for   the transportation of children under twelve years of age,  any  form  of   reduced   rate  passenger  tickets  for  persons  attending  schools  or    educational institutions pursuant to  title  two  of  the  "Servicemen's   Readjustment  Act  of 1944," or any other form of reduced rate passenger   tickets,  or  joint  interchangeable  mileage  tickets,   with   special   privileges  as  to  the amount of free baggage that may be carried under   mileage tickets of one thousand miles or more.  But  before  any  common   carrier  subject  to the provisions of this chapter shall issue any such   mileage, excursion, school  or  family  commutation,  commutation,  half   fare,  or  any  other  form  of reduced rate passenger tickets, or joint   interchangeable mileage ticket, with special privileges as aforesaid, it   shall file with the commissioner copies of the tariffs of  rates,  fares   or  charges  on  which  such  tickets are to be based, together with the   specifications of the amount of free baggage  permitted  to  be  carried   under  such  joint interchangeable mileage ticket, in the same manner as   common carriers are required to do with regard to other  rates  by  this   chapter.  Nor  shall  anything  in  this chapter prevent the issuance of   passenger transportation in exchange for advertising space in newspapers   at full rates. The term "employees" as  used  in  subdivisions  two  and   three,  when  referring  to employees of a common carrier, shall include   furloughed, pensioned and  superannuated  employees,  persons  who  have   become disabled or infirm in the service of any such common carrier, and   the  remains  of  a  person  killed  in  the employment of a carrier and   ex-employees traveling for the purpose of entering the  service  of  any   such   common   carrier;  and  the  term  "families"  as  used  in  such   subdivisions shall include the families of those persons named  in  this   proviso,  also the families of persons killed, and the unremarried widow   or widower and minor children during minority of persons who died, while   in the service of such common carrier.4. Nothing in this section or in any  other  provision  of  law  shall   limit  the  power  of  the commissioner to require the sale of, and upon   investigation prescribe reasonable and just fares as the maximum  to  be   charged  for, commutation, school or family commutation, mileage tickets   over  railroads  or  street  railroads,  joint  interchangeable  mileage   tickets, round trip excursion tickets, or any other form of reduced rate   passenger  tickets  over  such  railroads or street railroads, including   cummutation, mileage, school tickets or any form of reduced rate tickets   issued to persons attending schools or educational institutions pursuant   to title two of the "Servicemen's Readjustment Act  of  1944";  provided   that  all  special  round  trip  excursion tickets, the sale of which is   limited to less than thirty days, except round trip excursion tickets to   the state fair and return during the holding thereof,  shall  be  deemed   exempt from such regulation by the commissioner.