NY Transp L § 178 (2021)
2021 New York Laws TRA - Transportation Article 8 - Carriers of Property by Motor Vehicle 178 - Rates and Charges; Common Carriers.

§ 178. Rates  and charges; common carriers. 1. It shall be the duty of   every common carrier of property to establish, observe and enforce  just   and   reasonable  rates,  charges  and  classifications,  and  just  and   reasonable regulations and practices relating thereto.2. Common carriers of property by motor vehicle may establish  through   routes  and  joint  rates,  charges  and classifications with other such   carriers and once established it shall be the duty of all  such  carrier   parties    to    establish   just   and   reasonable   rates,   charges,   classifications, regulations and practices and  equitable  divisions  of   revenue.3. All charges made for any service rendered, or to be rendered by any   common  carrier  of  property  by  motor  vehicle,  shall  be  just  and   reasonable, and every unjust and unreasonable charge for such service or   any part thereof, is prohibited and declared to be unlawful. It shall be   unlawful for any common carrier to make, give  or  cause  any  undue  or   unreasonable  preference  or advantage to any particular persons, in any   respect whatsoever; or to subject any particular person  to  any  unjust   discrimination or any undue or unreasonable prejudice or disadvantage in   any respect whatsoever.4.  Whenever,  after a hearing, upon complaint, or in an investigation   on the commissioner's own initiative, the commissioner  shall  determine   that any individual or joint rate, charge or classification in effect or   proposed  to be put into effect by any common carrier or group of common   carriers of property  by  motor  vehicle  or  any  rule,  regulation  or   practice  whatsoever  affecting  such rate, charge or classification, or   the  value  of  the  service  thereunder,  is  or  will  be  unjust   or   unreasonable,  or unjustly discriminatory, unduly preferential or unduly   prejudicial, the commissioner shall determine and prescribe  the  lawful   rate,  charge  or  classification,  or  the  lawful  rule, regulation or   practice thereafter to be observed.5. The commissioner shall, whenever deemed by him to be  necessary  or   desirable  in  the  public interest, after a hearing, upon complaint, or   upon the commissioner's own initiative,  establish  through  routes  and   joint   rates,   charges,  classifications,  regulations  or  practices,   applicable to the transportation of property by common carriers and  the   terms and conditions under which such through routes shall be operated.6.   Whenever,   after   a   hearing,   upon  complaint  or  upon  the   commissioner's own initiative,  the  commissioner  determines  that  the   divisions  of  joint rates, charges or classifications applicable to the   transportation of property by common carriers are  or  will  be  unjust,   unreasonable,  inequitable,  or  unduly  preferential  or prejudicial as   between the carrier parties, the commissioner shall by  order  prescribe   the  just, reasonable and equitable divisions thereof.  The order of the   commissioner  may  require  the  adjustment  of  divisions  between  the   carriers,  in  accordance  with  the  order, from the date of filing the   complaint or entry  of  order  of  investigation,  or  such  other  date   subsequent as the commissioner finds justified and, in the case of joint   rates,  charges  or  classifications prescribed by the commissioner, the   order as to divisions may be made effective as a part  of  the  original   order.7. In proceedings to determine the reasonableness of rates, charges or   classifications  of  a  common  carrier  of  property or group of common   carriers of property, the commissioner shall  authorize  revenue  levels   that  are  adequate  under efficient management to cover total operating   expenses, plus a reasonable profit as determined by the commissioner.8. The commissioner may not investigate, suspend, revise or revoke any   rate or charge proposed by a carrier  if  the  proposed  rate  does  not   increase  or reduce any existing rate or charge by more than ten percent    in any twelve month period. This subdivision does  not  apply  to  rates   that  are  proposed  through  the collective actions of the members of a   rate conference.9.  Any rate or charge that in any twelve-month period is increased or   reduced by more than the percentage specified in  subdivision  eight  of   this  section  must  be accompanied by such financial, statistical, cost   and other data as  the  commissioner  may  prescribe  by  regulation  to   justify   such   change.   Any   such  rate  or  charge  is  subject  to   investigation, suspension, revision or revocation.