NY Transp L § 196 (2021)
2021 New York Laws TRA - Transportation Article 9 - Carriers of Household Goods by Motor Vehicle 196 - Rates and Charges; Common Carriers of Household Goods.

§ 196. Rates  and  charges;  common carriers of household goods. 1. It   shall be the  duty  of  every  common  carrier  of  household  goods  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 household goods 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 household goods 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 of household  goods  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,  area  or  description  of  traffic  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 of household  goods   or  group  of common carriers of household goods 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 necessary or desirable in   the public interest, after a hearing, upon complaint, or  upon  his  own   initiative,   establish   through   routes  and  joint  rates,  charges,   classifications,   regulations   or   practices,   applicable   to   the   transportation of property by common carriers of household goods 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 household goods 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 investigations, 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  household goods or group of   common carriers of household goods,  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.10.    Prior  to  entering into an agreement to render services, every   common carrier of household goods  shall  inform  each  shipper  of  the   availability  of  a  written  estimate  of the total cost of services if   requested at least seventy-two hours in advance of an actual move. If so   requested by a shipper, every common carrier of  household  goods  shall   issue  to  each  shipper  an estimated total cost of services form which   shall not serve as the actual contract  between  the  shipper  and  such   carrier  but  shall be given as an educated prediction of the total cost   for services to be rendered, except that  such  estimate  shall  not  be   required for moves of household goods involving one room of four hundred   square feet or less.  The estimate for all services provided shall be in   writing  and  shall  be  fully  completed  in all respects, and shall be   rendered  only  after  a  physical  examination  by  the  carrier.   The   commissioner  shall  promulgate a sample estimated cost of services form   and each carrier may adopt any form substantially similar  to  the  said   form,  which  shall  also  include  a  statement,  in  bold  face  type,   indicating that the tariff in effect at the time of the  shipment  shall   govern  the  final  charges  for the shipment.   In addition to specific   rates and charges required to be filed pursuant to section  one  hundred   ninety-seven  of  this  article, a common carrier of household goods may   also  offer  shippers  a  written  binding   estimate   of   the   total   transportation  charges  for  the  transportation  of household goods as   defined in paragraphs (a) and (b) of subdivision fifteen of section  two   of  this  chapter.  Provided, however, that if a carrier elects to offer   written binding estimates it must specifically state so  in  its  tariff   and  must  make  such option available on a nonpreferential basis to all   shippers as an alternative to the specific rates and charges detailed in   its tariff. The written binding  estimate  shall  be  in  the  form  and   contain   such   information   as  the  commissioner  may  prescribe  by   regulation.