2023 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.