New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 4 - Rates and Charges › Part 826 - Construction And Filing Of Tariffs Of Common Carriers › Section 826.8 - Applications for special permission

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Emergency or merit to be shown. The
					 Transportation Law authorizes the commissioner, in his discretion and for good
					 cause shown, to permit changes in tariff publications on less than statutory
					 notice, and also to permit departure from the commissioner's rules. The
					 commissioner will exercise this authority only in cases where actual emergency
					 or real merit are shown. Desire to meet the rates of a competing carrier that
					 has given statutory notice of change in rates will not of itself be regarded as
					 good cause for permitting changes in rates or other provisions on less than
					 statutory notice. Clerical or typographical errors in tariffs may constitute
					 good cause for the exercise of this authority, but every application based
					 thereon must plainly specify the errors or omissions together with a full
					 statement of the attending circumstances and must be presented with reasonable
					 promptness after issuance of the defective tariff, supplement, or revised
					 page.
(b) Request to depart from
					 formal order. When a formal order of the commissioner requires a publication to
					 be made effective on a stated number of days' notice, a request or special
					 permission application addressed to the commissioner for authority to establish
					 on less notice will not be granted. In any such instance a petition for
					 modification of the formal order must be filed.
(c) Carrier or agent must file. Applications
					 for permission to establish or change rates or other provisions on less than
					 statutory notice, or for waiver of the provisions of this Part, must be made by
					 the carrier or agent that holds authority to file the proposed publication. If
					 the application requests permission to make changes in joint tariffs, it must
					 state that it is filed for and on behalf of all carriers parties to the
					 proposed change.
(d) Form of
					 application.
(1) Applications (including
					 amendments thereto and exhibits made a part thereof) shall be addressed to the
					 Commissioner of Transportation, State of New York, Albany, N. Y., 12226, shall
					 be made on paper no larger than 8 1/2 inches by 11 inches, shall be in
					 substantially the following form, and shall give all the information required
					 by this section together with any other pertinent facts. They shall be numbered
					 consecutively and must bear the signature of the carrier or its duly authorized
					 agent or officer, specifying title. The following form may be modified to
					 request waiver of the commissioner's rules.
(Name of Applicant in full)
Application No. ________
_________
(Place and date) 19________
To COMMISSIONER OF TRANSPORTATION
STATE OF NEW YORK
Albany, N. Y.
(Name of carrier) by,
(Name of officer, specifying title)
does hereby petition to the Commissioner of
						Transportation, State of New York, that he (it) be permitted, under section 172  of Transportation Law, to put in force
						the following provisions to become effective ________days after the filing
						thereof with the Commissioner:
(Here show matter as directed by §
													826.8  [ e][1].)
Your petitioner further represents that the said (state
						whether rates, charges, classification ratings, or other provisions) above
						mentioned will be published in (here show matter as directed by §
													826.8  [
						e][2].)
(Here state matter as directed by §
													826.8  [
						e][3].)
(Here state matter as directed by §
													826.8  [
						e][4].)
(Here state fully matter as directed by §
													826.8[e][5].)
(Here set forth the justification as directed by §
													826.8[e][6].)
_________
(Name of carrier)
By
_________
(Name and title)
Subscribed and sworn to before me this________day of
						________19 ________
_________
(Notary Public)
(2) When an application is made by an agent,
					 appropriate change should be made in the introductory and closing paragraphs of
					 the form.