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 826.10 - Concurrences

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General
					 requirements.
The following forms shall be used in giving to carriers
						concurrences in tariffs which are issued and filed by such carriers or their
						agents and in which the carriers giving concurrences are participants. The
						provisions of subdivisions (g) and (h) of section
						826.9  of this
						Part will apply also to concurrences. If two or more carriers execute powers of
						attorney authorizing an agent to publish joint rates for them, it will not be
						necessary for those carriers to exchange concurrences with each other as to the
						joint tariffs issued by that agent under that authority.
(b)
Form for a particular
					 tariff.
Form DOT-NY M.T. 3 shall be used in giving concurrence in
						a particular tariff that is issued and filed by another carrier. The original
						of form DOT-NY M.T. 3 shall be forwarded to the carrier issuing the tariff and
						shall by such carrier be transmitted to the commissioner with the tariff. This
						form when not restricted will serve as continuing evidence of participation in
						the tariff described in the concurrence and in all supplements to and
						successive issues thereof. If reference to successive issues be stricken out, a
						new concurrence will be required for each successive issue of the tariff.
						Except as provided above, this form shall not be qualified in any way but must
						evidence concurrence in all rates, rules, or other provisions contained in the
						tariff publication named therein.
CONCURRENCE
DOT-NY M.T. 3-No. ____
Cancels DOT-NY M.T. 3-No.____
(Name of carrier)
(Place and date)
19__
To New York State Department of Transportation
1220 Washington Ave.
Albany, New York 12226
This is to certify that
(Name of carrier giving
						this concurrence; see Note 1, §
													826.9,
						subd.
[
b
]
)
assents to and concurs in
						the publication and filing of the freight rate tariff described below, filed by
						(
show name of issuing carrier to which concurrence is
						given),
together with supplements thereto and successive issues
						thereof, and that said concurring carrier hereby makes itself a party thereto
						and bound thereby, until this authority is revoked by formal and official
						notice of revocation filed with Department of Transportation, State of New
						York, and sent to the carrier to which this concurrence is given.
(
Here give correct title of the tariff, including
						the name of the issuing carrier, the DOT-NY M.T. number, dates on which issued
						and effective, and name and title of officer by whom issued
).
(Name of carrier giving
						concurrence)
By_________
(Signature)
(Title)
(c)
Form for general
					 concurrence.
A general concurrence may be given by a carrier in
						tariffs issued by another carrier or an agent acting only for the carrier to
						which concurrence is given naming rates from or to points on the concurring
						carrier's lines or over its lines. For this purpose, form DOT-NY M.T. 4 shall
						be used, Form DOT-NY M.T. 4 may be executed as shown, when it will authorize
						publication of rates for the concurring carrier from and to points served by
						such carrier as well as from and to points served by other carriers where the
						concurring carrier acts as an intermediate line. If it is desired to limit the
						authority granted to exclude publication of rates in connection with which the
						concurring carrier would act as either origin, intermediate or destination
						line, the form may be modified to that extent by substituting the words
						"from-to" for the words "between-and" or by use of other appropriate language
						to effect the desired modification. Authority given to an agent by such
						concurrence is identical with that given to the carrier to which the
						concurrence is given, and care must be exercised so that the rates published
						for the concurring carrier do not exceed the scope of the authority so
						given.
CONCURRENCE
DOT-NY M.T. 4-No. ____
Cancels DOT-NY M.T. 4-No.____
(Name of carrier)
(Place and date)
19__
To New York State Department of Transportation
1220 Washington Ave.
Albany, New York 12226
This is to certify that
(Name of carrier giving
						this concurrence; see Note 1, §
													826.9,
						subd.
[
b
]
)
assents to and concurs in
						the publication and filing of any freight rate tariff or supplement thereto,
						which
(name of carrier to which concurrence is given)
or such
						carrier's agent may publish and file, and in which the said
(name of
						carrier giving concurrence)
is shown as a participating carrier, and
						that such concurring carrier hereby makes itself a party thereto and bound
						thereby insofar as such tariff names rates between points on the lines or
						routes of
(show name of carrier to which concurrence is
						given),
on the one hand, and points on the lines or routes of
(show name of carrier giving this concurrence),
on the other;
						or rates in connection with which
(show name of carrier giving this
						concurrence)
acts as intermediate line between points on the lines or
						routes of (
show name of carrier to which concurrence is given)
on the one hand, and points on the lines or routes of other carriers parties to
						such tariff, on the other, until this authority is revoked by formal and
						official notice of revocation filed with Department of Transportation, State of
						New York, and sent to the carrier to which this concurrence is given.
(Name of carrier)
By_________
(Signature)
(Title)
Duplicate mailed to__________at (show complete
						address).
(d)
Revocation.
A concurrence may be revoked upon not less than 60 days'
						notice to the commissioner by filing a notice of revocation with the
						commissioner, serving at the same time a copy thereof on the carrier to which
						such concurrence was given. Such notice shall not bear a separate serial
						number, but shall specify the form and number of the concurrence to be revoked,
						shall name the carrier in whose favor issued, and shall specify a date upon
						which revocation is to become effective, which must be not less than 60 days
						subsequent to the date of its receipt by the commissioner. The revocation
						notice shall be as follows:
REVOCATION NOTICE
(Name of carrier)
(Place and date)
19__
To New York State Department of Transportation
1220 Washington Ave.
Albany, New York 12226
Effective ____, 19 __, concurrence form N.Y.-M.T.__ No.
						__, issued by __________
(name of carrier)
in favor of
						____________
(here show name of carrier in whose favor concurrence was
						issued
) is hereby canceled and revoked.
(Name of carrier)
By
(Signature)
(Title)
Duplicate mailed ____ to ____ at ____
(e)
Revocation; tariff revisions
					 required.
When a power of attorney or concurrence is revoked,
						corresponding revision of the tariff or tariffs should be made effective upon
						statutory notice not later than the effective date stated in the notice of
						revocation. In the event of failure so to revise the applicable tariff or
						tariffs, the rates in such tariff or tariffs remain in effect until lawfully
						canceled. In the case of joint rates, the carrier having revoked its power of
						attorney or concurrence is thereafter entitled to earn its local rates. If the
						tariff is published by a carrier, such carrier will be held liable to the
						carrier having revoked the concurrence for the difference in charges under the
						tariff as it is and as it would have been if corrected in accordance with
						revocation of concurrence. In the case of tariffs published by an agent, the
						other carriers constituting the through joint route will be held responsible
						for such differences in charges.
(f)
Duplicating authority.
In giving concurrences care must be taken to avoid
						duplicating authority to two or more carriers which, if used, would result in
						conflicting rates or rules.