Michigan Laws 479.6a – Applicability of section; change in rate, fare, charge, classification, rule, or practice; notice; effective date; investigation; petition for suspension; order; hearing
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Terms Used In Michigan Laws 479.6a
- Commission: means the Michigan public service commission. See Michigan Laws 475.1
- Emergency: means that term as defined in 49 C. See Michigan Laws 475.1
- For hire: means for remuneration or reward of any kind, paid or promised, either directly or indirectly. See Michigan Laws 475.1
- General rate: means a rate applicable to 2 or more motor carriers that is filed under section 6b of article V. See Michigan Laws 475.1
- Household goods: means personal effects and property used or to be used in a dwelling when a part of the equipment or supply of that dwelling. See Michigan Laws 475.1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Motor carrier: means a motor carrier of general commodities or a motor carrier of household goods. See Michigan Laws 475.1
- Motor carrier of household goods: means a person that, either directly or through any device or arrangement, packs, loads, unloads, or transports household goods upon or over a public highway for the general public in exchange for payment. See Michigan Laws 475.1
- public: means the part or portion of the general public that a motor carrier is ready, able, willing, and equipped to serve. See Michigan Laws 475.1
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) This section applies to all matters before the commission for which the commission has jurisdiction under article III.
(2) A motor carrier of household goods shall not change any general rate or change any rate, fare, charge, or classification, or any rule or practice affecting the rate, fare, charge, or classification, or the value of the service thereunder, specified in any effective tariff of any motor carrier for hire, unless it has given 30 days’ notice, or 45 days’ notice in a general rate increase or reduction, to the commission and to the public, filed and posted as provided in section 6 of article III except that changes in rates, fares, charges, or classifications or the value of service thereunder made under section 7a of article III shall be made on 10 days’ notice. The notice shall plainly state the change proposed to be made and the time when the change will take effect. The commission may, in its discretion and after good cause shown, allow changes upon less time than the notice specified in this subsection or modify the requirements in this section regarding publishing, posting, and filing of tariffs, either in particular instances or by general order applicable to special or peculiar circumstances or conditions.
(3) Upon the filing with the commission by any motor carrier of household goods of any tariff or supplement showing a change in rates, fares, charges, or classification, or a rule or practice affecting the rate, fare, charge, or classification, or the value of the service thereunder, the commission, upon notice to the motor carrier of household goods, may postpone the date when the new rate, fare, charge, classification, rule, or practice becomes effective to a time not to exceed 60 days to give the commission opportunity to investigate the reasonableness of the proposed rate, fare, charge, classification, rule, or practice. The commission may proceed with an investigation upon at least 10 days’ notice to the motor carrier of household goods as to the reasonableness of the rate, fare, charge, classification, rule, or practice. The investigation takes precedence over all matters of a different nature pending before the commission under this act.
(4) Except in an emergency satisfactorily shown to the commission, the commission shall not consider a petition for suspension unless the petition was filed at least 10 days before the effective date of the proposed change in rate, charge, fare, classification, rule, or practice. The petition or order shall be definite and specific and a copy shall be served upon all motor carriers of household goods affected at the time of filing or issuance. However, service upon an agent who has issued and filed a tariff or schedule on behalf of a motor carrier of household goods shall be considered due and sufficient service upon the motor carrier of household goods. The petition or order must recite the specific facts relied upon to establish that failure to postpone will work a special hardship on the petitioner that cannot otherwise be avoided.
(5) At a hearing involving a change in a rate, fare, charge, classification, rule, or practice, the burden of proof is on the motor carrier of household goods to show that the proposed changed rate, fare, charge, classification, rule, or practice is just and reasonable.