Michigan Laws 477.5 – Rates, fares, and charges; printing and filing schedules; availability; predatory rate prohibited; compliance with section; inapplicability of section to local move
Current as of: 2024 | Check for updates
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Terms Used In Michigan Laws 477.5
- Certificate of authority: means a certificate issued under this act to a motor carrier authorizing a transportation service. See Michigan Laws 475.1
- Commission: means the Michigan public service commission. 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
- Local move: means a household goods shipment of 40 miles or less, from point of origin to point of destination, as determined by actual miles traveled by the motor carrier and verifiable by odometer reading or mileage guide in general public use. See Michigan Laws 475.1
- 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
- Person: means an individual, partnership, association, or corporation, and their lessees, trustees, or receivers appointed by a court. See Michigan Laws 475.1
- Predatory rate: means a rate that is either below its fully allocated costs or in excess of reasonable industry standards. 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) Except as otherwise provided in subsection (4), before engaging in business, a motor carrier of household goods subject to this act shall print and file with the commission and have available upon request schedules showing all rates, fares, and charges for transportation of household goods, and shall keep its facilities and the schedules described in this subsection open for public inspection.
(2) A motor carrier of household goods that obtains a certificate of authority under this act shall not charge a predatory rate. The commission shall determine whether a motor carrier of household goods charges a predatory rate before issuing a certificate of authority and before the motor carrier of household goods commences operations. As used in this subsection, “predatory rate” is a rate found by the commission to be below its fully allocated cost.
(3) A motor carrier of household goods shall not receive or accept any person or property for transportation upon the highways of this state until it has complied with this section.
(4) This section does not apply to a local move.