N.Y. Transportation Law 196 – Rates and charges; common carriers of household goods
§ 196. Rates and charges; common carriers of household goods. 1. It shall be the duty of every common carrier of household goods to establish, observe and enforce just and reasonable rates, charges and classifications, and just and reasonable regulations and practices relating thereto.
Terms Used In N.Y. Transportation Law 196
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
2. Common carriers of household goods by motor vehicle may establish through routes and joint rates, charges and classifications with other such carriers and once established it shall be the duty of all such carrier parties to establish just and reasonable rates, charges, classifications, regulations and practices and equitable divisions of revenue.
3. All charges made for any service rendered, or to be rendered by any common carrier of household goods by motor vehicle, shall be just and reasonable and every unjust and unreasonable charge for such service or any part thereof, is prohibited and declared to be unlawful. It shall be unlawful for any common carrier of household goods to make, give or cause any undue or unreasonable preference or advantage to any particular persons, in any respect whatsoever or to subject any particular person, area or description of traffic to any unjust discrimination or any undue or unreasonable prejudice or disadvantage in any respect whatsoever.
4. Whenever, after a hearing, upon complaint, or in an investigation on the commissioner's own initiative, the commissioner shall determine that any individual or joint rate, charge or classification in effect or proposed to be put into effect by any common carrier of household goods or group of common carriers of household goods by motor vehicle or any rule, regulation or practice whatsoever affecting such rate, charge or classification, or the value of the service thereunder, is or will be unjust or unreasonable, or unjustly discriminatory, unduly preferential or unduly prejudicial, the commissioner shall determine and prescribe the lawful rate, charge or classification, or the lawful rule, regulation or practice thereafter to be observed.
5. The commissioner shall, whenever deemed necessary or desirable in the public interest, after a hearing, upon complaint, or upon his own initiative, establish through routes and joint rates, charges, classifications, regulations or practices, applicable to the transportation of property by common carriers of household goods and the terms and conditions under which such through routes shall be operated.
6. Whenever, after a hearing, upon complaint or upon the commissioner's own initiative, the commissioner determines that the divisions of joint rates, charges or classifications applicable to the transportation of household goods by common carriers are or will be unjust, unreasonable, inequitable, or unduly preferential or prejudicial as between the carrier parties, the commissioner shall by order prescribe the just, reasonable and equitable divisions thereof. The order of the commissioner may require the adjustment of divisions between the carriers, in accordance with the order, from the date of filing the complaint or entry of order of investigations, or such other date subsequent as the commissioner finds justified and, in the case of joint rates, charges or classifications prescribed by the commissioner, the order as to divisions may be made effective as a part of the original order.
7. In proceedings to determine the reasonableness of rates, charges or classifications of a common carrier of household goods or group of common carriers of household goods, the commissioner shall authorize revenue levels that are adequate under efficient management to cover total operating expenses, plus a reasonable profit as determined by the commissioner.
8. The commissioner may not investigate, suspend, revise or revoke any rate or charge proposed by a carrier if the proposed rate does not increase or reduce any existing rate or charge by more than ten percent in any twelve-month period. This subdivision does not apply to rates that are proposed through the collective actions of the members of a rate conference.
9. Any rate or charge that in any twelve-month period is increased or reduced by more than the percentage specified in subdivision eight of this section must be accompanied by such financial, statistical, cost and other data as the commissioner may prescribe by regulation to justify such change. Any such rate or charge is subject to investigation, suspension, revision or revocation.
10. Prior to entering into an agreement to render services, every common carrier of household goods shall inform each shipper of the availability of a written estimate of the total cost of services if requested at least seventy-two hours in advance of an actual move. If so requested by a shipper, every common carrier of household goods shall issue to each shipper an estimated total cost of services form which shall not serve as the actual contract between the shipper and such carrier but shall be given as an educated prediction of the total cost for services to be rendered, except that such estimate shall not be required for moves of household goods involving one room of four hundred square feet or less. The estimate for all services provided shall be in writing and shall be fully completed in all respects, and shall be rendered only after a physical examination by the carrier. The commissioner shall promulgate a sample estimated cost of services form and each carrier may adopt any form substantially similar to the said form, which shall also include a statement, in bold face type, indicating that the tariff in effect at the time of the shipment shall govern the final charges for the shipment. In addition to specific rates and charges required to be filed pursuant to section one hundred ninety-seven of this article, a common carrier of household goods may also offer shippers a written binding estimate of the total transportation charges for the transportation of household goods as defined in paragraphs (a) and (b) of subdivision fifteen of section two of this chapter. Provided, however, that if a carrier elects to offer written binding estimates it must specifically state so in its tariff and must make such option available on a nonpreferential basis to all shippers as an alternative to the specific rates and charges detailed in its tariff. The written binding estimate shall be in the form and contain such information as the commissioner may prescribe by regulation.