Rhode Island General Laws 39-12-12. Establishment of rates and charges of common carriers – Rate discrimination – Rebates
It shall be the duty of every common carrier of property by motor vehicle to establish, observe, and enforce just, reasonable, and reasonably compensatory rates, charges, and classification, and reasonable regulations and practices relating thereto, which shall become effective on a date fixed by the carrier, which shall be at least thirty (30) days after the filing of the tariff containing the rates, charges, and classification, unless suspended by the administrator, prior to the effective date of the tariff or classification, upon complaint of any person, organization, or body politic or by the administrator on his or her own motion. No change shall be made in any rate, charge, classification, or any rule, regulation, or practice affecting the rate, charge, or classification, or the value of the service thereunder specified in any tariff of a common carrier by motor vehicle, except after thirty (30) days’ notice of the proposed change filed and posted in accordance with § 39-12-11. The notice shall plainly state the changes proposed to be made and the time when the change will take effect. The administrator, in his or her discretion and for good cause shown, may allow the publication of rates or charges or a change in classification therein, upon notice less than that specified in this section, or may modify the requirements of this section with respect to the posting and filing of tariffs and classifications, either in particular instances or by general order applicable to special or peculiar circumstances or conditions. The administrator, after a hearing, may establish, from time to time, such reasonable rules and regulations as he or she may deem necessary pertaining to the form of tariffs, classifications, or supplements thereto; the time and manner of filing thereof; the suspension of rates before the rates become effective; and bearing upon the validity of any filed or existing rate. No common carrier of property by motor vehicle shall charge or demand or collect or receive a greater or less compensation for transportation or any service in connection therewith between points enumerated in the tariff than the rates and charges specified in the filed tariffs in effect at the time; and no carrier shall refund or remit in any manner or by any device, directly or indirectly, or through any other person, any portion of the rates or charges so specified, or extend to any person any privileges or facilities for transportation in intrastate commerce, except such as are specified in its tariffs.
History of Section.
P.L. 1935, ch. 2268, art. 3, § 3; G.L. 1938, ch. 99, art. 3, § 3; P.L. 1946, ch. 1805, § 1; G.L. 1956, § 39-12-8 — § 39-12-11; G.L. 1956, § 39-12-12; P.L. 1958, ch. 87, § 1; P.L. 1997, ch. 326, § 113.
Terms Used In Rhode Island General Laws 39-12-12
- Administrator: means the public utilities administrator. See Rhode Island General Laws 39-12-2
- Common carrier: means any person who or that undertakes, whether directly or by any other arrangements, to transport property, or any class or classes of property, by motor vehicle between points within this state, for the general public for compensation, over the publicly used highways of this state, whether over regular or irregular routes. See Rhode Island General Laws 39-12-2
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Intrastate commerce: means any commerce wholly within this state by motor vehicle between points having a point of origin and a point of destination within this state. See Rhode Island General Laws 39-12-2
- Motor vehicle: means any vehicle, machine, truck, tractor-trailer, or semi-trailer propelled or drawn by any mechanical power and used upon the highways in the transportation of property, but does not include any vehicle or car operated on a rail or rails whether on or off the publicly used highways. See Rhode Island General Laws 39-12-2
- Person: means any individual, firm, co-partnership, corporation, company, association, or joint stock association, and includes any trustee, receiver, assignee, or personal representative thereof; and, where the context requires shall include "driver" as defined in this section. See Rhode Island General Laws 39-12-2