Rhode Island General Laws 39-12-14. Factors governing determination of just and reasonable rates – Burden of proof
In the exercise of power to prescribe just and reasonable rates and charges for the transportation of property by common carriers by motor vehicle, and classifications, regulations, and practices relating thereto, and to disallow rates filed by any carriers, the administrator shall give due consideration, among other factors, to the inherent advantages of transportation by the carriers; to the effect of rates upon the movement of traffic by the carrier or carriers for which the rates are prescribed; to the need, in the public interest, of adequate and efficient transportation service of the carriers at the lowest cost consistent with the furnishing of the service; and to the need of revenues sufficient to enable the carriers under honest, economical, and efficient management to provide such service. In any proceeding to determine the justness and reasonableness of any rates or charges of any common carrier, there shall not be taken into consideration or allowed, as evidence or elements of value of the property of the carrier, either good will, earning power, or the certificate under which the carrier is operating. At any hearing involving a change in rates, charges, or classification, or in a rule, regulation, or practice, the burden of proof shall be upon the carrier to show that the proposed rule, changed rate, charge, classification, regulation, or practice is just and reasonable.
History of Section.
G.L. 1938, ch. 99, art. 3, § 3; P.L. 1946, ch. 1805, § 1; G.L. 1956, § 39-12-13; G.L. 1956, § 39-12-14; P.L. 1958, ch. 87, § 1.
Terms Used In Rhode Island General Laws 39-12-14
- Administrator: means the public utilities administrator. See Rhode Island General Laws 39-12-2
- Certificate: means a certificate of public convenience and necessity issued under this chapter or by any corresponding provisions of earlier laws to a common carrier by motor vehicle. 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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