Rhode Island General Laws 39-12-17. Determination as to basis of contract rate
Any party in interest, whether as a contract carrier, common carrier, shipper, or otherwise, may, at any time, by petition or complaint, have determined whether a rate or charge prescribed for the contract carrier by the administrator, after a hearing, is based upon or includes services that the contract carrier is not required to perform under his or her contract for services. No rates or charges for contract carriers shall be prescribed by the administrator except after a hearing, notice of which has been given to the contract carriers and common carriers affected thereby, and to the shippers or to the public served by the contract carriers and common carriers. Upon a petition of not less than ten (10) persons operating as common or contract carriers in any natural subdivision, the administrator, after a hearing, and after notice to members of the natural subdivision in writing, or by publication, as the administrator may determine, shall prescribe the rates and charges, which shall not be less than the cost of performing the service, to be thereafter charged by all carriers operating within the natural subdivision for the particular type of service described in the petition, but the rates and charges shall not apply to members of the subdivision performing services other than those described in the petition.
History of Section.
P.L. 1935, ch. 2268, art. 4, §§ 6, 7; G.L. 1938, ch. 99, art. 4, §§ 6, 7; P.L. 1946, ch. 1805, § 1; G.L. 1956, §§ 39-12-22, 39-12-23; G.L. 1956, § 39-12-17; P.L. 1958, ch. 87, § 1.
Terms Used In Rhode Island General Laws 39-12-17
- 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.
- Contract: A legal written agreement that becomes binding when signed.
- Contract carrier: means any person who or that engages in transportation by motor vehicle of property in intrastate commerce, for compensation (other than transportation referred to in the preceding paragraph), under continuing contracts with one person or an unlimited number of persons for the furnishing of transportation services of a special and individual nature required by the shipper and not generally provided by common carriers. See Rhode Island General Laws 39-12-2
- in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
- Natural subdivision: means a group of persons engaged in the motor trucking industry that, by the nature and similarity of the service performed, has operating interests peculiar to the groups and that by reason thereof requires distinct and separate regulations. See Rhode Island General Laws 39-12-2