197. Tariff requirements; common carriers of household goods. 1. No common carrier of household goods by motor vehicle shall engage in such transportation unless the rates and charges of said carrier have been prescribed, or filed in accordance with the provisions of this article.
2. Whenever an applicable tariff has not already been prescribed by the commissioner every common carrier of household goods by motor vehicle shall file with the commissioner and at all times keep open to public inspection tariffs showing all the rates and charges for transportation, and all services in connection therewith, between points on its own route and points on the route of any other such common carriers of household goods, or on the routes of any other common carrier of household goods by motor vehicle, when a through route and joint rate shall have been established. Such rates and charges shall be stated in terms of lawful money of the United States. The tariffs required by this section shall be published, filed and posted in such form and manner and shall contain such information as the commissioner by regulation shall prescribe and the commissioner is authorized to reject any tariff which is not in accordance with this article and with such regulations. Any such tariff so rejected by the commissioner shall be void and its use shall be unlawful.
3. No common carrier of household goods by motor vehicle shall charge, demand, collect or receive a different compensation for transportation or for any service in connection therewith between points enumerated in such tariff than the rates and charges specified in the tariffs in effect at the time of shipment and no such common carrier of household goods shall refund or remit in any manner or by any device, directly or indirectly, or through any agent or broker or otherwise, any portion of the rates or charges so specified, nor extend to any person any privilege for transportation except as is specified in its tariff.
4. No change shall be made in any rate, charge or classification, or the value of the service thereunder, specified in any effective tariff of a common carrier of household goods, except after thirty days' notice of the proposed change filed and posted in accordance with the rules and regulations prescribed by the commissioner. The commissioner may for good cause shown, allow such change upon less than thirty days' notice or modify the requirements of this section with respect to posting and filing of tariffs either in particular instances or by general order applicable to special or particular circumstances or conditions.
5. Except as provided for in subdivision eight of section one hundred ninety-six of this article the commissioner may suspend the implementation of any proposed tariff change and defer the use of such tariff change for a period of six months. After investigation and hearing the commissioner may allow the tariff change as proposed or he may issue an order directing the carrier to cancel or modify the proposed tariff change. Provided, however, that if a decision is not rendered within the six month suspension period the proposed tariff change shall go into effect at the end of such suspension period. In any hearing to determine the reasonableness or lawfulness of a proposed tariff change the burden of proof shall be on the carrier or carriers proposing the tariff change.
Last modified: February 3, 2019