Oregon Statutes - Chapter 825 - Motor Carriers - Section 825.224 - Rate regulation of carriers of passengers and of household goods.

(1) The rates, rules and practices used by for-hire carriers in the transportation of persons and of household goods shall be prescribed by the Department of Transportation and:

(a) Be plainly stated in tariffs or schedules available to the public at each carrierís office, and at the office of the department; and

(b) Be just, reasonable and fair and shall not be unduly discriminatory, prejudicial or preferential.

(2) No for-hire carrier of persons or household goods shall:

(a) Charge, collect or receive a different remuneration for the transportation of persons or household goods or for any service in connection therewith, than the rates which have been legally prescribed and filed with the department.

(b) Refund or remit in any manner or by any device any portion of the rates required to be collected by its tariffs or written contracts on file with the department.

(3) Any action against for-hire carriers of persons or household goods for recovery of overcharges or by the carriers for the collection of undercharges shall be commenced within two years from the time the cause of action accrued. As used in this subsection, overcharges or undercharges shall mean charges assessed for transportation service different from those applicable under the tariff lawfully in effect.

(4) The department shall check the records of for-hire carriers of persons and of for-hire carriers of household goods for the purpose of discovering all discriminations and rebates. The department:

(a) Upon the departmentís own motion, may, and upon the complaint of any aggrieved person, shall, pursuant to written notice served upon any carrier subject to this subsection, investigate the rates, classifications, rules and practices of the carrier and investigate service in connection therewith; and

(b) To the extent that the rates, classifications, rules or practices are found by the department to be unreasonable, unlawful, unfair or unduly discriminatory, preferential or prejudicial, shall, by orders based upon the evidence, require the carrier to comply with just, fair, lawful and reasonable rates, classifications, rules and practices established by the department. Such carrier shall forthwith comply with such orders.

(5) The department may suspend a tariff or time schedule of carriers of persons or household goods that the department believes will impair the ability of the carriers to serve the public or appears to be unjust, unfair, unreasonable, prejudicial, discriminatory or otherwise unlawful. [Formerly 767.410]

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Last modified: August 7, 2008