Section 479.6a - Applicability of section; change in rate, fare, charge, classification, rule, or practice; notice; effective date; investigation; petition for suspension; order; hearing.
THE MOTOR CARRIER ACT (EXCERPT)
Act 254 of 1933
479.6a Applicability of section; change in rate, fare, charge, classification, rule, or practice; notice; effective date; investigation; petition for suspension; order; hearing.
Sec. 6a.
(1) This section applies to all matters before the commission for which the commission has jurisdiction under article II.
(2) A change shall not be made in any general rate nor shall a change be made in any rate, fare, charge, or classification, or any rule or practice affecting the rate, fare, charge, or classification, or the value of the service thereunder, specified in any effective tariff of any motor carrier for hire, except for 30 days' notice, or 45 days' notice in a general rate increase or reduction, to the commission and to the public, filed and posted in accordance with section 6 of article II except that changes in rates, fares, charges, or classifications or the value of service thereunder made pursuant to section 7a of article II shall be made on 10 days' notice. The notice shall plainly state the change proposed to be made and the time when the change will take effect. The commission may, in its discretion, after good cause shown, allow changes upon less time than the notice specified in this subsection or modify the requirements in this section in respect to publishing, posting, and filing of tariffs, either in particular instances or by general order applicable to special or peculiar circumstances or conditions.
(3) Upon the filing with the commission by any motor carrier for hire of any tariff or supplement showing any change in rates, fares, charges, or classification, or any rule or practice affecting the rate, fare, charge, or classification, or the value of the service thereunder, the commission, upon notice to the motor carrier, may postpone the date when the new rate, fare, charge, classification, rule, or practice shall become effective to a time not to exceed 60 days to give the commission opportunity to investigate the reasonableness of the proposed rate, fare, charge, classification, rule, or practice. The commission may proceed with an investigation upon at least 10 days' notice to the motor carrier as to the reasonableness of the rate, fare, charge, classification, rule, or practice. The investigation shall take precedence over all matters of a different nature pending before the commission under this act.
(4) Except in an emergency satisfactorily shown to the commission, a petition for suspension shall not be considered unless filed at least 10 days before the effective date of the proposed change in rate, charge, fare, classification, rule, or practice. The petition or order shall be definite and specific and a copy shall be served upon all motor carriers affected at the time of filing or issuance. However, service upon an agent who has issued and filed a tariff or schedule in behalf of a motor carrier or carriers shall be considered to be due and sufficient service upon the motor carrier or carriers. The petition or order must recite the specific facts relied upon to establish that failure to postpone will work a special hardship on the petitioner, that cannot otherwise be avoided.
(5) At any hearing involving a change in a rate, fare, charge, classification, rule, or practice, the burden of proof shall be upon the carrier to show that the proposed changed rate, fare, charge, classification, rule, or practice is just and reasonable.
History: Add. 1943, Act 244, Imd. Eff. Apr. 22, 1943 ;-- CL 1948, 479.6a ;-- Am. 1954, Act 28, Imd. Eff. Mar. 31, 1954 ;-- Am. 1982, Act 399, Imd. Eff. Dec. 28, 1982 ;-- Am. 1993, Act 352, Imd. Eff. Jan. 13, 1994