Section 479.6b - Applicability of section; joint consideration and initiation of rates, fares, classifications, divisions, allowances, charges, or rules; agreement; approval; maintenance of accounts,
THE MOTOR CARRIER ACT (EXCERPT)
Act 254 of 1933
479.6b Applicability of section; joint consideration and initiation of rates, fares, classifications, divisions, allowances, charges, or rules; agreement; approval; maintenance of accounts, records, files, and memoranda of organization; inspection; information and reports; verified statement of motor carrier; meeting; notice and minutes; disapproval of certain agreements; order to cease and desist from violation of agreement.
Sec. 6b.
(1) This section applies to all matters before the commission for which the commission has jurisdiction under article II. If 2 or more motor carriers desire to jointly consider and initiate rates, fares, classifications, divisions, allowances, charges, or rules of the motor carriers, those joint considerations and initiations shall only be conducted pursuant to an agreement which is submitted to, and approved by, the commission under rules promulgated by the commission. The commission shall by order approve the agreement if it finds that it conforms with the requirements of subsections (2) to (9). The commission shall not eliminate collective rate-making by application of its authority under this section.
(2) The motor carriers who are parties to an agreement approved by the commission under this section shall submit proposed rates, fares, classifications, divisions, allowances, charges, or rules of the motor carriers to the commission. The proposed rates, fares, classifications, divisions, allowances, charges, or rules of the motor carriers shall not be effective unless they are submitted to the commission and are permitted under the provisions of this act and the rules promulgated under this act.
(3) Each conference, bureau, committee, or other organization established pursuant to an agreement approved by the commission under this section shall maintain those accounts, records, files, and memoranda and shall submit to the commission information and the reports as prescribed by the commission. All the accounts, records, files, and memoranda shall be subject to inspection by the commission or its authorized representative.
(4) Each motor carrier which is a party to an agreement described in this section shall file with the commission a verified statement that specifies its name, its mailing address, and the telephone number of its main office; the names and addresses of each of its affiliates; the names, addresses, and affiliates of each of its officers and directors; the names, addresses, and affiliates of each person, who together with an affiliate owning or controlling any debt, equity, or security interest in it has a value of at least $100.00. As used in this subsection:
(a) “Affiliate” means a person controlling, controlled by, or under common control or ownership with another person.
(b) “Ownership” means equity holdings in a business entity of at least 5%.
(5) A meeting of a conference, bureau, committee, or other organization established pursuant to an agreement approved by the commission under this section which includes motor carrier tariffs, rates, fares, or charges as matters of discussion or decision shall be open and all persons shall be allowed to attend meetings.
(6) Notice of the meeting described in subsection (5) must be posted at the principal place of business of the organization and at the commission at least 8 working days before the date of the meeting. The notice must contain the name of the organization, its address, its telephone number, a meeting docket or agenda, and the place, date, and time of the meeting.
(7) Minutes of a meeting described in subsection (5) shall be kept by the organization and shall become available to the general public and shall be submitted to the commission on or before the eighth working day after a meeting. Minutes of other meetings shall be maintained by the organization for 1 year after the meeting. Minutes for a meeting described in subsection (5) shall contain the date, time, and place of meeting; members present; members absent; and decisions taken. Votes on rates, fares, charges, or tariff items shall be recorded. Notice of other meetings described in subsection (5) shall be sent to the commission on or before the eighth working day after the meeting and shall contain the date, time, and place; members present; members absent; and purpose of meeting.
(8) The commission shall not approve under this section any agreement between or among carriers of different modes unless the agreement is limited to matters relating to transportation under joint rates or over through routes.
(9) The commission shall not approve under this section any agreement which establishes a procedure for the determination of any matter through joint consideration unless it finds that under the agreement there is accorded to each party the free and unrestrained right to take independent action after any determination is arrived at through the procedure.
(10) The commission, upon complaint by a shipper or receiver of freight transported under jointly considered and initiated rates and charges or by a carrier party to an agreement approved by the commission under this section, may investigate and determine whether any agreement previously approved by it under this section has been violated in a manner contrary to the transportation policy set forth in section 2 of article I. After investigation, the commission shall, by order, direct the parties to the agreement to cease and desist from violations of that agreement and this section if it finds the action necessary to assure conformity with the transportation policy. The effective date of any cease and desist order shall be postponed for a period which the commission determines to be reasonably necessary to avoid undue hardships. Any commission decision issued after December 28, 1982 which has terminated a previously approved agreement for reasons or on terms inconsistent with this section shall be null and void.
(11) An order shall not be entered under this section unless interested parties have been afforded reasonable notice and opportunity for hearing.
History: Add. 1982, Act 399, Imd. Eff. Dec. 28, 1982 ;-- Am. 1993, Act 352, Imd. Eff. Jan. 13, 1994