§ 39-12-16 - Duty of contract carriers to establish reasonable rates – Publication of rate schedules – Rate discrimination – Rebates.
SECTION 39-12-16
§ 39-12-16 Duty of contract carriers toestablish reasonable rates – Publication of rate schedules – Ratediscrimination – Rebates. – (a) It shall be the duty of every contract carrier by motor vehicle toestablish and observe reasonable rates and charges for any service rendered orto be rendered in the transportation of property, and to establish and observereasonable regulations and practices to be applied in connection with thereasonable rates and charges.
(b) It shall be the duty of every contract carrier by motorvehicle to publish, file with the administrator on not less than thirty (30)days notice, and keep open for public inspection in the form and mannerprescribed by the administrator, schedules containing the actual rates andcharges of the carrier, and any rule, regulation, or practice affecting therates or charges, and the value of the service thereunder. A filing fee offifty dollars ($50.00) must accompany all filings made pursuant to thissection. All revenues received under this section shall be deposited as generalrevenues.
(c) No contract carrier shall engage in the transportation ofproperty, unless the effective contract or contracts are in force, and a copyor copies filed with the administrator, and/or unless the actual charges fortransportation by the carrier have been published, filed, and posted inaccordance with the provisions of this chapter. No contract shall be filed norreduction made in any charge, either directly or by means of any change in anyrule, regulation, or practice affecting the charge or the value of the serviceunder the contract, except after thirty (30) days notice of the proposed changefiled in the manner and form as provided in subsection (b) of this section;provided, that the administrator may, in his or her discretion and for goodcause shown, allow the change upon less notice, or may modify the requirementsof this section with respect to the posting and filing of the schedules, eitherin particular instances or by general order, applicable to special or peculiarcircumstances or conditions.
(d) The schedule of actual rates of every contract carriershall contain a list of all parties with whom contracts are or may from time totime be in effect, without designation of the party for whom the motor carrierservices are being or are to be performed.
(e) No carrier shall demand, or collect, or charge a lesscompensation for transportation than the charge contained in his or her writtencontract and published in his or her schedule of actual rates on file with theadministrator, or prescribed after a hearing by the administrator; and it shallbe unlawful for any contract carrier, by the furnishing of special services,facilities, or privileges, or by any other device whatsoever, to charge,accept, or receive less than the actual rates and charges so filed orprescribed. The charges of the contract carriers shall be no less than those ofcommon carriers for substantially the same or similar service.