New York Laws
Article 9 - Carriers of Household Goods by Motor Vehicle
197 - Tariff Requirements; Common Carriers of Household Goods.

§ 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.