§ 39-12-13. Alteration of common carrier rates by the administrator.
(a) The administrator, upon complaint of any common carrier by motor vehicle or of any person, or upon his or her own motion, after a hearing, may allow or disallow any filed or existing rates and may alter or prescribe the rates of common carriers in connection with the transportation of any or all classes of property to any or between any and all points within the state and any service connected therewith in accordance with the legal standards provided in this chapter. Whenever, upon complaint or in any investigation on his or her own initiative, the administrator, after a hearing, shall be of the opinion that any rate or charge collected, charged, or demanded by any common carrier by motor vehicle, or any classification, rule, regulation, or practice whatsoever of the carrier affecting the rate, charge, or the value of the service thereunder, is or will be unjust or unreasonable, or unjustly discriminatory, or unduly preferential, or unduly prejudicial, he or she shall determine and prescribe the lawful rate or charge, or the maximum and/or minimum rate or charge thereafter to be observed or the lawful classification, rule, regulation, or practice thereafter to be effective.
(b) The administrator shall implement a gasoline price emergency surcharge program whereby a person licensed under this chapter to perform “driveaway-towaway operations” shall be permitted to impose and collect a surcharge, during such times and under such conditions wherein the administrator determines that the average price of gasoline in this state exceeds one dollar and fifty cents ($1.50) per gallon. Provided, that the administrator shall have discretion as to when to permit such surcharge to be imposed, except that the administrator shall not impose the surcharge at any time when the average price of gasoline, as determined by the administrator, does not exceed the price of one dollar and fifty cents ($1.50) per gallon.
(c) The administrator shall implement a diesel price emergency surcharge program whereby a person licensed under § 39-3-3, § 39-3-3.1, or § 39-3-4 to perform as a “common carrier of persons and/or property upon water between termini within the state,” providing “lifeline” service as determined by the division, shall be permitted to impose and collect a surcharge for each passenger and vehicle carried, during periods when it is determined that the average retail price of diesel fuel in this state exceeds one dollar and twenty cents ($1.20) per gallon; provided, however, that no such surcharge shall be authorized for carriers providing service that is determined by the division to be “discretionary” in nature.
History of Section.P.L. 1935, ch. 2268, art. 3, § 3; G.L. 1938, ch. 99, art. 3, § 3; P.L. 1946, ch. 1805, § 1; G.L. 1956, § 39-12-12; G.L. 1956, § 39-12-13; P.L. 1958, ch. 87, § 1; P.L. 2001, ch. 307, § 2; P.L. 2003, ch. 412, § 2; P.L. 2005, ch. 352, § 1; P.L. 2010, ch. 192, § 1; P.L. 2010, ch. 208, § 1.
Structure Rhode Island General Laws
Title 39 - Public Utilities and Carriers
Chapter 39-12 - Motor Carriers of Property
Section 39-12-1. - Declaration of policy.
Section 39-12-2. - Definitions.
Section 39-12-3. - Exemption from regulations.
Section 39-12-4. - General powers and duties of the administrator.
Section 39-12-5. - Administration of chapter — Investigations — Hearings.
Section 39-12-7. - Issuance of certificate to common carrier.
Section 39-12-8. - Declaration of public interest in contract carriers.
Section 39-12-9. - Permit requirement for contract carriers — Application.
Section 39-12-10. - Issuance of permit to contract carrier.
Section 39-12-11. - Publication of tariffs of common carriers.
Section 39-12-13. - Alteration of common carrier rates by the administrator.
Section 39-12-14. - Factors governing determination of just and reasonable rates — Burden of proof.
Section 39-12-15. - Filing of contracts by contract carriers — Form of contract.
Section 39-12-17. - Determination as to basis of contract rate.
Section 39-12-18. - Revocation of common carrier certificate.
Section 39-12-19. - Revocation of contract carrier permit.
Section 39-12-20. - Transfer of certificates or permits — Joint control of common carriers.
Section 39-12-21. - Dual operations.
Section 39-12-21.1. - Filing of contracts.
Section 39-12-22. - Issuance of a permit to interstate carriers.
Section 39-12-23. - Transfer of interstate carrier permit.
Section 39-12-24. - [Repealed.]
Section 39-12-25. - Operation by fiduciary.
Section 39-12-26. - Registration and identification of vehicles.
Section 39-12-27. - Security for protection of the public.
Section 39-12-27.1. - Advertisements by transporters of household goods.
Section 39-12-28. - Bill of lading requirements — Liability for damages.
Section 39-12-29. - Agent for service of process, notices, or orders on interstate carriers.
Section 39-12-30. - Accounts, records, and reports.
Section 39-12-31. - Employment of personnel.
Section 39-12-32. - Enforcement powers of inspectors.
Section 39-12-33. - Enforcement by police departments.
Section 39-12-34. - Self-incrimination — Immunity from prosecution.
Section 39-12-36. - Unlawful operations — Penalty.
Section 39-12-37. - Rebate, concession, discrimination, or fraudulent evasion of regulation.
Section 39-12-38. - Unauthorized divulging of information by administrator’s personnel.
Section 39-12-38.1. - Records and abstract of cases.
Section 39-12-39. - Annual appropriations.
Section 39-12-40 - — 39-12-42. [Repealed.]