§ 39-12-14. Factors governing determination of just and reasonable rates — Burden of proof.
In the exercise of power to prescribe just and reasonable rates and charges for the transportation of property by common carriers by motor vehicle, and classifications, regulations, and practices relating thereto, and to disallow rates filed by any carriers, the administrator shall give due consideration, among other factors, to the inherent advantages of transportation by the carriers; to the effect of rates upon the movement of traffic by the carrier or carriers for which the rates are prescribed; to the need, in the public interest, of adequate and efficient transportation service of the carriers at the lowest cost consistent with the furnishing of the service; and to the need of revenues sufficient to enable the carriers under honest, economical, and efficient management to provide such service. In any proceeding to determine the justness and reasonableness of any rates or charges of any common carrier, there shall not be taken into consideration or allowed, as evidence or elements of value of the property of the carrier, either good will, earning power, or the certificate under which the carrier is operating. At any hearing involving a change in rates, charges, or classification, or in a rule, regulation, or practice, the burden of proof shall be upon the carrier to show that the proposed rule, changed rate, charge, classification, regulation, or practice is just and reasonable.
History of Section.G.L. 1938, ch. 99, art. 3, § 3; P.L. 1946, ch. 1805, § 1; G.L. 1956, § 39-12-13; G.L. 1956, § 39-12-14; P.L. 1958, ch. 87, § 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.]