§ 62-146. Rates and service of motor common carriers of property.
§ 62‑146. Ratesand service of motor common carriers of property.
(a) It shall be the duty of every common carrier of householdgoods by motor vehicle to provide safe and adequate service, equipment, andfacilities for transportation in intrastate commerce and to establish, observeand enforce just and reasonable regulations and practices relating thereto,and, in the case of household goods carriers, relating to the manner and methodof presenting, marking, packing and delivering property for transportation inintrastate commerce.
(b) Except under special conditions and for good cause shown, acommon carrier by motor vehicle authorized to transport general commoditiesover regular routes shall establish reasonable through routes and joint rates,charges, and classifications with other such common carriers by motor vehicle;and such common carrier may establish, with the prior approval of theCommission, such routes, joint rates, charges and classifications with anyirregular route common carrier by motor vehicle, or any common carrier by rail,express, or water.
(c) Repealed by Session Laws 1985, c. 676, s. 15.
(d) In case of joint rates between common carriers of property,it shall be the duty of the carriers parties thereto to establish just andreasonable regulations and practices in connection therewith, and just,reasonable, and equitable divisions thereof as between the carriersparticipating therein, which shall not unduly prefer or prejudice any of suchparticipating carriers. Upon investigation and for good cause, the Commissionmay, in its discretion, prohibit the establishment of joint rates or service.
(e) Any person may make complaint in writing to the Commissionthat any rate, classification, rule, regulations, or practice in effect orproposed to be put into effect, is or will be in violation of this Article.Whenever, after hearing, upon complaint or in an investigation or its owninitiative, the Commission shall be of the opinion that any individual or jointrate demanded, charged, or collected by any common carrier or carriers by motorvehicle, or by any such common carrier or carriers in conjunction with anyother common carrier or carriers, for transportation of household goods inintrastate commerce, or any classification, rule, regulation, or practicewhatsoever of such carrier or carriers affecting such rate or the value of theservice thereunder, is or will be unjust or unreasonable or unjustlydiscriminatory or unduly preferential or unduly prejudicial, it shall determineand prescribe the lawful rate or the minimum or maximum, or the minimum andmaximum rate thereafter to be observed, or the lawful classification, rule,regulation, or practice thereafter to be made effective.
(f) Whenever, after hearing upon complaint or upon its own initiative,the Commission is of the opinion that the divisions of joint rates applicableto the transportation of household goods in intrastate commerce between acommon carrier by motor vehicle and another carrier are or will be unjust,unreasonable, inequitable, or unduly preferential or prejudicial as between thecarriers parties thereto (whether agreed upon by such carriers or otherwiseestablished), the Commission shall by order prescribe the just, reasonable, andequitable division thereof to be received by the several carriers; and in caseswhere the joint rate or charge was established pursuant to a finding or orderof the Commission and the divisions thereof are found by it to have beenunjust, unreasonable, or inequitable or unduly preferential or prejudicial, theCommission may also by order determine what would have been the just,reasonable, and equitable divisions thereof to be received by the severalcarriers and require adjustment to be made in accordance therewith. The orderof the Commission may require the adjustment of divisions between the carriersin accordance with the order from the date of filing the complaint or entry oforder of investigation or such other dates subsequent thereto as the Commissionfinds justified, and in the case of joint rates prescribed by the Commission,the order as to divisions may be made effective as a part of the originalorder.
(g) In any proceeding to determine the justness orreasonableness of any rate of any common carrier of household goods by motorvehicle, there shall not be taken into consideration or allowed as evidence anyelements of value of the property of such carrier, good will, earning power, orthe certificate under which such carrier is operating, and such rates shall befixed and approved, subject to the provisions of subsection (h) hereof, on thebasis of the operating ratios of such carriers, being the ratio of theiroperating expenses to their operating revenues, at a ratio to be determined bythe Commission; and in applying for and receiving a certificate under thisChapter any such carrier shall be deemed to have agreed to the provisions ofthis paragraph, on its own behalf and on behalf of every transferee of suchcertificate or of any part thereof.
(h) In the exercise of its power to prescribe just andreasonable rates and charges for the transportation of household goods inintrastate commerce by common carriers by motor vehicle, and classifications,regulations, and practices relating thereto, the Commission shall give dueconsideration, among other factors, to the inherent advantages oftransportation by such carriers; to the effect of rates upon movement oftraffic by the carrier or carriers for which rates are prescribed; to the needin the public interest of adequate and efficient transportation service by suchcarriers at the lowest cost consistent with the furnishing of such service; andto the need of revenues sufficient to enable such carriers under honest,economical, and efficient management to provide such service.
(i) Nothing in this section shall be held to extinguish anyremedy or right of action not inconsistent herewith. This section shall be inaddition to other provisions of this Chapter which relate to public utilitiesgenerally, except that in cases of conflict between such other provisions andthis section, this section shall prevail for motor carriers. (1947, c. 1008, s. 23; 1949, c. 1132, s. 22; 1963, c.1165, s. 1; 1985, c. 676, s. 15(5); 1995, c. 523, s. 9.)