Current through Register 1531, September 27, 2024
Every certificated common carrier required to file a tariff is
responsible for the proper filing of its tariff.
The term "tariff" means a publication stating the rates and
charges between designated points or fixed distances of a common carrier and
all rules in connection therewith.
(1)
Form and Filing of Common Carrier Tariffs.
(a) Issuing carriers or their agents shall
file one copy of each tariff or supplement with the Department.
(b) On all tariffs filed with the Department,
the personal signature of the owner, partner or corporate officer of the motor
carrier shall appear on the title page.
(c) All tariffs or supplements thereto may be
filed electronically or by paper.
(d) Tariffs and supplements shall be
effective 30 days from the date received by the Department.
(2)
Title Page of
Tariff.
(a) Each tariff
consisting of two or more pages shall have a title page showing the name of the
company, the name of party filing the tariff, the company address and
certificate number.
(b) Each tariff
or supplement shall be designated by an individual number (located preferably
in the upper right-hand corner of page) progressing from that last filed by the
carrier or in the case of a new series from No. 1, number to be preceded by the
letters M.D.P.U. (Massachusetts Department of Public Utilities). Each shall
show plainly the date issued and the date effective.
(c) When new tariffs are issued cancelling a
tariff(s) previously filed, the M.D.P.U. number of the tariffs cancelled must
be shown immediately under the M.D.P.U. number of the new tariff.
Example: "M.D.P.U. No. 2
cancels
M.D.P.U. No. 1"
(3)
Contents of
Tariff.
(a) Tariffs shall show
plainly all requisite details to explain fully the basis of all charges to be
made and all rules and regulations governing the same and other detail
necessary for a complete understanding of the charges contemplated, such as
abbreviations, symbols, etc.
(b)
When hourly, mileage or combined hourly and mileage rates are filed, a definite
method of computing the time and determining the mileage shall be shown in the
tariff. Where rates are based wholly or in part on distance, the tariff shall
show the miles involved or indicate a method by which mileage may be
determined. Whenever mileage is in dispute, the Milo Mileage Guide shall be
used to determine the mileage.
Room rates for the transportation of household goods is
prohibited.
(c) Carriers or
their agents shall not publish rates which duplicate or conflict with other
rates published for the carrier's account.
(4)
Tariff
Supplements.
(a) Not more than
three supplements to any tariff shall be in effect at any one time.
(b) Each supplement to a tariff shall be
consecutively numbered beginning with the number one. This number and the
tariff number to which it refers shall be shown in the upper right-hand corner
of the supplement. The date of issue and effective date shall also be
shown.
(5)
Powers of Attorney and Concurrences.
(a) Whenever a carrier gives authority to an
agent to issue and file tariffs and supplements thereto in its stead, an
original power of attorney shall be filed with the Transportation Oversight
Division. The power of attorney may be revoked by the issuer or the agent on
not less than 60 days' notice to the Department.
(b) Carriers may participate in tariffs which
are issued and filed by another carrier or his agent by the giving of a proper
concurrence. The original of such concurrences shall be transmitted to the
Department with the tariff. A concurrence may be revoked on not less than 60
days' notice to the Department.
(c)
When a power of attorney or a concurrence is revoked, corresponding revisions
of all tariffs shall be made not later than the effective date contained in the
notice of revocation. The responsibility for such revision shall rest on the
carrier or broker affected.
(6)
Posting of
Tariffs. All tariffs or supplements thereto shall be kept
available for public inspection or examination at all reasonable times at the
carriers' principal places of business.
(7)
Application for Permission to
Establish Rates, Charges, Classification Ratings and Rules on Less than
Statutory Notice 30 Days. M.G.L. c. 159B, § 6 authorizes the
Department, at its discretion and for good cause shown, to permit changes in
rates on less than 30 days notice and also to modify the requirements of 220
CMR 260.02 with respect to posting and filing of tariffs in particular
circumstances or conditions.
