New York Codes, Rules and Regulations
Title 17 - DEPARTMENT OF TRANSPORTATION
Chapter VI - Transportation Regulations
Subchapter E - Motor Carriers
Article 4 - Rates and Charges
Part 826 - Construction And Filing Of Tariffs Of Common Carriers

Statutory authority: Transportation Law, §§98, 99, 142, 161, 172

FOREWORD

The commissioner will not prescribe initial (first) rates or charges for motor carriers. The Transportation Law leaves such rates or charges to the discretion of the carriers. After the initial rates become effective, the commissioner may, upon complaint or upon his own initiative, require changes in rates or charges if he finds them to be unlawful, or prescribe new rates or charges, but only after a formal hearing.

Carriers and agents already using printed[FN*] tariffs or schedules may, if they so desire, apply appropriate DOT-NY-M.T. designations and file such publications, including all supplements, with the commissioner as their initial tariffs or schedules, provided that such publications meet the general requirements of this Part. Whenever tariffs or schedules already printed are used for filing, a DOT-NY-M.T. number, a new effective date, and numbers of governing tariffs, if any, must be shown and may be applied with pen and ink. If references to New York intrastate powers of attorney or concurrences are necessary to be shown in any such tariff, they may be added by a supplement which must be filed with the tariff and bear the same effective date. The effective date of each initial filing should be set far enough ahead so that the documents can be received by the commissioner at least one day before such effective date. This ruling applies only to the first tariffs or schedules filed with the Department of Transportation, State of New York, and expires with June 30, 1939. Initial tariffs may be presumed to comply with the law and the commissioner's rules unless and until the parties filing them are advised to the contrary by the commissioner, in which event such parties will be directed to bring the initial tariffs into conformity with the law and the commissioner's rules and will be afforded reasonable opportunity to do so. Failure to comply reasonably with such directions will constitute ground for rejecting the initial tariffs. All tariff publications filed after the initial tariffs or schedules have been filed must fully comply with the law and this Part unless departures are specifically authorized by the commissioner.

Numerous operators have sent the commissioner copies of their tariffs that were required to be filed with Interstate Commerce Commission, and they were returned with an appropriate letter of explanation. Such documents must not be considered as ever having been filed with Department of Transportation, State of New York.

[FN*] Printed includes reproduction by mimeograph, planograph, stereotype or other similar durable process, and does not mean typewritten.