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
Section 826.10 - Concurrences

(a) General requirements.

The following forms shall be used in giving to carriers concurrences in tariffs which are issued and filed by such carriers or their agents and in which the carriers giving concurrences are participants. The provisions of subdivisions (g) and (h) of section 826.9 of this Part will apply also to concurrences. If two or more carriers execute powers of attorney authorizing an agent to publish joint rates for them, it will not be necessary for those carriers to exchange concurrences with each other as to the joint tariffs issued by that agent under that authority.

(b) Form for a particular tariff.

Form DOT-NY M.T. 3 shall be used in giving concurrence in a particular tariff that is issued and filed by another carrier. The original of form DOT-NY M.T. 3 shall be forwarded to the carrier issuing the tariff and shall by such carrier be transmitted to the commissioner with the tariff. This form when not restricted will serve as continuing evidence of participation in the tariff described in the concurrence and in all supplements to and successive issues thereof. If reference to successive issues be stricken out, a new concurrence will be required for each successive issue of the tariff. Except as provided above, this form shall not be qualified in any way but must evidence concurrence in all rates, rules, or other provisions contained in the tariff publication named therein.

CONCURRENCE

DOT-NY M.T. 3-No. ____

Cancels DOT-NY M.T. 3-No.____

(Name of carrier)

(Place and date) 19__

To New York State Department of Transportation

1220 Washington Ave.

Albany, New York 12226

This is to certify that (Name of carrier giving this concurrence; see Note 1, § 826.9, subd.[b]) assents to and concurs in the publication and filing of the freight rate tariff described below, filed by (show name of issuing carrier to which concurrence is given),together with supplements thereto and successive issues thereof, and that said concurring carrier hereby makes itself a party thereto and bound thereby, until this authority is revoked by formal and official notice of revocation filed with Department of Transportation, State of New York, and sent to the carrier to which this concurrence is given.

(Here give correct title of the tariff, including the name of the issuing carrier, the DOT-NY M.T. number, dates on which issued and effective, and name and title of officer by whom issued).

(Name of carrier giving concurrence)

By_________

(Signature)

(Title)

(c) Form for general concurrence.

A general concurrence may be given by a carrier in tariffs issued by another carrier or an agent acting only for the carrier to which concurrence is given naming rates from or to points on the concurring carrier's lines or over its lines. For this purpose, form DOT-NY M.T. 4 shall be used, Form DOT-NY M.T. 4 may be executed as shown, when it will authorize publication of rates for the concurring carrier from and to points served by such carrier as well as from and to points served by other carriers where the concurring carrier acts as an intermediate line. If it is desired to limit the authority granted to exclude publication of rates in connection with which the concurring carrier would act as either origin, intermediate or destination line, the form may be modified to that extent by substituting the words "from-to" for the words "between-and" or by use of other appropriate language to effect the desired modification. Authority given to an agent by such concurrence is identical with that given to the carrier to which the concurrence is given, and care must be exercised so that the rates published for the concurring carrier do not exceed the scope of the authority so given.

CONCURRENCE

DOT-NY M.T. 4-No. ____

Cancels DOT-NY M.T. 4-No.____

(Name of carrier)

(Place and date) 19__

To New York State Department of Transportation

1220 Washington Ave.

Albany, New York 12226

This is to certify that (Name of carrier giving this concurrence; see Note 1, § 826.9, subd.[b]) assents to and concurs in the publication and filing of any freight rate tariff or supplement thereto, which (name of carrier to which concurrence is given) or such carrier's agent may publish and file, and in which the said (name of carrier giving concurrence) is shown as a participating carrier, and that such concurring carrier hereby makes itself a party thereto and bound thereby insofar as such tariff names rates between points on the lines or routes of (show name of carrier to which concurrence is given), on the one hand, and points on the lines or routes of (show name of carrier giving this concurrence), on the other; or rates in connection with which (show name of carrier giving this concurrence) acts as intermediate line between points on the lines or routes of (show name of carrier to which concurrence is given) on the one hand, and points on the lines or routes of other carriers parties to such tariff, on the other, until this authority is revoked by formal and official notice of revocation filed with Department of Transportation, State of New York, and sent to the carrier to which this concurrence is given.

(Name of carrier)

By_________

(Signature)

(Title)

Duplicate mailed to__________at (show complete address).

(d) Revocation.

A concurrence may be revoked upon not less than 60 days' notice to the commissioner by filing a notice of revocation with the commissioner, serving at the same time a copy thereof on the carrier to which such concurrence was given. Such notice shall not bear a separate serial number, but shall specify the form and number of the concurrence to be revoked, shall name the carrier in whose favor issued, and shall specify a date upon which revocation is to become effective, which must be not less than 60 days subsequent to the date of its receipt by the commissioner. The revocation notice shall be as follows:

REVOCATION NOTICE

(Name of carrier)

(Place and date)19__

To New York State Department of Transportation

1220 Washington Ave.

Albany, New York 12226

Effective ____, 19 __, concurrence form N.Y.-M.T.__ No. __, issued by __________ (name of carrier) in favor of ____________ (here show name of carrier in whose favor concurrence was issued) is hereby canceled and revoked.

(Name of carrier)

By (Signature)

(Title)

Duplicate mailed ____ to ____ at ____

(e) Revocation; tariff revisions required.

When a power of attorney or concurrence is revoked, corresponding revision of the tariff or tariffs should be made effective upon statutory notice not later than the effective date stated in the notice of revocation. In the event of failure so to revise the applicable tariff or tariffs, the rates in such tariff or tariffs remain in effect until lawfully canceled. In the case of joint rates, the carrier having revoked its power of attorney or concurrence is thereafter entitled to earn its local rates. If the tariff is published by a carrier, such carrier will be held liable to the carrier having revoked the concurrence for the difference in charges under the tariff as it is and as it would have been if corrected in accordance with revocation of concurrence. In the case of tariffs published by an agent, the other carriers constituting the through joint route will be held responsible for such differences in charges.

(f) Duplicating authority.

In giving concurrences care must be taken to avoid duplicating authority to two or more carriers which, if used, would result in conflicting rates or rules.