Chapter 412

2003 -- S 0915 SUBSTITUTE A AS AMENDED

Enacted 08/06/03

A N A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- TAXICABS AND LIMITED

PUBLIC MOTOR VEHICLES

Introduced By: Senators Alves, and Raptakis

Date Introduced: February 27, 2003

It is enacted by the General Assembly as follows:

     SECTION 1. Section 39-14-2.2 of the General Laws in Chapter 39-14 entitled "Taxicabs

and Limited Public Motor Vehicles" is hereby amended to read as follows:

39-14-2.2. Notice of change in rates. -- (a) No change shall be made in the rates, tolls,

and charges which have been filed and published by any taxicab or limited public motor vehicle

in compliance with the requirements of section 39-14-2.1 except after thirty (30) days written

notice to the administrator which shall plainly state the changes proposed to be made in the

schedule then in force, and the time when the changed rates, tolls, or charges will go into effect.

A filing fee of fifty dollars ($50.00) shall accompany all filings made pursuant to this section. All

revenues received under this section shall be deposited as general revenues. Whenever the

administrator receives notice of any change or changes proposed to be made in any schedule filed

under the provisions of section 39-14-2.1, the administrator may hold a public hearing and make

investigation as to the propriety of the proposed change or changes.

      (b) After notice of any investigation, the administrator shall have power, by any order

served upon the taxicab or limited public motor vehicle affected, to suspend the taking effect of

any change or changes pending the decision thereof, but not for a longer period than five (5)

months beyond the time when the change or changes would otherwise take effect; provided,

however, that in the event that any hearing and/or investigation shall not have been completed at

the expiration of the five (5) month period, the administrator shall have power by an order served

upon the taxicab or limited public motor vehicle affected to further suspend the taking effect of

the change or changes pending the decision thereon, but not for a longer period than three (3)

months beyond the expiration of the first mentioned five month period. Each hearing and

investigation shall be conducted as expeditiously as may be practicable, and with a minimum of

delay. Within ninety (90) days after the completion of any hearing, the administrator shall make

such order in reference to any proposed rate, toll, or charge as may be proper.

      (c) The administrator, in his or her discretion and for good cause shown, may allow the

publication of rates or charges upon notice less than that specified in this section, or may modify

the requirements of this section with respect to the posting and filing of tariffs, either in particular

instances or by general order applicable to special or peculiar circumstances or conditions. The

administrator, after hearing, may establish from time to time such reasonable rules and

regulations as he or she may deem necessary pertaining to the form of tariffs, the time and

manner of filing thereof, the suspension of rates before the same become effective, and bearing

upon the validity of any filed or existing rate. No taxicab or limited public motor vehicle shall

charge or demand or collect or receive a greater or less compensation for transportation or any

service in connection therewith between points enumerated in the tariff than the rates and charges

specified in the filed tariffs in effect at the time.

      (d) In the event of an appeal from an order of the administrator in any hearing under this

section, the order shall remain in full force and effect during the pendency of the appeal.

      (e) On or before September 1, 2001, tThe administrator shall implement a gasoline price

emergency surcharge program whereby a taxicab or limited public motor vehicle licensed under

this chapter shall be permitted to impose and collect a surcharge, not to exceed fifty cents ($.50)

per fare, during periods such times and under such conditions wherein the administrator

determines when it is determined that the average price of gasoline in this state exceeds one dollar

and fifty cents ($1.50) per gallon. Provided, that the administrator shall have discretion as to

when to permit such surcharge to be imposed, except that the administrator shall not impose the

surcharge at any time when the average price of gasoline, as determined by the administrator,

does not exceed the price of one dollar and fifty cents ($1.50) per gallon.

     SECTION 2. Section 39-12-13 of the General Laws in Chapter 39-12 entitled "Motor

Carriers of Property" is hereby amended to read as follows:

39-12-13. Alteration of common carrier rates by the administrator. -- (a) The

administrator, upon complaint of any common carrier by motor vehicle or of any person, or upon

his or her own motion, after a hearing, may allow or disallow any filed or existing rates and may

alter or prescribe the rates of common carriers in connection with the transportation of any or all

classes of property to any or between any and all points within the state and any service

connected therewith in accordance with the legal standards provided in this chapter. Whenever,

upon complaint or in any investigation on his or her own initiative, the administrator, after a

hearing shall be of the opinion that any rate or charge collected, charged, or demanded by any

common carrier by motor vehicle, or any classification, rule, regulation, or practice whatsoever of

the carrier affecting the rate, charge, or the value of the service thereunder, is or will be unjust or

unreasonable, or unjustly discriminatory, or unduly preferential, or unduly prejudicial, he or she

shall determine and prescribe the lawful rate or charge, or the maximum and/or minimum rate or

charge thereafter to be observed or the lawful classification, rule, regulation, or practice thereafter

to be effective.

      (b) On or before September 1, 2001, tThe administrator shall implement a gasoline price

emergency surcharge program whereby a person licensed under this chapter to perform "drive

away-tow away operations" shall be permitted to impose and collect a surcharge, not to exceed

fifty cents ($.50) per towing job, during periods when it is determined such times and under such

conditions wherein the administrator determines that the average price of gasoline in this state

exceeds one dollar and fifty cents ($1.50) per gallon. Provided, that the administrator shall have

discretion as to when to permit such surcharge to be imposed, except that the administrator shall

not impose the surcharge at any time when the average price of gasoline, as determined by the

administrator, does not exceed the price of one dollar and fifty cents ($1.50) per gallon.

      (c) On or before September 1, 2001, the administrator shall implement a diesel price

emergency surcharge program whereby a person licensed under sections 39-3-3, 39-3-3.1, or 39-

3-4 to perform as a "common carrier of persons and/or property upon water between termini

within the state" shall be permitted to impose and collect a surcharge, not to exceed fifty cents

($.50) for each passenger and vehicle carried, during periods when it is determined that the

average retail price of diesel fuel in this state exceeds one dollar and twenty cents ($1.20) per

gallon.

     SECTION 3. This act shall take effect upon passage.

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LC02565/SUB A

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