§ 39-12-12 Establishment of rates and
charges of common carriers – Rate discrimination – Rebates. –
It shall be the duty of every common carrier of property by motor vehicle to
establish, observe, and enforce just, reasonable, and reasonably compensatory
rates, charges, and classification, and reasonable regulations and practices
relating thereto, which shall become effective on a date fixed by the carrier,
which shall be at least thirty (30) days after the filing of the tariff
containing the rates, charges, and classification, unless suspended by the
administrator, prior to the effective date of the tariff or classification,
upon complaint of any person, organization, or body politic or by the
administrator on his or her own motion. No change shall be made in any rate,
charge, classification, or any rule, regulation, or practice affecting the
rate, charge, or classification, or the value of the service thereunder
specified in any tariff of a common carrier by motor vehicle, except after
thirty (30) days notice of the proposed change filed and posted in accordance
with § 39-12-11. The notice shall plainly state the changes proposed to be
made and the time when the change will take effect. The administrator, in his
or her discretion and for good cause shown, may allow the publication of rates
or charges or a change in classification therein, 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 and classifications, either in
particular instances or by general order applicable to special or peculiar
circumstances or conditions. The administrator, after a 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, classifications, or supplements
thereto, the time and manner of filing thereof, the suspension of rates before
the rates become effective, and bearing upon the validity of any filed or
existing rate. No common carrier of property by 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; and no carrier shall refund or remit in any manner or by any device,
directly or indirectly, or through any other person, any portion of the rates
or charges so specified, or extend to any person any privileges or facilities
for transportation in intrastate commerce, except such as are specified in its
tariffs.
(P.L. 1935, ch. 2268, art. 3, § 3; G.L. 1938, ch. 99, art. 3, § 3;
P.L. 1946, ch. 1805, § 1; G.L. 1956, §§ 39-12-8 – 39-12-11;
G.L. 1956, § 39-12-12; P.L. 1958, ch. 87, § 1; P.L. 1997, ch. 326,
§ 113.)