TITLE 39
Public Utilities and Carriers

CHAPTER 39-12
Motor Carriers of Property

SECTION 39-12-16


§ 39-12-16 Duty of contract carriers to establish reasonable rates – Publication of rate schedules – Rate discrimination – Rebates.

(a) It shall be the duty of every contract carrier by motor vehicle to establish and observe reasonable rates and charges for any service rendered or to be rendered in the transportation of property, and to establish and observe reasonable regulations and practices to be applied in connection with the reasonable rates and charges.

(b) It shall be the duty of every contract carrier by motor vehicle to publish, file with the administrator on not less than thirty (30) days notice, and keep open for public inspection in the form and manner prescribed by the administrator, schedules containing the actual rates and charges of the carrier, and any rule, regulation, or practice affecting the rates or charges, and the value of the service thereunder. A filing fee of fifty dollars ($50.00) must accompany all filings made pursuant to this section. All revenues received under this section shall be deposited as general revenues.

(c) No contract carrier shall engage in the transportation of property, unless the effective contract or contracts are in force, and a copy or copies filed with the administrator, and/or unless the actual charges for transportation by the carrier have been published, filed, and posted in accordance with the provisions of this chapter. No contract shall be filed nor reduction made in any charge, either directly or by means of any change in any rule, regulation, or practice affecting the charge or the value of the service under the contract, except after thirty (30) days notice of the proposed change filed in the manner and form as provided in subsection (b) of this section; provided, that the administrator may, in his or her discretion and for good cause shown, allow the change upon less notice, or may modify the requirements of this section with respect to the posting and filing of the schedules, either in particular instances or by general order, applicable to special or peculiar circumstances or conditions.

(d) The schedule of actual rates of every contract carrier shall contain a list of all parties with whom contracts are or may from time to time be in effect, without designation of the party for whom the motor carrier services are being or are to be performed.

(e) No carrier shall demand, or collect, or charge a less compensation for transportation than the charge contained in his or her written contract and published in his or her schedule of actual rates on file with the administrator, or prescribed after a hearing by the administrator; and it shall be unlawful for any contract carrier, by the furnishing of special services, facilities, or privileges, or by any other device whatsoever, to charge, accept, or receive less than the actual rates and charges so filed or prescribed. The charges of the contract carriers shall be no less than those of common carriers for substantially the same or similar service.

History of Section.
(P.L. 1935, ch. 2268, art. 4, § 5; G.L. 1938, ch. 99, art. 4, § 5; P.L. 1946, ch. 1805, § 1; G.L. 1956, §§ 39-12-20, 39-12-21; G.L. 1956, § 39-12-16; P.L. 1958, ch. 87, § 1; P.L. 1992, ch. 133, art. 34, § 5; P.L. 1995, ch. 370, art. 40, § 118; P.L. 1996, ch. 316, § 1; P.L. 1997, ch. 326, § 113.)