Public Utilities and Carriers
Motor Carriers of Property
§ 39-12-16 Duty of contract carriers to
establish reasonable rates Publication of rate schedules Rate
(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
(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.)