N.Y. Comp. Codes R. & Regs. tit. 17 § 826.4

Current through Register Vol. 46, No. 50, December 11, 2024

Section 826.4 - Contents of tariffs

Tariffs shall contain, in the order named:

(a) Table of contents. Table of contents, alphabetically arranged, showing the number of the page on which each subject may be found. If a tariff contains so small a volume of matter that its title page or interior arrangement plainly discloses its contents, the table of contents may be omitted.

(b) Index of commodities. A complete index of all commodities on which specific rates are named therein, together with reference to the page or items in which they are shown. No index need be shown in tariffs of less than five pages or if all the rates to each destination are alphabetically arranged by commodities.

(c) Explanation of abbreviations. Explanation of all abbreviations, symbols, and reference marks used in the tariff. Such explanation may be omitted provided each abbreviation, symbol, and reference mark is explained at the bottom of each page where it is used.

(d) Classification of articles.

(1) When a tariff names rates by classes, a classification of articles must be published in the tariff or in a separate tariff. When a classification is published in a separate tariff, reference must be made on the title page of the rate tariff to the separate classification.

Example: Governed, except as otherwise provided herein by (here name the classification, state its DOT-NY-M.T. number, and the name of the issuing agent), supplements thereto, or successive issues thereof.

(2) All carriers shown as participating carriers in a rate tariff which is governed by a separate classification must be named as participating carriers in such separate classification.

(3) If a tariff is to be governed by any other separate tariff, appropriate reference thereto must be made in the manner shown above.

(e) Table of rates.

(1) All rates must be explicitly stated in cents or in dollars and cents, per 100 pounds, per mile, per hour, per cubic foot, per ton of 2,000 pounds, per ton of 2,240 pounds, per truckload (of stated amount), or other definable measure.

(2) Where rates are stated in amounts per package or bundle, definite specifications of the packages or bundles must be shown.

(3) Tariffs containing tables of rates based on distances from point of origin to destination must show the mileages or give reference to a separate publication, on file with the commissioner, containing such distances.

(4) Carriers or their agents may not publish rates which duplicate or conflict with corresponding rates published by or for account of such carriers.

(f) Exemptions. Carriers or their agents may not publish rates for New York intrastate transportation of commodities the transportation of which is exempted under section 160 of the Transportation Law or under any amendment to said law hereafter made, unless a notation substantially as follows is published in connection with each such item, commodity or rate:

The transportation of this commodity is not subject to the jurisdiction of the Commissioner of Transportation, State of New York.

(g) The following provisions shall be published by carriers or their agents to govern the application of rates for transportation to be performed over routes or in territory not directly authorized by their certificate as provided by the contemporaneously effective order of the commissioner in Part 831 of this Title.

(1) A carrier whose certificate is stated only in terms of regular routes, either with or without authority to serve off-route points, is required to publish a rule substantially as follows:

"The rates named herein apply from, to or between all points on the routes specified in, and off-route points named in the certificate of public convenience and necessity issued to (Name of Carrier) by the Department of Transportation, State of New York, from, to or between which service is authorized by said certificate via all junction points to and from which service is authorized thereby, except as follows:

(i) If the tariff involved is published by an agent for several carriers, the language of the rule should be modified by providing a statement of its applicability to each regular route carrier and the exceptions, if any, as to each such carrier.

(ii) In specifying the exceptions, either in an individual tariff or agency tariff, such exceptions and, in the case of the agency tariff, the statement of applicability to each regular route carrier may be published in a separate tariff. Such tariff must be issued solely for that purpose. The rate tariff or tariffs must make appropriate reference to the governing tariff.

(2) A carrier whose certificate is stated only in terms of territories, i.e. from, to or between named counties, cities, commercial zones, villages, towns or unincorporated communities, may exercise the authority to combine the several segments of its certificated operating authority only when and to the extent specifically stated in the carrier's rate tariffs or governing tariffs by a rule substantially as follows:

"Under authority of the Department of Transportation, State of New York, [Part 831 of this Title], dated May 16, 1955, the rates in this tariff apply on the commodities named from the points, counties, or territories listed below in Column A to the points, counties or territory listed in Column B, via the counties, territories or junction points listed in Column C.

(i) If the tariff involved is published by an agent for several carriers, the language of the rule should be modified by providing a statement of its applicability to each carrier by consecutively numbered paragraphs of the rule.

(ii) The rule specified in this paragraph may be published in a separate tariff issued solely for that purpose, provided that the rate tariff or tariffs make appropriate reference to such governing tariff.

(3) A carrier whose certificate is stated in terms of both regular routes and territories shall as to the regular routes comply with the rule specified in paragraph (1) of subdivision (g) above, and it may combine segments of the authorities stated in territories or segments of said territorial authorities with its regular route, provided that the rule specified in paragraph (2) of this subdivision is observed.

(4)

(i) Except as to carriers who have filed a request with the department to have their respective certificates amended to conform with operations that they may have providing pursuant to the provisions of this subdivision in accordance with the order of the Commissioner of Transportation dated October 9, 1979 in Case 11024, the provisions of this subdivision shall be inapplicable on and after February 1, 1980.

(ii) The provisions of this subdivision shall become ineffective with respect to carriers who have filed a request in accordance with the provisions of the aforesaid order, when an order determining such request with respect to such carrier has been made.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 826.4