N.Y.
Transportation Law Section 159
Complaints as to rates, fares and service
1.
Upon the complaint in writing of the county executive or board of supervisors of a county, the mayor of a city, the trustees or mayor of a village or the town board of a town in which a common carrier of passengers by motor vehicle is authorized to operate, or upon the complaint in writing of not less than twenty-five persons in any such municipality, or upon complaint of a common carrier of passengers by motor vehicle supplying such service, as to the rates, fares or charges demanded, received or collected, or as to the methods employed in furnishing such service or as to the amount of service furnished or as to extension of a route or routes, the commissioner or a representative of the commissioner may inspect the property, equipment and appliances and methods used by such common carrier of passengers by motor vehicle in furnishing such service, and may cause an investigation as to the necessity of any proposed extensions, and may examine or cause to be examined the books and papers of such common carrier of passengers by motor vehicle pertaining to such service in such municipality. The form and contents of complaints made as provided in this section shall be prescribed by the commissioner. Such complaints shall be signed by the officers, or by the persons making them, who must add to their signatures their places of residence, by street and number, if any.2.
Before proceeding under a complaint presented as provided in subdivision one of this section, the commissioner shall cause notice of such complaint, and the purpose thereof, to be served upon the common carrier of passengers by motor vehicle affected thereby. Such common carrier of passengers by motor vehicle shall have an opportunity to be heard in respect to the matters complained of at a time and place to be specified in such notice. An investigation may be instituted by the commissioner as to any matter of which complaint may be made, as provided in subdivision one of this section, or to ascertain the facts requisite to the exercise of any powers. After a hearing and after such an investigation as shall have been made, the commissioner may, by order, fix the just and reasonable rates, fares and charges to be charged by the common carrier of passengers by motor vehicle for the service to be furnished and the amount of service furnished, and may order such extension of an existing route or routes as is deemed necessary, and may order such improvement in such service, or in the methods employed by such common carrier of passengers by motor vehicle as will be adequate, just and reasonable. Any change in rates, fares, charges, routes or amount of service shall be upon such terms, conditions or safeguards as the commissioner may prescribe. If it shall be made to appear to the satisfaction of the commissioner that the public interest requires a change in rates, fares, charges, routes or service or that such change is necessary for the purpose of providing adequate and efficient service, or for the preservation of the property, the commissioner, upon such terms, conditions or safeguards as are deemed proper, may authorize an immediate, reasonable, temporary increase or decrease in such rates, fares, charges, routes or service pending a final determination of the rates, fares, charges, routes and service to be thereafter charged by such common carrier of passengers by motor vehicle. The terms, conditions or safeguards prescribed may include provisions for the purposes for which the additional revenue derived from any such temporary increase may be expended and for the impounding thereof until the same shall be applied to the purposes so specified. The rate or fare fixed by the commissioner under this section shall be the rate or fare to be charged by such common carrier of passengers by motor vehicle for the service to be furnished until the commissioner shall fix in the manner heretofore described a higher or lower rate or fare to be thereafter charged. In determining the rates and fares to be charged or the service to be furnished or the necessity of extension of an existing route or routes, the commissioner may consider all facts which have any bearing upon a proper determination of the question although not set forth in the complaint and not within the allegations contained therein, with due regard among other things to revenue levels that are necessary and adequate under efficient management to cover total operating expenses plus a reasonable profit. At any hearing involving a rate, the burden of proof to show that the change in rate or fare if proposed by the common carrier of passengers by motor vehicle, or that the existing rate or fare, if on motion of the commissioner or in a complaint filed with the commissioner it is proposed to reduce the rate or fare, is just and reasonable shall be upon the common carrier of passengers by motor vehicle and the commissioner may give to the hearing and decision of such questions preference over all other questions pending and decide the same as speedily as possible.
Source:
Section 159 — Complaints as to rates, fares and service, https://www.nysenate.gov/legislation/laws/TRA/159 (updated Sep. 22, 2014; accessed Oct. 26, 2024).
