Sec. 216 or advantage prohibited. Undue preference ence or advantage to any particular person, port, gateway, locality, or description of traffic in any respect whatsoever, or to subject any particular person, port, Unjust discrimi- gateway, locality, or description of traffic to any unjust nation prohibited. Provisions inapplicable to traffic of other carriers. whom made. Investigations, hearing. to complaint or investigation. discrimination or any undue or unreasonable prejudice or disadvantage in any respect whatsoever: Provided, however, That this paragraph shall not be construed to apply to discriminations, prejudice or disadvantage to the traffic of any other carrier of whatever description. (e) 'Any person, State board, organization, or body politic may make complaint in writing to the Commission Complaints, by that any such rate, fare, charge, classification, rule, regulation, or practice, in effect or proposed to be put into effect, is or will be in violation of this section or of section 217. Whenever, after hearing, upon complaint or inan investigation on its own initiative, the Commission shall be of the opinion that any individual or joint rate, fare, or charge, demanded, charged, or collected by any common carrier or carriers by motor vehicle or by any common carrier or carriers by motor vehicle in conjunction with any common carrier or carriers by railroad Matters subject and/or express, and/or water for transportation in interstate or foreign commerce, or any classification, rule, regulation, or practice whatsoever of such carrier or carriers affecting such rate, fare, or charge or the value of the service thereunder, is or will be unjust or unreasonable, or unjustly discriminatory or unduly preferential or unduly prejudicial, it shall determine and prescribe the lawful rate, fare, or charge or the maximum or minimum, or maximum and minimum rate, fare, or charge thereafter to be observed, or the lawful classification, -regulation, etc. rule, regulation, or practice thereafter to be made effective and the Commission shall, whenever deemed by it to be necessary or desirable in the public interest, after hearing, upon complaint or upon its own initiative with-through routes out a complaint, establish through routes and joint rates, fares, charges, regulations, or practices, applicable to the transportation of passengers by common carriers by motor vehicle, or the maxima or minima, or maxima and minima, to be charged, and the terms and conditions under which such through routes shall be operated/ProIntrastate com- vided, however, That nothing in this part shall empower Prescription of lawful rate, etc. and joint rates. merce excepted. Complaints under part I, sec. 13; orders of Commission, sec. 15 (1), (3), ante. Sec. 216 the Commission to prescribe, or in any manner regulate, the rate, fare, or charge for intrastate transportation, or for any service connected therewith, for the purpose of removing discrimination against interstate commerce discrimination or for any other purpose whatever, 6 against interstate commerce ex cepted. divisions of joint effect of order. (f) Whenever, after hearing, upon complaint or upon its own initiative, the Commission is of opinion that the divisions of joint rates, fares, or charges, applicable to the transportation in interstate or foreign commerce of Prescription of passengers or property by common carriers by motor rates. vehicle or by such carriers in conjunction with common carriers by railroad and/or express, and/or water are or will be unjust, unreasonable, inequitable, or unduly preferential or prejudicial as between the carriers parties thereto (whether agreed upon by such carriers, or any of them, or otherwise established), the Commission shall by order prescribe the just, reasonable, and equitable divi- retroactive sions thereof to be received by the several carriers, and in cases where the joint rate, fare, or charge was established pursuant to a finding or order of the Commission. and the divisions thereof are found by it to have been. unjust, unreasonable, or inequitable, or unduly preferential or prejudicial, the Commission may also by order determine what would have been the just, reasonable, and equitable divisions thereof to be received by the several carriers, and require adjustment to be made in accordance therewith. The order of the Commission may require the adjustment of divisions between the carriers, in ac- Date from which cordance with the order, from the date of filing the com- tive. plaint or entry of order of investigation or such other date subsequent as the Commission finds justified and, in the case of joint rates prescribed by the Commission, the order as to divisions may be made effective as a part of the original order. 7 adjustment effec (g) Whenever there shall be filed with the Commission any schedule stating a new individual or joint rate, fare, charge, or classification for the transportation of passengers or property by a common carrier or carriers Investigation of by motor vehicle, or by any such carrier or carriers in fication, regulaconjunction with a common carrier or carriers by railroad and/or express, and/or water in interstate or Similar provisions under part I, sec. 15 (6), ante. ་ Similar provisions under part I, sec. 15 (7), ante; as to contract carriers, sec. 218 (c), post. new rate, classi tion, or practice. Sec. 216 -on complaint of Commission. -hearing. -notice. ing decision. sion. foreign commerce, or any rule, regulation, or practice affecting such rate, fare, or charge, or the value of the service thereunder, the Commission is hereby authorized and empowered upon complaint of any interested party or on initiative or upon its own initiative at once and, if it so orders, without answer or other formal pleading by the interested carrier or carriers, but upon reasonable notice, to enter upon a hearing concerning the lawfulness of such rate, fare, or charge, or such rule, regulation, or practice, and pending such hearing and the decision thereon the Suspension pend. Commission, by filing with such schedule and delivering to the carrier or carriers affected thereby a statement in writing of its reasons for such suspension, may suspend the operation of such schedule and defer the use of such rate, fare, or charge, or such rule, regulation, or Period of suspen- practice, for a period of ninety days and if the proceeding has not been concluded and a final order made within such period the Commission may, from time to time, extend the period of suspension by order, but not for a longer period in the aggregate than one hundred and eighty days beyond the time when it would otherwise go into effect; and after hearing, whether completed before or after the rate, fare, charge, classification, rule, regulation, or practice goes into effect, the Commission may make such order with reference thereto as would be proper in a proceeding instituted after it had become effective. If the proceeding has not been concluded and an order made within the period of suspension, the proposed change of rate, fare, or charge, or classification, rule, regulation, or practice, shall go into effect at the end of such Initial schedules period: Provided, That this paragraph shall not apply to any initial schedule or schedules filed by any such carrier in bona fide operation when this section takes effect. -extension. Order as to such rate, etc. New rate, etc., of operating carriers excepted. (h) In any proceeding to determine the justness or reasonableness of any rate, fare, or charge of any such carrier, there shall not be taken into consideration or alValue, good will, lowed as evidence or elements of value of the property earning power, and certificate not considered. of such carrier, either good will, earning power, or the certificate under which such carrier is operating; and in applying for and receiving a certificate under this part any such carrier shall be deemed to have agreed to the provisions of this paragraph, on its own behalf and on Acceptance of certificate, effect. behalf of all transferees of such certificate. 'Valuation of carriers under part I, sec. 19a, ante. 10 Secs. 216-217 making. sidered in pre (i) • In the exercise of its power to prescribe just and reasonable rates for the transportation of passengers or Rule of rateproperty by common carriers by motor vehicle the Commission shall give due consideration, among other factors, to the inherent advantages of transportation by such carriers 1o to the effect of rates upon the movement of matters contraffic by such carriers; to the need, in the public interest, scription of rates. of adequate and efficient transportation service by such carriers at the lowest cost consistent with the furnishing of such service; and to the need of revenues sufficient to enable such carriers, under honest, economical, and efficient management, to provide such service. (j) Nothing in this section shall be held to extinguish Existing remedies any remedy or right of action not inconsistent herewith. and rights pre TARIFFS OF COMMON CARRIERS BY MOTOR VEHICLE served. 949 Stat. L. 560. by motor vehicle, and filing; open SEC. 217. [Added August 9, 1935.] [U. S. Code, Sup. I, title 49, sec. 317.] (a)1 Every common carrier by motor Common carriers vehicle shall file with the Commission, and print, and tariffs, printing keep open to public inspection, tariffs showing all the to public. rates, fares, and charges for transportation, and all services in connection therewith, of passengers or property in interstate or foreign commerce between points on its own route and between points on its own route and points on the route of any other such carrier, or on the route of any common carrier by railroad and/or express and/or water, when a through route and joint rate shall have been established. Such rates, fares, and charges shall be Statement in stated in terms of lawful money of the United States. money. The tariffs required by this section shall be published, filed, and posted in such form and manner, and shall contain such information, as the Commission by regulations shall prescribe; and the Commission is authorized Regulations as to to reject any tariff filed with it which is not in consonance and posting. with this section and with such regulations. Any tariff Rejection of so rejected by the Commission shall be void and its use shall be unlawful. United States publishing, filing, tariffs, effect. Published tariffs (b) No common carrier by motor vehicle shall charge to be strictly or demand or collect or receive a greater or less or differ 'Similar provision under part I, sec. 15a (2), ante. 10 At this point semicolon is evidently intended, but none appears in the enrolled bill. 'Similar provisions under part I, sec. 6 (1), (6), (9), ante. 'Transportation without schedules filed, prohibited under part L, sec. 6 (7), ante. observed. Secs. 217-218 Rebates; forbidden privileges or facilities. Permissible free or reduced rate transportation. Changes in rates, etc. Notice. ent compensation for transportation or for any service in connection therewith between the points enumerated in such tariff than the rates, fares, and charges specified in the tariffs in effect at the time; and no such carrier shall refund or remit in any manner or by any device, directly or indirectly, or through any agent or broker or otherwise, any portion of the rates, fares, of charges so specified, or extend to any person any privileges or facilities for transportation in interstate or foreign commerce except such as are specified in its tariffs: Provided, That the provisions of sections 1 (7) and 22 (1) of part I shall apply to common carriers by motor vehicles subject to this part. (c) No change shall be made in any rate, fare, charge, or classification, or any rule, regulation, or practice affecting such rate, fare, charge, or classification, or the value of the service thereunder, specified in any effective tariff of a common carrier by motor vehicle, except after 30 days' notice of the proposed change filed and posted in accordance with paragraph (a) of this section. Such Changes plainly notice shall plainly state the change proposed to be made and the time when such change will take effect. The Commission may, in its discretion and for good cause shown, allow such change upon notice less than that herein specified or modify the requirements of this section with respect to posting and filing of tariffs either in particular instances or by general order applicable to special or peculiar circumstances or conditions. stated; time effective. Modification of requirements by Commission. Engaging in transportation without lawful tariffs prohibited. Echedules or con (d) No common carrier by motor vehicle, unless otherwise provided by this part, shall engage in the transportation of passengers or property unless the rates, fares, and charges upon which the same are transported by said carrier have been filed and published in accordance with the provisions of this part. SCHEDULES OF CONTRACT CARRIERS BY MOTOR VEHICLE SEC. 218. [Added August 9, 1935.] [U. S. Code, Sup. I, Contract carriers, title 49, sec. 318.] (a)1 It shall be the duty of every contracts, publica- tract carrier by motor vehicle to file with the Commis49 Stat. L. 561. Sion, publish, and keep open for public inspection, in the form and manner prescribed by the Commission, tion. 8 Similar provisions under part I, sec. 6 (3), ante. I, sec. 6 (7), ante. 1 Similar provisions under part I, sec. 6 (1), (3), (7), ante. |