107 - Long and short hauls. - New York Statutes

§ 107. Long and short hauls. It shall be unlawful for any common carrier subject to the provisions of this chapter to charge or receive any greater compensation in the aggregate for the transportation of passengers, or of like kind of property, for a shorter than for a longer distance over the same line or route in the same direction, the shorter being included within the longer distance, or to charge any greater compensation as a through rate than the aggregate of the intermediate rates subject to the provisions of this chapter; but this shall not be construed as authorizing any common carrier to charge or receive as great compensation for a shorter as for a longer distance; provided, however, that upon application to the commissioner such common carrier may in special cases, after investigation, be authorized by the commissioner to charge less for longer than for the shorter distances for the transportation of passengers or property; and the commissioner may from time to time prescribe the extent to which such designated common carrier may be relieved from the operation of this section. Provided further, that any such carrier or carriers operating over a circuitous line or route may, subject only to the standards of lawfulness set forth in this chapter and without further authorization, meet the charges of such carrier or carriers of the same type operating over a more direct line or route, to or from the competitive points, provided that rates so established over circuitous routes shall not be evidence on the issue of the compensatory character of rates involved in other proceedings; and provided further, that tariffs proposing rates subject to the provisions of this section requiring the commissioner's authorization may be filed when application is made to the commissioner under the provisions hereof, and in the event such application is approved, the commissioner shall permit such tariffs to become effective upon one day's notice. Whenever a carrier by railroad in competition with a water route or routes shall reduce the rates on the carriage of any species of freight to or from competitive points, it shall not be permitted to increase such rates unless after hearing by the commissioner it shall be found that such proposed increase rests upon changed conditions other than the elimination of water competition.