§ 62-146.1. Rates and service of bus companies. - North Carolina Statutes

§ 62‑146.1.  Ratesand service of bus companies.

(a)        It shall be the duty of every bus company to provide safeand adequate service, equipment and facilities for transportation of passengersin intrastate commerce and to establish, observe and enforce just andreasonable regulations and practices.

(b)        The Commission by its rules and regulations may require theinterlining of passengers by bus companies operating in intrastate commerce inthis State where the point of destination of the passenger is not served by theoriginating carrier. In these cases it shall be the duty of every bus companyto establish reasonable through rates with other bus companies; to establish,observe and enforce just and reasonable individual and joint rates, fares andcharges and just and reasonable regulations and practices relating to thecharges and to the issuance, form and substance of tickets and the carrying ofpersonal and excess baggage.

(c)        In case of joint rates between bus companies, it shall bethe duty of the bus companies to establish just and reasonable regulations andpractices in connection with the joint rates and just, reasonable and equitabledivisions between the participating companies, which shall not unduly prefer orprejudice any of the participating companies.

(d)        A bus company providing fixed route service may file withthe Commission a petition for new or revised rates, fares or charges. Unlessthe Commission orders otherwise, no bus company shall make any changes in itsrates, fares and charges, which have been established under this Chapter,except after 30 days' notice to the Commission. The notice shall plainly statethe changes proposed to be made in the rates then in force, and the time whenthe changed rates will go into effect. The bus company shall also give notice,which may include notice by publication, of the proposed changes to otherinterested persons that the Commission may direct. All proposed changes shallbe shown by filing new schedules, or shall be plainly indicated upon schedulesfiled with the Commission and in force at the time and kept open to publicinspection by the bus company. The Commission, for good cause shown in writing,may allow changes in rates without requiring the 30 days' notice, under anyconditions as it prescribes. All changes shall be immediately indicated by thebus company on its schedules.

(e)        Whenever there is filed with the Commission by any buscompany any schedule stating a new or revised rate, fare or charge, theCommission may, either upon complaint or upon its own initiative, afterreasonable notice, hold a hearing to determine if the proposed new or revisedrates, fares or charges are just and reasonable. Pending the hearing and adecision, the Commission, upon filing with the proposed schedule and deliveringto the affected bus company a statement in writing of its reasons, may, at anytime before they become effective, suspend the operation of the rate or rates,for a period not to exceed 120 days from the filing of the petition. If theproceeding has not been concluded and a final order made within the period ofsuspension, the proposed change of rate shall go into effect at the end of the120‑day period.

(f)         In any proceeding to determine the justness orreasonableness of any rates, fares or charges of a bus company, the Commissionshall authorize revenue levels that are adequate under honest, economical, andefficient management to cover total operating expenses, including the operationof leased equipment and depreciation, plus a reasonable profit. The standardsand procedures adopted by the Commission under this subsection shall allow thebus company to achieve revenue levels that will provide a flow of net income,plus depreciation, adequate to support prudent capital outlays, assure therepayment of a reasonable level of debt, permit the raising of needed equitycapital, attract and retain capital and amounts adequate to provide a soundpassenger bus transportation system in this State, and take into accountreasonable estimated or foreseeable future costs.

(g)        Notwithstanding any provision of this section, theCommission may not investigate, suspend, review or revoke the operation ofproposed new or revised rates, fares or charges if the proposed new or revisedrates, fares or charges do not exceed the standard rates, fares or charges thenin effect by the petitioning bus company for comparable interstatetransportation of passengers.

(h)        Any person may make complaint in writing to the Commissionthat any rate, fare, charge, classification, rule, regulation, or practice ineffect, or proposed to be put in effect, is or will be in violation of thisChapter. Whenever, after holding a hearing, upon complaint, in aninvestigation, or upon its own initiative, the Commission finds that anyindividual or joint rate demanded, charged, or collected by any bus company fortransportation of passengers in intrastate commerce, or any classification,rule, regulation or practice of the bus company affecting the rate or the valueof the service provided, is or will be unjust or unreasonable or unjustlydiscriminatory or unduly preferential or unduly prejudicial or constitute anunfair or destructive competitive practice, or otherwise contravenes thepolicies declared in this Chapter, or is in contravention of any provision ofthis Chapter, the Commission shall determine and prescribe the lawful rate, orthe lawful classification, rule, regulation or practice to be put into effect.

(i)         For purposes of this Chapter, rates, fares and chargesestablished pursuant to this section shall be deemed fair, just and reasonable.

(j)         Notwithstanding any other provision of this Chapter, therates, fares and charges established for charter service by a bus companyauthorized and engaged in charter operations in this State shall be exempt fromregulation by the Commission. A bus company authorized and engaged in charteroperations shall file with the Commission a current statement of its rates,fares and charges as required by the Commission. (1985, c. 676, s. 15(6).)