§ 62-152.1. Uniform rates; joint rate agreements among carriers. - North Carolina Statutes

§ 62‑152.1. Uniform rates; joint rate agreements among carriers.

(a)        Definitions. – As used in this section, unless the contextotherwise requires, the term:

(1)        "Carrier" means any common carrier as defined inG.S. 62‑3(6).

(2)        For purposes of this section, carriers by motor vehicles arecarriers of the same class, carriers by pipeline are carriers of the sameclass, carriers by water are carriers of the same class, carriers by air arecarriers of the same class, and freight forwarders are carriers of the sameclass.

(3)        The term "antitrust laws" means the provisions ofChapter 75 of the General Statutes (N.C.G.S. 75‑1, et seq.), relating tocombinations in restraint of trade.

(b)        For the purpose of achieving a stable rate structure itshall be the policy of this State to fix uniform rates for the same or similarservices by carriers of the same class. In order to realize and effectuate thispolicy and regulatory goal any carrier subject to regulation by this Commissionand party to an agreement between or among two or more carriers relating torates, fares, classifications, divisions, allowances or charges (includingcharges between carriers and compensation paid or received for the use offacilities and equipment), or rules and regulations pertaining thereto, orprocedures for the joint consideration, initiation or establishment thereof,may, under such rules and regulations as the Commission may prescribe, apply tothe Commission for approval of the agreement, and the Commission shall by orderapprove any such agreement (if approval thereof is not prohibited by subsection(d) or (e) of this section) if it finds that, by reason of furtherance of thetransportation policy and goal declared in this section and in G.S. 62‑2or G.S. 62‑259 as may be pertinent, the relief provided in subsection (h)shall apply with respect to the making and carrying out of such agreement;otherwise, the application shall be denied. The approval of the Commissionshall be granted only upon such terms and conditions as the Commission mayprescribe as necessary to enable it to grant its approval in accordance withthe standard above set forth in this subsection.

(c)        Each conference, bureau, committee, or other organizationestablished or continued pursuant to any agreement approved by the Commissionunder this section shall maintain such accounts, records, files and memorandaand shall submit to the Commission such information and reports as may beprescribed by the Commission, and all the accounts, records, files andmemoranda shall be subject to inspection by the Commission or its dulyauthorized representatives.

(d)        The Commission shall not approve under this section anyagreement between or among carriers of different classes unless it finds thatthe agreement is of the character described in subsection (b) of this sectionand is limited to matters relating to transportation under joint rates or overthrough routes.

(e)        The Commission shall not approve under this section anyagreement which establishes a procedure for the determination of any matterthrough joint consideration unless it finds that under the agreement there isaccorded to each party the free and unrestrained right to take independentaction after any determination arrived at through such procedure.

(f)         The Commission is authorized, upon complaint or upon itsown initiative without complaint, to investigate and determine whether anyagreement previously approved by it under this section, or terms and conditionsupon which the approval was granted is not or are not in conformity with thestandards set forth in subsection (b) of this section, or whether any suchterms and conditions are not necessary for the purposes of conformity with suchstandards, and, after such investigation, the Commission shall by orderterminate or modify its approval of such agreement if it finds such actionnecessary to insure conformity with such standards, and shall modify the termsand conditions upon which such approval was granted to the extent it findsnecessary to insure conformity with such standards or to the extent to which itfinds such terms and conditions not necessary to insure such conformity. Theeffective date of any order terminating or modifying approval, or modifyingterms and conditions, shall be postponed for such period as the Commissiondetermines to be reasonably necessary to avoid undue hardships.

(g)        No order shall be entered under this section except afterinterested parties have been afforded reasonable notice and opportunity forhearing.

(h)        Parties to any agreement approved by the Commission underthis section and other parties are, if the approval of such agreement is notprohibited by subsection (d) or (e) of this section, hereby relieved from theoperation of the antitrust laws with respect to the making of such agreement,and with respect to the carrying out of such agreement in conformity with theterms and conditions prescribed by the Commission.

(i)         Any action of the Commission under this section inapproving an agreement, or in denying an application for such approval, or interminating or modifying its approval of an agreement, or prescribing the termsand conditions upon which its approval is to be granted, or in modifying suchterms and conditions, shall be construed as having effect solely with referenceto the applicability of the relief provisions of subsection (h) of thissection. (1977, c. 219, s.1; 1998‑128, s. 7.)