Rate regulation of carriers of household goods
(1) The rates, classifications, rules and practices used by for-hire carriers in the transportation of household goods shall be prescribed by the Department of Transportation and:
(a) Be plainly stated in tariffs available to the public at each carrier’s office, and at the office of the department; and
(b) Be just, reasonable and fair and may not be unduly discriminatory, prejudicial or preferential.
(2) A for-hire carrier of household goods may not:
(a) Charge, collect or receive a different remuneration for the transportation of household goods, or for any related service, than the rates that have been legally prescribed and filed with the department.
(b) Refund or remit in any manner or by any device any portion of the rates required to be collected by its tariffs or written contracts on file with the department.
(3)(a) Any action against for-hire carriers of household goods for recovery of overcharges, or by the carriers for the collection of undercharges, shall be commenced within two years from the time the cause of action accrued.
(b) As used in this subsection:
(A) “Overcharges” means charges assessed for transportation service that are more than the rates applicable under the tariff lawfully in effect or in written contracts on file with the department.
(B) “Undercharges” means charges assessed for transportation service that are less than the rates applicable under the tariff lawfully in effect or in written contracts on file with the department.
(4) The department shall check the records of for-hire carriers of household goods for the purpose of discovering all discriminations and rebates. The department:
(a) Upon the department’s own motion, may, and upon the complaint of any aggrieved person, shall, pursuant to written notice served upon any carrier subject to this subsection, investigate the carrier’s service and the carrier’s rates, classifications, rules and practices; and
(b) To the extent that the rates, classifications, rules or practices are found by the department to be unreasonable, unlawful, unfair or unduly discriminatory, preferential or prejudicial, shall, by orders based upon the evidence, require the carrier to comply with just, fair, lawful and reasonable rates, classifications, rules and practices established by the department. Such carrier shall immediately comply with such orders.
(5) The department may suspend a tariff of for-hire carriers of household goods that the department believes will impair the ability of the carriers to serve the public or that appears to be unjust, unfair, unreasonable, prejudicial, discriminatory or otherwise unlawful. [Formerly 767.410; 2015 c.27 §61; 2015 c.283 §11]
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