CHAPTER 307
2001-S 978 am
Enacted 07/13/2001


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RELATING TO PUBLIC UTILITIES AND CARRIERS -- TAXICABS AND LIMITED PUBLIC MOTOR VEHICLES

Introduced By:  Senators Alves, Caprio, DaPonte, Coderre and Paiva Weed Date Introduced:  May 31, 2001

It is enacted by the General Assembly as follows:

SECTION 1. Section 39-14-2.2 of the General Laws in Chapter 39-14 entitled "Taxicabs and Limited Public Motor Vehicles" is hereby amended to read as follows:

39-14-2.2. Notice of change in rates -- (a) No change shall be made in the rates, tolls, and charges which have been filed and published by any taxicab or limited public motor vehicle in compliance with the requirements of section 39-14-2.1 except after thirty (30) days written notice to the administrator which shall plainly state the changes proposed to be made in the schedule then in force, and the time when the changed rates, tolls, or charges will go into effect. A filing fee of fifty dollars ($50.00) shall accompany all filings made pursuant to this section. All revenues received under this section shall be deposited as general revenues. Whenever the administrator receives notice of any change or changes proposed to be made in any schedule filed under the provisions of section 39-14-2.1, the administrator may hold a public hearing and make investigation as to the propriety of the proposed change or changes.

(b) After notice of any investigation, the administrator shall have power, by any order served upon the taxicab or limited public motor vehicle affected, to suspend the taking effect of any change or changes pending the decision thereof, but not for a longer period than five (5) months beyond the time when the change or changes would otherwise take effect; provided, however, that in the event that any hearing and/or investigation shall not have been completed at the expiration of the five (5) month period, the administrator shall have power by an order served upon the taxicab or limited public motor vehicle affected to further suspend the taking effect of the change or changes pending the decision thereon, but not for a longer period than three (3) months beyond the expiration of the first mentioned five month period. Each hearing and investigation shall be conducted as expeditiously as may be practicable, and with a minimum of delay. Within ninety (90) days after the completion of any hearing, the administrator shall make such order in reference to any proposed rate, toll, or charge as may be proper.

(c) The administrator, in his or her discretion and for good cause shown, may allow the publication of rates or charges upon notice less than that specified in this section, or may modify the requirements of this section with respect to the posting and filing of tariffs, either in particular instances or by general order applicable to special or peculiar circumstances or conditions. The administrator, after hearing, may establish from time to time such reasonable rules and regulations as he or she may deem necessary pertaining to the form of tariffs, the time and manner of filing thereof, the suspension of rates before the same become effective, and bearing upon the validity of any filed or existing rate. No taxicab or limited public motor vehicle shall charge or demand or collect or receive a greater or less compensation for transportation or any service in connection therewith between points enumerated in the tariff than the rates and charges specified in the filed tariffs in effect at the time.

(d) In the event of an appeal from an order of the administrator in any hearing under this section, the order shall remain in full force and effect during the pendency of the appeal.

(e) On or before September 1, 2001, the administrator shall implement a gasoline price emergency surcharge program whereby a taxicab or limited public motor vehicle licensed under this chapter shall be permitted to impose and collect a surcharge, not to exceed fifty cents ($.50) per fare, during periods when it is determined that the average price of gasoline in this state exceeds one dollar and fifty cents ($1.50) per gallon.

SECTION 2. Section 39-12-13 of the General Laws in Chapter 39-12 entitled "Motor Carriers of Property" is hereby amended to read as follows:

39-12-13. Alteration of common carrier rates by the administrator - (a) The administrator, upon complaint of any common carrier by motor vehicle or of any person, or upon his or her own motion, after a hearing, may allow or disallow any filed or existing rates and may alter or prescribe the rates of common carriers in connection with the transportation of any or all classes of property to any or between any and all points within the state and any service connected therewith in accordance with the legal standards provided in this chapter. Whenever, upon complaint or in any investigation on his or her own initiative, the administrator, after a hearing shall be of the opinion that any rate or charge collected, charged, or demanded by any common carrier by motor vehicle, or any classification, rule, regulation, or practice whatsoever of the carrier affecting the rate, charge, or the value of the service thereunder, is or will be unjust or unreasonable, or unjustly discriminatory, or unduly preferential, or unduly prejudicial, he or she shall determine and prescribe the lawful rate or charge, or the maximum and/or minimum rate or charge thereafter to be observed or the lawful classification, rule, regulation, or practice thereafter to be effective.

(b) On or before September 1, 2001, the administrator shall implement a gasoline price emergency surcharge program whereby a person licensed under this chapter to perform "drive away-tow away operations" shall be permitted to impose and collect a surcharge, not to exceed fifty cents ($.50) per towing job, during periods when it is determined that the average price of gasoline in this state exceeds one dollar and fifty cents ($1.50) per gallon.

(c) On or before September 1, 2001, the administrator shall implement a diesel price emergency surcharge program whereby a person licensed under R.I.G.L. section 39-3-3, 39-3-3.1, or 39-3-4 to perform as a "commom carrier of persons and/or property upon water between termini within the state" shall be permitted to impose and collect a surcharge, not to exceed fifty cents ($.50) for each passenger and vehicle carried, during periods when it is determined that the average retail price of diesal fuel in this state exceeds one dollar and twenty cents ($1.20) per gallon.

SECTION 3. This act shall take effect upon passage.


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