Chapter 352

2005 -- S 0837 SUBSTITUTE A

Enacted 07/19/05

A N A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- MOTOR CARRIERS OF PROPERTY

Introduced By: Senator Stephen D. Alves

Date Introduced: February 17, 2005

It is enacted by the General Assembly as follows:

     SECTION 1. 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) 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, during such times and under such conditions

wherein the administrator determines that the average price of gasoline in this state exceeds one

dollar and fifty cents ($1.50) per gallon. Provided, that the administrator shall have discretion as

to when to permit such surcharge to be imposed, except that the administrator shall not impose

the surcharge at any time when the average price of gasoline, as determined by the administrator,

does not exceed the price of 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 sections 39-3-3, 39-3-3.1, or 39-

3-4 to perform as a "common 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) three dollars ($3.00) for each passenger and vehicle carried, during periods when it is

determined that the average retail price of diesel fuel in this state exceeds one dollar and twenty

cents ($1.20) per gallon.

SECTION 2. This act shall take effect upon passage.     

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LC02479/SUB A/2

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