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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE XXII CORPORATIONS
  • CHAPTER 159 COMMON CARRIERS
  • Section 14A Aircraft, rates and charges

Section 14A. Every common carrier by aircraft maintaining an established service over regular scheduled routes for general public service shall public and file with the department and keep open for public inspection tariffs containing all its rates and charges for transportation of persons or property, and all services in connection therewith, between points within the commonwealth. Such rates and charges shall be stated in lawful money of the United States. The department may reject any such tariff filed with it which is not consistent with this section and with its orders, rules and regulations made thereunder.

Every such carrier shall establish, observe and enforce just and reasonable rates, charges and classifications, and reasonable regulations and practices relating thereto, which shall become effective on a date fixed by such carrier, which date shall be at least thirty days after the filing of the tariff containing the same, unless suspended by the department prior to its effective date upon complaint of any person or body politic, or by the department on its own motion; provided, that such a rate may be established to become effective within said thirty days in order to meet the then existing rate of any competing common carrier, in which case it may become effective upon the effective date of the rate of such competing carrier or at any time thereafter if established thereafter, upon the filing of a tariff or supplement thereto, consistent with such reasonable orders, rules and regulations as the department may deem necessary pertaining to the form of tariff schedules, the time and manner of filing thereof, the suspension of rates before the same become effective and hearings upon the validity of any filed or existing rate or rates; and provided, further, that the department, for cause shown, may allow publication of rates, or of changes therein, upon notice less than hereinbefore specified, or may modify the requirements of this section with respect to posting and filing of tariffs, either in particular instances or by general order applicable to special or peculiar circumstances or conditions.

No such carrier shall charge, demand, collect or receive compensation for transportation, or for any service in connection therewith, between the points enumerated in such tariff, differing from, or other than, the rates and charges specified in the tariffs in effect at the time; and no such carrier shall refund or remit in any manner or by any device, directly or indirectly, or through any agent or broker, or otherwise, any portion of the rates or charges so specified, or extend to any person any privilege or facilities for transportation except such as are specified in its tariffs.

The department, upon complaint of any person, or upon its own motion, after due notice and a hearing, may allow or disallow any filed or existing rates and may alter or prescribe the rates in connection with the transportation of persons, or of any or all classes of property, by common carrier by aircraft between points within the commonwealth, and any service connected therewith. Whenever, upon complaint or in an investigation on its own initiative, the department, after due notice and a hearing, shall be of the opinion that any rate or charge demanded, charged or collected by any common carrier by aircraft, or any classification, rule, regulation or practice whatsoever of such carrier affecting such rate, charge or the value of the service thereunder, is or will be unjust or unreasonable, unjustly discriminatory, unduly preferential or unduly prejudicial, it shall determine and prescribe the lawful rate or charge, or the maximum or minimum rate or charge, thereafter to be observed, or the lawful classification, rule, regulation or practice thereafter to be made effective, by such carrier.

In carrying out the provisions of this section the department shall give due consideration, among other factors, to the inherent advantages of transportation by such carrier, to the effect of any rates under consideration upon the movement of traffic by such carriers, to the need in the public interest of adequate and efficient transportation service by such carriers, to the cost of service and to the need of revenues sufficient to enable such carriers under honest, economical and efficient management to provide such service.

No common carrier by aircraft shall engage in the transportation of persons or property between points within the commonwealth unless the rates and charges upon which the same are or is transported by said carrier shall have been filed and published in accordance with this section.