Subject 515-16-9 RATES AND TARIFFS

Rule 515-16-9-.01 Applicability

The rules in this Chapter are general provisions relating to rates and tariffs and apply to all motor carriers required to hold Certificates, except limousine carriers. Specific rates and tariff provisions which apply only to household goods or passenger carriers and charter passenger bus carriers over which the Commission has no rate-making authority.

Rule 515-16-9-.02 Rates and Fares Apply in Both Directions

All rates and fares effective in this State, except in cases where otherwise specified in the tariff or schedule of rates on file with the Commission and otherwise authorized by law, shall apply in either direction, over the same line, between the same points.

Rule 515-16-9-.03 Method for Determining Distances Relating to Rates and Fares

(1)

Unless otherwise authorized by the Commission, rates or fares shall be charged and computed by using the distances shown in either:

(a)	MapQuest or any Internet website providing the shortest driving directions.

(b)	Household Goods Carriers' Bureau Mileage Guide No. 17, supplements thereto or reissues thereof; or

(c)	Southern Motor Carriers Rate Conference, Inc. ProMiles Mileage Calculation Program or reissues thereof.

(2)	Unless otherwise authorized by the Commission, the carrier shall select one of the above listed mileage guides, and make reference in the rate tariff to the one selected as the governing publication for rate-making distances.

(3)	Where the carrier's tariff refers to the household Goods Carriers' Bureau Mileage Guide No. 17 or Southern Motor Carriers Rate Conference, Inc. ProMiles software mileage calculation program for distances, the carrier must be a party to that Mileage Guide.

Rule 515-16-9-.04 No Change in Rates, Fares, Charges, or Service

(1)

No change shall be made by any carrier transporting household goods or passengers (hereinafter referred to as "carrier") subject to the jurisdiction of the Commission in any rate, fare, charge, or service or in any rule or regulation relating thereto, except after proper notice to the Commission and to the public, as prescribed below, unless the Commission otherwise orders, or has previously approved the same. Such notice shall be given by filing with the Commission and keeping open for public inspection new schedules stating plainly the change(s) to be made and the time when they shall take effect.

(2)

The Commission shall have the authority, either upon written complaint or upon its own initiative without complaint, to conduct a hearing on lawfulness of such rate, fare, charge, or service. Pending such hearing and the decision thereon, the Commission, may suspend the operation of such schedule and defer the use of such rate, fare, charge, or service, by notifying the carrier in writing of the reason for suspension, but not for a longer period than five (5) months from the proposed effective date of the publication. The Commission may make such orders as are proper with references thereto within the authority vested in them. The Commission is empowered to reduce or revoke any such suspension with respect to all or any part of such schedule. If the proceeding has not been concluded and an order made at the expiration of the suspension period, the proposed change of rate, fare, charge, or service shall go into effect at the end of the suspension period.

(3)

Notwithstanding other provisions of this Rule and Commission Transportation Rule 515-16-9-.05, the Commission, EXCEPT for the transportation of household goods:

(a)

Shall not suspend or investigate a motor passenger carrier's proposed decrease in a rate, fare or charge on the basis of the level of such rate, fare or charge, unless it appears to the Commission on its own initiative or by a complaint that such decrease will result in unjust discrimination, constitute a predatory competitive practice or impose an unreasonable burden on intrastate commerce. In the case of a complaint, the burden of proof shall be on the complaining party to prove the allegations made;

(b)	Shall, unless otherwise ordered by the Commission, require 15 days' notice for the filing of decreases and 20 days' notice for the filing of increases in carrier rates, fares or charges;

(c)	Shall require only one day's notice by motor passenger carriers for reductions published to meet the competition of already published rates, fares or charges of other carriers.

(4)	Any increase in household goods rates and charges must be filed with the Commission on not less than thirty days' notice. Any reduction in rates and charges which are published to meet competitions existing rates and charges may be filed on less than the thirty days' notice.

Rule 515-16-9-.05 Rate Schedules

(1)	All schedules of rates, fares and charges for the transportation of passengers or household goods charged by motor carriers operating under certificates shall be approved or prescribed by the Commission.

(2)	All rules, regulations and schedules applicable to household goods and passenger carriers shall be prescribed by the Commission.

(3)

Motor carriers of household goods operating under certificates may publish and file tariffs with the Commission thirty days in advance of the effective date thereof, effecting changes in the said rates, fares, charges, rules or regulations and such tariffs shall, unless rejected by the Commission prior to the said effective date, be deemed to be approved by the Commission subject to complaint and further order; provided, however, that the filing of such tariffs with the Commission shall not be construed as an approval of any of the rates, fares or charges, rules or regulations which advance a charge or decrease a service, which change was not previously authorized by the Commission. Initial tariffs, rules, etc., when filed with an application for a Certificate to begin operations shall, unless rejected, be deemed to be approved by the Commission effective as of the date that such certificate is issued.

(4)

When on the transportation of shipments paid for by the United States, the State of Georgia, or any county or municipality or other governmental subdivision of the State of Georgia, motor carriers are required to publish only maximum rates or charges and are permitted to charge lower than the published maximum.

(5)	All tariff publications covering Georgia intrastate traffic shall conform in general style and make-up to the form prescribed by the Commission.

(6)	Changes in rates, charges, rules, regulations, etc., shall be symbolized and such explanation thereof made in the tariff as will indicate the character of the change.

(7)

All tariffs shall bear at the top of the first or title page a Georgia Public Service Commission (GEORGIA PUBLIC SERVICE COMMISSION) number, and tariffs shall be numbered consecutively. Where any tariff cancels a previously filed tariff such cancellation shall be shown immediately following the number of the tariff.

Rule 515-16-9-.06 Tariffs

(1)

All motor carriers of household goods or passengers (except carriers operating under maximum tariffs issued by the Commission) operating under a certificate shall publish and file tariffs of rates and charges and rules and regulations governing same, subject to approval and on such form as prescribed by the Commission.

(2)	All tariffs, rules and regulations shall be accessible and subject to public inspection.

(3)

Tariffs to be Kept Posted. Each motor carrier of passengers shall keep conspicuously posted at all of its stations, offices and agencies in Georgia, a copy of the schedules and rates or fares prescribed by the Commission. When any change is made in such schedule, either by a carrier voluntarily, or pursuant to an order of the Commission, the carrier shall immediately post copies thereof, as notice to the public, in the same manner as above specified, and furnish copy of said change to the office of the Commission.

Rule 515-16-9-.07 Procedures for Collective Rate-Making

(1)

No person, tariff publishing agent, bureau or association (hereinafter referred to, collectively, as "tariff publishing agent") shall engage in collective rate-making activities unless and until said tariff publishing agent submits in writing to the Commission, for approval, its procedures for the docketing and handling of proposed prescribed rates. Such procedures shall, at a minimum, embrace the following essential elements:

(a)	A reasonable and fair method whereby any interested party may propose a change in the rates or rules in a tariff published by a tariff publishing agent for consideration and vote by the participants to said tariff.

(b)

The providing of notice to all participants in and subscribers to a tariff proposed to be changed regarding the proposal; said notice shall also fix a date, time and place for public hearing on the proposal whereby any interested party may appear at such hearing to give evidence or arguments in support of or in opposition to said proposal.

(c)	A method whereby notice of rate proposals shall be available to anyone desiring same, including members of the public, upon payment of a reasonable subscription fee, except that such notice shall be mailed to all participants to the tariff without charge.

(d)

Carrier participants to a tariff published by a tariff publishing agent may elect a rate committee for each type of carrier group to review proposed changes, to recommend as to the disposition of proposals, and to otherwise direct the affairs of their group, such as for the employment of counsel to handle petitions for rate changes, and for the direction of their tariff publishing agents in connection with docketing, tariff publications and other necessary routine requirements.

(e)

Proposals for changes in tariffs, published by an agent for participating carriers as authorized by powers of attorney to the agent, shall be submitted in writing to the agent, or as may otherwise be directed by a governing rate committee. Meetings at which the public docket is to be considered will be called upon not less than ten (10) days' notice to the Committee and to the public.

(f)	Each committee member will have one vote and the majority of the votes cast will govern. Proxy voting shall not be allowed.

(g)	Formal minutes (not verbatim transcripts) must be kept on all meetings whereat collective rate-making matters are considered.

(h)	A tariff publishing agent shall not, as such, file a protest with the Commission against any proposed tariff change.

(2)	The procedures herein authorized may be utilized by motor carriers to develop combined financial data as to operating expenses, revenues and estimated projections related thereto, for analysis and for submission to the Commission as and when required.

(3)

Nothing herein shall be construed to authorize the publication of any rate or tariff rule that is unlawful or otherwise prohibited by regulation of the Commission. Except when published to comply with the order of the Commission, all tariffs and amendments thereto will be subject to complaint by an interested party and may be suspended or rejected by the Commission.

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