§47-163.

§47-163.
   
   A. No common carrier by motor vehicle, unless otherwise provided by
   this act, shall engage in the transportation of household goods or
   used emigrant movables unless the rates, fares, and charges upon which
   the same are transported by said carrier have been published, filed
   and are in effect in accordance with the provisions of this act.
   
   B. All charges made by any motor carrier for any intrastate service
   rendered or to be rendered by any motor carrier in the transportation
   of household goods or used emigrant movables, or in connection
   therewith, shall be just and reasonable and every unjust and
   unreasonable charge for such service or any part thereof is prohibited
   and declared unlawful.
   
   C. In the exercise of its power to prescribe just and reasonable
   rates, fares, and charges for the transportation of household goods or
   used emigrant movables by common carriers by motor vehicle, and
   classifications, regulations and practices relating thereto, the
   Commission shall give due consideration, among other factors, to the
   need, in the public interest, of adequate and efficient transportation
   service by such carriers at the lowest cost consistent with the
   furnishing of such service; and to the need of revenues sufficient to
   enable such carriers to provide such service at a reasonable return to
   the carrier.
   
   D. Every common carrier by motor vehicle shall file with the
   Commission, publish, and keep open to public inspection tariffs
   showing all the rates, fares, and charges for transportation, and all
   services in connection therewith, of household goods or used emigrant
   movables in intrastate commerce between points on its own route and
   points on the route of any other such carrier when a through route and
   joint rate shall be established. The tariffs required by this section
   shall be published, filed and posted in such form and manner and shall
   contain such information as the Commission by regulations shall
   prescribe; and the Commission is authorized to reject any tariff filed
   with it the form of which is not consistent with this section and with
   such regulations. Any tariff so rejected by the Commission shall be
   void and its use shall be unlawful. The Commission is further
   authorized in its discretion to suspend, upon complaint of any
   interested person or upon its own motion, the effectiveness of any
   tariff or portion thereof filed with it, where it appears said tariff
   or portion thereof may not be consistent with this section or the
   regulations of the Commission, and shall set the motion for hearing;
   and after hearing the Commission shall, within ninety (90) days after
   hearing, amend or reject the tariff or portion thereof so filed, upon
   determination as to whether or not it is consistent with this section
   and with the regulations of the Commission.
   
   E. No common carrier of household goods or used emigrant movables by
   motor vehicle shall charge or demand or collect or receive a greater,
   or less, or different compensation for transportation or for any
   service in connection therewith between the points enumerated or
   distances set out in such tariff than the rates, fares, 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, any portion of the rates, fares, or charges so specified,
   or extend to any person any privileges or facilities for
   transportation in intrastate commerce except such as are specified in
   its tariffs. All actions at law for the recovery of undercharges or
   overcharges, or any part thereof, shall be begun within three (3)
   years from the time the cause of action accrues and not thereafter.
   
   F. No change shall be made in any rate, fare, charge, or
   classification, or any rule, regulation, or practice affecting such
   rate, fare, charge, or classification, or the value of the service
   thereunder, specified in any effective tariff or a common carrier of
   household goods or used emigrant movables by motor vehicle, except
   after thirty (30) days' notice of the proposed change filed and posted
   in accordance with this section. Such notice shall plainly state the
   change proposed to be made and the time when such change will take
   effect. The Commission may, in its discretion and for good cause
   shown, allow such change upon notice less than that herein specified
   or modify the requirements of this section with respect to posting and
   filing of tariffs either in particular instances or by general order
   applicable to specific or peculiar circumstances or conditions.
   
   G. It shall be the duty of every contract carrier of household goods
   or used emigrant movables by motor vehicle to establish and observe
   reasonable actual rates and charges, which shall not be lower than the
   published common carrier rates and charges, for any service rendered
   or to be rendered in the transportation of household goods or used
   emigrant movables or in connection therewith, and to establish and
   observe reasonable regulations and practices to be applied in
   connection with said reasonable actual rates and charges. It shall be
   the duty of every contract carrier of household goods or used emigrant
   movables by motor vehicle to file with the Commission, publish, and
   keep open for public inspection, in the form and manner prescribed by
   the Commission, schedules containing the actual rates or charges of
   such carrier actually maintained and charged for the transportation of
   household goods or used emigrant movables in intrastate commerce, and
   any rule, regulation, or practice affecting such rates or charges and
   the value of the service thereunder. No such contract carrier, unless
   otherwise provided by this act, shall engage in the transportation of
   household goods or used emigrant movables in intrastate commerce
   unless the actual charges for such transportation by said carrier have
   been published, filed and posted in accordance with the provisions of
   this act. No change shall be made in any such charge either directly
   or by means of any change in any rule, regulation, or practice
   affecting such charge or the value of service thereunder, except after
   thirty (30) days' notice of the proposed change filed in the
   aforementioned form and manner; but the Commission may, in its
   discretion and for good cause shown, allow such change upon less
   notice, or modify the requirements of this paragraph with respect to
   posting and filing of such schedules, either in particular instances,
   or by general order applicable to special or peculiar circumstances,
   or conditions. Such notice shall plainly state the change proposed to
   be made and the time when such change will take effect. No such
   carrier shall demand, charge, or collect a different compensation for
   such transportation than the charges filed in accordance with this
   paragraph, as affected by any rule, regulation, or practice so filed,
   or as may be prescribed by the Commission from time to time, and it
   shall be unlawful for any such carrier, by the furnishing of special
   services, facilities, or privileges, or by any other device
   whatsoever, to charge or accept other than the charges so published
   and filed.
   
   H. Whenever, after hearing, upon complaint or upon its own initiative,
   the Commission finds that any actual rate or charge of any contract
   carrier of household goods or used emigrant movables by motor vehicle,
   or any rule, regulation, or practice of any such carrier affecting
   such actual rate or charge, or the value of the service thereunder,
   for the transportation of household goods or used emigrant movables or
   in connection therewith is in violation of any provision of this act,
   the Commission may prescribe such just and reasonable actual rate or
   charge, or such rule, regulation or practice as in its judgment may be
   necessary or desirable in the public interest and will not be in
   violation of any provision of this act. Such actual rate or charge, or
   such rule, regulation, or practice so prescribed by the Commission,
   shall give no advantage or preference to any such carrier in
   competition with any common carrier by motor vehicle subject to this
   act. The Commission shall give due consideration to the cost of the
   services rendered by such carrier and to the effect of such actual
   rate or charge, or such rule, regulation, or practice, upon the
   movement of traffic by such carriers. All complaints shall state fully
   the facts complained of and shall be made under oath.
   
   I. Every motor carrier, subject to this act, receiving household goods
   or used emigrant movables for transportation in intrastate commerce
   shall issue a receipt or bill of lading therefor, the form of which
   shall be prescribed by the Commission.
   
   J. No common carrier by motor vehicle shall deliver or relinquish
   possession at destination of any household goods or used emigrant
   movables transported by it in intrastate commerce until all tariff
   rates and charges thereon have been paid, except under such rules and
   regulations as the Commission may from time to time prescribe to
   govern the settlement of all such rates and charges.
   
   K. Any person, motor carrier, or shipper who shall willfully violate
   any provision of this section by any means shall be deemed guilty of a
   misdemeanor and upon conviction thereof be fined as provided by law.