Page:United States Statutes at Large Volume 49 Part 1.djvu/607

 562 74TH CONGRESS. SESS. I. CH. 498 . AUGUST 9, 1935 . Compensation less will take effect. No such carrier shall demand, charge, or collect a than filed charges pro- hibited. less compensation for such transportation than the charges filed in accordance with this paragraph, as aff ected 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, accept, or receive less than the Proviso. minimum charges so filed or Provided That any such Application of c ar- pre scri bed : y riers for relief here- carrier or carriers, or any class or group thereof, may ap ply to under . the Commission for relief from the provisions of this paragraph, and the Commission may, after hearing, grant such relief to such extent and for such time, and in such manner as in its judgment is con- sistent with the public interest and the policy declared in section 202 (a) of this part. Complaints respect- "(b) Whenever, after hearing upon complaint or its own initiative, ing charges, rules, etc . the Commission finds that any charge of any contract carrier or ca r ri e rs by moto r vehicle, or any rule, regulatio n, or pract ice of any such carrier or carriers affecting such charge, or the value of the service thereunder, for the transportation of passengers or property in inter state or fo reign comme rce, contra venes the policy decl ared in Minimum charge to section 202 (a) of this part, the Commission may prescribe such be prescribed. minimum charge, or such rule, regulation, or practice as in its judgment may be necessary or desirable in the public interest and to Preferences promote the policy declared in said section . Suc h mi nimum cha rge, or such rule, regulation, or practice, so prescribed by the Commis- sion, shall give no advantage or preference to any such carrier in competition with any common carrier by motor vehicle subject to this part, which the Commission may find to be undue or inconsistent with the public int erest and t he policy d eclared in said secti on, and the Commission shall give due consideration to the cost of the services rendered by such carriers and to the effect of such minimum charge, or such rules, regulations, or practices, upon the movement of traffic by such carriers. All complaints shall state fully the facts complained of and the reasons for such complaint and shall be made under oath. Schedule of reduced "(c) Whenever there shall be filed with the Commission by any rate. such contract carrier any schedule or contract stating a reduced charge directly, or by means of any rule, regulation, or p racti ce, for the transportation of passengers or property in interstate or forei gn com merce, the Co mmissi on is hereby author ized a nd emp ow- ered upon complaint of interested parties or upon its own initiative at once and, if it so orders, without ans wer or oth er formal p leading Hearing to deter- by the interested party, but upon reasonable notice, to enter upon mine lawfulness; notice a hearing concerning the lawfulness of such charge, or such rule, regulation, or practice, and pending such hearing and the decision there on the Commis sion, by fil ing wi th such sched ule or contr act and deli vering to t he carrier affected th ereby a st atement in writing Suspension of opera- Of it s reas ons for such suspen sion, may sus pend t he ope ration of tion of new schedule, such schedule or contract and defer the use of such charge, or such rule, regulation, or practice, for a period of ninety days, and if the proceeding has not been concluded and a final order made within such period the Commission may, from time to time, extend the period of suspension, but not for a longer period in the aggregate than one hundred and eighty days beyond the time when it would otherwise go into effect ; and after hearing, whether completed before or after the charge, or rule, regulation, or practice goes into effect, the Commission may make such order w ith reference theret o as would be proper in a proceeding instituted after it had beco me effective. If the proceeding has not been concluded and an order