75-126. Unjust discrimination and practices prohibited; exceptions.
546 words·~2 min read·
/ne/chapter-75/75-126A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Except as otherwise provided in this section, no common carrier shall:
(a)Charge, demand, collect, or receive from any person a greater or lesser compensation for any services rendered than it charges, demands, collects, or receives from any other person for doing a like or contemporaneous service;
(b)Make or give any undue or unreasonable preference or advantage to any particular person;
(c)Subject any type of traffic to any undue or unreasonable prejudice, delay, or disadvantage in any respect whatsoever;
(d)Charge or receive any greater compensation in the aggregate for the transportation of a like kind of property or passengers for a shorter than for a longer distance over the same line or route, except as the commission may prescribe in special cases to prevent manifest injuries, except that no manifest injustice shall be imposed upon any person at intermediate points. This section shall not prevent the commission from making group or emergency rates;
(e)Demand, charge, or collect, by any device whatsoever, a lesser or greater compensation for any service rendered than that filed with or prescribed by the commission; or
(f)Change any rate, schedule, or classification in any manner whatsoever before application has been made to the commission and permission granted for that purpose, except as otherwise provided in section 86-155 .
(2)This section shall not prohibit any common carrier from, and a common carrier shall not be subject to any fine, penalty, or forfeiture for, performing services free or at reduced rates to:
(a)The United States, the State of Nebraska, or any governmental subdivision thereof;
(b)The employees, both present and retired, of such common carrier;
(c)Any person when the object is to provide relief in case of any disaster;
(d)Any person who transports property for charitable purposes;
(e)Ministers and others giving their entire time to religious or charitable work;
(f)Any person who is legally blind or visually handicapped; or
(g)Any person who is sixty-five years of age or older.
(3)The rates for services that are provided by motor carriers, regulated motor carriers, and transportation network companies, as such terms are defined in section 75-302 , are not subject to regulation by the commission for any rate that is determined by an agreement with a state agency.
The Nebraska Public Service Commission cannot require that switching charges be absorbed retroactively when the approved rate schedule for such switching did not require absorption. In re Formal Complaint of Nebco, Inc., 212 Neb. 804, 326 N.W.2d 167 (1982).
The Public Service Commission has exclusive power and jurisdiction to inquire into complaints concerning telephone rates and where service is woefully inadequate, may require rebates. Myers v. Blair Tel. Co., 194 Neb. 55, 230 N.W.2d 190 (1975).
Railway Commission given quasi-judicial power hereunder to examine facts, determine questions of law, and determine issue of unjust discrimination in fares charged by common carriers. Allen v. Omaha Transit Co. Inc., 187 Neb. 156, 187 N.W.2d 760 (1971).
There being substantial evidence in the record to sustain the State Railway Commission's finding of discrimination, its order fixing the joint line rates it did, appears to be reasonable and not arbitrarily made. Howard McLean Co. v. Chicago, B. & Q. R.R. Co., 187 Neb. 30, 187 N.W.2d 300 (1971).