Colorado § 40-3-105 - Free and reduced service or transportation prohibited - exceptions.

§ 40-3-105. Free and reduced service or transportation prohibited - exceptions.

(1) No public utility shall, directly or indirectly, issue, give, or tender any free service, ticket, frank, free pass, or other gratuity of services or any free or reduced rate transportation for passengers or property between points within this state unless a tariff so providing is first filed with and approved by the commission.

(2) Except as otherwise provided in this section, no public utility shall charge, demand, collect, or receive a greater or lesser or different compensation for any product or commodity furnished or to be furnished, or for any service rendered or to be rendered, than the rates, tolls, rentals, and charges applicable to such product or commodity or service as specified in its schedules on file and in effect at the time, nor shall any such public utility refund or remit, directly or indirectly, in any manner or by any device, any portion of the rates, tolls, rentals, and charges so specified, nor extend to any corporation or person any form of contract or agreement or rule or regulation or any facility or privilege except those which are regularly and uniformly extended to all corporations and persons; but the commission may by rule or order establish such exceptions from the operation of this prohibition as it may consider just and reasonable as to each public utility.

(3) (a) Nothing in this article shall prohibit or restrict any public utility from furnishing its service, product, or commodity to, or the receiving of its service, product, or commodity by, its employees, pensioners, officers, directors, or board members at no charge or at charges less than those prescribed in the utility's published schedules or tariffs.

(b) No revenue shall accrue or be credited in the accounts of such utility with respect to such service, product, or commodity furnished at no charge nor with respect to any amounts by which charges for such service, product, or commodity are less than those prescribed in the utility's published schedules or tariffs.

Source: L. 13: p. 470, § 17. C.L. § 2928. L. 27: p. 249, § 1. CSA: C. 137, § 18. L. 41: p. 599, § 1. CRS 53: § 115-3-5. C.R.S. 1963: § 115-3-5. L. 69: p. 931, § 14. L. 73: p. 1143, § 1. L. 84: (2) amended, p. 1039, § 4, effective July 1. L. 2002: (2) amended, p. 1033, § 69, effective June 1.

Cross references: For penalties for violations, see article 7 of this title.

ANNOTATION

Utility regulation is arguably designed to protect against unreasonably low rates. Cottrell v. City & County of Denver, 636 P.2d 703 (Colo. 1981).

Public utilities law forbids estoppel of public utility from collecting established rate. Goddard v. Pub. Serv. Co., 43 Colo. App. 77, 599 P.2d 278 (1979).

Ignorance of misquotation of rates is not excuse for paying or charging either less or more than rate filed. Denver & R. G. W. R. R. v. Marty, 143 Colo. 496, 353 P.2d 1095 (1960).

Purpose of section. This section, like the federal statute 49 U.S.C., section 6 (7), seeks to promote uniform and nondiscriminatory freight rates. Denver & R. G. W. R. R. v. Marty, 143 Colo. 496, 353 P.2d 1095 (1960).

This section prohibits rebates regardless of legal theory upon which they are based. Denver & R. G. W. R. R. v. Marty, 143 Colo. 496, 353 P.2d 1095 (1960).

Applied in People v. Marshall, 196 Colo. 381, 586 P.2d 41 (1978).