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Mississippi Code

Miss. Code Ann. § 77-7-221 (2024)

Factors to be considered by commission in considering rates of common carriers

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In the exercise of its power to prescribe just and reasonable rates for the transportation of passengers by common carriers by motor vehicle, the commission shall give due consideration, among other factors, to the inherent advantages of transportation by such carriers; to the effect of rates upon the movement of traffic by such carriers; 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 services; and to the need of revenues sufficient to enable such carriers, under honest, economical and efficient management, to provide such service.

In any proceeding to determine the justness or reasonableness of any rate, fare or charge of any such carrier, there shall not be taken into consideration or allowed as evidence or elements of value of the property of such carrier, either goodwill, earning power, or the certificate under which such carrier is operating. In applying for and receiving a certificate under this chapter, any such carrier shall be deemed to have agreed to the provisions of this paragraph, on its own behalf and on behalf of all transferees or lessees of such certificate.

Codes, 1942, §§ 7663, 7664; Laws, 1938, ch. 142; Laws, 1995, ch. 338, § 18; Laws, 2004, ch. 501, § 10, eff. 7/1/2004.

Notes of Decisions
Cited in 4 cases, 1985–2018 · leading case: S. Motor Carriers Rate Conf., Inc. v. United States, 471 U.S. 48 (1985).
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S. Motor Carriers Rate Conf., Inc. v. United States, 471 U.S. 48 (1985). · cites it 2× “Miss. Code Ann. § 77-7-221 (1972). These factors bear no discernible relationship to the prices that would be set by a perfectly efficient and unregulated market.”
U.S. Chamber of Com. v. City of Seattle, 890 F.3d 769 (9th Cir. 2018). “(quoting Miss. Code § 77-7-221). Although Mississippi’s statute did not flesh out “[t]he details of the inherently anticompetitive rate-setting process,” the statute expressly indicated the state’s intention to displace market competition in rate-setting for intrastate…”
Massachusetts Furniture & Piano Movers Ass'n v. Fed. Trade Comm'n, 773 F.2d 391 (1st Cir. 1985). “Miss.Code Ann. § 77-7-221 (1972). These factors bear no discernible relationship to the prices that would be set by a perfectly efficient and unregulated market.”
Orr v. Interstate Com. Comm'n, 912 F.2d 119 (6th Cir. 1990). “” Miss.Code Ann. § 77-7-221 (1972). The PSC is to promulgate rules and regulations concerning motor carriers, but these “shall conform as nearly as practicable to the rules, regulations, requirements and classifications promulgated by the Interstate Commerce Commission _” Miss.”
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