66-1,114b. Public motor carrier of property other than household goods or passengers; certificate of public service; procedure to obtain; basis for issuance.
66-1,114b
66-1,114b. Public motor carrier of property otherthan household goods or passengers; certificate of public service; procedure toobtain; basis for issuance.(a) Except as hereinafter provided, it shall be unlawfulfor any public motor carrier to operate as a carrier of property other thanhousehold goods or as a carrier of passengers in intrastate commercewithin this state without first having obtained from thecommissiona certificate of public service to transport property other than householdgoods or to transport passengers.
(b) The commission, upon the filing of an application foracertificate of public service,shall ascertain that the motor carrier is fit, knowledgeable and in compliancewith the commission's safety rules and regulations, liability and cargoinsurance requirements and other applicable state laws.Once a motor carrier submits a complete application demonstrating that themotor carrier is fit, knowledgeable and in compliance with the commission'ssafety rules and regulations, liability and cargo insurance requirements andother applicable state laws, the commission may issue that motor carrier a30-day interim certificate of public service, signed and approved by thecommission's executive director.A list of applications received shall be published electronically on thecommission's web site, and shall statewhether an interim certificate has been granted to the applicant. Any personwho opposes the grant of a certificate of public service to a motor carrierapplicant shall have 30 days from the commission's grant of an interimcertificate to file a written protest with the commission. If no protestagainst a motor carrier applicant is filed before the expiration of the30-day interim certificate, the commission may issue the motor carrierapplicanta permanent certificate, signed and approved by the commission's executivedirector. If the commission finds thatan applicant is not fit,knowledgeable, or in compliance with the commission's safety rules andregulations, liability and cargo insurance requirements and other applicablestate laws, an order shall be issued denying the application.If the commission deems it necessary, a hearing may be held on anyapplication, and any commission decision on such application shall be issued byorder.
(c) Motor carriers holding a certificate of convenience and necessity totransport property other than household goods or a local wrecker permit shallbe considered as holding a certificate of public service to transportthat property originally granted by the commission as a public motor carrier ofproperty. Pursuant to federal law those motor carriers may transport thatproperty originally granted by the commission statewide.
(d) Within 12 months of the issuance to a public motor carrier of acertificate of public service to transport property other than household goodsor passengers, the commission shall verify that such public motor carriercontinues to be fit, knowledgeable and in compliance with the commission'ssafety rules and regulations, liability and cargo insurance requirements andother applicable state laws.
History: L. 2000, ch. 78, § 1;L. 2003, ch. 124, § 20; July 1.