35-A §5101-B. Inadequacies or deficiencies in service of Casco Bay Island Transit District
Title 35-A: PUBLIC UTILITIES HEADING: PL 1987, C. 141, PT. A, §6 (NEW)
Part 5: WATERBORNE TRANSPORTATION HEADING: PL 1987, C. 475, §2 (AMD)
Chapter 51: REGULATION OF FERRIES IN CASCO BAY HEADING: PL 1987, C. 475, §2 (AMD)
§5101-B. Inadequacies or deficiencies in service of Casco Bay Island Transit District
1. Seasonal scheduled service. A certificate granted by the commission for seasonal scheduled passenger, freight or vehicle transportation services must be limited to the provision of scheduled services found by the commission to cure any inadequacies or deficiencies in existing scheduled services of the Casco Bay Island Transit District.
[ 1991, c. 774, §2 (NEW) .]
2. Permanent certificates. An applicant for a permanent certificate of public convenience and necessity for the provision of scheduled passenger, freight or vehicle transportation service who seeks such a certificate on the grounds that the service provided by the Casco Bay Island Transit District is inadequate or deficient has the burden of establishing the following.
A. The service of the district is inadequate or deficient in the areas in which the applicant proposes to provide service. [1991, c. 774, §2 (NEW).]
B. By written application to the board of directors of the district, the applicant has identified the inadequacies and deficiencies in the service of the district that the applicant wishes to provide. [1991, c. 774, §2 (NEW).]
C. The district has failed substantially to cure these inadequacies or deficiencies in its service within 60 days after receipt of the written application of the applicant that identifies the inadequacies or deficiencies. [1991, c. 774, §2 (NEW).]
[ 1991, c. 774, §2 (NEW) .]
3. Insufficiency of lower rates to establish deficiency. A scheduled service provided by the Casco Bay Island Transit District may not be found to be inadequate or deficient solely on the basis that a seasonal service is proposed by an applicant to be provided at a lower rate than the scheduled service offered by the district. This subsection does not apply to any application proposing to provide all scheduled passenger, freight and vehicle transportation services currently offered by the district.
[ 1991, c. 774, §2 (NEW) .]
SECTION HISTORY
1991, c. 774, §2 (NEW).