Section 474.127 - Discontinuance of service; application for authority; fees; notice of application; notice of protest; hearing; basis for granting application; failure to issue final determination on
MOTOR BUS TRANSPORTATION ACT (EXCERPT)
Act 432 of 1982
474.127 Discontinuance of service; application for authority; fees; notice of application; notice of protest; hearing; basis for granting application; failure to issue final determination on application within 90 days.
Sec. 27.
(1) A motor carrier of passengers holding a certificate of authority for regular route service between points within this state may apply to discontinue all or a portion of its service under this certificate of authority by filing written application with the department, payment of the fees described in section 25, and within 10 days after filing the application publish notice of the application once a day for 2 different days in a newspaper of general circulation published in each county to which the service proposed to be discontinued extends. Within 20 days after the last date of publication, any person opposing the application shall file written notice of protest with the department. If the application is not opposed, the motor carrier of passengers holding a certificate of authority may immediately discontinue the service. If the application is opposed, the department, within 20 days, may conduct a hearing on the application, with at least 10 days' notice to all interested parties.
(2) The department shall grant an application for authority to discontinue if the applicant demonstrates that intrastate revenue per mile derived from the route or routes proposed to be discontinued is less than the fully allocated cost per mile including depreciation. If the department's final determination on the application is not issued within 90 days after the last date of publication, the applicant may discontinue the service described in the application.
(3) A motor carrier of passengers holding a certificate of authority for service within this state other than regular route service may apply to discontinue all or a portion of its service under this certificate of authority by filing written application with the department and payment of the fees as described in section 25.
History: 1982, Act 432, Imd. Eff. Dec. 29, 1982 ;-- Am. 1989, Act 233, Imd. Eff. Dec. 21, 1989