Section 475.3 - Temporary authority to render transportation service; conditions; validity; permit; duration; applicable law.
THE MOTOR CARRIER ACT (EXCERPT)
Act 254 of 1933
475.3 Temporary authority to render transportation service; conditions; validity; permit; duration; applicable law.
Sec. 3.
(1) To enable the provisions of service for which there is an immediate and urgent need to a point or points or within a territory having no motor common carrier service capable of meeting that need, the commission may, upon a proper application, in its discretion and without hearings or other proceedings, grant temporary authority for that service by a motor common carrier by motor vehicle. The temporary authority, unless suspended or revoked for good cause, shall be valid until the commission has made a determination to grant or deny permanent authority. If after hearing permanent authority is granted, then corresponding temporary authority may be continued until the permanent authority becomes effective. The grant of temporary authority does not create a presumption that corresponding permanent authority will be granted thereafter.
(2) The commission may, upon a proper application which shall include specific definition of permit sought, in its discretion and without hearings or other proceedings, grant a temporary permit for that service by a motor contract carrier by motor vehicle. A temporary permit shall be granted, at the request of an applicant, in all cases, except when a safety or fitness related protest has been filed, which protest must include specific allegations necessary to state a prima facie case and reasonably inform the commission and the applicant of the nature of the allegations, with specific reference to the section or sections of all related statutes, rules, orders, and tariffs. The temporary permit, unless suspended or revoked for good cause, shall be valid until the commission has made a decision to grant or deny a permanent permit. The grant of a temporary permit creates no presumption that a corresponding permanent permit will be granted thereafter.
(3) Pending the determination of an application filed with the commission for approval of a consolidation or merger of the properties of 2 or more motor carriers, the commission may, in its discretion and without hearing or other proceedings, grant temporary approval, for a period not exceeding 60 days, of the operation of the motor carrier properties sought to be acquired by the person proposing in the pending application to acquire the properties, if it appears that failure to grant the temporary approval may result in destruction of or injury to the motor carrier properties sought to be acquired, or to interfere substantially with their future usefulness in the performance of adequate and continuous service to the public.
(4) Transportation service rendered under temporary authority shall be subject to all applicable provisions of this act and to the rules of the commission.
History: Add. 1943, Act 244, Imd. Eff. Apr. 22, 1943 ;-- CL 1948, 475.3 ;-- Am. 1982, Act 399, Imd. Eff. Dec. 28, 1982 ;-- Am. 1993, Act 352, Imd. Eff. Jan. 13, 1994
Former Law: See Act 261 of 1939, which was repealed by Act 211 of 1941.