Section 476.5 - Issuance of certificate of authority; findings; protesting application to provide transportation; requirements; petition to intervene; rights of motor carrier filing protest or of inte
THE MOTOR CARRIER ACT (EXCERPT)
Act 254 of 1933
476.5 Issuance of certificate of authority; findings; protesting application to provide transportation; requirements; petition to intervene; rights of motor carrier filing protest or of intervenor; classes of certificates; burden of proof.
Sec. 5.
(1) Except as provided in this section, the commission shall issue a certificate of authority to an applicant authorizing that it provide transportation subject to the jurisdiction of the commission under this article as a motor common carrier of property if the commission finds all of the following:
(a) The character and condition of the vehicles proposed to be operated by the applicant is such that they may be operated safely upon the public highways.
(b) That the applicant is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with this act and rules and regulations of the commission.
(c) On the basis of evidence presented, that the service proposed will serve a useful public purpose.
(d) That the service proposed is consistent with the transportation policy set forth in section 2 of article I.
(2) In making a finding under subsection (1), the commission shall consider and, to the extent applicable, make findings on at least all of the following:
(a) The transportation policy set forth in section 2 of article I.
(b) The character of the bond or insurance proposed to be given to insure the protection of the public.
(c) Whether the applicant is fit, willing, and able to provide service commensurate with the extent of the certificate sought.
(3) A motor carrier may not protest an application to provide transportation filed under this section unless all of the following requirements are met:
(a) The protest is filed with the commission not later than 20 days following publication of the notice of the filing of the application in the biweekly bulletin.
(b) The motor carrier possesses a certificate of authority or permit authorizing it to handle, in whole or in part, the traffic for which an application is made.
(c) The motor carrier is willing and able to provide service that meets the reasonable needs of the shippers involved.
(d) The motor carrier has performed service within the scope of the application during the previous 12-month period.
(4) The commission may grant leave to intervene to a person other than a motor carrier or an applicant for a certificate of authority or permit upon a showing of other interests that are consistent with the transportation policy set forth in section 2 of article I. A petition to intervene shall not be granted unless filed with the commission not later than 20 days following publication of the notice of the filing of the application in the biweekly bulletin except for good cause shown.
(5) Any motor carrier having timely filed a protest or any intervenor having timely filed a petition to intervene may participate in person or by counsel, cross-examine witnesses, and offer testimony in support of, or in opposition to, the grant of a certificate of authority.
(6) Certificates of authority issued to motor common carriers of property under this act shall be of 3 classes:
(a) Certificates issued to motor carriers as may be operating over fixed routes or within 1 mile of a fixed route or between fixed termini.
(b) Certificates issued to motor carriers providing a transportation service within an 8-mile radius of a city having a population of 500,000 or more and including each city or village, a part of which is located within the 8-mile radius.
(c) Certificates issued to all other motor common carriers of property.
(7) The burden of proof shall be on the protestant to meet the requirement of subsection (2)(c).
History: 1933, Act 254, Eff. Oct. 17, 1933 ;-- CL 1948, 476.5 ;-- Am. 1982, Act 399, Imd. Eff. Dec. 28, 1982 ;-- Am. 1993, Act 352, Imd. Eff. Jan. 13, 1994 ;-- Am. 2007, Act 33, Imd. Eff. July 10, 2007