Section 479.10 - Certificates and permits; termination; application for renewal; effect of delinquency in payment of earned fees; failure of applicant to comply with laws and rules; notice; correction
THE MOTOR CARRIER ACT (EXCERPT)
Act 254 of 1933
479.10 Certificates and permits; termination; application for renewal; effect of delinquency in payment of earned fees; failure of applicant to comply with laws and rules; notice; correction; provisions of act voiding certificate or permit for cause self-executing; issuance of certificate or permit; adding and withdrawing equipment.
Sec. 10.
(1) All certificates or permits granted to intrastate-only motor carriers of property and motor carriers transporting household goods shall be made to terminate as of December 31 of the calendar year during which the certificate or permit is issued. All intrastate-only motor carriers of property and motor carriers transporting household goods shall make application for the renewal of their certificates or permits not before October 1 and not later than December 1 of the year in which their current certificate or permit expires. Certificate and permit holders not making application by December 1 shall be advised by the commission and given the opportunity to file their applications on or before December 31 on payment of a penalty of $50.00. The renewal application shall be accompanied with the required fees, proof of insurance, and all other things required to be filed with the commission by law or by the rules and orders of the commission.
(2) The certificate or permit of any intrastate-only motor carrier of property or motor carrier transporting household goods who is delinquent in the payment of the earned fees required by this act to be paid at the time of any renewal thereof shall be deemed canceled and terminated, on and after January 1 of the year for which application should have been made under the requirements of this section. Upon expiration, an intrastate-only motor carrier of property shall be prohibited from operating any of its vehicles and a motor carrier authorized to transport household goods shall be prohibited from operating any vehicle to transport household goods or engage in any other service subject to renewal of the certificate, upon or over the highways of this state. All privileges granted under the expiring certificate or permit shall cease.
(3) In case any applicant for renewal of a certificate or a permit fails, otherwise than in the payment of fees, to comply in all respects with the law and the rules of the commission in connection with the filing of the application for renewal, the commission immediately shall give specific written notice of that failure to the applicant and shall require in the notice that the applicant correct the matter specified within 10 days after the notice. Upon the failure of the applicant to make the correction within the time, or in case of the failure to accompany the application with the required filing fee, the certificate or permit of the applicant shall be revoked without any action whatever upon the part of the commission.
(4) Except as in this section otherwise provided, the provisions in this act voiding a certificate or a permit for cause shall be self-executing and shall not require any affirmative act on the part of the commission, and the commission is expressly prohibited from extending and shall not have any power to extend the privilege or permit nor to allow the carrier to engage in any operation over the public highway. In no case shall the revocation of any certificate or a permit release any motor carrier from liability for accrued fees.
(5) Upon full compliance with the requirements with respect to the filing of the application, the certificate or permit shall issue for the succeeding calendar year, subject to all the provisions of this act.
(6) The holder of a certificate or permit under this act may add equipment at any time, but when adding equipment subject to a privilege fee prescribed by this act, the holder shall file an ex parte application in the form as the commission requires and pay for each unit of equipment added, the fee prescribed in section 2 of article IV. A notice of hearing on the application shall not be required and a public hearing shall not be held thereon. When the holder of any certificate or permit, excepting a certificate or permit that authorizes the transportation of household goods while such household goods are being transported, by lease, contract, or any arrangement other than outright purchase, augments his or her equipment, the lease, contract, or arrangement shall be in writing and of such a character so as to vest in the holder exclusive possession and control of the vehicle under the lease or arrangement for the entire term of the lease or arrangement. Any operation of the vehicle shall be conducted under the exclusive supervision, direction, and control of the holder.
(7) A certificated or permitted unit of equipment may be withdrawn from service at any time by surrendering to the commission the identification allocated to the unit at the time it was certificated or permitted.
History: 1933, Act 254, Eff. Oct. 17, 1933 ;-- CL 1948, 479.10 ;-- Am. 1956, Act 118, Imd. Eff. Apr. 13, 1956 ;-- Am. 1959, Act 232, Imd. Eff. Aug. 12, 1959 ;-- Am. 1963, Act 156, Eff. Sept. 6, 1963 ;-- Am. 1966, Act 162, Imd. Eff. July 1, 1966 ;-- Am. 1967, Act 27, Imd. Eff. June 2, 1967 ;-- Am. 1969, Act 149, Eff. Mar. 20, 1970 ;-- Am. 1982, Act 399, Imd. Eff. Dec. 28, 1982 ;-- Am. 2008, Act 584, Imd. Eff. Jan. 16, 2009