Rhode Island General Laws 39-12-25. Operation by fiduciary
In the event of the decease, incompetency, insolvency, bankruptcy, or corporate reorganization under the bankruptcy law of the United States, of a holder of a certificate or permit that authorizes motor carrier operations in intrastate commerce under this chapter, the administrator, upon application or notification of his or her executor, administrator, guardian, conservator, assignee, trustee, or receiver, shall conditionally operate the certificate or permit as a fiduciary, pending the filing of an application to transfer the certificate or permit and pending the decision of the administrator as to the fitness, willingness, and ability of the transferee to conduct the operation or business authorized by the certificate or permit. In the event of the decease, incompetency, insolvency, or bankruptcy of a member of a partnership holding the certificate or permit, the administrator upon receipt of notification of the remaining partner or partners, or of the executor, administrator, guardian, conservator, assignee, trustee, or receiver of the deceased, incompetent, insolvent, or bankrupt partner, may make a like conditional transfer to the remaining partner or partners. Upon application of the executor, administrator, guardian, conservator, assignee, trustee, receiver, surviving, or remaining partner, the administrator may transfer the certificate or permit in accordance with the provisions of this chapter from the original holder to any person named in the application and approved by the administrator.
History of Section.
P.L. 1958, ch. 87, § 1.
Terms Used In Rhode Island General Laws 39-12-25
- Administrator: means the public utilities administrator. See Rhode Island General Laws 39-12-2
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Certificate: means a certificate of public convenience and necessity issued under this chapter or by any corresponding provisions of earlier laws to a common carrier by motor vehicle. See Rhode Island General Laws 39-12-2
- Executor: A male person named in a will to carry out the decedent
- Fiduciary: A trustee, executor, or administrator.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Intrastate commerce: means any commerce wholly within this state by motor vehicle between points having a point of origin and a point of destination within this state. See Rhode Island General Laws 39-12-2
- Motor carrier: means a common carrier by motor vehicle, a contract carrier by motor vehicle, or an interstate carrier by motor vehicle. See Rhode Island General Laws 39-12-2
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Permit: means a permit issued under this chapter or corresponding provisions of earlier laws to a contract carrier by motor vehicle. See Rhode Island General Laws 39-12-2
- Person: means any individual, firm, co-partnership, corporation, company, association, or joint stock association, and includes any trustee, receiver, assignee, or personal representative thereof; and, where the context requires shall include "driver" as defined in this section. See Rhode Island General Laws 39-12-2
- Trustee: A person or institution holding and administering property in trust.
- United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8