Rhode Island General Laws 39-12-6. Requirement of certificate of public convenience and necessity for common carriers – Application
Except as otherwise provided in this chapter, no person shall engage in the business of transporting property for compensation in intrastate commerce over the publicly used highways as a common carrier, unless there shall be in force with respect to the carrier a certificate of public convenience and necessity issued by the administrator authorizing the operations. Every person proposing to operate as a common carrier shall file with the administrator, in the form to be provided by him or her, an application for a certificate, accompanied by a fee of two hundred and fifty dollars ($250). All revenues received under this section shall be deposited as general revenues. Each application for a certificate shall be made in writing; shall be verified by oath or written declaration that it is made under penalties of perjury; and shall contain such information as the administrator may require. The administrator shall, within a reasonable time, fix the time and place of hearing on every application. Notice of the hearing shall be given by publication or by written notice mailed by the administrator at least ten (10) days before the date fixed thereof to all common carriers, including railroad companies, if any, serving any part of the route or territory proposed to be served by the applicant; to each person filing with the administrator a written request for the notice; and to any other person who may, in the opinion of the administrator, be interested in or affected by the issuance of the certificate. The copy of the notice, including a list of the applications to be heard, shall be publicly posted in the office of the administrator. Any person having an interest in the matter shall have the right, in accordance with rules prescribed therefor by the administrator, to make representations and to introduce evidence in favor of or in opposition to the issuance of the certificate.
History of Section.
P.L. 1935, ch. 2268, art. 3, §§ 1, 2, art. 5, § 1; G.L. 1938, ch. 99, art. 3, §§ 1, 2, art. 5, § 1; P.L. 1946, ch. 1805, § 1; G.L. 1956, § 39-12-3 — § 39-12-5, 39-12-24; G.L. 1956, § 39-12-6; P.L. 1958, ch. 87, § 1; P.L. 1960, ch. 71, art. 3, § 32; P.L. 1980, ch. 339, § 1; P.L. 1992, ch. 133, art. 34, § 5; P.L. 1995, ch. 370, art. 40, § 118; P.L. 2007, ch. 73, art. 26, § 2; P.L. 2007, ch. 485, § 2.
Terms Used In Rhode Island General Laws 39-12-6
- Administrator: means the public utilities administrator. See Rhode Island General Laws 39-12-2
- 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
- Common carrier: means any person who or that undertakes, whether directly or by any other arrangements, to transport property, or any class or classes of property, by motor vehicle between points within this state, for the general public for compensation, over the publicly used highways of this state, whether over regular or irregular routes. See Rhode Island General Laws 39-12-2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
- 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
- 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
- Publicly used highways: means all public ways, roads, highways, streets, avenues, alleys, boulevards, parks, squares, and bridges and approaches thereto, within this state. See Rhode Island General Laws 39-12-2
- Railroad: means and includes every railroad other than a street railway, by whatsoever power, operated for public use in the conveyance in this state of persons or property for compensation, with all bridges, ferries, tunnels, switches, spurs, tracks, stations, wharves, and terminal facilities of every kind, used, operated, controlled, leased, or owned by or in connection with any railroad. See Rhode Island General Laws 39-1-2