1. A. The department may without notice grant temporary authority to an applicant for a certificate or for amendment, lease or transfer of all or part of a certificate for a period not to exceed the duration of the application process, if it finds that:

   1. (1) the notice period for such application has not yet expired, the application is one directly involving public safety, a governmental program or a specific public event, there is an urgent and immediate public need for such service and the public may be harmed by waiting for the notice period to expire;
   2. (2) the applicant for temporary authority has a complete application for a certificate or for amendment, lease or transfer of all or part of a certificate pending before the department;
   3. (3) the applicant is fit to provide the transportation service requested, is able to provide any certificated service requested and is in compliance with the safety and financial responsibility requirements of the Motor Carrier Act and the rules of the department; and
   4. (4) satisfactory proof of urgent and immediate need has been made by verified proof as the department shall by rule prescribe.
2. B. An applicant for temporary authority as a tariffed service carrier shall file tariffs covering the transportation services for which temporary authority is being sought.
3. C. If a hearing is held before a hearing examiner for any reason on an application for a certificate or for amendment, lease or transfer of all or part of a certificate or for a tariff rate increase, the applicant may move in such proceeding for a grant of temporary authority or rate approval for a period not to exceed the duration of the application process, and any protesting carrier or the traffic safety bureau of the department may move in such proceeding for reconsideration or modification of any grant of temporary authority previously granted by the department or the hearing examiner. The hearing examiner in the proceeding shall hold an expedited preliminary public hearing on the grant of temporary authority on the issues in the proceeding and the testimony evidence presented in the hearing on such procedural basis as the department shall by rule prescribe.
4. D. Motor carriers operating under temporary authority shall comply with the requirements of the Motor Carrier Act and the rules of the department.
5. E. A grant of temporary authority shall not create a presumption that permanent authority will be granted.

History: Laws 2003, ch. 359, § 11; 2013, ch. 73, § 10; 2013, ch. 77, § 10; 2023, ch. 100, § 38.

ANNOTATIONS

The 2023 amendment, effective July 1, 2024, removed references to the public regulation commission due to the transfer of certain powers and duties to the department of transportation; and changed each occurrence of "commission" to "department" throughout the section.

Temporary provisions. — Laws 2023, ch. 100, § 80, effective July 1, 2024, provided:

A. On July 1, 2024, all staff positions, functions, personnel, appropriations, money, records, equipment, supplies, other property and contractual obligations of the public regulation commission related to motor carrier regulation and enforcement, railroad safety enforcement and ambulance standards are transferred to the department of transportation.

B. Beginning July 1, 2024, all references in law, rules, orders and other official acts to the public regulation commission or the transportation division of the public regulation commission related to motor carrier regulation and enforcement, railroad safety enforcement and ambulance standards shall be deemed references to the department of transportation.

C. Beginning July 1, 2024, all contractual obligations of the public regulation commission related to motor carrier regulation and enforcement, railroad safety enforcement and ambulance standards are binding on the department of transportation.

D. The rules, orders and decisions of the public regulation commission related to motor carrier regulation and enforcement, railroad safety enforcement and ambulance standards shall remain in effect until repealed or amended.

The 2013 amendment, effective July 1, 2013, clarified and simplified procedures for granting certificates and permits for temporary service; in the title, after "authority", deleted "for intrastate motor carriers of persons or household goods"; in Subsection A, in the introductory sentence, after "grant temporary", deleted "operating", after "temporary authority to an", deleted "intrastate motor carrier of persons or household goods" and added "applicant for a certificate or permit or for amendment, lease or transfer of all or part of a certificate or permit", and after "not to exceed", deleted "ninety days" and added "the duration of the application process", in Paragraph (1), at the beginning of the sentence, added "the notice period for such application has not yet expired, the application is one directly involving public safety, a governmental program or a specific public event"; and after "such service and" added the remainder of the sentence; added Paragraph (3), and in Paragraph (4), after "need", deleted "shall be" and added "has been" and after "made by", deleted "affidavit or other"; in Subsection B, after "temporary authority as a" deleted "common motor" and added "tariffed service"; deleted former Subsection D, which required the applicant for temporary service to notify a motor carrier authorized to perform the service temporarily authorized and permitted the motor carrier to request a hearing on the grant of temporary authority; and added Subsection C.