1. A. It is hereby declared unlawful for any common carrier of household goods or used emigrant movables by motor vehicle to operate or furnish service within this state without having obtained from the Commission a certificate declaring that public convenience and necessity require such operation, or for any contract carrier of household goods or used emigrant movables by motor vehicle to operate or furnish service within the state without having obtained a permit from the Commission declaring the operation shall be consistent with the public interest. The Commission shall have power, and it shall be its duty after public hearing, to issue said certificate or permit as prayed for, or to refuse to issue the same, or to issue it for the partial exercise only of said privilege sought within sixty (60) days of final hearing, and may attach to the exercise of the rights granted by such certificate or permit such terms and conditions as in its judgment the public convenience and necessity or public interest may require; provided that in all such cases it will be presumed, in the absence of competent evidence to the contrary, that intrastate common carriers operating under existing certificates are rendering adequate service between the points or within the areas authorized to be served by them, and the applicant has the burden of proof to show otherwise; and provided further, that the mere filing of an application does not authorize any person to operate as a motor carrier.

2. B. In granting applications for certification or permits the Commission shall take into consideration the reliability and financial condition of the applicant and his sense of responsibility toward the public; the transportation service being maintained by presently existing motor carriers; and any other matters tending to show the need or lack of necessity for granting said application. No permit for any contract carrier by motor vehicle shall be issued without the applicant proving by competent evidence that the transport service proposed under the contract is not such that it could be reasonably furnished by existing carriers, and further, that such permit would not jeopardize the existing common carrier service.

   Provided, however, that in no instance shall a contract carrier of household goods or used emigrant movables by motor vehicle be authorized to serve more than six contracting shippers at any one time; provided further that such contracts are to be filed and approved by the Commission before the operation thereunder.

3. C. No common motor carrier shall transport property as a contract carrier in the same truck, at the same time that he is transporting property as a common motor carrier. No common motor carrier shall transport any property as a contract carrier which property the carrier is authorized to so transport as a common carrier. No contract motor carrier shall transport property as a common carrier in the same truck at the same time that the contract carrier is transporting property as a contract carrier.
4. D. In the event a person who has once been issued a certificate or permit files an application for additional authority with the Commission, each application shall be identified by consecutive subnumbers and if the application is granted, the additional authority shall be incorporated under the original certificate or permit of the person and identified by the applicable subnumbers. The Commission may at any time after a public hearing and for good cause, suspend, alter, amend or revoke any such certificate or permit. Provided that the record owner of the certificate or permit shall be entitled to have ten (10) days' written notice by certified mail from the Commission of any hearing affecting the certificate or permit, except as hereinafter provided in Section 169 of this title. The right of appeal from the order or orders shall be given as in other cases appealed from orders of the Commission.
5. E. No intrastate carrier shall discontinue any service authorized by permit or certificate under the provisions of this act, without written authority from the Commission. Any carrier to whom a permit or certificate has been issued under the provisions of this act, desiring to discontinue such service, shall apply to the Commission in writing for privilege to so discontinue such service, and give notice in writing in such manner as directed by the Commission, for a period of not less than thirty (30) days prior to the hearing thereof, to the public and all parties interested. Upon the filing of such application for discontinuance, the Commission shall direct the type of service or notice to be given for a period of not less than thirty (30) days, and fix the date of hearing thereof, at which hearing the Commission shall hear evidence and issue its order granting or refusing such application, as the facts developed may justify.
6. F. Permits or certificates shall not be assigned or transferred, in any manner, without authority of the Commission and on written application and public hearing; the transfer of the permits or certificates shall not be authorized when the Commission finds such action will be inconsistent with the public interest, or will have the effect of destroying competition or creating a monopoly, nor where it appears that reasonable continuous service under the authority which is sought to be transferred has not been rendered for one hundred eighty (180) days prior to the application for transfer or assignment. All applications for transfer must be made on proper forms prescribed by the Commission.
7. G. Motor carriers must operate and furnish service in strict conformity with the current existing terms and provisions of their respective certificates or permits. Provided, that it shall not be necessary for any interstate carrier, in order to obtain a permit, as herein provided, to make any showing of public need, except as to the transportation of passengers or freight between points within the state, the power to regulate such operation being specifically reserved herein; and provided further, the Commission shall exercise any additional power that may from time to time be conferred upon the state by any Act of Congress.

8. H. The Commission shall adopt rules prescribing the manner and form in which motor carriers shall apply for certificates or permits required by this section. Among other rules adopted, the application shall be in writing and shall contain:

   1. 1. The name and address of the applicant and the names and addresses of its officers, if any;
   2. 2. Full information concerning the financial conditions and physical properties of the applicant;
   3. 3. The complete route, or routes, over which, or the area within which the applicant desires to operate; and
   4. 4. A schedule or tariff showing the freight rates to be charged between the several points or localities to be served.
9. I. Upon filing of the application, the Commission shall, in its discretion, fix the time and place for the hearing of the same, which shall not be more than forty-five (45) days after the filing of said application.

10. J. In order for the public and all interested parties to receive proper notice, in addition to any notice the Commission may prescribe, the Commission shall circulate, on its own docket form, notice of all applications for, or transfers of, certificates or permits to operate as a motor carrier which have been filed and are pending. The notice shall be published at least fifteen (15) days prior to the date of hearing and shall show:

    1. 1. The time and place of the hearing;
    2. 2. The name and address of the applicant;
    3. 3. The route or territory involved; and
    4. 4. Such other information as the Commission may consider pertinent to the notice.
11. K. Upon written annual request and payment of an annual fee to the Commission, the publication shall immediately be furnished by mail to any person by the Commission. The fee shall be set by the Commission at reasonable cost and shall not exceed the actual expense of publication. The Commission shall upon receipt of any fee deposit the same in the State Treasury to the credit of the General Revenue Fund.

Added by Laws 1929, HB 19, c. 253, § 6, emerg. eff. June 28, 1929; Amended by Laws 1965, HB 922, c. 183, § 2, emerg. eff. June 3, 1965; Amended by Laws 1968, HB 1114, c. 190, § 6, eff. September 30, 1968; Amended by Laws 1995, HB 1283, c. 143, § 18, eff. November 1, 1995.