§ 62‑262.1. Certificates of authority for passenger operations by bus companies.
(a) Except as provided in G.S. 62‑260, 62‑262 and 62‑265,no person shall engage in the transportation of passengers in intrastatecommerce by motor vehicle without having applied for and obtained a certificateauthorizing those operations from the Commission. It shall be unlawful for anyperson to knowingly or willfully operate in intrastate commerce in a mannercontrary to the provisions of this Article or to the rules and regulations ofthe Commission. No certificate shall be amended to enlarge, or in any mannerextend, the scope of operations of a bus company without complying with theprovisions of this section.
(b) Any bus company desiring a certificate of authority to operatein intrastate commerce in this State over fixed routes, or to enlarge or in anymanner extend the scope of its fixed route operations previously granted by theCommission, may do so by filing a verified application with the Commission andby paying the filing fee established by G.S. 62‑300.
(c) The Commission shall issue a certificate of authority to anapplicant for the transportation of passengers over a fixed route or to enlargeor extend authority previously granted, if the Commission finds that theapplicant is fit, willing and able to provide the transportation to beauthorized by the certificate and to comply with the provisions of thisChapter, unless the Commission finds, on the basis of evidence presented by anyperson objecting to the issuance of the certificate, that the transportation tobe authorized is not consistent with the public interest.
(d) In making any findings relating to public interest undersubsection (c) of this section, the Commission shall consider, to the extentapplicable, (i) the transportation policy of this State as it relates to buscompanies under G.S. 62‑259.1 and this Chapter; (ii) the value ofcompetition to the traveling and shipping public; (iii) the effect of issuanceof the certificate on bus company service to small communities; and (iv)whether issuance of the certificate would impair the ability of any other fixedroute carrier of passengers to provide a substantial portion of its fixed routepassenger service, except that diversion of revenue or traffic from a fixedroute carrier of passengers, alone, shall not be sufficient to support afinding that issuance of the certificate would impair the ability of thecarrier to provide a substantial portion of its fixed route passenger service.
(e) Within 10 days after the filing of an application, theapplicant shall provide notice to be given as required by Commission rule. Ifno protest, raising material issues of fact to the granting of the application,is filed with the Commission within 30 days after the notice is given, theCommission may, upon review of the record and without a hearing, issue itscertificate of authority granting the requested operating authority, if it issatisfied that the applicant meets the requirements set forth in subsection (c)of this section.
(f) If protests are filed raising material issues of fact tothe granting of the application, the Commission shall set the application forhearing, as soon as possible, and cause notice to be given as provided by itsrules. At the hearing, the only issues for consideration are those set forth insubsections (c) and (d) of this section. The Commission shall issue its finalorder not later than 180 days after the application is filed.
(g) Any bus company authorized to transport passengers inintrastate commerce over fixed routes in this State and which in fact providesthat service may, without filing a new application or paying further fees: (i)transport newspapers, express parcels or United States mail over the fixedroutes on which it provides passenger transportation; (ii) provide charteroperations to all points in the State; and (iii) transport charter passengersin the same motor vehicles with fixed route passengers.
(h) Any bus company seeking a certificate to engage solely incharter operations within the State, or to enlarge or in any manner extend thescope of its charter operations previously granted by the Commission, mayobtain one by (i) filing a verified application for the authority with theCommission; (ii) paying the applicable filing fee as prescribed by G.S. 62‑300;and (iii) demonstrating that it is fit, willing and able to perform theproposed charter operations.
(i) Within 10 days after filing of an application for charteroperations, the applicant shall provide notice as required by Commission ruleor regulation. If no protests to the granting of the application, raisingmaterial issues of fact, are received by the Commission within 30 days afterthe notice is given, the Commission shall issue its certificate granting therequested authority unless it determines that the applicant is unfit, unwillingor unable to perform the proposed operations. In the event of thisdetermination, or if protests to the proposed operation raising material issuesof fact are received, the Commission shall set the application for hearing, assoon as possible, and provide notice to be given as provided by its rules andshall issue its final order within 180 days after application is filed. At thehearing, the only issue for consideration shall be whether the applicant isfit, willing and able to perform the proposed charter operations and the issueof need shall not be considered. On the issue of its fitness, willingness andability to perform the proposed charter operations, the applicant in its applicationand at any hearing shall present evidence from which the Commission may findthat: (i) the applicant has sufficient assets to perform properly the proposedoperations; (ii) the operation will be conducted only with properly qualifieddrivers; (iii) the applicant will maintain safe, clean and attractive buses andequipment; (iv) the applicant will maintain insurance for the protection of thepublic as provided in this Chapter; (v) the applicant has sufficient equipmentto conduct the proposed operation; and (vi) the applicant will observe allapplicable laws, rules and regulations of this State.
(j) Any bus company authorized and engaged solely in charteroperations shall not be required to transport passengers over a fixed route inthis State as an incidence to its charter operations. (1985, c. 676, s. 20.)
§ 62‑262.1. Certificates of authority for passenger operations by bus companies.
(a) Except as provided in G.S. 62‑260, 62‑262 and 62‑265,no person shall engage in the transportation of passengers in intrastatecommerce by motor vehicle without having applied for and obtained a certificateauthorizing those operations from the Commission. It shall be unlawful for anyperson to knowingly or willfully operate in intrastate commerce in a mannercontrary to the provisions of this Article or to the rules and regulations ofthe Commission. No certificate shall be amended to enlarge, or in any mannerextend, the scope of operations of a bus company without complying with theprovisions of this section.
(b) Any bus company desiring a certificate of authority to operatein intrastate commerce in this State over fixed routes, or to enlarge or in anymanner extend the scope of its fixed route operations previously granted by theCommission, may do so by filing a verified application with the Commission andby paying the filing fee established by G.S. 62‑300.
(c) The Commission shall issue a certificate of authority to anapplicant for the transportation of passengers over a fixed route or to enlargeor extend authority previously granted, if the Commission finds that theapplicant is fit, willing and able to provide the transportation to beauthorized by the certificate and to comply with the provisions of thisChapter, unless the Commission finds, on the basis of evidence presented by anyperson objecting to the issuance of the certificate, that the transportation tobe authorized is not consistent with the public interest.
(d) In making any findings relating to public interest undersubsection (c) of this section, the Commission shall consider, to the extentapplicable, (i) the transportation policy of this State as it relates to buscompanies under G.S. 62‑259.1 and this Chapter; (ii) the value ofcompetition to the traveling and shipping public; (iii) the effect of issuanceof the certificate on bus company service to small communities; and (iv)whether issuance of the certificate would impair the ability of any other fixedroute carrier of passengers to provide a substantial portion of its fixed routepassenger service, except that diversion of revenue or traffic from a fixedroute carrier of passengers, alone, shall not be sufficient to support afinding that issuance of the certificate would impair the ability of thecarrier to provide a substantial portion of its fixed route passenger service.
(e) Within 10 days after the filing of an application, theapplicant shall provide notice to be given as required by Commission rule. Ifno protest, raising material issues of fact to the granting of the application,is filed with the Commission within 30 days after the notice is given, theCommission may, upon review of the record and without a hearing, issue itscertificate of authority granting the requested operating authority, if it issatisfied that the applicant meets the requirements set forth in subsection (c)of this section.
(f) If protests are filed raising material issues of fact tothe granting of the application, the Commission shall set the application forhearing, as soon as possible, and cause notice to be given as provided by itsrules. At the hearing, the only issues for consideration are those set forth insubsections (c) and (d) of this section. The Commission shall issue its finalorder not later than 180 days after the application is filed.
(g) Any bus company authorized to transport passengers inintrastate commerce over fixed routes in this State and which in fact providesthat service may, without filing a new application or paying further fees: (i)transport newspapers, express parcels or United States mail over the fixedroutes on which it provides passenger transportation; (ii) provide charteroperations to all points in the State; and (iii) transport charter passengersin the same motor vehicles with fixed route passengers.
(h) Any bus company seeking a certificate to engage solely incharter operations within the State, or to enlarge or in any manner extend thescope of its charter operations previously granted by the Commission, mayobtain one by (i) filing a verified application for the authority with theCommission; (ii) paying the applicable filing fee as prescribed by G.S. 62‑300;and (iii) demonstrating that it is fit, willing and able to perform theproposed charter operations.
(i) Within 10 days after filing of an application for charteroperations, the applicant shall provide notice as required by Commission ruleor regulation. If no protests to the granting of the application, raisingmaterial issues of fact, are received by the Commission within 30 days afterthe notice is given, the Commission shall issue its certificate granting therequested authority unless it determines that the applicant is unfit, unwillingor unable to perform the proposed operations. In the event of thisdetermination, or if protests to the proposed operation raising material issuesof fact are received, the Commission shall set the application for hearing, assoon as possible, and provide notice to be given as provided by its rules andshall issue its final order within 180 days after application is filed. At thehearing, the only issue for consideration shall be whether the applicant isfit, willing and able to perform the proposed charter operations and the issueof need shall not be considered. On the issue of its fitness, willingness andability to perform the proposed charter operations, the applicant in its applicationand at any hearing shall present evidence from which the Commission may findthat: (i) the applicant has sufficient assets to perform properly the proposedoperations; (ii) the operation will be conducted only with properly qualifieddrivers; (iii) the applicant will maintain safe, clean and attractive buses andequipment; (iv) the applicant will maintain insurance for the protection of thepublic as provided in this Chapter; (v) the applicant has sufficient equipmentto conduct the proposed operation; and (vi) the applicant will observe allapplicable laws, rules and regulations of this State.
(j) Any bus company authorized and engaged solely in charteroperations shall not be required to transport passengers over a fixed route inthis State as an incidence to its charter operations. (1985, c. 676, s. 20.)
§ 62‑262.1. Certificates of authority for passenger operations by bus companies.
(a) Except as provided in G.S. 62‑260, 62‑262 and 62‑265,no person shall engage in the transportation of passengers in intrastatecommerce by motor vehicle without having applied for and obtained a certificateauthorizing those operations from the Commission. It shall be unlawful for anyperson to knowingly or willfully operate in intrastate commerce in a mannercontrary to the provisions of this Article or to the rules and regulations ofthe Commission. No certificate shall be amended to enlarge, or in any mannerextend, the scope of operations of a bus company without complying with theprovisions of this section.
(b) Any bus company desiring a certificate of authority to operatein intrastate commerce in this State over fixed routes, or to enlarge or in anymanner extend the scope of its fixed route operations previously granted by theCommission, may do so by filing a verified application with the Commission andby paying the filing fee established by G.S. 62‑300.
(c) The Commission shall issue a certificate of authority to anapplicant for the transportation of passengers over a fixed route or to enlargeor extend authority previously granted, if the Commission finds that theapplicant is fit, willing and able to provide the transportation to beauthorized by the certificate and to comply with the provisions of thisChapter, unless the Commission finds, on the basis of evidence presented by anyperson objecting to the issuance of the certificate, that the transportation tobe authorized is not consistent with the public interest.
(d) In making any findings relating to public interest undersubsection (c) of this section, the Commission shall consider, to the extentapplicable, (i) the transportation policy of this State as it relates to buscompanies under G.S. 62‑259.1 and this Chapter; (ii) the value ofcompetition to the traveling and shipping public; (iii) the effect of issuanceof the certificate on bus company service to small communities; and (iv)whether issuance of the certificate would impair the ability of any other fixedroute carrier of passengers to provide a substantial portion of its fixed routepassenger service, except that diversion of revenue or traffic from a fixedroute carrier of passengers, alone, shall not be sufficient to support afinding that issuance of the certificate would impair the ability of thecarrier to provide a substantial portion of its fixed route passenger service.
(e) Within 10 days after the filing of an application, theapplicant shall provide notice to be given as required by Commission rule. Ifno protest, raising material issues of fact to the granting of the application,is filed with the Commission within 30 days after the notice is given, theCommission may, upon review of the record and without a hearing, issue itscertificate of authority granting the requested operating authority, if it issatisfied that the applicant meets the requirements set forth in subsection (c)of this section.
(f) If protests are filed raising material issues of fact tothe granting of the application, the Commission shall set the application forhearing, as soon as possible, and cause notice to be given as provided by itsrules. At the hearing, the only issues for consideration are those set forth insubsections (c) and (d) of this section. The Commission shall issue its finalorder not later than 180 days after the application is filed.
(g) Any bus company authorized to transport passengers inintrastate commerce over fixed routes in this State and which in fact providesthat service may, without filing a new application or paying further fees: (i)transport newspapers, express parcels or United States mail over the fixedroutes on which it provides passenger transportation; (ii) provide charteroperations to all points in the State; and (iii) transport charter passengersin the same motor vehicles with fixed route passengers.
(h) Any bus company seeking a certificate to engage solely incharter operations within the State, or to enlarge or in any manner extend thescope of its charter operations previously granted by the Commission, mayobtain one by (i) filing a verified application for the authority with theCommission; (ii) paying the applicable filing fee as prescribed by G.S. 62‑300;and (iii) demonstrating that it is fit, willing and able to perform theproposed charter operations.
(i) Within 10 days after filing of an application for charteroperations, the applicant shall provide notice as required by Commission ruleor regulation. If no protests to the granting of the application, raisingmaterial issues of fact, are received by the Commission within 30 days afterthe notice is given, the Commission shall issue its certificate granting therequested authority unless it determines that the applicant is unfit, unwillingor unable to perform the proposed operations. In the event of thisdetermination, or if protests to the proposed operation raising material issuesof fact are received, the Commission shall set the application for hearing, assoon as possible, and provide notice to be given as provided by its rules andshall issue its final order within 180 days after application is filed. At thehearing, the only issue for consideration shall be whether the applicant isfit, willing and able to perform the proposed charter operations and the issueof need shall not be considered. On the issue of its fitness, willingness andability to perform the proposed charter operations, the applicant in its applicationand at any hearing shall present evidence from which the Commission may findthat: (i) the applicant has sufficient assets to perform properly the proposedoperations; (ii) the operation will be conducted only with properly qualifieddrivers; (iii) the applicant will maintain safe, clean and attractive buses andequipment; (iv) the applicant will maintain insurance for the protection of thepublic as provided in this Chapter; (v) the applicant has sufficient equipmentto conduct the proposed operation; and (vi) the applicant will observe allapplicable laws, rules and regulations of this State.
(j) Any bus company authorized and engaged solely in charteroperations shall not be required to transport passengers over a fixed route inthis State as an incidence to its charter operations. (1985, c. 676, s. 20.)
