§271G-10 - Applications for certificates of public convenience and necessity.
[§271G-10] Applications for certificates of
public convenience and necessity. (a) Except as otherwise provided in
this section and in sections 271G-6 and 271G-12, no water carrier shall engage
in operations between points within the State, unless such carrier holds a
certificate of public convenience and necessity issued by the public utilities
commission authorizing such operation, provided that no new application shall
be required for any common carrier by water who is the holder of a certificate
of public convenience and necessity issued by the public utilities commission.
(b) Applications for certificates shall be
made in writing to the commission, be verified under oath, and shall be in such
form and contain such information, and be accompanied by proof of service upon
interested parties as the commission shall, by regulation, require.
(c) A certificate shall be issued to any
qualified applicant therefor, authorizing the whole or any part of the
operations covered by the application if it is found that the applicant is fit,
willing, and able properly to perform the service proposed and to conform to
this chapter and the requirements, rules, and regulations of the commission
thereunder, and that the proposed service, to the extent to be authorized by
the certificate, is or will be required by the present or future public
convenience and necessity; otherwise the application shall be denied.
(d) Any water carrier transporting passengers
under any such certificate may occasionally deviate from the route over which
it is authorized to operate under the certificate under such rules and
regulations as the commission may prescribe. [L 1974, c 94, pt of §1]