§ 62‑112. Effective date, suspension and revocation of franchises; dormant motor carrierfranchises.
(a) Franchises shall be effective from the date issued unlessotherwise specified therein, and shall remain in effect until terminated underthe terms thereof, or until suspended or revoked as herein provided.
(b) Any franchise may be suspended or revoked, in whole or inpart, in the discretion of the Commission, upon application of the holderthereof; or, after notice and hearing, may be suspended or revoked, in whole orin part, upon complaint, or upon the Commission's own initiative, for wilfulfailure to comply with any provision of this Chapter, or with any lawful order,rule, or regulation of the Commission promulgated thereunder, or with any term,condition or limitation of such franchise; provided, however, that any suchfranchise may be suspended by the Commission upon notice to the holder orlessee thereof without a hearing for any one or more of the following causes:
(1) For failure to provide and keep in force at all timessecurity, bond, insurance or self‑insurance for the protection of thepublic as required in G.S. 62‑268 of this Chapter.
(2) For failure to file and keep on file with the Commissionapplicable tariffs or schedules of rates as required in this Chapter.
(3) For failure to pay any gross receipts, use or privilegetaxes due the State of North Carolina within 30 days after demand in writingfrom the agency of the State authorized by law to collect the same; provided,that this subdivision shall not apply to instances in which there is a bonafide controversy as to tax liability.
(4) For failure for a period of 60 days after execution to payany final judgment rendered by a court of competent jurisdiction against anyholder or lessee of a franchise for any debt or claim specified in G.S. 62‑111(b)and (c).
(5) For failure to begin operations as authorized by theCommission within the time specified by order of the Commission, or forsuspension of authorized operations for a period of 30 days without the writtenconsent of the Commission, save in the case of involuntary failure orsuspension brought about by compulsion upon the franchise holder or lessee.
(c) The failure of a common carrier of passengers or householdgoods by motor vehicles to perform any transportation for compensation underthe authority of its certificate for a period of 30 consecutive days shall beprima facie evidence that said franchise is dormant and the public convenienceand necessity is no longer served by such common carrier certificate. Uponfinding after notice and hearing that no such service has been performed for aperiod of 30 days the Commission is authorized to find that the franchise isdormant and to cancel the certificate of such common carrier. The Commission inits discretion may give consideration in such finding to other factorsaffecting the performance of such service, including seasonal requirements ofthe passengers or commodities authorized to be transported, the efforts of thecarrier to make its services known to the public, the equipment and otherfacilities maintained by the carrier for performance of such service, and themeans by which such carrier holds itself out to perform such service. Aproceeding may be brought under this section by the Commission on its ownmotion or upon the complaint of any shipper or any other carrier. The franchiseof a motor carrier may be canceled under the provisions of this section in anyproceeding to sell or transfer or otherwise change control of said franchisebrought under the provisions of G.S. 62‑111, upon finding of dormancy asprovided in this section. Any motor carrier who has obtained authority tosuspend operations under the provisions of G.S. 62‑112(b)(5) and therules of the Utilities Commission issued thereunder shall not be subject tocancellation of its franchise under this section during the time suchsuspension of operations is authorized. In determining whether such carrier hasmade reasonable efforts to perform service under said franchise the Commissionmay in its discretion give consideration to disabilities of the carrierincluding death of the owner and physical disabilities.
(d) This section shall be applicable to bus companies. (1947, c. 1008, s. 23; 1949, c. 1132, s. 21; 1963, c.1165, s. 1; 1967, c. 1201; 1985, c. 676, s. 12; 1995, c. 523, s. 3.)
§ 62‑112. Effective date, suspension and revocation of franchises; dormant motor carrierfranchises.
(a) Franchises shall be effective from the date issued unlessotherwise specified therein, and shall remain in effect until terminated underthe terms thereof, or until suspended or revoked as herein provided.
(b) Any franchise may be suspended or revoked, in whole or inpart, in the discretion of the Commission, upon application of the holderthereof; or, after notice and hearing, may be suspended or revoked, in whole orin part, upon complaint, or upon the Commission's own initiative, for wilfulfailure to comply with any provision of this Chapter, or with any lawful order,rule, or regulation of the Commission promulgated thereunder, or with any term,condition or limitation of such franchise; provided, however, that any suchfranchise may be suspended by the Commission upon notice to the holder orlessee thereof without a hearing for any one or more of the following causes:
(1) For failure to provide and keep in force at all timessecurity, bond, insurance or self‑insurance for the protection of thepublic as required in G.S. 62‑268 of this Chapter.
(2) For failure to file and keep on file with the Commissionapplicable tariffs or schedules of rates as required in this Chapter.
(3) For failure to pay any gross receipts, use or privilegetaxes due the State of North Carolina within 30 days after demand in writingfrom the agency of the State authorized by law to collect the same; provided,that this subdivision shall not apply to instances in which there is a bonafide controversy as to tax liability.
(4) For failure for a period of 60 days after execution to payany final judgment rendered by a court of competent jurisdiction against anyholder or lessee of a franchise for any debt or claim specified in G.S. 62‑111(b)and (c).
(5) For failure to begin operations as authorized by theCommission within the time specified by order of the Commission, or forsuspension of authorized operations for a period of 30 days without the writtenconsent of the Commission, save in the case of involuntary failure orsuspension brought about by compulsion upon the franchise holder or lessee.
(c) The failure of a common carrier of passengers or householdgoods by motor vehicles to perform any transportation for compensation underthe authority of its certificate for a period of 30 consecutive days shall beprima facie evidence that said franchise is dormant and the public convenienceand necessity is no longer served by such common carrier certificate. Uponfinding after notice and hearing that no such service has been performed for aperiod of 30 days the Commission is authorized to find that the franchise isdormant and to cancel the certificate of such common carrier. The Commission inits discretion may give consideration in such finding to other factorsaffecting the performance of such service, including seasonal requirements ofthe passengers or commodities authorized to be transported, the efforts of thecarrier to make its services known to the public, the equipment and otherfacilities maintained by the carrier for performance of such service, and themeans by which such carrier holds itself out to perform such service. Aproceeding may be brought under this section by the Commission on its ownmotion or upon the complaint of any shipper or any other carrier. The franchiseof a motor carrier may be canceled under the provisions of this section in anyproceeding to sell or transfer or otherwise change control of said franchisebrought under the provisions of G.S. 62‑111, upon finding of dormancy asprovided in this section. Any motor carrier who has obtained authority tosuspend operations under the provisions of G.S. 62‑112(b)(5) and therules of the Utilities Commission issued thereunder shall not be subject tocancellation of its franchise under this section during the time suchsuspension of operations is authorized. In determining whether such carrier hasmade reasonable efforts to perform service under said franchise the Commissionmay in its discretion give consideration to disabilities of the carrierincluding death of the owner and physical disabilities.
(d) This section shall be applicable to bus companies. (1947, c. 1008, s. 23; 1949, c. 1132, s. 21; 1963, c.1165, s. 1; 1967, c. 1201; 1985, c. 676, s. 12; 1995, c. 523, s. 3.)
§ 62‑112. Effective date, suspension and revocation of franchises; dormant motor carrierfranchises.
(a) Franchises shall be effective from the date issued unlessotherwise specified therein, and shall remain in effect until terminated underthe terms thereof, or until suspended or revoked as herein provided.
(b) Any franchise may be suspended or revoked, in whole or inpart, in the discretion of the Commission, upon application of the holderthereof; or, after notice and hearing, may be suspended or revoked, in whole orin part, upon complaint, or upon the Commission's own initiative, for wilfulfailure to comply with any provision of this Chapter, or with any lawful order,rule, or regulation of the Commission promulgated thereunder, or with any term,condition or limitation of such franchise; provided, however, that any suchfranchise may be suspended by the Commission upon notice to the holder orlessee thereof without a hearing for any one or more of the following causes:
(1) For failure to provide and keep in force at all timessecurity, bond, insurance or self‑insurance for the protection of thepublic as required in G.S. 62‑268 of this Chapter.
(2) For failure to file and keep on file with the Commissionapplicable tariffs or schedules of rates as required in this Chapter.
(3) For failure to pay any gross receipts, use or privilegetaxes due the State of North Carolina within 30 days after demand in writingfrom the agency of the State authorized by law to collect the same; provided,that this subdivision shall not apply to instances in which there is a bonafide controversy as to tax liability.
(4) For failure for a period of 60 days after execution to payany final judgment rendered by a court of competent jurisdiction against anyholder or lessee of a franchise for any debt or claim specified in G.S. 62‑111(b)and (c).
(5) For failure to begin operations as authorized by theCommission within the time specified by order of the Commission, or forsuspension of authorized operations for a period of 30 days without the writtenconsent of the Commission, save in the case of involuntary failure orsuspension brought about by compulsion upon the franchise holder or lessee.
(c) The failure of a common carrier of passengers or householdgoods by motor vehicles to perform any transportation for compensation underthe authority of its certificate for a period of 30 consecutive days shall beprima facie evidence that said franchise is dormant and the public convenienceand necessity is no longer served by such common carrier certificate. Uponfinding after notice and hearing that no such service has been performed for aperiod of 30 days the Commission is authorized to find that the franchise isdormant and to cancel the certificate of such common carrier. The Commission inits discretion may give consideration in such finding to other factorsaffecting the performance of such service, including seasonal requirements ofthe passengers or commodities authorized to be transported, the efforts of thecarrier to make its services known to the public, the equipment and otherfacilities maintained by the carrier for performance of such service, and themeans by which such carrier holds itself out to perform such service. Aproceeding may be brought under this section by the Commission on its ownmotion or upon the complaint of any shipper or any other carrier. The franchiseof a motor carrier may be canceled under the provisions of this section in anyproceeding to sell or transfer or otherwise change control of said franchisebrought under the provisions of G.S. 62‑111, upon finding of dormancy asprovided in this section. Any motor carrier who has obtained authority tosuspend operations under the provisions of G.S. 62‑112(b)(5) and therules of the Utilities Commission issued thereunder shall not be subject tocancellation of its franchise under this section during the time suchsuspension of operations is authorized. In determining whether such carrier hasmade reasonable efforts to perform service under said franchise the Commissionmay in its discretion give consideration to disabilities of the carrierincluding death of the owner and physical disabilities.
(d) This section shall be applicable to bus companies. (1947, c. 1008, s. 23; 1949, c. 1132, s. 21; 1963, c.1165, s. 1; 1967, c. 1201; 1985, c. 676, s. 12; 1995, c. 523, s. 3.)
