NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 1201

HOUSE BILL 1214

 

 

AN ACT TO AMEND CHAPTER 62 OF THE GENERAL STATUTES TO PROVIDE STANDARDS FOR DETERMINING WHEN A MOTOR CARRIER FRANCHISE HAS BECOME DORMANT AND TO AUTHORIZE CANCELLATION OF THE CERTIFICATE OR PERMIT THEREOF.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 62-112 is hereby amended by rewriting the caption thereto to read as follows:

"G.S. 62-112.  Effective Date, Suspension and Revocation of Franchises; Dormant Motor Carrier Franchises."

Sec. 2.  G.S. 62-112 is further amended by adding a new subsection (c) at the end thereof to read as follows:

"(c)       The failure of a common carrier or contract carrier of passengers or property by motor vehicles to perform any transportation for compensation under the authority of its certificate or permit for a period of 30 consecutive days shall be prima facie evidence that said franchise is dormant and the public convenience and necessity is no longer served by such common carrier certificate or that the needs of a contract shipper are no longer served by such a contract carrier. Upon finding after notice and hearing that no such service has been performed for a period of 30 days the Commission is authorized to find that the franchise is dormant and to cancel the certificate or permit of such common or contract carrier. The Commission in its discretion may give consideration in such finding to other factors affecting the performance of such service, including seasonal requirements of the passengers or commodities authorized to be transported, the efforts of the carrier to make its services known to the public or to its contract shipper, the equipment and other facilities maintained by the carrier for performance of such service, and the means by which such carrier holds itself out to perform such service. A proceeding may be brought under this Section by the Commission on its own motion or upon the complaint of any shipper or any other carrier. The franchise of a motor carrier may be cancelled under the provisions of this Section in any proceeding to sell or transfer or otherwise change control of said franchise brought under the provisions of G.S. 62-111, upon finding of dormancy as provided in this Section. Any motor carrier who has obtained authority to suspend operations under the provisions of G.S. 62-112(b)(5) and the rules of the Utilities Commission issued thereunder shall not be subject to cancellation of its franchise under this Section during the time such suspension of operations is authorized. In determining whether such carrier has made reasonable efforts to perform service under said franchise the Commission may in its discretion give consideration to disabilities of the carrier including death of the owner and physical disabilities."

Sec. 3.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 4.  This Act shall be in full force and effect from and after January 1, 1968.

In the General Assembly read three times and ratified, this the 6th day of July, 1967.