TITLE XXXIV
PUBLIC UTILITIES

Chapter 376
MOTOR CARRIERS OF PASSENGERS

Section 376:1

    376:1 Declaration of Policy. – It is hereby declared to be the policy of the legislature to provide for proper regulation of the transportation of passengers by motor vehicle upon the highways of this state, subject to the provisions of this chapter so administered as to recognize and preserve the inherent advantages of such transportation, to promote safe, adequate, economical and efficient service by passenger motor carriers, and reasonable charges therefor, without unjust discrimination, undue preferences or advantages or unfair or destructive competitive practices; to improve the relations between and coordinate transportation by and the regulation of passenger motor carriers and other carriers; to develop and preserve a highway passenger transportation system properly adapted to the needs of the state; and to promote safety upon its highways in the interest of its citizens. The provisions of this chapter shall be administered and enforced with a view to carrying out the above declaration of policy.

Source. 1941, 224:1. RL 304:1.

Section 376:2

    376:2 Definition of Terms. –
The following words and phrases as used in this chapter shall have the following meanings, unless the context clearly requires otherwise:
I. The term "department" means the department of safety.
II. The term "person" means any individual, firm, copartnership, corporation, company, association or joint-stock association, railroad corporation, including any trustee, administrator, executor, receiver, assignee or other personal representative thereof.
III. The term "motor carrier" includes both a common carrier and a contract carrier of passengers by motor vehicle.
IV. The term "common carrier of passengers" means a person holding itself out to the general public to provide motor vehicle transportation for compensation over regular or irregular routes, or both.
V. The term "regular route common carrier" means any common carrier of passengers by motor vehicle who operates over regular routes between points within this state.
VI. The term "irregular route common carrier" means any common carrier of passengers by motor vehicle who operates over irregular routes between points within this state.
VII. The term "contract carrier of passengers" means a person providing motor vehicle transportation for compensation under continuing agreements with one or more persons:
(a) By assigning motor vehicles for a continuing period of time for the exclusive use of each such person; or
(b) Designed to meet the distinct needs of each person.
VIII. The term "certificate" means a certificate of public convenience and necessity issued under the provisions of this chapter to a common carrier of passengers by motor vehicle.
IX. The term "permit" means a permit issued under the provisions of this chapter to a contract carrier of passengers by motor vehicle.
X. The term "highway" means the roads, highways, streets and ways laid out for and used generally by the public.
XI. The term "taxicab" means any rubber-tired motor vehicle having a manufacturer's rated seating capacity of not more than 7 persons used in the call and demand transportation of passengers for compensation to or from points chosen or designated by the passengers and not operated on a fixed schedule between fixed termini; or any such vehicle leased or rented, or held for leasing or renting, with or without drivers or operators.
XII. The term "vanpooling" means an arrangement for the transportation of persons to and from work on a nonprofit basis utilizing a motor vehicle manufactured primarily for use in transporting not less than 8 people and not more than 15 people, whose operator must be 18 years of age or older and must hold a vanpool operator's permit. The director of motor vehicles shall issue such permits at no charge, and shall require such examination as to the operator's qualifications as he may deem necessary.

Source. 1941, 224:2. RL 304:2. 1949, 166:1, 2. 1951, 203:1. RSA 376:2. 1977, 382:1. 1985, 402:6, I(e)(7). 1988, 288:24. 1989, 325:15, 16, eff. July 1, 1989.

Section 376:3

    376:3 Exemptions. – There shall be exempt from the provisions of this chapter (1) motor vehicles while employed solely in transporting school children and teachers to or from the school for which such arrangements are within the supervision or control of the local or appropriate state school board authorities; or (2) taxicabs, and other motor vehicles having a manufacturer's rated seating capacity of not more than 7 persons, unless, after investigation, the department shall be of the opinion that the service provided is in competition with the schedules of a common carrier by highway or railroad; or (3) motor vehicles owned or operated by hotels which are used exclusively for the transportation of hotel patrons between hotels and local railroad or other common carrier stations; or (4) motor vehicles while engaged exclusively in work for any branch of the government of the United States or for any department of this state, or for any county, city, town or village; or (5) motor vehicles while engaged exclusively in the delivery of the United States mail; or (6) vans engaged in vanpooling not less than 8 people and not more than 15 people to and from work on a nonprofit basis and in which the operating costs and a reasonable vehicle depreciation cost for such vehicle are paid principally by those people utilizing such arrangement.

Source. 1941, 224:3. RL 304:3. 1949, 166:3. RSA 376:3. 1977, 382:2. 1985, 402:6, I(e)(7).

Section 376:3-a

    376:3-a Certification as Vanpool Operator. – Each person, upon being certified by the director of the division of motor vehicles of the department of safety as a vanpool operator, shall provide said director with a certificate indicating that the vehicle used in vanpooling service is covered by a liability insurance policy in such amount as may be prescribed by the director.

Source. 1977, 382:3, eff. Sept. 3, 1977.

Section 376:3-b

    376:3-b Safety Requirements. – Each vehicle operated in vanpooling service shall comply with the safety requirements as issued by the department applicable to common and contract carriers of passengers for hire.

Source. 1977, 382:3. 1985, 402:6, I(e)(7).

Section 376:4

    376:4 Common Carrier Certificate Required. – No person shall engage in the business of operating a motor vehicle as a common carrier of passengers between points in this state unless he holds a certificate issued by the department authorizing such operations; provided, however, that, if he or his predecessor in interest, including street railways operating motor vehicles in substitution for or in connection with street car operations, was engaged in bona fide operation as a common carrier over regular or irregular routes, by motor vehicle, as provided by the definitions in RSA 376:2, V and VI, on June 13, 1941, over the route or routes or within the territory for which application is made and has so operated since that time, or, if engaged in furnishing seasonal service only, was in bona fide operation on said date during the season ordinarily covered by its operation, except in either instance as to interruptions of service over which the applicant or his predecessor in interest had no control, the department shall issue such certificate without requiring further proof that the public convenience and necessity will be served by such operation, and without further proceedings, if application for such certificate is made to the department as provided by RSA 376:9, on or before April 1, 1942. Otherwise, the application for such certificate shall be decided in accordance with the procedure provided for in RSA 376:5 or 376:8 and such certificate shall be issued or denied accordingly. Pending action on any application, the continuance of such operation shall be lawful.

Source. 1941, 224:4. RL 304:4. RSA 376:4. 1985, 402:6, I(e)(7).

Section 376:5

    376:5 Issuance of Common Carrier Certificate. –
I. A certificate authorizing, in whole or in part, an operation for which application is made shall be issued to any qualified applicant.
II. Conditions for qualifications:
(a) The applicant must be fit, willing, and able to properly perform the proposed service;
(b) The applicant must agree to conform to the provisions of RSA 376 and any rules adopted by the commissioner relative to RSA 376; and
(c) The proposed service must be required by the present or future public convenience.

Source. 1941, 224:5. RL 304:5. RSA 376:5. 1981, 435:25. 1985, 402:6, I(e)(7).

Section 376:6

    376:6 Provisions of Common Carrier Certificate. –
I. Each common carrier certificate shall specify:
(a) The type of proposed service; and
(b) The scope of proposed service, including:
(1) Routes over which the motor carrier may operate and fixed termini, if any; or
(2) Territory within which the motor carrier may operate.
II. The department may impose reasonable conditions, as required by the public convenience and necessity, on the operations authorized by the certificate when the certificate is issued or at any later time. However, a carrier may add to its equipment within the scope of the routes or territory specified in the certificate if the increase in equipment is required by the development of the carrier's business and public demands.
III. A common carrier by motor vehicle may deviate from its authorized route as permitted in rules adopted by the commissioner or if highway conditions make operation over regular routes impracticable.
IV. A certificate authorizing the transportation of passengers may also permit transportation of:
(a) Newspapers, baggage of passengers, express, or mail in the same vehicle with the passengers; or
(b) Baggage of passengers in a separate vehicle.

Source. 1941, 224:6. RL 304:6. RSA 376:6. 1981, 435:26. 1985, 402:6, I(e)(7).

Section 376:7

    376:7 Contract Carrier Permit Required. – No person shall operate a motor vehicle as a contract carrier of passengers between points in this state without a permit issued by the department.

Source. 1941, 224:7. RL 304:7. RSA 376:7. 1981, 435:27. 1985, 402:6, I(e)(7).

Section 376:8

    376:8 Issuance of Contract Carrier Permit. –
I. A permit authorizing, in whole or in part, an operation for which application is made shall be issued to any qualified applicant.
II. Conditions for qualification:
(a) The applicant must be fit, willing, and able to properly perform the proposed service;
(b) The applicant must agree to conform to the provisions of RSA 376 and any rules adopted by the commissioner relative to RSA 376; and
(c) The proposed service must be consistent with the public interest and the policy declared in RSA 376:1.
III. Each contract carrier certificate shall specify:
(a) The business of the contract carrier; and
(b) The scope of the carrier's business.
IV. The department shall impose reasonable conditions on the contract carrier's operations when the permit is issued or at any later time in accordance with rules adopted by the commissioner. However, a carrier may substitute or add contracts or add to its equipment and facilities if the change is within the scope of its permit and is required by the development of the carrier's business and public demands.

Source. 1941, 224:8. RL 304:8. RSA 376:8. 1981, 435:28. 1985, 402:6, I(e)(7).

Section 376:9

    376:9 Applications for Certificates and Permits. –
Applications for certificates and permits required by RSA 376:4 and RSA 376:7 shall be:
I. Made in writing to the department;
II. Verified under oath;
III. Accompanied by the proper fee;
IV. In the form specified in rules adopted by the commissioner pursuant to RSA 541-A; and
V. With the information specified in rules adopted by the commissioner pursuant to RSA 541-A.

Source. 1941, 224:9. RL 304:9. RSA 376:9. 1981, 435:29. 1985, 402:6, I(e)(7).

Section 376:10

    376:10 Amendment, Suspension and Revocation of Certificates and Permits. –
I. Certificates and permits issued by the department under RSA 376 become effective on the date specified in the certificate or permit.
II. Certificates and permits remain in effect until suspended or revoked by the department.
III. Conditions for amendment, suspension or revocation of a certificate or permit:
(a) The department must provide notice and hearing.
(b) The department may act on its own initiative or upon application.
(c) The amendment, suspension or revocation may be in whole or in part.
(d) A certificate or permit may be amended, suspended or revoked if the holder of the permit or certificate willfully violates:
(1) Any provision of RSA 376;
(2) Rules adopted by the commissioner, pursuant to RSA 541-A, relative to RSA 376; or
(3) Any provision in a certificate or permit.
IV. If the department suspends or revokes a certificate or permit, the department shall notify the division of motor vehicles. The division of motor vehicles shall revoke or suspend the registration of each vehicle registered with the division of motor vehicles under RSA 376:24 for the period specified by the department.

Source. 1941, 224:10. RL 304:10. RSA 376:10. 1961, 166:15. 1981, 435:30. 1985, 402:6, I(e)(7).

Section 376:11

    376:11 Discontinuance of Operations. – Except as provided in RSA 376:10, the holder of a certificate authorizing regular route operations shall not discontinue operations carried on thereunder without the consent of the department.

Source. 1941, 224:11. RL 304:11. RSA 376:11. 1985, 402:6, I(e)(7).

Section 376:12

    376:12 Transfer of Certificates and Permits. – No certificate or permit, nor any rights thereunder, shall be transferred without the approval of the department.

Source. 1941, 224:12. RL 304:12. RSA 376:12. 1985, 402:6, I(e)(7).

Section 376:13

    376:13 Security for the Protection of Passengers. – No certificate or permit issued to a motor carrier under the provisions of this chapter shall remain in effect unless such carrier shall file with the department, and keep in force, a certificate of insurance, an insurance policy or indemnity bond in such form and in such reasonable amount as the department may require providing for the payment of any final judgment recovered against such motor carrier for bodily injuries to, or the death of, any person using the facilities of motor carriers of passengers resulting from the negligent operation, maintenance, or use of motor vehicles under such certificate or permit.

Source. 1941, 224:13. RL 304:13. RSA 376:13. 1963, 130:2. 1985, 402:6, I(e)(7).

Section 376:14

    376:14 Rates, Fares and Charges. –
I. Every common carrier of passengers by motor vehicle shall print schedules of rates, fares and charges of the carrier for the transportation of passengers and baggage or for any other service and file these schedules with the department. Such schedules shall be open to public inspection.
II. The commissioner may adopt rules, pursuant to RSA 541-A, relative to the form and content of the filing and printing and the time within which the filing and printing are required.
III. Unless the department so orders, no carrier shall change a rate, fare or charge which has been filed with the department, except after 30 days' notice to the department and notice to the public as the department directs.

Source. 1941, 224:14. RL 304:14. RSA 376:14. 1981, 435:31. 1985, 402:6, I(e)(7).

Section 376:15

    376:15 Discrimination Prohibited. – It shall be unlawful for any common carrier by motor vehicle engaged in transportation between points in this state to make, give, or cause any undue or unreasonable preference or advantage to any particular person or locality in any respect whatsoever, or to subject any particular person or locality to any unjust discrimination or any undue or unreasonable prejudice or disadvantage in any respect whatsoever.

Source. 1941, 224:15. RL 304:15.

Section 376:16

    376:16 Complaints; Hearings. –
I. The department may investigate, upon complaint or on its own initiative, or hold a hearing, after notice, to determine the appropriateness for any common carrier or carrier by motor vehicle transporting persons between points in this state of:
(a) Any filed or proposed rate, fare or charge; or
(b) Any carrier regulation or practice affecting a rate, fare or charge.
II. If the department finds that any rate, fare or charge is unjust, unreasonable, unlawful or unjustly discriminatory or unduly preferential or prejudicial, the department may order:
(a) A new rate, fare or charge, including maximum or minimum amounts; or
(b) A new regulation or practice to be followed by the carrier.
III. The department shall, after hearing, upon complaint or on its own initiative when it is in the public interest, establish:
(a) Through routes, including the conditions of their operation;
(b) Joint rates, fares and charges, including maximum and minimum amounts; and
(c) Carrier regulations or practices affecting the transportation of passengers by motor vehicle.

Source. 1941, 224:16. RL 304:16. RSA 376:16. 1981, 435:32. 1985, 402:6, I(e)(7).

Section 376:17

    376:17 Adherence to Tariffs. – No common carrier by motor vehicle shall charge or demand or collect or receive a greater or lesser or different compensation for transportation or for any service in connection therewith between the points enumerated in such tariff than the rates, fares, and charges specified in the tariffs in effect at the time; and no such carrier shall refund or remit in any manner or by any device, directly or indirectly, or through any agent or otherwise, any portion of the rates, fares, or charges so specified, or extend to any person any privileges or facilities for transportation between points in this state except such as are specified in its tariffs.

Source. 1941, 224:17. RL 304:17.

Section 376:18

    376:18 Schedules of Minimum Charges; Contracts. –
I. Every contract carrier of passengers by motor vehicle shall:
(a) Print schedules of minimum charges and, if required by the department, copies of contracts of the carrier for the transportation of passengers between points in this state;
(b) File contracts, if required, with the department;
(c) File a tariff with the department which shall include schedules of minimum charges and carrier regulations or practices affecting a charge; and
(d) Keep filed schedules and contracts posted and available for public inspection.
II. The commissioner may adopt rules, pursuant to RSA 541-A, relative to:
(a) Form and content of the filing and printing;
(b) Posting of schedules and contracts; and
(c) Manner in which printed schedules and contracts are to be available for public inspection.
III. No contract carrier shall charge or receive, in any way, for any service rendered less than the charge filed with the department.
IV. Any carrier may request an exemption from the department from the requirements of RSA 376:18. The department may, in its discretion, grant relief consistent with the public interest and the policy declared in RSA 376:1.

Source. 1941, 224:18. RL 304:18. RSA 376:18. 1981, 435:33. 1985, 402:6, I(e)(7).

Section 376:19

    376:19 Hearings; Orders. –
If the department, after a hearing upon complaint or on its own initiative, determines that a charge by any contract carrier by motor vehicle or any carrier regulation or practice affecting a charge contravenes the policy in RSA 376:1 or gives an unreasonable advantage to any carrier in competition with another carrier, the department may, after giving consideration to the cost of the carrier's service and the public interest, order:
(I) A new charge; or
(II) A new rule or practice.

Source. 1941, 224:19. RL 304:19. RSA 376:19. 1981, 435:34. 1985, 402:6, I(e)(7).

Section 376:20

    376:20 Accounts, Records and Reports. –
I. The department may require:
(a) Annual reports from all carriers by motor vehicle. The department may require that the reports be made under oath;
(b) Specific answers to any questions deemed necessary by the department; and
(c) Copies of any agreements between a carrier by motor vehicle and any other person if the agreement affects the carrier's business as regulated by RSA 376.
II. The commissioner may adopt rules, pursuant to RSA 541-A, relative to:
(a) The form of annual reports;
(b) The form of accounts and all other records to be kept by motor carriers; and
(c) The length of time a motor carrier shall keep accounts and records.
III. The department or its representative shall have access, at reasonable times, to all accounts, records and other documents of a motor carrier which relate to RSA 376.
IV. RSA 376:20 shall apply to receivers of carriers and operating trustees. RSA 376:20 shall apply, as deemed necessary by the department, to persons with direct or indirect control over a motor carrier.

Source. 1941, 224:20. RL 304:20. RSA 376:20. 1981, 435:35. 1985, 402:6, I(e)(7).

Section 376:21

    376:21 General Duties and Powers of the Commissioner; Rulemaking. –
I. The commissioner shall regulate common and contract carriers by motor vehicle.
II. The commissioner shall administer and enforce RSA 376 and shall adopt rules, pursuant to RSA 541-A, relative to the administration of RSA 376.
III. The commissioner may adopt rules, pursuant to RSA 541-A, relative to:
(a) Levels of service;
(b) Transportation of baggage and express;
(c) Account and record systems;
(d) Preservation of records and accounts; and
(e) Safety of operation and equipment.

Source. 1941, 224:21. RL 304:21. RSA 376:21. 1981, 435:36. 1985, 402:6, I(e)(7). 1993, 338:3. 2007, 263:169, eff. July 1, 2007.

Section 376:22

    376:22 Investigations and Orders. – Upon complaint in writing by any person, organization, or body politic, or upon its own initiative, the department may investigate whether any motor carrier has failed to comply with any provision of this chapter, or with any requirement established pursuant thereto. If the department, after notice and hearing, finds upon any such investigation that the motor carrier has failed to comply with any such provision or requirement, the department may issue an appropriate order to compel the carrier to comply therewith. Whenever the department is of the opinion that any complaint does not state reasonable grounds for investigation and action on its part, it may dismiss such complaint.

Source. 1941, 224:22. RL 304:22. RSA 376:22. 1985, 402:6, I(e)(7).

Section 376:23

    376:23 Examination of Vehicles; Inspectors; Penalty. –
I. Any person who operates a motor vehicle for a motor carrier shall, when requested, stop his motor vehicle and permit any authorized inspector of the department to examine the vehicle. The inspector may examine the vehicle as necessary to determine its compliance with the provisions of this chapter and with rules adopted under this chapter.
II. Inspectors authorized by the department shall have authority as peace officers as provided by RSA 594 relating to enforcement of this chapter and rules adopted by the commissioner relating to this chapter. An inspector shall display the proper insignia of his office when stopping and examining a motor vehicle.
III. Any person who violates RSA 376:23 shall be guilty of a violation.

Source. 1941, 224:23. RL 304:23. RSA 376:23. 1973, 531:115. 1981, 435:37. 1985, 402:6, I(e)(7). 1989, 325:17, eff. July 1, 1989.

Section 376:24

    376:24 Vehicles to be Registered. – Each motor carrier holding a certificate or a permit under the provisions of this chapter shall annually apply to the department of safety, division of motor vehicles, on blanks to be furnished by it, for the registration of each vehicle, operated under the provisions of such certificate or permit and pay to said department fees as provided for in RSA 376:25. Upon receipt of such application and fee, a distinguishing number plate or plates and registration certificate shall be furnished by the division for each vehicle applied for and said plates shall be prominently displayed on the vehicle in such manner as the director of the division shall prescribe. No such plates shall be transferred from one vehicle to another, except upon authority and with the consent of the department of safety, and the payment of the fees prescribed in RSA 376:25. Registration certificates and number plates issued under the provisions of this section shall be used coincidental with, and shall expire with, the corresponding registration certificate and number plates issued by the division of motor vehicles, department of safety, of this state under the provisions of RSA title XXI; provided, however, that if the vehicle so registered as a motor carrier is not registered with the division of motor vehicles, department of safety of this state under title XXI, said carrier registration certificate and number plates shall expire on March 31 next following the date of issue.

Source. 1941, 224:24. RL 304:24. RSA 376:24. 1961, 166:16. 1985, 402:6, I(e)(7). 1988, 288:25, eff. Jan. 1, 1989.

Section 376:25

    376:25 Fees. –
There shall be paid to the division of motor vehicles, the following fees:
I. [Repealed.]
II. For each application for common or contract carriers of passengers for which a certificate or permit is issued pursuant to RSA 376:5 or 8, $50;
III. For the annual registration of each vehicle used in the common or contract transportation of passengers, $10;
IV, V. [Repealed.]
VI. For each transfer of a motor vehicle registration certificate of a common or contract carrier of passengers, $1.

Source. 1941, 224:25. RL 304:25. RSA 376:25. 1977, 563:50. 1989, 325:18, 20, I, II, III, eff. July 1, 1989.

Section 376:26

    376:26 Temporary Certificates and Permits. –
I. When there is an immediate and urgent need for service in an area and no carrier service is able to meet the need, the department may, without hearing, grant temporary authority for the needed service to a common carrier or contract carrier by motor vehicle.
II. Temporary authority is valid for the length of time specified by the department in the certificate or permit, but may not exceed an aggregate of 60 days. A grant of temporary authority may be suspended or revoked for good cause. A grant of temporary authority creates no presumption that comparable permanent authority will later be granted.
III. Until the department approves under RSA 376:12 the transfer of any rights under a certificate or permit, the department may grant, without hearing, temporary approval of a motor carrier certificate or permit. Temporary approval shall not exceed 60 days. The department may grant temporary approval when a lack of service would result in undue interference with adequate and continuous service to the public.
IV. Temporary certificates and permits are subject to RSA 376 and to rules adopted by the commissioner relative to RSA 376.

Source. 1941, 224:26. RL 304:26. RSA 376:26. 1981, 435:38. 1985, 402:6, I(e)(7).

Section 376:27

    376:27 Penalty. –
I. Except as provided in paragraph II, any person violating any provision of this chapter, or any rule or order adopted or issued under this chapter, or any term or condition of any certificate, permit or license shall:
(a) For a first offense, be guilty of a violation and shall be fined not less than $100.
(b) For a second offense, within a 12-month period preceding the date of the second offense, be guilty of a violation and shall be fined not less than $250.
II. Any person found guilty of operating after suspension or revocation of rights, for a first offense, shall be guilty of a violation and shall be fined not less than $250. For a second such offense, within a 12-month period, such person shall be guilty of a violation and shall be fined not less than $500.
III. Any person found guilty of a third and subsequent offense as described under paragraph I, paragraph II, or paragraph I and II combined, in a 12-month period preceding a third or subsequent offense, shall be guilty of a misdemeanor and shall be not less than $500.

Source. 1941, 224:27. RL 304:27. RSA 376:27. 1973, 530:63. 1981, 435:39. 1985, 402:6, I(e)(7). 1989, 325:29, eff. July 1, 1989.

Section 376:28

    376:28 Disposition of Revenues. – All fees and fines collected pursuant to the provisions of this chapter shall be made available to the department of safety, except that the cost of issuance of registration plates shall be paid to the division of motor vehicles.

Source. 1941, 224:28. RL 304:28. 1951, 203:63. RSA 376:28. 1961, 166:10. 1985, 402:6, I(e)(7). 1988, 288:26, eff. Jan. 1, 1989. 2013, 100:10, eff. Aug. 23, 2013.

Section 376:29

    376:29 Repealed by 1993, 338:6, V, eff. Sept. 30, 1993. –

Section 376:30

    376:30 Repealed by 1993, 338:6, VI, eff. Sept. 30, 1993. –