Saf-C 4000 mot car prop

CHAPTER Saf-C 4000 MOTOR CARRIERS TRANSPORTING PROPERTY FOR HIRE

Statutory Authority: RSA 375-B:17, II

PART Saf-C 4001 DEFINITIONS

Saf-C 4001.01 "Bureau" means the New Hampshire department of safety, bureau of common carrier.

Source. #5560, eff 1-21-93; ss by #6918, eff 12-23-98

Saf-C 4001.02 "Certificate" means "certificate" as defined in RSA 375-B:2, IX.

Source. #5560, eff 1-21-93; ss by #6918, eff 12-23-98

Saf-C 4001.03 "Common carrier" means "common carrier" as defined in RSA 375-B:2, IV.

Source. #5560, eff 1-21-93; ss by #6918, eff 12-23-98

Saf-C 4001.04 "Compensation" as used pursuant to RSA 375-B means a return in money, property or anything of value for services rendered in transporting property by motor vehicles over public highways, whether paid, received or realized directly or indirectly, and specifically includes any profit in money, goods or things realized on the delivered price of goods, merchandise, cargo or property.

Source. #5560, eff 1-21-93; ss by #6918, eff 12-23-98

Saf-C 4001.05 "Contract carrier" means "contract carrier" as defined in RSA 375-B:2, VII.

Source. #5560, eff 1-21-93; ss by #6918, eff 12-23-98

Saf-C 4001.06 "ICC" means the Interstate Commerce Commission.

Source. #5560, eff 1-21-93; ss by #6918, eff 12-23-98

Saf-C 4001.07 "Interstate certificate" means "interstate certificate" as defined in RSA 375-B:2, X.

Source. #5560, eff 1-21-93; ss by #6918, eff 12-23-98

Saf-C 4001.08 "Permit" means "permit" as defined in RSA 375-B:2, XI.

Source. #5560, eff 1-21-93; ss by #6918, eff 12-23-98

Saf-C 4001.09 "Tariff" means a schedule of rates and charges for transportation as defined in RSA 375-B:13 and 375-B:16.

Source. #5560, eff 1-21-93; ss by #6918, eff 12-23-98

PART Saf-C 4002 REQUIREMENTS FOR CERTIFICATE OR PERMIT HOLDERS

Saf-C 4002.01 Certificate of Insurance.

(a) Pursuant to RSA 375-B:12, a prerequisite to operation by common or contract carriers shall be the filing of a certificate of insurance issued by an insurance company licensed to do business in New Hampshire, indicating a cargo insurance policy or indemnity bond is in force.

(b) Notwithstanding (a) above, a certificate reflecting coverage under a garagemen's liability policy may be used for holders of certificates or permits authorizing towing or wrecker service provided it indicates coverage extends to vehicles while in tow on the public highways of this state.

Source. #5560, eff 1-21-93; ss by #6918, eff 12-23-98

Saf-C 4002.02 Change of Address. Motor carriers governed by these rules shall notify the bureau in writing of any change of address within 10 days of such change.

Source. #5560, eff 1-21-93; ss by #6918, eff 12-23-98

Saf-C 4002.03 Leasing Equipment.

(a) Any carrier who holds a certificate or permit issued by the bureau may lease equipment from another carrier by executing a written lease agreement signed by the parties involved.

(b) Each lease described in (a) above shall:

(1) Describe the type of vehicle, its registration number and the company vehicle number assigned;

(2) Provide for the exclusive possession, control and use of the equipment and provide for the complete assumption of responsibility by the lessee for the duration of the lease;

(3) Provide that the drivers of leased equipment shall not be employees under the control of the lessor, except to the extent necessary to deliver or obtain a leased vehicle;

(4) Specify the date the lease begins and the extent of its duration;

(5) Not permit a lessee to operate under the lessor's certificate(s) or permit(s);

(6) Be carried in the vehicle at all times and shall be produced on demand for inspection by an authorized representative of the bureau; and

(7) Provide that leased equipment shall have placards with the name of the lessee as specified under the name of owner requirement.

Source. #5560, eff 1-21-93; rpld by #5783, eff 12-30-93, EXEMPT (See Single State Registration System)

New. #6918, eff 12-23-98 (formerly Saf-C 4002.04)

Saf-C 4002.04 Name of Carrier.

(a) Motor carriers governed by these rules shall display in a conspicuous place on both sides of each property carrying vehicle the name of the carrier which appears on the certificate or permit.

(b) The identifying lettering on the vehicle shall be large enough to be legible at a distance of 50 feet.

Source. #5560, eff 1-21-93; ss and moved by #6918, eff
12-23-98 (formerly Saf-C 4002.05)

PART Saf-C 4003 TARIFFS

Saf-C 4003.01 Filing and Form.

(a) All carriers seeking common or contract authority from the bureau shall file with their application an original and one copy of a tariff as described in RSA 375-B:13 and RSA 375-B:16.

(b) All carriers filing tariffs or supplements shall file an original and one copy. Tariff filings which conform to requirements of the ICC shall be accepted by the bureau.

(1) The name of the company, firm, partnership, corporation;

(2) The name of the individual or agency responsible; and

(3) The address of the carrier.

(d) Each tariff page or supplement page shall be designated by an individual number located in the upper right corner of the page preceded by the abbreviation NHDOS-CC progressing from the last filed number by the same party or, in the case of a new series, from number 1. Each revised page shall show the issue date and the effective date.

(e) When a new tariff is issued canceling a previous tariff in proper numerical sequence, it shall be identified first, followed by the word "cancels" and then followed by the previous tariff numbering, as follows:

"NHDOS-CC No. cancels NHDOS-CC No. ."

(f) When a supplement is issued to a tariff it shall identify the proper numerical sequence by stating the supplement number followed by the tariff number, as follows:

"Supplement No. To NHDOS-CC No. ."

(g) No tariff shall be continued in effect for more than 50 supplements. Each supplement shall indicate which previously issued supplements remain in effect.

(h) Each tariff shall specify the basis of all charges to be made and all applicable rules and other details necessary for a complete description of the charges stated.

Source. #5560, eff 1-21-93; ss by #6918, eff 12-23-98

Saf-C 4003.02 Rates.

(a) Rates shall be stated in dollars and cents, per pound, mileage, package or per hour.

(b) Rates and commodity descriptions shall be clear so the applicable rate is easily determined.

(c) Whenever conflicting provisions exist relative to the application of rates, the provision or rate which results in a lower total charge shall be assessed.

Source. #5560, eff 1-21-93; ss by #6918, eff 12-23-98

Saf-C 4003.03 Rates Based on Mileage or Point to Point Basis.

(a) Rates shall be on a mileage basis or on a point to point basis. If on a mileage basis, rates shall be stated as a rate per mile or shall be stated for varying blocks of mileage.

(b) Carriers publishing mileage rates shall indicate in the tariff the mileage governing the rates based on the mileage over the carrier's published route or shall refer to a governing mileage table.

(d) When the intention is to limit the application of rates to less than the city or town limits, the limits shall be described in the tariff covering application of rates.

Source. #5560, eff 1-21-93; ss by #6918, eff 12-23-98

PART Saf-C 4004 OTHER PROVISIONS

Saf-C 4004.01 Public Convenience and Necessity. In determining public convenience as required by RSA 375-B:5, the bureau shall consider the following:

(a) Whether there is a real or actual public need for the service;

(b) Whether the new operation shall serve a useful purpose responsive to public demand or need;

(d) Whether the existing carriers have had an opportunity to transport property economically and efficiently;

(e) Whether the entry of the proposed service shall endanger or impair the operations of existing carriers contrary to the public convenience;

(f) Whether the entry of the proposed service shall lead to a wasteful duplication of service;

(g) Whether the entry of a new service shall endanger or impair the investment of the existing carriers in their facilities to the detriment of the public;

(h) Whether the entry of a new competitive service shall be in the public convenience by securing the benefits of improved service through competition without being unduly injurious or detrimental to existing service by existing carriers; and

(i) Whether the entry of the proposed service shall lead to unnecessary competition.

Source. #5560, eff 1-21-93; ss by #6918, eff 12-23-98

Saf-C 4004.02 Public Interest. In determining public interest as required by RSA 375-B:7, the bureau shall review the following:

(a) The number of shippers to be served by the applicant;

(b) The nature of the service proposed including:

(1) The transportation service sought to be authorized;

(2) The identity of the commodities that shall be shipped and received;

(3) The points from and to which the property shall be transported; and

(4) The proposed frequency of the use of the service;

(d) The effect of a denial on the applicant and the supporting shippers; and

(e) The changing character of the shippers' requirements including:

(1) Recognition of technological improvements;

(2) Changing commercial conditions;

(3) The quality of the human environment;

(4) Public health, safety and general welfare of the community; and

(5) Other trends bearing on the proposed service.

Source. #5560, eff 1-21-93; ss by #6918, eff 12-23-98

Saf-C 4004.03 Use of Trade Names. Motor carriers governed by these rules shall not conduct business under any trade name until there has been filed with the bureau a copy of the certificate of registration by the secretary of state pursuant to the provisions of RSA 349.

Source. #5560, eff 1-21-93; ss by #6918, eff 12-23-98

PART Saf-C 4005 FORMS TO BE FILED BY PROPERTY CARRIERS INTRASTATE AND INTERSTATE

Saf-C 4005.01 Application for Permit or Certificate.

(a) Each applicant for a permit or certificate under RSA 375-B shall make application on Form DSAD 5 by supplying the following:

(1) Name, address and telephone number of the applicant;

(2) Whether a person, partnership, corporation;

(3) If a partnership, the name of all partners;

(4) If owned in part or controlled by out-of-state interests, the names, addresses, and type of business of each co-owner;

(5) If a corporation, the date and state in which incorporated;

(6) A copy of certificate of registration filed with the secretary of state pursuant to RSA 349:1;

(7) Whether the applicant is seeking authority as a common or contract carrier;

(8) Whether the applicant is seeking authority to transport passengers, household goods or property;

(9) If seeking regular route common carrier authority, a description of the routes to be served, listing the terminal and the intermediate points to be served, including highway route numbers and street names;

(10) If seeking irregular route common carrier or contract carrier authority, a description of the territory proposed to be served and the exact nature of the operation;

(11) A full description of any commodities to be handled;

(12) A schedule of proposed fares and charges;

(13) A statement of assets and liabilities as of the date of application, but the statement shall not be required if the applicant holds a certificate or permit;

(14) A statement why the service covered by the application shall be required by the present or future public convenience and necessity or the public interest;

(15) A list of the names of all motor carriers and carriers by rail or water, known to the applicant, whose services the operations described in the application are or shall be directly competitive;

(16) A statement of the experience of the applicant or officers of the applicant company, and any other facts relevant to the ability of the applicant to perform the service covered by the application, including special equipment to be employed;

(17) A certificate of insurance; and

(18) Signature of applicant subscribed and sworn to before a Justice of the Peace or Notary Public under the penalty of perjury as to the veracity of all information and the applicant's familiarity with applicable department rules and federal motor vehicle safety standards.

Source. #5560, eff 1-21-93; ss by #6918, eff 12-23-98