CHAPTER Saf-C
4500 MOTOR
CARRIERS OF PASSENGERS
Statutory Authority:
RSA 21-P:14, II(y); 376:9, IV and V; 376:14; II; RSA 376:18, II; RSA 376:20,
II and RSA 376:21
PART Saf-C 4501 DEFINITIONS
Saf-C 4501.01 "Able" in the context of
"fit, willing and able" means the applicant possesses financial
resources, equipment whether leased or owned, personnel, and a lawful place of
business, that support the authority for which application is made.
Source. #5853, eff 6-23-94; ss
by #7239, eff 6-23-00, EXPIRED: 6-23-08
New. #9378, eff 1-30-09; ss
by #12357, eff 8-2-17
Saf-C 4501.02 "Bureau" means the New
Hampshire department of safety, bureau of road toll.
Source. #5853, eff 6-23-94; ss
by #7239, eff 6-23-00, EXPIRED: 6-23-08
New. #9378, eff 1-30-09; ss
by #12357, eff 8-2-17
Saf-C 4501.03 "Certificate" means
"certificate" as defined in RSA 376:2, VIII.
Source. #5853, eff 6-23-94; ss
by #7239, eff 6-23-00, EXPIRED: 6-23-08
New. #9378, eff 1-30-09; ss
by #12357, eff 8-2-17
Saf-C 4501.04 "Charter service" means an
exclusive use of a vehicle engaged on behalf of an individual or group for
transportation between points in this state, either for one way or round trip
service.
Source. #5853, eff 6-23-94; ss
by #7239, eff 6-23-00, EXPIRED: 6-23-08
New. #9378, eff 1-30-09; ss
by #12357, eff 8-2-17
Saf-C 4501.05
"Compensation" means a return in money, property, or anything
of value for services rendered in transporting persons or property by motor
vehicle over public highways, whether paid, received, or realized directly or
indirectly, and specifically includes any profit for money, goods, or things
realized on the transportation of passengers.
Source. #5853, eff 6-23-94; ss
by #7239, eff 6-23-00, EXPIRED: 6-23-08
New. #9378, eff 1-30-09; ss
by #12357, eff 8-2-17
Saf-C 4501.06 "Excursion service" means a
trip sponsored by a carrier for transportation as a common carrier between
points and places in this state, either for one way or round trip service.
Source. #5853, eff 6-23-94; ss
by #7239, eff 6-23-00, EXPIRED: 6-23-08
New. #9378, eff 1-30-09; ss
by #12357, eff 8-2-17
Saf-C 4501.07
"Fit" in the context of "fit, willing and able"
means of sufficient education, knowledge, experience or other special
qualifications, as necessary, to enable the operations manager of the applicant
to recognize the type of handling or services needed by its customers at any
given time and to know whether the applicant can legally provide them.
Source. #5853, eff 6-23-94; ss
by #7239, eff 6-23-00, EXPIRED: 6-23-08
New. #9378, eff 1-30-09; ss
by #12357, eff 8-2-17
Saf-C 4501.08 "Inspectable
bus" means any vehicle employed in the transportation of passengers
pursuant to the grant of authority contained in a certificate of public
convenience and necessity or public interest permit issued by the bureau.
Source. #5853, eff 6-23-94; ss
by #7239, eff 6-23-00, EXPIRED: 6-23-08
New. #9378, eff 1-30-09; ss
by #12357, eff 8-2-17
Saf-C 4501.09 "Permit" means
"permit" as defined in RSA 376:2, IX.
Source. #5853, eff 6-23-94; ss
by #7239, eff 6-23-00, EXPIRED: 6-23-08
New. #9378, eff 1-30-09; ss
by #12357, eff 8-2-17
Saf-C 4501.10 "Regular route common
carrier" means "regular route common carrier" as defined in RSA
376:2, V.
Source. #5853, eff 6-23-94; ss
by #7239, eff 6-23-00, EXPIRED: 6-23-08
New. #9378, eff 1-30-09; ss
by #12357, eff 8-2-17
Saf-C 4501.11 "Tariff" means a schedule of
rates and charges for transportation.
Source. #5853, eff 6-23-94; ss
by #7239, eff 6-23-00, EXPIRED: 6-23-08
New. #9378, eff 1-30-09; ss
by #12357, eff 8-2-17
Saf-C 4501.12 "Willing" in the context of
"fit, willing and able" means an applicant intends to comply with the
applicable statutes, rules, and federal regulations, for the duration of the
permit or certificate.
Source. #5853, eff 6-23-94; ss
by #7239, eff 6-23-00, EXPIRED: 6-23-08
New. #9378, eff 1-30-09; ss
by #12357, eff 8-2-17
PART Saf-C 4502 REQUIREMENTS FOR
CERTIFICATE OR PERMIT HOLDERS
Saf-C 4502.01 Use of Trade Names. Carriers governed by these rules shall not
conduct business under any trade name until a copy of the certificate of
registration issued by the secretary of state pursuant to the provisions of RSA
349 has been filed with the bureau.
Source. #5853, eff 6-23-94; ss
by #7239, eff 6-23-00, EXPIRED: 6-23-08
New. #9378, eff 1-30-09; ss
by #12357, eff 8-2-17
Saf-C 4502.02 Schedules. Before engaging in business, all common
carriers of passengers shall print and file with the bureau and keep open to
public inspection in each of its depots and customer service locations, tariffs
between points on its routes, and when joint rates have been established,
tariffs between points on its routes and on the routes of any other common
carrier of passengers.
Source. #5853, eff 6-23-94; ss
by #7239, eff 6-23-00, EXPIRED: 6-23-08
New. #9378, eff 1-30-09; ss
by #12357, eff 8-2-17
Saf-C 4502.03 Change of Address. Carriers governed by these rules shall notify
the bureau in writing of any change of address within 10 days of such change.
Source. #5853, eff 6-23-94; ss
by #7239, eff 6-23-00, EXPIRED: 6-23-08
New. #9378, eff 1-30-09; ss
by #12357, eff 8-2-17
Saf-C 4502.04 Interruption of Service. Regular route common carriers shall maintain
service over the authorized routes on such time-table schedules as are filed
with the bureau, unless prevented by some unavoidable cause. In all cases of
interruption of service for 24 hours or more, written notice shall be filed
immediately with the bureau explaining in detail the cause of the interruption
and the expected duration thereof.
Source. #5853, eff 6-23-94; ss
by #7239, eff 6-23-00, EXPIRED: 6-23-08
New. #9378, eff 1-30-09; ss
by #12357, eff 8-2-17
Saf-C 4502.05 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 pick up a leased
vehicle;
(4) Specify the date the lease begins and ends;
(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
(7) Be produced
on demand for inspection by an authorized representative of the bureau.
Source. #5853, eff 6-23-94; ss
by #7239, eff 6-23-00, EXPIRED: 6-23-08
New. #9378, eff 1-30-09; ss
by #12357, eff 8-2-17
Saf-C 4502.06 Name of Carrier.
(a) Any vehicle registered with the bureau for
regular route common carrier service shall display in a conspicuous place on
both sides of each vehicle the name of the carrier that appears on the certificate
or permit.
(b) For purposes of (a) above, the identifying
lettering on the vehicle shall be large enough to be legible at a distance of
50 feet.
Source. #5853, eff 6-23-94; ss
by #7239, eff 6-23-00, EXPIRED: 6-23-08
New. #9378, eff 1-30-09; ss
by #12357, eff 8-2-17
Saf-C 4502.07 Destination Sign.
(a) Each regular route common carrier, operating
on a route designated in the carrier's certificate, shall prominently display a
destination sign on the vehicle showing the final destination terminal of the
route being followed.
(b) Paragraph (a) above shall not apply to
vehicles being used for special or charter trip service.
Source. #5853, eff 6-23-94; ss
by #7239, eff 6-23-00, EXPIRED: 6-23-08
New. #9378, eff 1-30-09; ss
by #12357, eff 8-2-17
Saf-C 4502.08 Limitations on Operations.
(a) Failure to provide service consistent with
the authority granted in the carrier's certificate or permit, for a period in
excess of 6 months shall, after a hearing, constitute grounds for revocation of
the certificate or permit.
(b) No carrier shall voluntarily discontinue a
regular route operation without first:
(1) Notifying
the bureau, in writing, of its proposal and the reasons for discontinuing the
route; and
(2) Providing a
minimum of 60 days public notice of its proposal.
(c) If a regular route common carrier has to
operate over highways not authorized in its certificate for a period of more
than 3 consecutive days, due to local traffic conditions, the carrier shall
notify the bureau, in writing, and state the following:
(1) The reason
for such change;
(2) The route
or routes over which operations shall be conducted on a temporary basis; and
(3) The
probable duration of the temporary route or routes stated in subparagraph (2).
Source. #5853, eff 6-23-94; ss
by #7239, eff 6-23-00, EXPIRED: 6-23-08
New. #9378, eff 1-30-09; ss
by #12357, eff 8-2-17
Saf-C 4502.09 Transfer or Assignment of
Certificates or Permits.
(a) Pursuant to RSA 376:12, no certificate or
permit shall be sold, assigned or transferred, without the approval of the
bureau.
(b) A carrier wishing to sell, assign,
or transfer its certificate or permit shall notify the bureau in writing of the
proposed transaction and the name of the prospective transferee.
(c) Within 30 days of receipt of the written
notice, as specified in (a) above, the bureau shall schedule a hearing to
consider the proposed transfer.
(d) The scope of the hearing shall be limited to
the following issues:
(1) Whether the
transferee is fit, willing, and able; and
(2) Whether the
transferee has complied with relevant statutes and these rules.
Source. #5853, eff 6-23-94; ss
by #7239, eff 6-23-00, EXPIRED: 6-23-08
New. #9378, eff 1-30-09; ss
by #12357, eff 8-2-17
PART Saf-C 4503 TARIFFS
Saf-C 4503.01 Filing and Form.
(a) Each carrier seeking authority to be a motor
carrier of passengers shall file its proposed schedules and tariffs pursuant to
RSA 376:14 and RSA 376:18, along with the application form required in Saf-C 4506.01.
(b) Tariff filings that conform to requirements
of the United States Department of Transportation, federal motor carrier safety
administration shall be accepted by the bureau.
(c) Each tariff shall have a title page that
includes:
(1) The name of
the company, firm, partnership, or corporation;
(2) The name of
the individual or agency responsible for the tariff; 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 the 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. #5853, eff 6-23-94; ss
by #7239, eff 6-23-00, EXPIRED: 6-23-08
New. #9378, eff 1-30-09; ss
by #12357, eff 8-2-17
Saf-C 4503.02 Rates.
(a) Rates shall be stated in dollars and cents,
whether calculated per mileage, per hour, or on a point to point basis.
(b) Rate 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 that results in a
lower total charge shall be assessed.
Source. #5853, eff 6-23-94; ss
by #7239, eff 6-23-00, EXPIRED: 6-23-08
New. #9378, eff 1-30-09; ss
by #12357, eff 8-2-17
Saf-C 4503.03 Rates Based on Mileage or
Point to Point Basis.
(a) Rates on a mileage basis shall be stated as a
rate per mile or 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.
(c) Point to point rates shall be stated as
applying from or to a destination, in which case rates shall apply only in one
direction.
(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. #5853, eff 6-23-94; ss
by #7239, eff 6-23-00, EXPIRED: 6-23-08
New. #9378, eff 1-30-09; ss
by #12357, eff 8-2-17
PART Saf-C 4504 INSURANCE
Saf-C 4504.01 Insurance Required.
(a) Pursuant to RSA 376:13, the filing of a
certificate of insurance or indemnity bond with the bureau shall be a
prerequisite to operation by common or contract carrier.
(b) The bureau shall only accept insurance
policies issued by insurance companies licensed with the New Hampshire
insurance department.
Source. #5853, eff 6-23-94; ss
by #7239, eff 6-23-00, EXPIRED: 6-23-08
New. #9378, eff 1-30-09; ss
by #12357, eff 8-2-17
Saf-C 4504.02 Indemnity Bond.
(a) The penal sum of any indemnity bond filed
with the bureau shall not be less than that required for insurance policies as
set forth below in Table 4500.1, Insurance Coverage:
Table 4500.1 Insurance Coverage
Passenger Vehicle Seating Capacity (Inclusive) |
For Bodily Injuries to or Death of One Person |
For Bodily Injuries to or Death in any one Accident |
Damage in Any One Accident to the Property of Others |
1-7 pass. |
$100,000 |
$700,000 |
$100,000 |
8-12 pass. |
$100,000 |
$1,500,000 |
$100,000 |
13-20 pass. |
$100,000 |
$5,000,000 |
$100,000 |
21-30 pass. |
$100,000 |
$5,000,000 |
$100,000 |
Over 30 pass. |
$100,000 |
$5,000,000 |
$100,000 |
(b) Each bond shall contain at least 2 sureties.
(c) The bureau shall only accept surety on the
bond from surety companies authorized to do business in this state.
Source. #5853, eff 6-23-94; ss
by #7239, eff 6-23-00, EXPIRED: 6-23-08
New. #9378, eff 1-30-09; ss
by #12357, eff 8-2-17
PART Saf-C 4505 HEARINGS
Saf-C 4505.01 Conduct of Hearings. All hearings shall be conducted pursuant to Saf-C 200.
Source. #5853, eff 6-23-94; ss
by #7239, eff 6-23-00, EXPIRED: 6-23-08
New. #9378, eff 1-30-09; ss
by #12357, eff 8-2-17
Saf-C 4505.02 Public Convenience and
Necessity.
(a) In determining public convenience and
necessity as required by RSA 376:5, the bureau shall consider equally the
following criteria:
(1) Whether
there is actual public need for the service;
(2) Whether the
new operation shall serve a useful purpose responsive to public demand or need;
(3) Whether the
existing carriers can adequately meet the need;
(4) Whether the
existing carriers have had an opportunity to transport all the traffic they can
handle adequately, economically, and efficiently; and
(5) Whether the
entry of the proposed service shall endanger or impair the operations of existing
carriers contrary to the public convenience.
(b) The applicant shall present evidence of (a)(1) through (5) above, at the hearing.
(c) In determining public interest as required by
RSA 376:8, the bureau shall consider equally the following criteria:
(1) The number
of shippers to be served by the applicant;
(2) The
specific nature of the service proposed, including the:
a.
Transportation service
sought to be authorized;
b.
Points from which and to
which the passengers shall be transported; and
c.
Proposed frequency of the
use of the service;
(3) The effect
the granting of the permit would have upon the services of the protesting
carriers, if any;
(4) The effect
of the denial on the applicant and the supporting shippers; and
(5) The
changing character of the shippers' requirements including, but not limited to:
a.
Recognition of
technological improvements;
b.
Changing commercial
conditions;
c.
The quality of the human
environment;
d.
Public health, safety, and
general welfare of the community; and
e.
Any other significant trend
bearing on the proposed service.
(d) The applicant shall present evidence of (a)(1) through (5) above, at the hearing.
Source. #5853, eff 6-23-94; ss
by #7239, eff 6-23-00, EXPIRED: 6-23-08
New. #9378, eff 1-30-09; ss
by #12357, eff 8-2-17
Saf-C 4505.03 Suspension.
(a) When a certificate or permit has been
suspended for failure to comply with RSA 376 or these rules, the suspension
shall remain in effect for a maximum of one year. Following the suspension
period, the authority shall be revoked if compliance has not been demonstrated.
(b) The length of the suspension shall be
determined by considering the following:
(1) Whether it
is a repeat offense;
(2) The
severity of the offense; and
(3) The
carrier’s ability to come into compliance with RSA 376 or these rules.
(c) All voluntary suspensions shall remain in
effect for a maximum of one year, at which time the carrier shall request the
bureau to either reinstate or revoke the authority.
Source. #5853, eff 6-23-94; ss
by #7239, eff 6-23-00, EXPIRED: 6-23-08
New. #9378, eff 1-30-09; ss
by #12357, eff 8-2-17
PART Saf-C 4506 FORMS
Saf-C 4506.01 Application Form.
(a) Each applicant for a permit or certificate
pursuant to RSA 376 shall furnish the following on form DSAD 5:
(1) Name,
address, and telephone number;
(2) Whether the
applicant is a natural person, partnership or corporation;
(3) If a
partnership, the names of all partners;
(4) If owned in
part or controlled by out-of-state interests, the name, address, and type of
business of each;
(5) If a
corporation, the date and state of incorporation;
(6) A copy of
the certificate of registration issued by the secretary of state pursuant to
the provisions of RSA 349:1;
(7) Whether
authority is sought as a common or contract carrier;
(8) Whether
authority is sought 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, if possible;
(10) If seeking
irregular route common or contract carrier authority, a detailed 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, if applicable;
(12) A schedule
of all proposed fares and charges;
(13) A
statement of assets and liabilities as of the date of the application, unless
the applicant is a certificate or permit holder;
(14) A clear
and concise statement of why the service covered by the application is
currently or shall be required by the future public convenience and necessity
or the public interest;
(15) The names
of all motor carriers, known to the applicant, with whose service the
operations described are or will 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
properly perform the service covered by the application, including but not
limited to:
a.
Any special license held;
and
b.
Any special equipment to be
employed;
(17) Any other
facts relevant to the ability of the applicant to properly perform the service
covered by the application;
(18) A
certificate of insurance; and
(19) The
signature of the applicant under penalty of unsworn falsification pursuant to
RSA 641:3.
Source. #5853, eff 6-23-94; ss
by #7239, eff 6-23-00, EXPIRED: 6-23-08
New. #9378, eff 1-30-09; ss
by #12357, eff 8-2-17
APPENDIX
Rule |
Statute |
|
|
Saf-C 4501.01 |
RSA 376:5; RSA 376:8; RSA 541-A:7 |
Saf-C 4501.02 |
RSA 541-A:7 |
Saf-C 4501.03 |
RSA 376:2, VIII |
Saf-C 4501.04-4501.06 |
RSA 541-A:7 |
Saf-C 4501.07 |
RSA 376:5; RSA 376:8; RSA 541-A:7 |
Saf-C 4501.08 |
RSA 541-A:7 |
Saf-C 4501.09 |
RSA 376:2, IX |
Saf-C 4501.10 |
RSA 376:2, V |
Saf-C 4501.11 |
RSA 541-A:7 |
Saf-C 4501.12 |
RSA 376:5; RSA 376:8; RSA 541-A:7 |
Saf-C 4502.01-4502.07 |
RSA 376:4 through 8 |
Saf-C 4502.08 |
RSA 376:10 |
Saf-C 4502.09 |
RSA 376:12 |
Saf-C 4503.01-4503.03 |
RSA 376:14; RSA 376:18 |
Saf-C 4504.01-4504.02 |
RSA 376:13 |
Saf-C 4505.01-4505.03 |
RSA 376:10; RSA 376:16 |
Saf-C 4506.01 |
RSA 376:5 through 9; RSA
541-A:19-b |