Saf-C 4500

CHAPTER Saf-C 4500 MOTOR CARRIERS OF PASSENGERS

Statutory Authority: RSA 21-P:14, II(y); 376:9, IV and V; 376:18, II and 376:21

PART Saf-C 4501 DEFINITIONS

Saf-C 4501.01 "Able" in the context of "fit, willing and able" means an applicant's 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

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

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

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

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

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

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, that enables 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

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

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

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

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

Saf-C 4501.12 "Willing" in the context of "fit, willing and able" means an applicant is able 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

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

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

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

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

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); [and]

(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

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

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

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) Any carrier wishing to discontinue a regular route operation shall:

(1) Notify the bureau, in writing, of its proposal and the reasons for discontinuing the route; and

(2) Provide 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

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

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.

(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.

(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

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

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

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

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.

Source. #5853, eff 6-23-94; ss by #7239, eff 6-23-00, EXPIRED: 6-23-08

New. #9378, eff 1-30-09

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

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.

(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

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

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

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 4503.01-4503.03	RSA 376:14; RSA 376:18
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:16