Printable Format66-1,114. Public motor carriers; certificates of convenience and necessity to transport household goods or passengers; procedure to obtain; basis for issuance. (a) Except as hereinafter provided, it shall be unlawful for any public motor carrier to operate as a carrier of household goods or passengers in intrastate commerce within this state without first having obtained from the commission a certificate of convenience and necessity to transport household goods or passengers. A motor carrier denied a certificate shall be afforded the opportunity of a hearing on the matter in accordance with the provisions of the Kansas administrative procedure act. If such hearing is requested, the hearing shall be held within 10 business days of the request.
(b) If the commission finds that the proposed service or any part thereof is proposed to be performed by the applicant, that the applicant is fit, willing and able to perform such service and that the applicant is in compliance with the commission's safety rules and regulations, liability and cargo insurance requirements and other applicable state laws, the commission shall issue the certificate of convenience and necessity to transport household goods and passengers, except that if the commission finds that the proposed service is inconsistent with the public convenience and necessity, the commission shall not issue the certificate.
(c) Within 18 months of the issuance to a public motor carrier of a certificate of convenience and necessity to transport household goods or passengers, the commission shall verify that such public motor carrier continues to be fit, knowledgeable and in compliance with the commission's safety rules and regulations, liability insurance requirements and other applicable state laws.
History: L. 1931, ch. 236, § 7; L. 1970, ch. 269, § 1; L. 1973, ch. 260, § 1; L. 1974, ch. 264, § 1; L. 1981, ch. 259, § 1; L. 1982, ch. 275, § 3; L. 1983, ch. 223, § 2; L. 1988, ch. 356, § 236; L. 1995, ch. 98, § 7; L. 2000, ch. 78, § 6; L. 2003, ch. 124, § 19; L. 2010, ch. 39, § 1; L. 2021, ch. 77, § 8; July 1.
Source or Prior Law:
66-199.
Law Review and Bar Journal References:
"Practice and Procedure Before the State Corporation Commission," Fred B. Adam, 41 J.B.A.K. 199, 201, 202 (1972).
"Motor Carrier Cases Before the State Corporation Commission," Larry E. Gregg, 48 J.B.A.K. 107 (1979).
"Criminal Law-Random Spot Check for Driver's License and Motor Vehicle Registration Held Unconstitutional—Delaware v. Prouse," Thomas L. Griswold, 28 K.L.R. 345, 354 (1980).
"Transportation in Transition: KCC Regulation of Motor Carriers into the 1980's," Mary Piper Wettig, 57, No. 5, J.K.B.A. 19, 20, 22 (1988).
CASE ANNOTATIONS
1. Railroad desiring to transact common motor carrier business must obtain certificate of necessity and convenience. Baldwin v. State Corporation Comm., 143 K. 580, 584, 587, 56 P.2d 453.
2. Discussed; commission's order granting common carrier certificate held invalid. Rock Island Motor Transit Co. v. State Corporation Comm., 169 K. 487, 492, 497, 219 P.2d 405.
3. Construed with 66-1,129; neither controls other. Eurton v. State Corporation Commission, 182 K. 116, 122, 124, 125, 127, 319 P.2d 174.
4. Tort action under 66-1,128; exemption under 66-1,109 matter of defense. Sterling v. Hartenstein, 185 K. 50, 54, 55, 342 P.2d 90.
5. Mentioned; orders of administrative agencies to be reasonable must be supported by substantial evidence. Darnell Truck Service v. State Corporation Commission, 194 K. 96, 97, 397 P.2d 385.
6. Mentioned; summary judgment not available to interpret certificate of convenience and necessity. Pelican Transfer & Storage v. State Corporation Commission, 195 K. 76, 79, 402 P.2d 762.
7. Failure to make finding of public convenience and necessity may be cured in ruling on application for rehearing. Graves Truck Line v. State Corporation Commission, 195 K. 82, 84, 402 P.2d 757.
8. Allegations that statutes could not be applied to plaintiffs' business did not justify convening three-judge court; question of fact. Bartlett & Co., Grain v. State Corp. Com'n of Kansas, 223 F.Supp. 975, 977, 978, 981.
9. Order extending carrier certificate; findings sufficient to support order. Kansas Transport Co., Inc. v. State Corporation Commission, 202 K. 103, 104, 446 P.2d 766.
10. Authority to grant certificate restricted; judicial review limited to lawfulness and reasonableness. Graves Truck Line, Inc. v. State Corporation Commission, 215 K. 565, 568, 527 P.2d 1065.
11. Commission required to issue certificate if applicant fit, willing and able to perform service, unless protestants show inconsistency with public convenience and necessity. Chris Hunt Water Hauling Contractor, Inc. v. Kansas Corporation Comm'n, 10 K.A.2d 612, 706 P.2d 825 (1985).