RULE 001.01.92-004 - Applications and Procedures for Intrastate Authority

RULE 001.01.92-004. Applications and Procedures for Intrastate Authority

EXHIBIT A

RULE 1.12 - Dismissal of Appeal, Notice to Commission.

Any party appealing an order of the Commission who shall subsequently dismiss such appeal shall promptly notify the Commission in writing of the dismissal of such appeal.

Any party appealing on order of the Commission from a circuit court decision to an appellate court of the state of Arkansas shall promptly notify the Commission in writing of such appeal being taken. Any party that has appealed an order of the Commission to the circuit court or to an appellate court shall notify this Commission within a reasonable time, not to exceed ten days, of the decision entered by the circuit or appellate court.

RULE 2.9 - Service; Pleadings and Papers to Show.

Every pleading, protest, intervention, or verified statement filed by any party and tendered to the Commission for filing shall include a certificate of the party or his attorney showing simultaneous service thereof upon all parties to the proceeding made by registered or certified mail with return receipt required. The return receipt or a photocopy thereof shall be filed with the Commission.

Applications, formal complaints, supplemental complaints, amended complaints, cross complaints, and letters to the Commission relating to oral arguments and subpoenas, when service is required, may be served by depositing same in the U, S. Postal Service with sufficient postage attached thereto to ensure deliveiry and a certification of such service signed by the applicant or his attorney.

RULE 3.12 - Interventions, Petitions.

(b) When Filed.

A petition for leave to intervene in any proceeding should be filed not less than twenty (20) days after the official date of filing, except for good cause shown. Such intervention must show service of a copy on the interested parties or their attorneys by registered or certified mail with return receipt required. The return receipt or a photocopy thereof must be filed with the Commission by said intervener.

RULE 10.2 - Shipper Certification in Support of Applications.

(a) Every application for a certificate or permit shall indicate whether the application will be supported by shippers, or others, who will present evidence in support of the application as to their need for the service proposed. Such shipper certification shall not be substituted for the witness list required by Rule 3.14(b).

(b) Certifications by each supporting shipper shall be filed at the time the application for permanent authority is filed. Such certification shall include but not be limited to the business name of the supporting shipper, its address, and the name and title of the person who will be testifying on behalf of that supporting shipper, and the commodities to be transported by the applicant.

In the event that the applicant secures additional supporting shippers prior to the time verified statements of supporting shippers are due, the applicant shall file a supplemental certification of supporting shipper for each supporting shipper.

(c) Non-compliance with the aforementioned requirements, absent a showing of good cause for failing in their observance, will result in the disallowance of testimony and evidence proffered by public witnesses upon whose behalf certifications or identifications (by name and location) have not been filed.

RULE 11.4 - Amended paragraph.

No transfer or lease of the certificate or permit, or any part thereof, shall be granted by the Commission unless there has been filed with the Commission a statement by the Treasurer of the State of Arkansas and/or the Commissioner of Revenues, or his authorized deputy, certifying that there are no delinquent taxes outstanding against the transferor or against the certificate or permit sought to be transferred. Notwithstanding the above provisions, the requirements of subsections (h) and (i) above shall not apply in any respect to either the vendor or vendee where the vendor has filed for protection under the federal bankruptcy laws and is transferring the authority as a part of a reorganization or liquidation under an order directing the sale entered under the federal bankruptcy laws.

RULE 13.1 - Schedule of Minimum Limits - Liability

On each motor vehicle used in the transportation of property:

$50,000.00 for bodily injuries to or death of one person.

$100,000.00 for bodily injuries to or death of all persons injured or killed in any one accident.

$3 0,000,00 for loss or damage in any one accident to property of others.

On each motor vehicle used in the transportation of passengers having a seating capacity of twelve passengers or less:

$50,000.00 for bodily injuries to or death of one person.

$80,000.00 for bodily injuries to or death of all persons injured or killed in any one accident.

$3 0,000.00 for loss or damage in any one accident to property of others.

On each motor vehicle used in the transportation of passengers having a seating capacity of thirteen to twenty passengers inclusive:

$50,000.00 for bodily injuries to or death of one person.

$120,000.00 for bodily injuries to or death of all persons injured or killed in any one accident.

$30,000.00 for loss or damage in any one accident to property of others.

On each motor vehicle used in the transportation of passengers having a seating capacity of twenty-one to thirty, inclusive:

$50,000,00 for bodily injuries to or death of one person.

$160,000.00 for bodily injuries to or death of all persons injured or killed in any one accident.

$30,000.00 for loss or damage in any one accident to property of others.

On each motor vehicle used in the transportation of passengers having a seating capacity of thirty-one passengers or over:

$50,000.00 for bodily injuries to or death of one person.

$200,000.00 for bodily injuries to or death of all persons injured or killed in any one accident.

$30,000.00 for loss or damage in any one accident to property of others.

Schedule of Minimum Limits - Cargo

All common carriers of property by motor vehicle are required to file cargo insurance with minimum liability of $5,000.00 with cargo endorsement attached.

RULE 16.6

(b) Special or Charter Operations.

Definition - The term "charter operation" as used in this rule means the providing of transportation for a group assembled by someone other than the carrier, which contracts for the exclusive use of a bus for the duration of a particular trip or tour; this irregular call-on-demand type of service may not evolve into any regularly scheduled service over fixed routes. Such charter operation shall be provided at a fixed charge for the vehicle in accordance with the carrier's tariff lawfully on file with the Commission.

The term 'special operation" shall mean the type of service generally rendered to a number of passengers in which the -carrier itself has assembled a travel group through its own sales to each individual passenger of a ticket covering a particular trip or tour planned or arranged by the carrier. Such special service must be the type service that could not be provided by a passenger carrier operating under regular route authority or under the definition of charter operations found above.

The term "regular route or routes" as used in this rule means the specific highway or highways over which a motor common carrier of passengers is authorized to operate between fixed termini.

RULE 17.1 - General Safety Requirements.

All rules and safety regulations now or hereafter prescribed and adopted by the U. S. Department of Transportation, Federal Highway Administration, applicable to motor vehicles under the Federal Motor Carrier Safety Regulations as found in 49 C.F.R. Parts 383 through 399, not in conflict with the laws of the State of Arkansas, are hereby adopted and prescribed as the safety rules and regulations applicable to the intrastate operations of motor vehicles under the jurisdiction of this Commission. Notwithstanding the above, the rules and regulations governing the filing of insurance/surety for the public, specifically 49 C.F.R. Part 387.15 and 49 C.F.R. Part 387.35, shall not apply to those carriers having only Arkansas intrastate authority; in that case, those intrastate only carriers shall maintain the minimum limits set out in Rule 13.1 and Rule HM 1.4 of these rules.

NEW RULE B-8 - Surety for Brokers

Each broker holding a license issued by the Arkansas State Highway Commission under the provisions of Ark. Code Ann. ยง 23-13-2 3 0 shall at all times have a bond or other security approved by and on file with the Commission in an amount not less than $25,000, in order to ensure financial responsibility in the supplying of authorized transportation services under such broker's license.

HM RULE 1.4 - Minimum Insurance Requirement

In addition to the minimum insurance requirements set out in_ Rule 13-1 of the General Rules of Practice and Procedure of this Commission, each motor vehicle used to transport hazardous materials must at all times comply with the following minimum insurance requirements:

(1) For-hire and private carriage in interstate, foreign, or intrastate commerce, in vehicles with a gross vehicle weight rating of 10,000 pounds or more, transporting hazardous substances, as defined in 49 CFR 171.8, transported in cargo tanks, portable tanks, or hopper-type vehicles with capacities in excess of 3,500 water gallons; or in bulk Class A or B explosives, poison gas (Poison A), liquefied compressed gas or compressed gas; or highway route controlled quantity radioactive materials as defined in 49 CFR 173.403, five million dollars ($5,000,000.00).

(2) For-hire and private carriage in interstate or foreign commerce in any quantity or in intrastate commerce in bulk only, in vehicles with a gross vehicle weight rating of 10,000 pounds or more, transporting oil listed in 49 CFR 172.101; hazardous waste, hazardous materials and hazardous substances defined in 49 CFR 171.8 and listed in 49 CFR 172.101, but not mentioned in (1) above or (3) below, one million dollars ($1,000,000.00).

(3) For-hire and private carriage in interstate and intrastate commerce, in vehicles with a gross vehicle weight rating of less than 10,000 pounds, transporting any quantity of Class A or B explosives, any quantity of poison gas (Poison A) or highway route controlled quantity radioactive materials as defined in 49 CFR 173.403, five million dollars ($5,000,000.00).

(5/12/1992)

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