04 N.C. Admin. Code 11 R02-66 - BROKERS
(a) License
Required. - No person, firm or association shall engage in the business of
broker in arranging for the transportation of passengers and their baggage by
motor vehicle in intrastate commerce in North Carolina without a license
therefor issued by the Commission upon application to the Commission, with a
copy of the application also being furnished to the Public Staff, and after a
hearing, or after notice and no protests being filed as provided by
G.S.
62-263.
(b) Evidence. - No such license shall be
issued unless it shall appear from the testimony offered at the hearing:
(1) That the applicant is not a bona fide
employee or agent of any motor carrier.
(2) That the applicant proposes to engage
only those motor carriers authorized by the Commission to transport passengers
as common carriers by motor vehicle in intrastate commerce in North
Carolina.
(3) That the proposed
service is desired and will be used by the public.
(4) That the applicant is fit, willing and
able to properly perform the proposed service.
(c) Bond. - No person shall engage in the
business of a broker as defined in the Public Utilities Act unless and until
such person shall have furnished a bond approved by the Commission in the
amount of not less than $5,000, and in such form as will insure the financial
responsibility of such broker and the supplying of authorized transportation in
accordance with agreements, contracts, and arrangements therefor.
(d) Vehicles and Drivers. - The vehicles and
drivers used in performing the transportation service shall be under the
exclusive control of the motor carrier engaged to perform the transportation
service, and the operation of such vehicles shall be limited to the authority
set out in such carrier's certificate.
(e) Rates and Charges. - The transportation
charges shall be in all respects as prescribed in the carrier's published
tariff. Commissions or other compensation for sale of tickets by brokers shall
not be allowed.
Notes
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