1998 Minnesota Statutes

     221.071 Issuance of certificate; vehicle registration. 

    Subdivision 1.    Considerations; temporary certificate; 
 amending.  If the board finds from the evidence that the 
 petitioner is fit and able to properly perform the services 
 proposed and that public convenience and necessity require the 
 granting of the petition or a part of the petition, it shall 
 issue a certificate of public convenience and necessity to the 
 petitioner.  In determining whether a certificate should be 
 issued, the board shall give primary consideration to the 
 interests of the public that might be affected, to the 
 transportation service being furnished by a railroad which may 
 be affected by the granting of the certificate, and to the 
 effect which the granting of the certificate will have upon 
 other transportation service essential to the communities which 
 might be affected by the granting of the certificate.  The board 
 may issue a certificate as applied for or issue it for a part 
 only of the authority sought and may attach to the authority 
 granted terms and conditions as in its judgment public 
 convenience and necessity may require.  If the petitioner is 
 seeking authority to operate regular route transit service 
 wholly within the seven-county metropolitan area with operating 
 assistance provided by the metropolitan council, the board shall 
 consider only whether the petitioner is fit and able to perform 
 the proposed service.  The operating authority granted to such a 
 petitioner must be the operating authority for which the 
 petitioner is receiving operating assistance from the 
 metropolitan council.  A carrier receiving operating assistance 
 from the metropolitan council may amend the certificate to 
 provide for additional routes by filing a copy of the amendment 
 with the board, and approval of the amendment by the board is 
 not required if the additional service is provided with 
 operating assistance from the metropolitan council.  

    The board may grant a temporary certificate, ex parte, 
 valid for a period not exceeding 180 days, upon a showing that 
 no regular route common carrier or petroleum carrier is then 
 authorized to serve on the route sought, that no other petition 
 is on file with the board covering the route, and that a need 
 for the proposed service exists. 

    A certificate may be amended by the board on ex parte 
 petition and payment of a $25 fee to the commissioner, to grant 
 an additional or alternate route if there is no other means of 
 transportation over the proposed additional route or between its 
 termini, and the proposed additional route does not exceed ten 
 miles in length. 

    Subd. 2.    Vehicle registration.  Certificate carriers 
 shall annually register each vehicle as provided in section 
 221.131, subdivision 3.  

    HIST: Ex1957 c 17 s 7; 1971 c 25 s 67; 1975 c 313 s 7; 1976 c 
 166 s 75; 1980 c 534 s 63; 1983 c 293 s 79; 1983 c 371 s 24; 
 1984 c 654 art 3 s 77; 1986 c 444; 1992 c 600 s 17; 1994 c 628 
 art 3 s 21