Title 39, Title 39 Utilities and Carriers

(a) Except as provided in § 39-1.2-9, any person, public agency, or public utility responsible for excavating within one hundred feet (100′) or for discharging explosives within one hundred feet (100′) of a public utility facility shall notify the association of the proposed exca…

Any permit issued by a public agency for excavation, demolition, or the discharge of explosives shall be issued in compliance with this chapter.

(a) A public utility served with the notice in accordance with § 39-1.2-5 shall, within seventy-two (72) hours, exclusive of Saturdays, Sundays, and legal holidays, of the receipt of the notice, unless otherwise agreed between the person or public agency performing the work and t…

(a) In the event of any emergency posing a threat to life, public health, public safety, or property, or that may require immediate correction in order to continue the operation of a major industrial plant, or to ensure the continuity of public utility service, excavation, mainte…

This chapter shall not be construed to authorize, affect, or impair local ordinances, charters of other provisions of law requiring permits to be obtained before excavating or tunneling in a public street or highway, or to construct or demolish buildings or other structures on pr…

It is hereby declared to be the policy of the state to regulate transportation of property by motor carriers upon its publicly used highways in such manner as to recognize and preserve the inherent advantages of transportation, and to foster sound economic conditions in transport…

A permit shall be issued to any qualified applicant therefor authorizing, in whole or in part, the operations covered by the application, if it shall appear, after a hearing, that the applicant is fit, willing, and able properly to perform the services of a contract carrier by mo…

Every common carrier by motor vehicle shall print, file with the administrator, and keep open for public inspection, tariffs showing all the rates and charges for transportation, and all services in connection therewith, of property, in intrastate commerce, between points on its …

It shall be the duty of every common carrier of property by motor vehicle to establish, observe, and enforce just, reasonable, and reasonably compensatory rates, charges, and classification, and reasonable regulations and practices relating thereto, which shall become effective o…

(a) The administrator, upon complaint of any common carrier by motor vehicle or of any person, or upon his or her own motion, after a hearing, may allow or disallow any filed or existing rates and may alter or prescribe the rates of common carriers in connection with the transpor…

In the exercise of power to prescribe just and reasonable rates and charges for the transportation of property by common carriers by motor vehicle, and classifications, regulations, and practices relating thereto, and to disallow rates filed by any carriers, the administrator sha…

Every contract carrier by motor vehicle shall file with the administrator a copy of every contract for the transportation of property by motor vehicle in effect in connection with its operations, which shall be in writing and shall be executed by all parties thereto. The period o…

(a) It shall be the duty of every contract carrier by motor vehicle to establish and observe reasonable rates and charges for any service rendered or to be rendered in the transportation of property, and to establish and observe reasonable regulations and practices to be applied …

Any party in interest, whether as a contract carrier, common carrier, shipper, or otherwise, may, at any time, by petition or complaint, have determined whether a rate or charge prescribed for the contract carrier by the administrator, after a hearing, is based upon or includes s…

Any irregular- or regular-route common carrier who or that, during any period of not less than sixty (60) consecutive days, fails or has failed to render any part of the service authorized by the common carrier’s certificate, except that for the reason that highways over which th…

Any contract carrier by motor vehicle who, during any period of not less than one year, fails or has failed to render any part of the service authorized by the contract carrier’s permit, except for the reason that the highways over which the contract carrier must operate are impa…

As used in this chapter: (1) “Administrator” means the public utilities administrator. (2) “Certificate” means a certificate of public convenience and necessity issued under this chapter or by any corresponding provisions of earlier laws to a common carrier by motor vehicle. (3) …

Any common-carrier certificate or any contract-carrier permit may be assigned and transferred, in whole or in part, by the holder thereof, his or her assignee, receiver, trustee, or by the holder’s personal representative, or by the surviving partner or partners of the deceased p…

Persons holding a certificate as a common carrier may also perform as a contract carrier under the authority of certificate.

Contracts entered into by a certified carrier shall be filed with the division of public utilities and carriers as part of the carrier’s tariffs and shall be subject to the division’s approval after public notification and public hearing by the division of public utilities and ca…

Every motor carrier engaged in transporting property over the highways of this state for compensation, in interstate commerce, shall file an application with the administrator for a permit of registration. The application shall be accompanied by a fee of twenty-five dollars ($25.…

Any permit of registration may be assigned and transferred by the holder thereof, his or her assignee, receiver, trustee, or by the holder’s personal representative, or by the surviving partner or partners of the deceased partner to which the right under the permit shall pass at …

In the event of the decease, incompetency, insolvency, bankruptcy, or corporate reorganization under the bankruptcy law of the United States, of a holder of a certificate or permit that authorizes motor carrier operations in intrastate commerce under this chapter, the administrat…

Every interstate motor carrier engaged in the transportation of property for compensation over the highways of this state, subject to the provisions of this chapter, shall register and identify all vehicles to be operated in the state in accordance with the provisions contained i…

No certificate or permit shall be issued to a motor carrier or remain in force, unless the carrier shall have furnished the administrator with evidence of insured financial responsibility. Each motor carrier shall satisfy the requirements by furnishing the administrator with proo…

(a) Every motor carrier engaged in the transportation of household goods between points within the state including a carrier providing a service incidental to or part of the intrastate transportation shall include and shall require each of its agents to include in every advertise…

Any common carrier subject to the provisions of this chapter, receiving property for transportation between points within this state, shall issue a receipt or bill of lading therefor, and shall be liable to the lawful holder thereof for any loss, damage, or injury to the property…

Every motor carrier of property operating in interstate commerce over the highways of this state, in the transportation of property for compensation, shall file with the administrator a designation in writing of the name and post office address of a person in this state upon whom…

There shall be exempted from the provisions of this chapter: (1) Motor vehicles while engaged exclusively in the delivery of United States mail; (2) Motor vehicles owned and operated by the government of the United States; (3) Motor vehicles owned and operated by a cooperative gr…

The administrator is hereby authorized to require annual, periodical, or special reports from all motor carriers, subject to the provisions of this chapter; to prescribe the manner and form in which the reports shall be made; and to require from the carriers specific and full, tr…

The administrator is hereby authorized to employ such clerical force and inspectors as shall be necessary to enforce and carry into effect the provisions of this chapter within his or her appropriation.

Examiners, field investigators, hearing officers, regulatory inspectors, and other employees of the division designated by the administrator with respect to the enforcement of the provisions of this chapter, shall have and exercise, throughout this state, all powers of police off…

The administrator is hereby authorized to avail himself or herself of such state, city, and town police departments as are or may hereafter be existing by law, to enforce the provisions of this chapter and the rules, regulations, and orders of the administrator made under this ch…

No person shall be excused from testifying or from producing any books, accounts, records, memoranda, correspondence, or other documents in any investigation or inquiry by or upon any hearing before the administrator, when ordered to do so by the administrator, upon the ground th…

Every person, subject to the provisions of this chapter, shall be subject to such reasonable orders, rules, and regulations as shall, after a public hearing, be adopted and promulgated by the administrator. For willful or continued failure to comply with orders, rules, and regula…

(a) Any person, subject to the provisions of this chapter, who shall knowingly or willfully cause to be done any act prohibited by this chapter, or who shall be guilty of any violation of this chapter for which no penalty is otherwise provided, shall be guilty of a misdemeanor; a…

Any person, whether carrier, shipper, consignee, or any officer, employee, agent, or representative thereof who: (1) Shall knowingly offer, grant, or give or solicit, accept, or receive any rebate, concession, or discrimination in violation of any provisions of this chapter; or (…

Any examiner, investigator, hearing officer, accountant, regulatory inspector, or field investigator, who shall knowingly and willfully divulge any facts or information that may come to his or her knowledge during the course of any examination or inspection made under authority o…

A full record shall be kept by every court in this state of every case in which a person is charged with violation of any provision of this chapter, and an abstract of the record shall be sent by the court to the administrator within ten (10) days of the time when the case is dis…

The general assembly shall annually appropriate such sums as it may deem necessary to carry out the provisions of this chapter, and in so doing shall take into consideration the fees collected under this chapter.

(a) It shall be the duty of the administrator: (1) To regulate common carriers by motor vehicle as provided in this chapter, and, to that end, the administrator may establish reasonable requirements with respect to continuous and adequate service, uniform system of accounts, reco…

If any provision of this chapter, or of any rule, regulation, or order made thereunder, or the application thereof to any persons or circumstances is held invalid by a court of competent jurisdiction, the remainder of this chapter, rule, regulation, or order, and the application …

(a) For the effective administration of this chapter as may relate to the supervision and regulation of motor carriers of property over the highways of this state in intrastate or interstate commerce, the administrator shall designate examiners, investigators, field investigators…

Except as otherwise provided in this chapter, no person shall engage in the business of transporting property for compensation in intrastate commerce over the publicly used highways as a common carrier, unless there shall be in force with respect to the carrier a certificate of p…

A certificate shall be issued by the administrator, after a hearing, to any qualified applicant therefor, authorizing the whole or any part of the operations covered by the application, if it is found that the applicant is fit, willing, and able properly to perform the service pr…

It is hereby declared that the business of contract carrier, as defined in this chapter, is affected with the public interest, and that the safety and welfare of the public upon the public highways within this state, the preservation and maintenance of the highways, and the prope…