SENATE BILL No. 1451

 

 

July 24, 2008, Introduced by Senator GILBERT and referred to the Committee on Transportation.

 

 

 

     A bill to amend 1933 PA 254, entitled

 

"The motor carrier act,"

 

by amending the title and section 1 of article I, sections 2, 6,

 

and 7 of article IV, and sections 2, 8, 9, and 10 of article V (MCL

 

475.1, 478.2, 478.6, 478.7, 479.2, 479.8, 479.9, and 479.10), the

 

title and section 10 of article V as amended by 1982 PA 399,

 

section 1 of article I and section 2 of article V as amended by

 

2007 PA 33, section 2 of article IV as amended by 1993 PA 352, and

 

section 7 of article IV as amended by 1989 PA 221.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act to promote safety upon and conserve the use of public

 

highways of the state; to provide for the supervision, regulation,

 


and control of the use of such highways by all motor vehicles

 

operated by carriers of property for hire upon or over such

 

highways; to preserve, foster, and regulate transportation and

 

permit the coordination of motor vehicle transportation facilities;

 

to provide for the supervision, regulation, and control of the use

 

of such highways by all motor vehicles for hire for such purposes;

 

to classify and regulate carriers of property by motor vehicles for

 

hire upon such public highways for such purposes; to give the

 

Michigan Public Service Commission jurisdiction and authority to

 

prevent evasion of this act through any device or arrangement; to

 

insure adequate transportation service; to give the commission

 

jurisdiction and authority to fix, alter, regulate, and determine

 

rates, fares, charges, classifications, and practices of common

 

motor carriers for such purposes; to give the commission

 

jurisdiction and authority to require registration, conduct audits,

 

and assess fees for motor carriers for unified carrier

 

registration; to require filing with the commission of rates,

 

fares, and charges of contract carriers and to authorize the

 

commission to prescribe minimum rates, fares, and charges, and to

 

require the observance thereof; to prevent unjust discrimination;

 

to prescribe the powers and duties of said commission with

 

reference thereto; to provide for appeals from the orders of such

 

commission; to confer jurisdiction upon the circuit court for the

 

county of Ingham for such appeals; to provide for the levy and

 

collection of certain privilege fees and taxes for such carriers

 

for such purposes and the disposition of such fees and taxes; and

 

to provide for the enforcement of this act; and to prescribe

 


penalties for its violations.

 

                              ARTICLE I

 

     Sec. 1. The words and phrases used in this act shall be

 

construed as follows, unless the context shall otherwise require:

 

     (a) "Motor vehicle" means any automobile, truck, trailer,

 

semitrailer, truck tractor, road tractor, or any self-propelled or

 

motor or mechanically driven vehicle, or any vehicle in anywise

 

attached to, connected with, or drawn by any self-propelled or

 

motor or mechanically driven vehicle, used upon any public highway

 

of this state for the purpose of transporting property.

 

     (b) "Public highway" means any public highway, road, street,

 

avenue, alley, or thoroughfare of any kind, or any bridge, tunnel,

 

or subway used by the public.

 

     (c) "Commission" means the Michigan public service commission.

 

     (d) "Person" means any individual, partnership, association,

 

or corporation, and their lessees, trustees, or receivers appointed

 

by any court.

 

     (e) "For hire" means for remuneration or reward of any kind,

 

paid or promised, either directly or indirectly.

 

     (f) "Motor common carrier of property" means any person who

 

holds himself or herself out to the public as being engaged in the

 

business of a for hire common carrier as at the common law, either

 

directly or through any device or arrangement, including but not

 

limited to those who operate over fixed routes or within 1 mile of

 

a fixed route or between fixed termini, in the transportation by

 

motor vehicle from place to place upon or over the highways of this

 

state, the property, or any property, or any class of property of

 


others who may choose to employ the person.

 

     (g) "The public" means that part or portion of the general

 

public which the motor carrier is ready, able, willing, and

 

equipped to serve.

 

     (h) "Motor contract carrier of property" means any person

 

providing motor vehicle transportation upon the highways of this

 

state for a series of shipments under continuing agreement of not

 

less than 1 year with a person which agreement provides for the

 

assignment of motor vehicles exclusively for each such person while

 

the vehicle is in the service of such person and which agreement is

 

designed to meet the distinct needs of each such person. Lower

 

rates, in and of themselves, shall not constitute a distinct need.

 

A motor contract carrier that possesses a motor common carrier

 

certificate of authority of that class set forth at section 5(6)(a)

 

of article II may commingle authorized contract carrier shipments

 

while providing common carrier service over fixed routes, without

 

assigning any vehicle exclusively for the person or persons for

 

whom contract service is provided. A motor contract carrier

 

authorized to transport packages or articles weighing 70 pounds or

 

less for 1 or more contract shippers may commingle such authorized

 

packages or articles weighing 70 pounds or less in the same vehicle

 

with commodities transported as a common or contract carrier,

 

without assigning any vehicle exclusively for the person or persons

 

for whom contract service is provided. A motor contract carrier

 

authorized to transport coin, currency, or food stamps for 1 or

 

more contract shippers, may commingle such authorized coin,

 

currency, or food stamps in the same vehicle with commodities

 


transported as a common or a contract carrier, without assigning

 

any vehicle exclusively for the person for whom contract service is

 

provided.

 

     (i) "Motor carrier" means both motor common carriers of

 

property and motor contract carriers of property. Motor carrier

 

does not include a private carrier any person engaged in the

 

transportation of property by motor vehicle upon public highways

 

where the transportation is incidental to, or in furtherance of,

 

any commercial enterprise of the person, other than transportation.

 

     (j) "Certificate of authority" means a certificate issued to a

 

motor common carrier authorizing a transportation service that

 

serves a useful public purpose responsive to a public demand or

 

need, which certificate is issued under the terms of this act.

 

     (k) "Permit" means the permit issued to motor contract

 

carriers under the terms of this act.

 

     (l) "Through any device or arrangement" means any and all

 

methods, means, agreements, circumstances, operations, or

 

subterfuges under which any person undertakes for hire to conduct,

 

direct, control, or otherwise perform the transportation by motor

 

vehicle of property upon the public highways of this state.

 

     (m) "Modified procedure" means that administrative procedure

 

by which the commission may consider evidence and testimony

 

submitted in the form of verified statements in motor carrier

 

matters without the necessity for an oral hearing. The commission

 

may delegate decision-making authority to an employee of the

 

commission staff, so that decisions in modified procedure may be

 

issued under the signature of the employee without a formal

 


commission order.

 

     (n) "Occasional accommodative service" means service limited

 

to operations conducted by persons not regularly engaged in the

 

transportation business of a motor common carrier or a motor

 

contract carrier.

 

     (o) "Useful public purpose" means a purpose for which an

 

applicant can provide adequate, economic, safe, effective,

 

competitive, and equitable motor carrier service to satisfy a

 

demonstrated public need.

 

     (p) "Fit", as applied to a proposed motor carrier service,

 

means safe, suitable, and financially responsible as determined by

 

the commission.

 

     (q) "Private carrier" means any person engaged in the

 

transportation of property by motor vehicle upon public highways

 

where the transportation is incidental to, or in furtherance of,

 

any commercial enterprise of the person, other than transportation.

 

     (q) (r) "General rate" means a rate applicable to 2 or more

 

motor carriers which rate is filed pursuant to section 6b of

 

article V.

 

     (r) (s) "Base rate, fare, or charge" means that nondiscounted

 

rate, fare, or charge specified in a carrier's rate schedule on

 

file with the commission.

 

     (s) (t) "Predatory rate" means a rate that is below its fully

 

allocated costs. As used in this subdivision, "fully allocated

 

costs" means total costs, including variable costs, plus an

 

allocation of fixed costs.

 

     (t) (u) "Household goods" means personal effects and property

 


used or to be used in a dwelling when a part of the equipment or

 

supply of that dwelling. Household goods do not include property

 

moving from a factory or store, except such property as the

 

householder has purchased with intent to use in his or her dwelling

 

and that is transported at the request of the householder, the

 

carrier's transportation charges for which are paid by that

 

householder.

 

     (u) (v) "Local move" means a household goods shipment of 40

 

miles or less, from point of origin to point of destination, as

 

determined by actual miles traveled by the motor carrier and

 

verifiable by odometer reading or mileage guide in general public

 

use.

 

     (v) "Intrastate-only motor carrier of property" means a motor

 

carrier of property that is not a UCR motor carrier.

 

     (w) "Intrastate motor vehicle" means a motor vehicle that is

 

operated by 1 of the following:

 

     (i) An intrastate-only motor carrier of property.

 

     (ii) A motor carrier that uses the motor vehicle to transport

 

household goods on an intrastate basis.

 

     (x) "UCR motor carrier" means a person that is required to pay

 

fees and file information under section 4305 of the federal unified

 

carrier registration act of 2005, 49 USC 14504a.

 

     (y) "Unified carrier registration agreement" means the

 

interstate agreement developed under the unified carrier

 

registration plan governing the collection and distribution of

 

registration and financial responsibility information provided and

 

fees paid by UCR motor carriers, motor private carriers, brokers,

 


freight forwarders, and leasing companies under section 4305 of the

 

federal unified carrier registration act of 2005, 49 USC 14504a.

 

     (z) "Unified carrier registration plan" means the organization

 

of state, federal, and industry representatives responsible for

 

developing, implementing, and administering the unified carrier

 

registration agreement under section 4305 of the federal unified

 

carrier registration act of 2005, 49 USC 14504a.

 

     (aa) "Broker" means that term as defined in 49 USC 13102.

 

     (bb) "Freight forwarder" means that term as defined in 49 USC

 

13102.

 

     (cc) "Motor private carrier" means that term as defined in 49

 

USC 13102.

 

     (dd) "Commercial motor vehicle" means that term as defined in

 

49 USC 14504a.

 

     (ee) "Leasing company" means that term as defined in 49 USC

 

14504a.

 

                              ARTICLE IV

 

     Sec. 2. (1) In addition to the license fees or taxes otherwise

 

imposed upon motor carriers, there shall be assessed against and

 

collected from each motor carrier for the administration of this

 

act, an annual fee of $100.00 for each self-propelled intrastate

 

motor vehicle operated by or on behalf of the motor carrier, except

 

as otherwise provided in this subsection. A motor carrier shall pay

 

a fee of only $50.00 for each self-propelled intrastate motor

 

vehicle operated by or on behalf of the motor carrier, if the motor

 

carrier begins operation of the vehicle after June 30 and has not

 

previously paid a fee under this subsection for that vehicle. After

 


payment of the $100.00 annual fee for a an intrastate motor

 

vehicle, or the $50.00 fee paid for a vehicle operated after June

 

30, or the $50.00 fee paid for a vehicle used for the

 

transportation of household goods if a motor carrier seeks to begin

 

operating a self-propelled intrastate motor vehicle in place of

 

another motor vehicle not leased to the motor carrier by an owner

 

operator for which a fee was paid and surrenders the identification

 

allocated to the motor vehicle by the commission, accompanied by a

 

fee of $10.00, a replacement identification shall be issued. If the

 

owner operator replaces a vehicle while it is still leased to the

 

same motor carrier to whom it was leased when the identification

 

was issued, the replacement identification fee shall be $10.00. For

 

all other replacement vehicles, the fee shall be $25.00 for each

 

complete or partial calendar year quarter remaining in the year as

 

of the date the replacement vehicle is to begin operating upon

 

surrender of the identification allocated to the motor carrier by

 

the commission. For each truck or tractor used exclusively for the

 

transportation of household goods as defined by the commission, the

 

annual fee shall be $50.00.

 

     (2) A motor carrier licensed in this state shall pay an annual

 

fee of $100.00 for each vehicle operated by the motor carrier which

 

is registered in this state and operating entirely in interstate

 

commerce. A motor carrier shall pay a fee of only $50.00 for each

 

self-propelled motor vehicle operated by or on behalf of the motor

 

carrier if the motor carrier begins operation of the vehicle after

 

June 30 and has not previously paid a fee under this subsection for

 

that vehicle.

 


     (2) (3) The commission may issue a temporary 72-hour permit

 

for the operation of a vehicle subject to rules and conditions of

 

the commission at a fee of $10.00, which is in place of any other

 

fee otherwise required under this section. The commission shall

 

reserve the authority to deny or curtail the use of temporary

 

permits authorized by this section.

 

     (3) (4) A motor carrier shall not operate any motor vehicle

 

upon or over the highways of this state, except as otherwise

 

provided in this act, while any of the fees imposed by this act

 

remain unpaid. The commission is prohibited from extending the time

 

of payment or permitting the operation while the delinquency

 

continues.

 

     (4) (5) Motor carriers subject to this act shall not be

 

required to pay the fee on operations of vehicles within the area

 

described in section 2(1)(a) of article V.

 

     (6) The commission shall cooperate with other state

 

departments involved with the registration of commercial motor

 

vehicles to implement a system whereby owners or drivers of

 

commercial motor vehicles can obtain registration plates, decals,

 

or tabs and pay the required fees at a single designated location,

 

rather than at multiple locations.

 

     Sec. 6. All moneys money received under the provisions of this

 

act shall be placed to the credit of the commission. The

 

legislature shall appropriate such moneys money to the commission

 

and the motor vehicle highway fund department of state police in

 

such proportions as the legislature may determine a manner that is

 

consistent with the requirement of section 4305 of the unified

 


carrier registration act of 2005, 49 USC 14504a, that a state

 

demonstrate that it uses an amount at least equal to the revenue

 

derived from its participation in the unified carrier registration

 

agreement for motor carrier safety programs, enforcement, and the

 

administration of the uniform carrier registration plan and

 

agreement.

 

     Sec. 7. (1) A UCR motor carrier, motor private carrier,

 

broker, freight forwarder, leasing company, or other person subject

 

to the requirements of section 4305 of the federal unified carrier

 

registration act of 2005, 49 USC 14504a, shall not engage in the

 

interstate or foreign transportation of property for compensation

 

conduct operations or otherwise provide transportation services in

 

this state without first having registered with the commission and

 

paid the required registration and vehicle fees under, and met the

 

obligations imposed by, the unified carrier registration plan and

 

agreement.

 

     (2) A motor carrier operating in this state under authority

 

granted by the interstate commerce commission pursuant to section

 

10922 of subchapter II of chapter 109 of subtitle IV of title 49 of

 

the United States code, 49 U.S.C. 10922, shall file and maintain a

 

record of that authority with the commission. A motor carrier shall

 

not operate within this state without first complying with this

 

subsection.

 

     (3) A motor carrier shall not engage in the interstate

 

transportation of property within this state pursuant to exemptions

 

from economic regulation permitted under the interstate commerce

 

act, under subtitle IV of title 49 of the United States code, 49

 


U.S.C. 10101 to 11917, without the approval by the commission of an

 

application for the registration of the exempt operations.

 

     (4) The annual fee levied on each interstate or foreign motor

 

carrier vehicle operated in this state and licensed in another

 

state or province of Canada shall be $10.00. The commission may

 

enter into a reciprocal agreement with a state or province of

 

Canada that does not charge vehicles licensed in this state

 

economic regulatory fees or taxes and may waive the fee required

 

under this subsection.

 

     (2) (5) Of Not less than $750,000.00 or 10% of the fees

 

collected pursuant to this section, whichever is greater, not less

 

than 90% of those fees collected in excess of $1,400,000.00

 

annually shall be deposited in the truck safety fund established in

 

section 25 of Act No. 51 of the Public Acts of 1951, being section

 

247.675 of the Michigan Compiled Laws 1951 PA 51, MCL 247.675.

 

                              ARTICLE V

 

     Sec. 2. (1) This Except as provided in section 7 of article

 

IV, this act shall does not apply to any of the following:

 

     (a) A vehicle, other than a vehicle transporting household

 

goods, operated entirely within a city or village of this state; or

 

to a motor carrier of property, other than a motor carrier of

 

household goods, whose operations may extend a distance of not more

 

than 8 miles beyond the boundary of a city or village having a

 

population of less than 500,000, if the origin and destination of

 

the property being transported is within an 8-mile radius of the

 

city or village. The territory within the external corporate limits

 

of a city, even though it includes and embraces the area of 1 or

 


more separately organized and existing cities, shall be considered

 

a single city. Notwithstanding any other provision of this

 

subdivision, a certificate or permit issued under this act is

 

required for the operation of a vehicle of a motor carrier,

 

including a vehicle transporting household goods, other than a

 

vehicle exempted under subdivisions (b) to (q), in the

 

transportation of property between a city having a population of

 

500,000 or more and a city or village located within the commercial

 

zone of a city having a population of 500,000 or more, or between

 

cities or villages within that commercial zone. As used in this

 

subdivision, "commercial zone" means the area within an 8-mile

 

radius of a city having a population of 500,000 or more and

 

includes all cities and villages, any part of which are located

 

within that 8-mile radius.

 

     (b) A vehicle owned or operated by the state or the United

 

States, or by a state or federal corporation, agency, or

 

instrumentality.

 

     (c) A vehicle owned or operated by an incorporated city,

 

village, or school district, or by a county or township in the

 

state or by a corporation, agency, or instrumentality of the state,

 

for governmental purposes.

 

     (d) A vehicle used exclusively for carrying United States

 

mail.

 

     (e) A vehicle used for the transportation of farm products,

 

including livestock, when transported by other than the owner, from

 

the farm to the market in the raw state, or used for the

 

transportation of milk from the farm to milk stations, or trucks

 


owned by a farmer bearing a farm truck license issued under section

 

801(1)(c) of the Michigan vehicle code, 1949 PA 300, MCL 257.801,

 

when being used by the farmer in hauling farm produce, livestock,

 

or farm equipment, and supplies for other farmers for remuneration

 

in kind or in labor, but not for money.

 

     (f) A vehicle used for the transportation of fruits, eggs,

 

poultry, fish and seafood, grain, vegetables, seeds, nursery stock,

 

horticultural products, and sugar beets. This subdivision shall not

 

exempt a vehicle transporting the commodities described in this

 

subdivision in other than the raw state.

 

     (g) A vehicle used for occasional accommodative service

 

including seasonal transportation of perishable commodities even

 

though the cost of the accommodative service and seasonal

 

transportation of perishable commodities may be paid by the person

 

accommodated.

 

     (h) A dump truck having not more than 4 axles or any dump

 

vehicle moving directly to and from a public highway, airport, or

 

railroad or bridge construction site, when used for the

 

transportation of sand, gravel, slag, stone, limestone, crushed

 

stone, marl, pebbles, cinders, bituminous aggregates, asphalt,

 

blacktop, dirt, or fill material, or any dump vehicle transporting

 

commodities generally transported in the dump vehicle operating

 

within an 8-mile radius of a city having a population of 500,000 or

 

more and including all other cities or villages, any part of which

 

is located within the 8-mile radius.

 

     (i) A vehicle used to transport a vehicle that is temporarily

 

disabled from a point within an 8-mile radius of a city having a

 


population of 500,000 or more and including all other cities or

 

villages, any part of which is located within the 8-mile radius to

 

another point within that radius.

 

     (j) A vehicle used for the transportation of pulpwood, logs,

 

wood chips, bark, and sawdust when the vehicle is being used to

 

move the commodities from a forest, woodlot, cutting site, sawmill,

 

or chipping site to a market or railroad siding of not more than a

 

140-mile radius from the place where the vehicle is loaded.

 

     (k) A vehicle having a manufacturer's rating of not more than

 

1-1/2 tons capacity or the equivalent gross vehicle weight rating

 

used for the transportation of newspapers.

 

     (l) A vehicle towing a disabled motor vehicle from the location

 

at which it was disabled to another location or a vehicle towing a

 

motor vehicle involved in an accident from the location of the

 

accident to another location.

 

     (m) A vehicle used in the transportation of livestock, poultry

 

feed, chemicals, pesticides, and fertilizers on movements directly

 

to a farm for use in agricultural production.

 

     (n) A vehicle used for the transportation of property for

 

compensation provided by a person who is a member of a corporate

 

family for other members of the corporate family, if all of the

 

following conditions are met:

 

     (i) The parent corporation notifies the commission annually of

 

its intent or the intent of 1 of its subsidiaries to provide the

 

transportation.

 

     (ii) The notice described in subparagraph (i) contains a list of

 

participating subsidiaries and an affidavit that the parent

 


corporation owns directly or indirectly a 100% interest in each of

 

the subsidiaries.

 

     (iii) The notice described in subparagraph (i) is accompanied by

 

a fee of $100.00.

 

     (iv) The commission publishes the notice described in

 

subparagraph (i) in the biweekly bulletin.

 

     (v) A copy of the notice described in subparagraph (i) is

 

carried in the cab of all vehicles conducting the transportation.

 

     (o) A vehicle transporting animal and poultry feed or feed

 

ingredients to sites of agricultural production or to a business

 

enterprise engaged in the sale to agricultural producers of goods

 

used in agricultural production.

 

     (p) A vehicle transporting recyclable materials to or from a

 

resource recovery facility. The terms "recyclable materials" and

 

"resource recovery facility" have the meanings attributed to these

 

terms in part 115 of the natural resources and environmental

 

protection act, 1994 PA 451, MCL 324.11501 to 324.11550, except

 

that the term recyclable materials does not include industrial

 

scrap metal. This subdivision shall not be construed to exempt from

 

this act a vehicle transporting new products.

 

     (q) A vehicle transporting property for, or on behalf of, a

 

nonprofit charitable institution or for a house of public worship.

 

     (2) As used in subsection (1)(n), "corporate family" means a

 

group of corporations consisting of a parent corporation and all

 

subsidiaries in which the parent corporation owns directly or

 

indirectly a 100% interest.

 

     (3) None of the exemptions in this section, where applicable,

 


apply to a vehicle entering this state from another state, foreign

 

country, or subdivision of a state or foreign country that does not

 

extend similar exemptions to vehicles from this state entering the

 

state, foreign country, or subdivision.

 

     Sec. 8. The commission shall furnish proper and sufficient

 

identification for each vehicle that an intrastate-only motor

 

carrier of property is authorized to operate or that a motor

 

carrier is authorized to operate for transporting household goods

 

under the terms of this act, in addition to the regular

 

registration or license plates required by law. The commission is

 

authorized to remove and take custody of any identification found

 

attached to a motor vehicle for which it was not issued, or when

 

the holder of the identification has made or is making unlawful use

 

thereof.

 

     Sec. 9. Insurance and bond requirements. The commission shall

 

have full power and authority to make and shall make such insurance

 

or bond requirements under uniform regulations for intrastate-only

 

motor carriers of property and motor carriers of household goods as

 

it may deem necessary adequately to protect the interests of the

 

public.

 

     Sec. 10. (1) All certificates or permits granted hereunder to

 

intrastate-only motor carriers of property and motor carriers

 

transporting household goods shall be made to terminate as of

 

December 31 of the calendar year during which the certificate or

 

permit is issued. All intrastate-only motor carriers of property

 

and motor carriers transporting household goods shall make

 

application for the renewal of their certificates or permits not

 


before October 1 and not later than December 1 of the year in which

 

their current certificate or permit expires. Certificate and permit

 

holders not making application by December 1 shall be advised by

 

the commission and given the opportunity to file their applications

 

on or before December 31 on payment of a penalty of $50.00. The

 

renewal application shall be accompanied with the required fees,

 

proof of insurance, and all other things required to be filed with

 

the commission by law or by the rules and orders of the commission.

 

     (2) The certificate or permit of any intrastate-only motor

 

carrier of property or motor carrier transporting household goods

 

who is delinquent in the payment of the earned fees required by

 

this act to be paid at the time of any renewal thereof shall be

 

deemed canceled and terminated, on and after January 1 of the year

 

for which application should have been made under the requirements

 

of this section. , and the motor carrier Upon expiration, an

 

intrastate-only motor carrier of property shall be prohibited from

 

operating any of its vehicles, and a motor carrier authorized to

 

transport household goods shall be prohibited from operating any

 

vehicle to transport household goods or engage in any other service

 

subject to renewal of the certificate, upon or over the highways of

 

this state. and all All privileges granted it under its the

 

expiring certificate or permit shall cease.

 

     (3) In case any applicant for renewal of a certificate or a

 

permit fails, otherwise than in the payment of fees, to comply in

 

all respects with the law and the rules of the commission in

 

connection with the filing of the application for renewal, the

 

commission immediately shall give specific written notice of that

 


failure to the applicant and shall require in the notice that the

 

applicant correct the matter specified within 10 days after the

 

notice. Upon the failure of the applicant to make the correction

 

within the time, or in case of the failure to accompany the

 

application with the required filing fee, the certificate or permit

 

of the applicant shall be revoked without any action whatever upon

 

the part of the commission.

 

     (4) Except as in this section otherwise provided, the

 

provisions in this act voiding a certificate or a permit for cause

 

shall be self-executing and shall not require any affirmative act

 

on the part of the commission, and the commission is expressly

 

prohibited from extending and shall not have any power to extend

 

the privilege or permit nor to allow the carrier to engage in any

 

operation over the public highway. In no case shall the revocation

 

of any certificate or a permit release any motor carrier from

 

liability for accrued fees.

 

     (5) Upon full compliance with the requirements with respect to

 

the filing of the application, the certificate or permit shall

 

issue for the succeeding calendar year, subject to all the

 

provisions of this act.

 

     (6) The holder of a certificate or permit under this act may

 

add equipment at any time, but when adding equipment subject to a

 

privilege fee prescribed by this act, the holder of a certificate

 

or permit shall file an ex parte application in the form as the

 

commission requires and pay for each unit of equipment added, the

 

fee prescribed in section 2 of article IV. A notice of hearing on

 

the application shall not be required and a public hearing shall

 


not be held thereon. When the holder of any certificate or permit,

 

excepting a certificate or permit that authorizes the

 

transportation of household goods while such household goods are

 

being transported, by lease, contract, or any arrangement other

 

than outright purchase, augments his or her equipment, the lease,

 

contract, or arrangement shall be in writing and of such a

 

character so as to vest in the holder exclusive possession and

 

control of the vehicle under the lease or arrangement for the

 

entire term of the lease or arrangement. Any operation of the

 

vehicle shall be conducted under the exclusive supervision,

 

direction, and control of the holder.

 

     (7) A certificated or permitted unit of equipment may be

 

withdrawn from service at any time by surrendering to the

 

commission the identification allocated to the unit at the time it

 

was certificated or permitted.