66-1,119a. Lease or assignment of territory, operating rights and authority prohibited; pooling agreement; action by commission; procedure. - Kansas Statutes

66-1,119a

Chapter 66.--PUBLIC UTILITIES Article 1.--POWERS OF STATE CORPORATION COMMISSION

      66-1,119a.   Lease or assignment of territory, operating rights andauthority prohibited; pooling agreement; action by commission; procedure.No public motor carrier authorized under the provisions of the motorcarrier act to operate shall by contract, lease, agreement or any othermeans made with any person, partnership, association or corporation,lease or assign any authority or operating rights to perform anytransportation service or operations authorized or assign any territorygranted by any certificate of convenience and necessity or certificate ofpublic service issued to suchmotor carrier. When the relevant federal agency has issued an orderapproving andauthorizing a poolingagreement between two or more motor carriers covering points andplaces in this state, nothing herein shall be construed as prohibiting,invalidating or otherwise affecting any agreement between such motorcarriers insofar as it relates to service or operations between the samepoints and places in intrastate commerce within this state. Any such ordershall be filed with the corporationcommission, and such agreement shall not be effective unless thecommission finds that the proposedservice orany part thereof is proposed to be performed by the applicants and thatthe applicants are fit, willing and able to perform such service or fit,knowledgeable and in compliance with the commission's safety rules andregulations and liability and cargo insurance requirements.If the commission makes such findings, the commissionshall approve such agreement,except that if the commission finds that the proposedservice is inconsistent with the public convenience and necessity, thecommissionshall not approve the agreement.

      History:   L. 1957, ch. 348, § 2; L. 1974, ch. 265, §1; L. 1982, ch. 275, § 4;L. 1988, ch. 356, § 240;L. 1995, ch. 98, § 10;L. 2000, ch. 78, § 11; July 1.