§ 62-261. Additional powers and duties of Commission applicable to motor vehicles. - North Carolina Statutes

§ 62‑261. Additional powers and duties of Commission applicable to motor vehicles.

The Commission is hereby vested with the following powers and duties:

(1)        To supervise and regulate bus companies and to that end, theCommission may establish reasonable requirements with respect to continuous andadequate service, transportation of baggage, newspapers, mail and lightexpress, uniform system of accounts, records and reports and preservation ofrecords.

(2)        To supervise the operation and safety of passenger busstations in any manner necessary to promote harmony among the carriers usingsuch stations and efficiency of service to the traveling public.

(3)        Repealed by Session Laws 1985, c. 454, s. 12.

(4)        For the purpose of carrying out the provisions of this Article,the Utilities Commission may avail itself of the special information of theBoard of Transportation in promulgating safety requirements and in consideringapplications for certificates or permits with particular reference toconditions of the public highway or highways involved, and the ability of thesaid public highway or highways to carry added traffic; and the Board ofTransportation, upon request of the Utilities Commission, shall furnish suchinformation.

(5)        The Commission may, without prior notice and hearing, makeand enter any order, rule, regulation, or requirement, not affecting rates,upon unanimous finding by the Commission of the existence of an emergency andmake such order, rule, regulation or requirement effective upon notice given toeach affected motor carrier by registered mail, or by certified mail pending ahearing thereon as provided in this subdivision. It shall not be necessary forthe Commission to give notice to the carriers affected or to hold a hearingprior to a revision in the rules regarding procedures to be followed in filingrates. Any such emergency order, rule, regulation or requirement shall besubject to continuation, modification, change, or revocation after notice andhearing and all such emergency orders, rules, regulations and requirementsshall be supplanted and superseded by any final order, rule, regulation orrequirement entered by the Commission.

(6)        The Commission shall regulate brokers and make and enforcereasonable requirements respecting their licenses, financial responsibility,accounts, records, reports, operations and practices.

(7)        Repealed by Session Laws 1985, c. 454, s. 12.

(8)        To determine, upon its own motion, or upon motion by a motorcarrier, or any other party in interest, whether the transportation ofhousehold goods in intrastate commerce performed by any motor carrier or classof motor carriers lawfully engaged in operation in this State is in fact ofsuch nature, character, or quantity as not substantially to affect or impairuniform regulation by the Commission of transportation by motor carriersengaged in intrastate commerce. Upon so finding, the Commission shall issue acertificate of exemption to such motor carrier or class of motor carrierswhich, during the period such certificate shall remain effective and unrevoked,shall exempt such carrier or class of motor carriers from compliance with theprovisions of this Article, and shall attach to such certificate suchreasonable terms and conditions as the public interest may require. At any timeafter the issuance of any such certificate of exemption, the Commission may byorder revoke all or any part thereof, if it shall find that the transportationin intrastate commerce performed by the carrier or class of carriers designatedin such certificate will be, or shall have become, or is reasonably likely tobecome, or such nature, character, or quantity as in fact substantially toaffect or impair uniform regulation by the Commission of intrastatetransportation by motor carriers in effectuating the policy declared in thisChapter. Upon revocation of any such certificate, the Commission shall restoreto the carrier or carriers affected thereby, without further proceedings, theauthority, if any, to operate in intrastate commerce held by such carrier orcarriers at the time the certificate of exemption pertaining to such carrier orcarriers became effective. No certificate of exemption shall be denied, and noorder of revocation shall be issued, under this paragraph, except afterreasonable opportunity for hearing to interested parties.

(9)        To inquire into the management of the business of motorcarriers and into the management of business of persons controlling, controlledby or under common control with, motor carriers to the extent that such personshave a pecuniary interest in the business of one or more motor carriers, andthe Commission shall keep itself informed as to the manner and method in whichthe same are conducted, and may obtain from such carriers and persons suchinformation as the Commission deems necessary to carry out the provisions ofthis Article.

(10)      Repealed by Session Laws 1985, c. 454, s. 12.

(11)      The Commission may from time to time establish such just andreasonable classifications of groups of carriers included in the term"common carrier by motor vehicle" as the special nature of theservice performed by such carriers shall require; and such just and reasonablerules, regulations, and requirements, consistent with the provisions of thisArticle, to be observed by such carriers so classified or grouped, as theCommission deems necessary or desirable in the public interest. (1947, c. 1008, s. 5; 1949, c. 1132, s. 6; 1953, c.1140, s. 5; 1957, c. 65, s. 11; c. 1152, s. 7; 1961, c. 472, s. 9; 1963, c.1165, s. 1; 1969, c. 723, s. 2; c. 763; 1973, c. 507, s. 5; 1985, c. 454, s.12; c. 676, s. 18; 1995, c. 523, s. 17.)