4923.07 Granting of permit - contract of carriage. - Ohio Statutes

4923.07 Granting of permit - contract of carriage.

Before granting any permit authorizing the operation of a private motor carrier, the public utilities commission shall consider and determine whether the applicant has complied with the law and with the rules and regulations of the commission governing private motor carriers, and whether the operation proposed by the applicant comes within the definition of a private motor carrier, and also whether such proposed operation comes within the definition of a motor transportation company as provided in section 4921.02 of the Revised Code. If the applicant has complied with the law and the rules and regulations of the commission governing private motor carriers, and the commission finds the proposed operation and contract of carriage of the applicant and the other contracting party to be that of a private motor carrier and such contract to be in full compliance with Chapters 4901., 4903., 4905., 4907., 4909., 4921., and 4923. of the Revised Code and the rules of the commission governing the same, and if the applicant is a proper person to whom to grant a permit, and the granting of such permit, or the approval of the contract as to any change or modification of it is and will be consistent with the declared policy and purpose of the regulation of transportation by common and contract carriers by motor vehicle, as provided in such chapters, then a permit shall be granted; otherwise the application shall be denied, and any such contract, or change or modification of such contract, shall be rejected by the commission. The commission in making its decision shall not be governed solely by the matter of rates. Should the commission find that the proposed operation of the applicant is that of a motor transportation company as defined by section 4921.02 of the Revised Code, it shall forthwith dismiss such application and refuse a permit, and shall make such further order as it deems proper upon the facts presented. Upon request of any party to the proceeding, the commission shall make, and serve on each party or his attorney of record, its findings setting forth the specific reasons for the granting, denial, approval, or rejection of any such application, or of any such contract or change or modification of such contract. Neither the contract carrier by motor vehicle nor the other contracting party shall collect, accept, or pay, in any form, any rate, charge, fee, or compensation other than that specifically provided under the effective contract on file with the commission. No such contract of carriage shall be effective unless it is duly filed with the commission, and the required permit or approval of the contract has been granted. No corporation, company, association, joint-stock association, person, firm, or copartnership, their lessees, legal or personal representatives, or receivers or trustees appointed by any court, shall hold, operate, manage, or control more than one permit.

Effective Date: 10-14-1963