§ 13b-392 — (Formerly Sec. 16-286). Considerations for granting certificate.

Connecticut § 13b-392

• Jurisdiction: Connecticut
• Title 13b: Transportation
• Ch. 245c: Motor Carriers of Property for Hire

Text

In determining whether or not such a certificate shall be granted, the Commissioner of Transportation shall take into consideration the existing motor transportation facilities and the effect upon them of granting such certificate, the suitability of the applicant, or the suitability of the management if the applicant is a corporation, the financial responsibility and financial stability of the applicant, the ability of the applicant efficiently to perform the service for which authority is requested and the criminal history of the applicant. No such certificate shall be denied solely on the ground that there is an existing rail or household goods carrier service. When it appears that no household goods carrier service is being supplied over the route or routes applied for, public convenience and necessity shall be presumed to require operation of such service.

Legislative History

(1949 Rev., S. 5679; June, 1955, S. 2638d; 1969, P.A. 768, S. 237; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 162, 610; P.A. 80-482, S. 136, 348; P.A. 88-249, S. 5, 9; P.A. 95-126, S. 8, 25; P.A. 14-68, S. 1; P.A. 21-175, S. 11.) History: 1969 act required consideration of recommendations of commissioner of transportation re transportation facilities and highways; P.A. 75-486 replaced public utilities commission with public utilities control authority; P.A. 77-614 replaced authority with division of public utility control within the department of business regulation, effective January 1, 1979; P.A. 80-482 made division an independent department and deleted reference to abolished department of business regulation; P.A. 88-249 changed jurisdiction of motor carriers from the department of public utility control to the department of transportation, effective July 1, 1989. (Revisor's note: Statute published in both Title 16 and Title 13b in the Connecticut General Statutes, Revision of 1958, revised to 1989; Sec. 16-286 transferred to Sec. 13b-392, effective July 1, 1989); P.A. 95-126 substituted “household goods carrier service” for references to “motor service” and “motor common carrier service”, effective July 1, 1995; P.A. 14-68 deleted provision re commissioner to consider public need for service proposed and added provisions re commissioner to consider financial stability and criminal history of applicant, effective July 1, 2014; P.A. 21-175 deleted provisions re commissioner to consider condition of and effect upon highways, safety of public using highways and motor transportation facilities for service proposed. Annotations to former section 16-286: Cited. 145 C. 617; 148 C. 681; 219 C. 168; 226 C. 105; 242 C. 152. Annotations to present section: Cited. 219 C. 168; 226 C. 105; 235 C. 334.