Sec. 13b-389. (Formerly Sec. 16-283). Certificate of public convenience and necessity. Penalty.
Sec. 13b-389. (Formerly Sec. 16-283). Certificate of public convenience and
necessity. Penalty. (a) No person shall operate any motor vehicle in the transportation
of household goods for hire as a household goods carrier without first having obtained
from the Commissioner of Transportation, after hearing, a certificate of public convenience and necessity to so operate.
(b) Any person, other than a household goods carrier who has obtained such certificate, who holds himself or herself out as a household goods carrier with intent to obtain
a benefit or to injure or defraud another, shall be guilty of a class B misdemeanor.
(1949 Rev., S. 5676; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 162, 610; P.A. 80-482, S. 133, 348; P.A. 88-249, S. 2, 9;
P.A. 95-126, S. 6, 25; P.A. 02-70, S. 86.)
History: P.A. 75-486 replaced public utilities commission with public utilities control authority; P.A. 77-614 replaced
public utilities control 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 transferred powers and duties from public utility control department to transportation
department, amending section as required by section 2 of the act (codified as Sec. 13b-387a), 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. 16-283 transferred to Sec. 13b-389, effective July 1, 1989); P.A. 95-126 substituted "household
goods" for reference to "property" and "household goods carrier" for "motor common carrier", effective July 1, 1995;
P.A. 02-70 designated existing provisions as Subsec. (a) and added Subsec. (b) re imposition of penalty on any person,
other than a household goods carrier, who holds himself or herself out as a household goods carrier with intent to obtain
benefit or injure or defraud another.
Annotations to former section 16-283:
Cited. 122 C. 298. Cited. 145 C. 617. When an individual or a corporation carries on an activity which can be lawfully
carried on only under a franchise granted by public authority, it is liable for bodily harm caused to others by the negligence
of a contractor employed to do work in carrying on the activity. 148 C. 398. Cited. Id., 681. Proof required to obtain
certificate of public convenience and necessity is greater and stronger than proof required under section 16-294 to show
proposed operation "is not inconsistent with the public interest". Id., 682. Cited. 219 C. 168.
Annotation to present section:
Cited. 219 C. 168.