Sec. 13b-400. (Formerly Sec. 16-294). Issuance of permit.
Sec. 13b-400. (Formerly Sec. 16-294). Issuance of permit. Such a permit shall
be issued to any applicant if it appears that the applicant is fit, financially responsible,
willing and able to perform the service of a motor contract carrier and to conform to the
provisions of this chapter and the requirements and regulations of the Commissioner of
Transportation made thereunder and that the proposed operation is not inconsistent with
the public interest. In determining whether the proposed operation is inconsistent with
the public interest the commissioner shall take into consideration such recommendations
as to the maintenance of an adequate transportation system designed to meet the needs
of the public. The commissioner shall have power to decide the question of financial
responsibility on the individual merits of the applicant and to require that such financial
responsibility be adequate. The commissioner, on July first annually and upon payment
of a fee of ten dollars, shall issue to an applicant, with the permit, a decal representing
the applicant's authority to operate within the state. The decal shall be conspicuously
displayed on the side of each vehicle in a manner prescribed by the commissioner.
(1949 Rev., S. 5688; 1969, P.A. 768, S. 239; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 162, 610; P.A. 80-482, S. 141, 348;
P.A. 88-249, S. 7, 9; P.A. 92-136, S. 6; P.A. 93-307, S. 22, 34.)
History: 1969 act required consideration of commissioner of transportation's recommendations re maintenance of
adequate transportation system; 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. 16-294 transferred to Sec. 13b-400, effective
July 1, 1989); P.A. 92-136 amended section by requiring the issuance of a decal to be conspicuously displayed on the
vehicle; P.A. 93-307 amended the section by providing for an annual decal fee and eliminating the provision for a one-time decal fee, effective June 29, 1993.
Annotations to former section 16-294:
Cited. 145 C. 617. Cited. 148 C. 680. Proof required under section 16-283 to obtain certificate of public convenience
and necessity is greater and stronger than that required under this section to show proposed operation "is not inconsistent
with public interest." Primary element in determination of "the public interest" is maintenance of adequate transportation
system designed to meet needs of public. Id., 683. Burden is on applicant to show facilities of existing carriers not adequate or
not rendering type of service which satisfies needs of public and that proposed service would tend to correct or substantially
improve condition. Id. Commission cannot impose on applicant burden of proving its services would supplement and not
supplant those of existing common carriers. Id., 688. Cited. 149 C. 481.