Section 477.5a - Protesting application to provide transportation; requirements; petition to intervene; powers of motor carrier filing protest or intervenor.
THE MOTOR CARRIER ACT (EXCERPT)
Act 254 of 1933
477.5a Protesting application to provide transportation; requirements; petition to intervene; powers of motor carrier filing protest or intervenor.
Sec. 5a.
(1) A motor carrier may not protest an application to provide transportation under this section unless all of the following requirements are met:
(a) The protest is filed with the commission not later than 20 days following publication of the notice of the filing of the application in the biweekly bulletin.
(b) The motor carrier possesses a permit or certificate of authority authorizing it to handle, in whole or in part, the traffic for which an application is made.
(c) The motor carrier is willing and able to provide service that meets the reasonable needs of the shippers involved.
(d) The motor carrier has performed service within the scope of the application during the previous 12-month period.
(2) The commission may grant leave to intervene to a person other than a motor carrier or an applicant for a certificate of authority upon a showing of other interests that are consistent with the transportation policy set forth in section 2 of article I. A petition to intervene will not be granted unless filed with the commission not later than 20 days following publication of the notice of the filing of the application in the biweekly bulletin except for good cause shown.
(3) Any motor carrier having timely filed a protest or any intervenor having timely filed a petition to intervene may participate in person or by counsel, cross-examine witnesses, and offer testimony in support of, or in opposition to, the grant of the permit.
History: Add. 1982, Act 399, Imd. Eff. Dec. 28, 1982 ;-- Am. 1993, Act 352, Imd. Eff. Jan. 13, 1994