Colorado § 40-10.1-204 - Temporary authority.

§ 40-10.1-204. Temporary authority.

(1) To enable the provision of common carrier or contract carrier service for which there appears to be an immediate and urgent need to any point or within a territory having no such service capable of meeting the need, the commission may, in its discretion and without hearings or other proceedings, grant temporary authority for such service by a common carrier or a contract carrier, as the case may be. Such temporary authority, unless suspended or revoked for good cause, is valid for such time as the commission specifies, but for not more than an aggregate of one hundred eighty days, unless for good cause shown the commission extends the temporary authority for a period which may extend until a final administrative decision is rendered. A grant of temporary authority or an extension thereof creates no presumption that corresponding permanent authority will be granted thereafter.

(2) Pending the determination of an application filed with the commission for approval of an acquisition of stock of a common carrier or contract carrier, a consolidation or merger of two or more such carriers, or a purchase, lease, or contract to operate the properties of one or more such carriers, the commission may, in its discretion and without hearings or other proceedings, grant temporary approval for a period not exceeding one hundred eighty days for the operation of the carrier or its properties sought to be acquired by the person proposing in such pending application to acquire the properties or stock, if it appears that failure to grant such temporary approval may result in destruction of or injury to the carrier or its properties sought to be acquired, or may interfere substantially with their future usefulness in the performance of adequate and continuous service to the public. For good cause shown, the commission may extend such temporary approval for a period which may extend until a final administrative decision is rendered. Temporary approval or an extension thereof does not create a presumption that the application will be granted.

(3) Common carrier or contract carrier service rendered under temporary authority or approval is subject to all applicable provisions of this title and to the rules and requirements of the commission. The maximum time period of any temporary authority or approval is not subject to extension or renewal.

(4) The commission shall not issue a temporary authority or approval unless, under such general rules as the commission may prescribe governing the application and notice thereof to interested or affected common carriers, all interested or affected carriers have been given at least five days' notice of the filing of the application and an opportunity to protest the granting thereof. If the commission determines that an emergency exists, it may issue temporary authority or approval at once by making specific reference in its order to the circumstances constituting the emergency, in which case no notice need be given, but any such emergency authority or approval expires no later than thirty days after it was issued.

Source: L. 2011: Entire article added, (HB 11-1198), ch. 127, p. 407, § 1, effective August 10.

ANNOTATION

Annotator's note. Since § 40-10.1-204 is similar to § 40-6-120 as it existed prior to the 2011 reorganization of the motor carrier statutes, relevant cases construing that section have been included in the annotations to this section.

Codification of existing practice. Rather than creating a new power in the public utilities commission (PUC) to issue temporary authority, this section merely codified and set guidelines with respect to an existing practice which has been in effect for many years. Aspen Airways, Inc. v. Rocky Mt. Airways, Inc., 196 Colo. 285, 584 P.2d 629 (1978).

The timely filing of a request for extension of temporary authority gives the PUC jurisdiction to act on the request after the original time period for temporary authority has expired so long as the PUC acts within a reasonable time frame. Gambler's Express v. Pub. Utils. Comm'n, 868 P.2d 405 (Colo. 1994).

In ruling upon a motion for extension of a temporary authority, it was not necessary to make new findings demonstrating "an immediate and urgent need for service" and demonstrating that "no other carrier service is capable of meeting that need" since section merely requires a showing of good cause for extending temporary authority. Gambler's Express v. Pub. Utils. Comm'n, 868 P.2d 405 (Colo. 1994).

Statute does not mandate that a motion to extend temporary authority be filed within twenty days prior to the expiration of temporary authority. Gambler's Express v. Pub. Utils. Comm'n, 868 P.2d 405 (Colo. 1994).

Applied in Wilson v. United States Fid. & Guar. Co., 633 P.2d 493 (Colo. App. 1981).