Oklahoma § 17-180.5 - File of applications for motor carrier operating

§ 17-180.5. File of applications for motor carrier operating

authority - Carriers of commodities - Certificates or permits Rate-making procedure - Divisions combined.

A. The Oklahoma Corporation Commission shall maintain a

separate file, listing by commodity group all applications for motor

carrier operating authority or transfer thereof, for which proof of

public convenience and necessity is required. The list shall name

the applicant and the protestant(s), if any, and shall indicate the

disposition of each application. Said file shall be maintained on

an annual basis and shall be open to public inspection.

B. It shall not be necessary for any motor carrier in

intrastate commerce of sand, gravel, rock, crushed stone, asphaltic

mix or other similar road building materials when transported in

three-axle or less open-top dump trucks, or an intrastate motor

carrier of livestock or unprocessed agricultural commodities, to

prove public convenience and necessity for the transportation of

said commodities, or to give any notice in order to obtain a

certificate or permit. The Commission shall issue such certificates

or permits to carriers of said commodities in an intrastate commerce

without public hearing.

C. In order to insure nondiscriminatory rates for all shippers,

the Commission shall establish a collective rate-making procedure

for all commodities for which it has heretofore prescribed rates.

Said procedure shall assure that respective revenues and costs of

carriers engaged in the transportation of the particular commodities

for which rates are prescribed are ascertained. Failure on the part

of any carrier to comply with this paragraph or the rules and

regulations thereof may result in suspension or cancellation of said

carrier's operating authority by the Commission.

D. The Corporation Commission is hereby authorized to combine

the Common Carrier Rate Division and the Motor Carrier Division. All

duties, functions, authority and contractual obligations that relate

to these Divisions are hereby transferred to and vested in the

combined Division.

Laws 1979, c. 253, § 16, emerg. eff. June 5, 1979.