1. It is unlawful for a motor carrier of property to transport property for compensation over a regular route or between fixed termini from any point or place in the state to another place in the state irrespective of the route or highways traversed, including the crossing of any state line of the state, and irrespective of the ticket or bill of lading issued and used for the transportation, without first having obtained from the department a certificate declaring that public convenience and necessity require the operation.
2. Except as provided in subsection 3, it is unlawful for a charter carrier to transport passengers by motor buses for compensation from any point or place in the state to another place in the state irrespective of the route or highway traversed, without first having obtained from the department a certificate declaring that public convenience and necessity require the operation.
3. It is unlawful for a regular route motor carrier of passengers to transport passengers for compensation upon the highways of this state in intrastate commerce without first having obtained from the department a regular route passenger certificate. The department shall issue a regular route passenger certificate without hearing, if the department finds that the applicant is fit, willing and able.
In determining whether a regular route motor carrier of passengers is fit, willing and able, the department shall only consider the applicant's safety record, and the applicant's ability to comply with section 325.26.
A regular route passenger certificate authorizing the transportation of passengers includes the authority to transport newspapers, baggage of passengers, express packages or mail in the same motor vehicle with passengers.
A regular route motor carrier of passengers holding a regular route passenger certificate may at any time commence scheduled service over any regular route from any point or place in the state to another place in the state irrespective of the route or highway traversed and may at any time discontinue any part of its regular route service.
A regular route motor carrier of passengers granted a certificate prior to July 1, 1986, which authorized motor carrier of passenger operations may continue to provide motor carrier of passenger service with all the rights and privileges granted by a regular route passenger certificate issued under this section.
A regular route motor carrier of passengers shall not operate as a charter carrier in this state unless it possesses a certificate of convenience and necessity to engage in the business of a charter carrier. However, a regular route motor carrier of passengers granted a certificate prior to July 1, 1986, which authorized charter opera- tions may continue to provide charter service with all the rights and privileges granted by a charter certificate.
An Iowa urban transit system as defined in section 452A.57, subsection 6, may operate within the metropolitan area which it serves and between its service area and another city which is located not more than ten miles from its service area without obtaining a regular route passenger certificate if the other city is not served by another carrier operating under a regular route passenger certificate.
4. The department may allow the provision of temporary service by a motor carrier of property for which there is an immediate and urgent need to a point or points requested by the application for a permanent certificate of public convenience and necessity upon investigation and a finding that the point or points do not have carrier service capable of meeting the need. The grant of temporary authority shall not become effective until the applicant has complied with sections 325.26, 325.28 and 325.35 and the rules of the department. Unless the temporary authority is suspended or revoked for good cause, it shall be valid for the time specified by the department but not more than an aggregate of one hundred eighty days.
The grant of temporary authority creates no presumption that the corresponding application for a permanent certificate will be granted.
5. A motor carrier providing primarily passenger service for elderly, handicapped and other transportation disadvantaged persons is exempt from the certification requirements of this section if it satisfies each of the fol- lowing requirements:
a. The motor carrier is not a corporation organized for profit under the laws of Iowa or any other state or the motor carrier is a governmental organization.
b. The motor carrier received operating funds from federal, state or local government sources.
c. The motor carrier does not duplicate a transportation service provided by a motor carrier issued a regular route passenger certificate.
6. A person operating a motor vehicle in a car pool or van pool is exempt from this chapter.
7. Except for a person operating a car pool or van pool, each motor carrier exempt from requirement for a certificate under this section shall obtain a nontransferable permit from the department. Such carriers shall comply with all safety, insurance and other rules of the department pertaining to a publicly funded transit system.
[C24, § 5097; C27, 31, 35, § 5105-a6; C39, § 5100.06; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 325.6; 81 Acts, ch 22, § 22, ch 108, § 5]
84 Acts, ch 1253, § 9; 86 Acts, ch 1161, § 7
Iowa General Assembly
Search: Iowa Code 1995
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