2006 Ohio Revised Code - 4921.10. Issue of certificate; refusal or change of certificate.

§ 4921.10. Issue of certificate; refusal or change of certificate.
 

No motor transportation company shall commence its operation as such in this state without obtaining from the public utilities commission a certificate declaring that public convenience and necessity require such operation. 
 

The commission may, after notice and hearing, when the applicant requests a certificate to serve in a territory already served by a motor transportation company holding a certificate of public convenience and necessity from the commission, grant a certificate only when the existing motor transportation company or companies serving such territory do not provide the service required or the particular kind of equipment necessary to furnish such service to the satisfaction of the commission. In all other cases, with or without hearing, the commission may issue or refuse to issue such certificates as prayed for, issue them for the partial exercise only of the privileges sought, or issue them for the use of certain kinds of equipment and for the handling of certain kinds of material or merchandise over such routes. The commission may attach such conditions to the exercise of the rights granted by such certificates as, in its judgment, the public convenience and necessity require. 
 

Before granting any certificate the commission shall take into consideration other existing transportation facilities in the territory for which a certificate is sought. If it appears from the evidence that the service furnished by existing transportation facilities is reasonably adequate, the commission shall not grant such certificate. 
 

The commission may, for good cause, and upon at least fifteen days' notice to the grantee of any certificate and after granting an opportunity to be heard, revoke, alter, or amend any certificate issued under sections 4921.02 to 4921.32 of the Revised Code. 
 

On a finding of the commission that any motor transportation company does not give convenient and necessary service in accordance with the order of such commission, such motor transportation company shall be given a reasonable time, not less than sixty days, to provide such service before any existing certificate is cancelled. 
 

HISTORY: GC § 614-87; 110 v 211; 111 v 516; 113 v 482; Bureau of Code Revision, 10-1-53; 136 v H 1317. Eff 9-1-76.