MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Transportation

By: Representative Busby

House Bill 579

AN ACT TO UPDATE AND STREAMLINE MOTOR CARRIER REGULATION; TO AMEND SECTION 77-7-45, MISSISSIPPI CODE OF 1972, TO MAKE DISCRETIONARY WITH THE MISSISSIPPI TRANSPORTATION COMMISSION THE HOLDING OF A PUBLIC HEARING ON THE APPLICATION FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY; TO AMEND SECTION 77-7-51, MISSISSIPPI CODE OF 1972, TO MAKE DISCRETIONARY WITH THE TRANSPORTATION COMMISSION THE HOLDING OF A HEARING ON THE APPLICATION FOR A PERMIT; TO AMEND SECTION 77-7-151, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CARRIERS OF HOUSEHOLD GOODS, BOTH COMMON CARRIERS AND CONTRACT CARRIERS, SHALL BE STRICTLY LIABLE FOR THE LOSS OR DAMAGE TO THE HOUSEHOLD GOODS CARRIED; TO AMEND SECTION 77-7-223, MISSISSIPPI CODE OF 1972, TO REMOVE REFERENCES TO CODE SECTIONS REPEALED BY THIS ACT; TO REPEAL SECTION 77-7-211, MISSISSIPPI CODE OF 1972, WHICH PROHIBITS COMMON CARRIERS OF PASSENGERS FROM TRANSPORTING PASSENGERS UNLESS THE CARRIERS HAVE FILED WITH THE COMMISSION TARIFFS SHOWING THEIR RATES, AND UNLESS THOSE RATES HAVE BEEN PUBLISHED; TO REPEAL SECTION 77-7-213, MISSISSIPPI CODE OF 1972, WHICH PROHIBITS COMMON CARRIERS BY MOTOR VEHICLE FROM CHARGING OR RECEIVING COMPENSATION FOR TRANSPORTATION OR RELATED SERVICES THAT DIFFERS FROM THE RATES SPECIFIED IN THEIR TARIFFS; TO REPEAL SECTION 77-7-215, MISSISSIPPI CODE OF 1972, WHICH PROHIBITS A CHANGE IN RATES OR CLASSIFICATIONS, OR IN ANY RELATED REGULATIONS OR PRACTICES, SPECIFIED IN ANY ELECTIVE TARIFF OF A COMMON CARRIER BY MOTOR VEHICLE, UNLESS 30 DAYS' NOTICE OF THE PROPOSED CHANGE HAS BEEN FILED AND POSTED; TO REPEAL SECTION 77-7-217, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THE COMMISSION TO INVESTIGATE AND HOLD HEARINGS ON THE REASONABLENESS OF COMMON CARRIER RATES AND CLASSIFICATIONS, AND TO DETERMINE LAWFUL RATES AND CLASSIFICATIONS; TO REPEAL SECTION 77-7-219, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THE COMMISSION TO HOLD HEARINGS ON THE LAWFULNESS OF COMMON CARRIER RATES, REGULATIONS AND PRACTICES CONNECTED WITH A SCHEDULE CONTAINING NEW RATES OR CLASSIFICATIONS, AND TO SUSPEND THE SCHEDULE AND DEFER THE USE OF THE RATES, REGULATIONS OR PRACTICES FOR NO MORE THAN 180 DAYS; TO REPEAL SECTION 77-7-221, MISSISSIPPI CODE OF 1972, WHICH LISTS FACTORS TO BE CONSIDERED AND EXCLUDED BY THE COMMISSION IN DETERMINING JUST AND REASONABLE RATES FOR THE TRANSPORTATION OF PASSENGERS BY COMMON CARRIERS BY MOTOR VEHICLE; TO REPEAL SECTION 77-7-241, MISSISSIPPI CODE OF 1972, WHICH PROHIBITS CONTRACT CARRIERS BY MOTOR VEHICLE FROM TRANSPORTING PASSENGERS IN INTRASTATE COMMERCE UNLESS THE CARRIERS HAVE FILED WITH THE COMMISSION THEIR MINIMUM TRANSPORTATION CHARGES, AND UNLESS THOSE CHARGES HAVE BEEN PUBLISHED, AND WHICH FURTHER PROHIBITS REDUCTIONS IN CHARGES WITHOUT NOTICE; TO REPEAL SECTION 77-7-243, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THE COMMISSION TO INVESTIGATE AND HOLD HEARINGS ON THE REASONABLENESS OF CONTRACT CARRIER CHARGES, REGULATIONS AND PRACTICES FOR THE TRANSPORTATION OF PASSENGERS IN INTRASTATE COMMERCE, AND TO DETERMINE MINIMUM RATES AND DESIRABLE REGULATIONS AND PRACTICES UPON CONSIDERATION OF CERTAIN FACTORS AND EXCLUSION OF OTHER FACTORS; TO REPEAL SECTION 77-7-245, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THE COMMISSION TO HOLD HEARINGS ON THE LAWFULNESS OF CONTRACT CARRIER CHARGES, REGULATIONS AND PRACTICES CONNECTED WITH A SCHEDULE OR CONTRACT CONTAINING REDUCED CHARGES, AND TO SUSPEND THE SCHEDULE OR CONTRACT AND DEFER THE USE OF THE CHARGES, REGULATIONS OR PRACTICES FOR NO MORE THAN 180 DAYS; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 77-7-45, Mississippi Code of 1972, is amended as follows:

     77-7-45.  (1)  Upon the filing of an application for a certificate of public convenience and necessity the commission * * * shall may, in its discretion, notify the applicant and other parties known to have a substantial interest in the application of the time and place for a public hearing, not less than twenty (20) days prior thereto, and shall * * *hear and determine the application within a reasonable length of time.  In determining whether the certificate shall be granted, the commission shall, among other things, give due consideration to the present transportation facilities over the proposed route of the applicant, the volume of traffic over the route, the financial condition of the applicant, and the condition of the highway over the proposed route, or routes.

     (2)  If the commission shall find the proposed operation justified, and that the applicant is fit, willing and able to perform properly the services proposed and to conform to the provisions of this chapter and the requirements, rules and regulations of the commission, it shall issue a certificate to the applicant, subject to terms, limitations and restrictions as the commission may deem proper, authorizing in whole or in part the operations covered by the application.  If the commission shall find the proposed operation not justified, the application shall be denied.

     If the commission denies the written application, it shall notify the applicant by certified mail of the denial.  That notice shall further inform the applicant of the date, time and place of a hearing, to be held not less than twenty (20) days subsequent to the date of the notice, at which the applicant shall be entitled to appear and present to the commission reasons for the commission to reconsider the denial.  The commission shall render a final decision to grant or deny the application within ten (10) days following such hearing.

     (3)  Notwithstanding any provision of this section to the contrary, the certificate as applied for may be granted without a hearing * * * in uncontested cases; however, the commission may hear any * * * uncontested case if it determines that the public interest will be served thereby.

     SECTION 2.  Section 77-7-51, Mississippi Code of 1972, is amended as follows:

     77-7-51.  (1)  Applications for permits shall be made to the commission in writing, shall be verified under oath, shall be in the form and contain the information as the commission may by regulation require.  A permit shall be issued to any qualified applicant therefor authorizing in whole or in part, the operations covered by the application, if it appears from the applications or from any hearing held thereon, that the applicant is fit, willing, and able to perform properly the service of a contract carrier by motor vehicle, and to conform to the provisions of this chapter and the lawful requirements, rules and regulations of the commission thereunder, and that the proposed operation, to the extent authorized by the permit, will be consistent with the public interest and the policy declared in Section 77-7-3; otherwise, the application shall be denied.

     (2)  The commission shall specify in the permit the business of the contract carrier covered thereby, and the scope thereof, and shall attach to it, at the time of issuance, and from time to time thereafter, reasonable terms, conditions and limitations consistent with the character of the holder as a contract carrier that are necessary to carry out, with respect to the operations of the carrier, the requirements established by the commission under authority of this chapter.  However, no terms, conditions or limitations shall restrict the right of the carrier to substitute or add contracts within the scope of the permit, or to add to his, or her or its equipment or facilities, within the scope of permit, as the development of the business and the demands of the public may require.

     (3)  Notwithstanding any provision of this section to the contrary, the * * * certificate permit as applied for may be granted without a hearing * * * in uncontested cases; however, the commission may hear any * * * uncontested case if it determines that the public interest will be served thereby.

     SECTION 3.  Section 77-7-151, Mississippi Code of 1972, is amended as follows:

     77-7-151.  It shall be the duty of every * * * common carrier of household goods by motor vehicle to provide safe and adequate service, equipment and facilities for the transportation of household goods.  Carriers of household goods, both common carriers and contract carriers, shall be strictly liable for the loss or damage to household goods carried.

     SECTION 4.  Section 77-7-223, Mississippi Code of 1972, is amended as follows:

      77-7-223.  Nothing in * * * Sections Section 77-7-151, 77-7-153 * * *, or 77-7-187 * * *, 77‑7‑217 to 77‑7‑221, shall be held to extinguish any remedy or right of action not inconsistent therewith.

     SECTION 5.  Section 77-7-211, Mississippi Code of 1972, which prohibits common carriers of passengers from transporting passengers unless the carriers have filed with the commission tariffs showing their rates, and unless those rates have been published, is repealed.

     SECTION 6.  Section 77-7-213, Mississippi Code of 1972, which prohibits common carriers by motor vehicle from charging or receiving compensation for transportation or related services that differs from the rates specified in their tariffs, is repealed.

     SECTION 7.  Section 77-7-215, Mississippi Code of 1972, which prohibits a change in rates or classifications, or in any related regulations or practices, specified in any elective tariff of a common carrier by motor vehicle, unless thirty (30) days' notice of the proposed change has been filed and posted, is repealed.

     SECTION 8.  Section 77-7-217, Mississippi Code of 1972, which authorizes the commission to investigate and hold hearings on the reasonableness of common carrier rates and classifications, and to determine lawful rates and classifications, is repealed.

     SECTION 9.  Section 77-7-219, Mississippi Code of 1972, which authorizes the commission to hold hearings on the lawfulness of common carrier rates, regulations and practices connected with a schedule containing new rates or classifications, and to suspend the schedule and defer the use of the rates, regulations or practices for no more than one hundred eighty (180) days, is repealed.

     SECTION 10.  Section 77-7-221, Mississippi Code of 1972, which lists factors to be considered and excluded by the commission in determining just and reasonable rates for the transportation of passengers by common carriers by motor vehicle, is repealed.

     SECTION 11.  Section 77-7-241, Mississippi Code of 1972, which prohibits contract carriers by motor vehicle from transporting passengers in intrastate commerce unless the carriers have filed with the commission their minimum transportation charges, and unless those charges have been published, and which further prohibits reductions in charges without notice, is repealed.

     SECTION 12.  Section 77-7-243, Mississippi Code of 1972, which authorizes the commission to investigate and hold hearings on the reasonableness of contract carrier charges, regulations and practices for the transportation of passengers in intrastate commerce, and to determine minimum rates and desirable regulations and practices upon consideration of certain factors and exclusion of other factors, is repealed.

     SECTION 13.  Section 77-7-245, Mississippi Code of 1972, which authorizes the commission to hold hearings on the lawfulness of contract carrier charges, regulations and practices connected with a schedule or contract containing reduced charges, and to suspend the schedule or contract and defer the use of the charges, regulations or practices for no more than one hundred eighty (180) days, is repealed.

     SECTION 14.  This act shall take effect and be in force from and after July 1, 2021.