§164. Common carrier's certificate; contract carrier's permit

A. No motor carrier of waste shall operate without first having obtained from the commission a common carrier certificate or contract carrier permit, which shall be issued only after a written application made and filed, a public hearing, due notice given, and a finding by the commission that the applicant is fit to receive a certificate.

B. An applicant applying for a common carrier certificate, contract carrier permit, or expansion of authority granted in an existing certificate or permit authorizing the transportation of waste, as defined in R.S. 45:162, shall prove fitness in a hearing before an administrative law judge or hearing officer by proving all of the following:

(1) The applicant holds, or is capable of acquiring, an insurance policy that complies with commission rules.

(2) The applicant has the financial ability to provide the transportation of waste for disposal in a safe and efficient manner.

(3) The applicant holds, or is capable of acquiring, all the necessary authorizations required by any and all regulatory authorities for the transportation of waste for disposal.

(4) The applicant holds, or is capable or acquiring for use, equipment and man power to provide transportation services in a safe and efficient manner.

(5) The applicant has in place, or is capable of establishing, a safety program necessary for the safe and efficient transportation of waste for disposal.

C. Wrecker and towing services, passenger carrying vehicles, household goods movers, and motor carriers of salt water utilized in oil well exploration and production shall not be required to comply with Subsection B of this Section when applying for a common carrier certificate or contract carrier permit.

D. Nothing in this Section shall be construed to affect any ordinance, enacted by a local governing authority and in effect on August 15, 1999, which requires any passenger carrying vehicle to prove public convenience and necessity as a requirement to operate within such parish or municipality.

E.(1) All intrastate movers of household goods shall be required to apply for and secure a common carrier certificate from the Louisiana Public Service Commission, shall secure and maintain the insurance policies required by the Louisiana Public Service Commission for movers of household goods, shall comply with all other requirements of the Louisiana Public Service Commission, shall carry motor truck cargo carriers insurance of at least fifty thousand dollars per truck and one hundred thousand dollars per catastrophe, shall secure and maintain workers' compensation insurance, and shall file a surety bond by a qualified surety company with the Louisiana Public Service Commission in the amount of five thousand dollars, prior to engaging in any activities related to moving household goods.

(2)(a) Any carrier whether domiciled in or outside of Louisiana, who is providing the intrastate transportation of household goods in Louisiana shall maintain a permanent establishment in Louisiana. A permanent establishment shall mean a fixed place of business through which the business of the carrier is wholly or partly carried on. The place of business shall be a particular building or physical location used by the carrier for the conduct of its business, and it shall be foreseeable that the carrier's use of this building or other physical location shall be more than temporary. The physical location or place of business shall be open for business and shall be staffed during regular business hours by one or more persons employed by the carrier on a permanent basis for the purpose of general management of the household goods moving business. The permanent establishment may include a place of management, a branch, an office, or a terminal. The permanent establishment may be operated by either an employee of the carrier or an agent of the carrier provided that the agent has and habitually exercises the authority to conclude transportation contracts in the name of the carrier.

(b) Any carrier domiciled outside of Louisiana and providing the intrastate transportation of household goods in Louisiana shall register the name, address, and telephone number of its Louisiana permanent establishment, with the secretary of state and the Louisiana Public Service Commission. Service of process with respect to all civil, criminal, or administrative proceedings brought before any court or administrative agency located in the state may be served on the carrier at its permanent establishment, by any means provided by the applicable rules or procedure for that court or agency providing service of process.

(c) Should the carrier cease to maintain a permanent establishment in the state, its right to conduct business in the state shall be immediately suspended or cancelled at the discretion of the commission. No cancellation shall be ordered by the commission without notice and hearing before an administrative law judge.

(3) The provisions of this Subsection shall apply only when the contract for moving household goods exceeds four hundred dollars.

F. No certificate to operate as a motor carrier of passengers shall be issued to an applicant which uses or will use any vehicle with a reconstructed title as provided in R.S. 32:707 or an equivalent title issued pursuant to the laws of another state in the operation of such business.

Acts 1999, No. 1107, §1; Acts 2003, No. 1219, §2, eff. July 1, 2003; Acts 2003, No. 1262, §2, eff. July 7, 2003; Acts 2008, No. 724, §2, eff. July 6, 2008; Acts 2012, No. 566, §2, eff. Oct. 15, 2012; Acts 2012, No. 804, §1; Acts 2017, No. 278, §2, eff. June 15, 2017; Acts 2017, No. 412, §1, eff. Jan. 1, 2018.