NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 447

SENATE BILL 655

 

 

AN ACT TO AMEND G.S. 62-300 and G.S. 62-266 TO INCREASE CERTAIN STATUTORY FEES AND CHARGES FOR FILING PROCEEDINGS AND RE-REGISTRATION OF MOTOR CARRIER EQUIPMENT WITH THE UTILITIES COMMISSION.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 62-300 is hereby amended by rewriting subsection (a) of said section to read as follows:

"(a)       The commission shall receive and collect the following fees and charges in accordance with the classification of utilities as provided in rules and regulations of the commission, and no others:

(1)        Twenty-five dollars ($25.00) with each notice of appeal to the Court of Appeals, and with each notice of application for a writ of certiorari.

(2)        With each application for a new certificate or new permit for motor and rail carrier rights, the fee shall be two hundred fifty dollars ($250.00) when filed by Class 1 motor and rail carriers, one hundred dollars ($100.00) when filed by Class 2 motor and rail carriers, and twenty-five dollars ($25.00) when filed by Class 3 motor and rail carriers, and twenty-five dollars ($25.00) as filing fee for any amendment thereto so as to extend or enlarge the scope of operations thereunder, and twenty-five dollars ($25.00) for each broker who applies for a brokerage license under the provisions of this Chapter.

(3)        With each application for a general increase in rates, fares and charges and for each filing of a tariff which seeks general increases in rates, fares and charges, the fee will be five hundred dollars ($500.00) for Class A utilities and Class 1 motor and rail carriers, two hundred fifty dollars ($250.00) for Class. B. utilities and Class 2 motor and rail carriers, one hundred dollars ($100.00) for Class C utilities and twenty-five dollars ($25.00) for Class D utilities and Class 3 motor and rail carriers; provided that in the case of an application or tariff for a general increase in rates filed by a tariff agent for more than one carrier, the applicable fee shall be the highest fee prescribed for any motor carrier included in the application or tariff. This fee shall not apply to applications for adjustments in particular rates, fares, or charges for the purpose of eliminating inequities, preferences or discriminations or to applications to adjust rates and charges based solely on the increased cost of fuel used in the generation or production of electric power.

(4)        One hundred dollars ($100.00) with each application for discontinuance of train service, or for a change in or discontinuance of station facilities and with each application by a motor carrier of passengers for the abandonment or permanent or temporary discontinuance of transportation service previously authorized in a certificate.

(5)        With each application for a certificate of public convenience and necessity or for any amendment thereto so as to extend or enlarge the scope of operations thereunder, the fee shall be two hundred fifty dollars ($250.00) for Class A utilities, one hundred dollars ($100.00) for Class. B. utilities, and twenty‑five dollars ($25.00) for Class C and D utilities.

(6)        With each application for approval of the issuance of securities or for the approval of any sale, lease, hypothecation, lien, or other transfer of any property or operating rights of any carrier or public utility over which the commission has jurisdiction, the fee shall be two hundred fifty dollars ($250.00) for Class A utilities and Class 1 motor and rail carriers, one hundred dollars ($100.00) for Class. B. utilities and Class 2 motor and rail carriers, and twenty-five dollars ($25.00) for Class C and D utilities and Class 3 motor and rail carriers; provided, that in the case of sales, leases and transfers between two or more carriers or utilities, the applicable fee shall be the highest fee prescribed for any party to the transaction.

(7)        Ten dollars ($10.00) with each application, petition, or complaint not embraced in (2) through (6) of this section, wherein such application, petition, or complaint seeks affirmative relief against a carrier or public utility over which the commission has jurisdiction. This fee shall not apply to applications for adjustments in particular rates, fares or charges for the purpose of eliminating inequities, preferences or discriminations; nor shall this fee apply to applications, petitions, or complaints made by any county, city or town; nor shall this fee apply to applications or petitions made by individuals seeking service from a public utility.

(8)        One dollar ($1.00) for the registration with the commission of each motor vehicle to be put in operation by a motor carrier operating under the jurisdiction of the commission, and a fee of one dollar ($1.00) for the annual re- registration of each such motor vehicle.

(9)        Thirty cents (30ȼ) for each page (8 1/2 x 11 inches) of transcript of testimony, but not less than five dollars ($5.00) for any such transcript.

(10)      Twenty cents (20ȼ) for each page reproduced by photostatic or similar process and for each page of an order which can be made available without the necessity of copying or reproduction.

(11)      Twenty-five dollars ($25.00) for the filing with the commission of the interstate motor carrier operating authority or registration of interstate exempt operation of every motor carrier operating into, from within, or through North Carolina and filed with the commission under the provisions of G.S. 62-266 and five dollars ($5.00) for filing all subsequent amendments thereto to maintain said filing in a current status.

(12)      One dollar ($1.00) for the registration with the commission of each motor vehicle operated into, from, within, or through North Carolina by interstate carriers and registered with the commission under the provisions of G.S. 62‑266, and a fee of one dollar ($1.00) for the annual re-registration of each such motor vehicle."

Sec. 2.  G.S. 62-266 is amended by rewriting subsection (c) thereof through the figures "62-300(13)" in line 7 to read as follows:

"(c)       Any person operating a for-hire motor vehicle in interstate commerce over the highways of this State without having properly registered with the Utilities Commission, its respective exempt operation, or a copy of its interstate authority and each vehicle operated in this State shall be subject to a penalty of twenty-five dollars ($25.00), which shall be added to the registration fees provided in G.S. 62-300."

Sec. 3.  This act shall be in full force and effect upon ratification.

In the General Assembly read three times and ratified, this the 2nd day of June, 1975.