NORTH CAROLINA GENERAL ASSEMBLY
1967 SESSION

CHAPTER 1094
HOUSE BILL 1173

AN ACT TO LIMIT THE NUMBER OF CONTRACT SHIPPERS WHICH MAY BE SERVED BY A FRANCHISED CONTRACT CARRIER UNDER THE PUBLIC UTILITIES ACT.

The General Assembly of North Carolina do enact:

Section 1.  G.S. 62-3(8) is hereby amended by rewriting said subsection to read as follows:
"G.S. 62-3(8)  'Contract carrier by motor vehicle' means any person which, under an individual contract or agreement with another person and with such additional persons as may be approved by the Utilities Commission, engages in the transportation other than the transportation referred to in Paragraph (7) of this Section, by motor vehicle of persons or property in intrastate commerce for compensation, except as exempted in G.S. 62-260."
Sec. 2.  G.S. 62-3(9) is hereby rewritten to read as follows:
"G.S. 62-3(9)  'Contract carrier' means any person which under an individual contract or agreement with another person and with such additional persons as may be approved by the Utilities Commission, engages in the transportation of persons or property for compensation, except as exempted in G.S. 62-260."
Sec. 3.  G.S. 62-114 is hereby amended by striking out the proviso at the end thereof reading as follows:
", provided, that no terms, conditions, or limitations shall restrict the right of the carrier to substitute or add contracts within the scope of the permit as the development of the business and the demands of the public may require" and by inserting in lieu thereof the following:
"provided, that the permit shall list the name of all contract parties the carrier is authorized to serve, and no additions or substitutions of contracts shall be made without approval of the Commission, and the Commission may adopt rules and regulations limiting the number of contract parties served by a contract carrier so that contract carriers shall not hold themselves out to serve in the manner of common carriers".
Sec. 4.  All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 5.  This Act shall be in full force and effect from and after September 30, 1967.
In the General Assembly read three times and ratified, this the 3rd day of July, 1967.