TITLE 39
Public Utilities and Carriers

CHAPTER 39-12
Motor Carriers of Property

SECTION 39-12-2


§ 39-12-2. Definitions.

As used in this chapter:

(1) "Administrator" means the public utilities administrator.

(2) "Certificate" means a certificate of public convenience and necessity issued under this chapter or by any corresponding provisions of earlier laws to a common carrier by motor vehicle.

(3) "Common carrier" means any person who or that undertakes, whether directly or by any other arrangements, to transport property, or any class or classes of property, by motor vehicle between points within this state, for the general public for compensation, over the publicly used highways of this state, whether over regular or irregular routes.

(4) "Contract carrier" means any person who or that engages in transportation by motor vehicle of property in intrastate commerce, for compensation (other than transportation referred to in the preceding paragraph), under continuing contracts with one person or an unlimited number of persons for the furnishing of transportation services of a special and individual nature required by the shipper and not generally provided by common carriers.

(5) "Driveaway-towaway operations" means any operation in which any motor vehicle or motor vehicles, new or used, constitute the commodity being transported, when one set or more of wheels of any motor vehicle or motor vehicles are on the highway during the course of transportation, whether or not any motor vehicle furnishes the automotive power.

(6) "Driver" means any person operating a motor vehicle used for the transportation of property, that he or she owns or is operating with the express or implied consent of its owner.

(7) "Interstate carrier" means any person who or that operates motor vehicles for the transportation of property of others for compensation over the publicly used highways of this state in interstate commerce authorized or certified by the Interstate Commerce Commission.

(8) "Interstate commerce" means commerce between any place in this state and any place in another state or between places in this state through another state.

(9) "Interstate permit" means an interstate carrier permit issued by the administrator to an interstate common or contract carrier by motor vehicle operating for compensation over the publicly used highways of this state.

(10) "Intrastate commerce" means any commerce wholly within this state by motor vehicle between points having a point of origin and a point of destination within this state.

(11) "Irregular route" means a route or routes within the territory as set forth in the carrier's certificate, but not over a specified route or routes between fixed termini.

(12) "Motor carrier" means a common carrier by motor vehicle, a contract carrier by motor vehicle, or an interstate carrier by motor vehicle.

(13) "Motor vehicle" means any vehicle, machine, truck, tractor-trailer, or semi-trailer propelled or drawn by any mechanical power and used upon the highways in the transportation of property, but does not include any vehicle or car operated on a rail or rails whether on or off the publicly used highways.

(14) "Natural subdivision" means a group of persons engaged in the motor trucking industry that, by the nature and similarity of the service performed, has operating interests peculiar to the groups and that by reason thereof requires distinct and separate regulations.

(15) "Permit" means a permit issued under this chapter or corresponding provisions of earlier laws to a contract carrier by motor vehicle.

(16) "Person" means any individual, firm, co-partnership, corporation, company, association, or joint stock association, and includes any trustee, receiver, assignee, or personal representative thereof; and, where the context requires shall include "driver," as defined in this section.

(17) "Private carrier" means any person, other than a common carrier or a contract carrier or an interstate carrier who or that transports in intrastate or interstate commerce by motor vehicle, property of which the person is the owner, lessee, or bailee, when the transportation is for the purpose of sale, lease, rent, or bailment, or in the furtherance of any commercial enterprise. The private carrier shall be exempted from the provisions of this chapter.

(18) "Publicly used highways" means all public ways, roads, highways, streets, avenues, alleys, boulevards, parks, squares, and bridges and approaches thereto, within this state.

(19) "Regular route" means a specified route or routes, between fixed termini, as set forth in the carrier's certificate.

History of Section.
(P.L. 1935, ch. 2268, art. 2, §§ 1-8; G.L. 1938, ch. 99, art. 2, §§ 1-8; G.L. 1938, ch. 99, art. 2, §§ 1-10; P.L. 1946, ch. 1805, § 1; G.L. 1956, § 39-12-2; P.L. 1958, ch. 87, § 1; P.L. 1967, ch. 209, § 1; P.L. 1984, ch. 81, § 15.)