TITLE 39
Public Utilities and Carriers

CHAPTER 39-12
Motor Carriers of Property

SECTION 39-12-2


§ 39-12-2 Definitions.

(a) "Administrator", as used in this chapter, means the public utilities administrator.

(b) "Certificate", as used in this chapter, 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.

(c) "Common carrier", as used in this chapter, means any person who or which 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.

(d) "Contract carrier", as used in this chapter, means any person who or which 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.

(e) "Drive away-tow away operations", as used in this chapter, 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.

(f) "Driver", as used in this chapter, means any person operating a motor vehicle used for the transportation of property, which he or she owns or is operating with the express or implied consent of its owner.

(g) "Interstate carrier", as used in this chapter, means any person who or which 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.

(h) "Interstate commerce", as used in this chapter, means commerce between any place in this state and any place in another state or between places in this state through another state.

(i) "Interstate permit", as used in this chapter, 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.

(j) "Intrastate commerce", as used in this chapter, 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.

(k) "Irregular route", as used in this chapter, 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.

(l) "Motor carrier", as used in this chapter, means a common carrier by motor vehicle, a contract carrier by motor vehicle, or an interstate carrier by motor vehicle.

(m) "Motor vehicle", as used in this chapter, 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.

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

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

(p) "Person", as used in this chapter, 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.

(q) "Private carrier", as used in this chapter, means any person, other than a common carrier or a contract carrier or an interstate carrier who or which 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.

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

(s) "Regular route", as used in this chapter, 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.)