Public Utilities and Carriers

Regulatory Powers of Administration

SECTION 39-3-3

§ 39-3-3. Certificate requirement for water carriers.

(a) No common carrier of persons and/or property operating upon water between termini within this state shall hereafter furnish or sell its services unless the common carrier shall first have made application to and obtained a certificate from the division certifying that public convenience and necessity required the services. A filing fee of one hundred dollars ($100) must accompany all filings made pursuant to this section. Certificates issued under this section shall be renewed before the close of business on December 31 of each calendar year. The renewal fee shall be one hundred dollars ($100) and shall be submitted with the renewal form. All revenues received under this section shall be deposited as general revenues; provided, however, that this fee shall not apply to any city or town, to any agency or department of any city or town of the state, or to any nonprofit corporation, in the tourism industry.

(b) A copy of any application filed with either the commission or the division by a water common carrier which includes a New Shoreham terminus shall be provided by the water common carrier to the New Shoreham town clerk by certified mail.

(c) Notwithstanding any provision of §§ 39-5-1 and/or 42-35-15 or any other provision of the general or public laws to the contrary, no agency nor reviewing court, may order an interlocutory stay of any order of the division with respect to an application entered under § 39-3-3.1, and/or certificate under § 39-3-3.1. Nothing herein shall be construed to limit the right of any petitioner, public utility, party in interest or other person or entity aggrieved by an order of the division entered under § 39-3-3.1, from seeking judicial review in accordance with §§ 39-5-1 and/or 42-35-15.

History of Section.
(G.L. 1938, ch. 122, § 55; P.L. 1942, ch. 1249, § 1; P.L. 1951, ch. 2795, § 1; P.L. 1954, ch. 3403, § 1; G.L. 1956, § 39-3-3; P.L. 1992, ch. 133, art. 34, § 4; P.L. 1995, ch. 370, art. 40, § 117; P.L. 2002, ch. 73, § 1; P.L. 2002, ch. 361, § 1; P.L. 2004, ch. 580, § 1.)