New Hampshire Code of Administrative Rules
Saf - Department of Safety
Subtitle Saf-C - Commissioner, Department of Safety
Chapter Saf-C 4500 - MOTOR CARRIERS OF PASSENGERS
Part Saf-C 4505 - HEARINGS
Section Saf-C 4505.02 - Public Convenience and Necessity
Universal Citation: NH Admin Rules Saf-C 4505.02
Current through Register No. 40, October 3, 2024
(a) In determining public convenience and necessity as required by RSA 376:5, the bureau shall consider equally the following criteria:
(1) Whether there is
actual public need for the service;
(2) Whether the new operation shall serve a
useful purpose responsive to public demand or need;
(3) Whether the existing carriers can
adequately meet the need;
(4)
Whether the existing carriers have had an opportunity to transport all the
traffic they can handle adequately, economically, and efficiently;
and
(5) Whether the entry of the
proposed service shall endanger or impair the operations of existing carriers
contrary to the public convenience.
(b) The applicant shall present evidence of (a)(1) through (5) above, at the hearing.
(c) In determining public interest as required by RSA 376:8, the bureau shall consider equally the following criteria:
(1) The number of shippers
to be served by the applicant;
(2)
The specific nature of the service proposed, including the:
a. Transportation service sought to be
authorized;
b. Points from which
and to which the passengers shall be transported; and
c. Proposed frequency of the use of the
service;
(3) The effect
the granting of the permit would have upon the services of the protesting
carriers, if any;
(4) The effect of
the denial on the applicant and the supporting shippers; and
(5) The changing character of the shippers'
requirements including, but not limited to:
a. Recognition of technological
improvements;
b. Changing
commercial conditions;
c. The
quality of the human environment;
d. Public health, safety, and general welfare
of the community; and
e. Any other
significant trend bearing on the proposed service.
(d) The applicant shall present evidence of (a)(1) through (5) above, at the hearing.
#5853, eff 6-23-94; ss by #7239, eff 6-23-00, EXPIRED: 6-23-08
New. #9378, eff 1-30-09
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