75-318. Sale, transfer, lease, or consolidation; application; hearing; approval of commission required.
It shall be lawful, only under the conditions specified in this section, for any regulated motor carrier or person or for two or more regulated motor carriers to:
(1) Consolidate or merge their properties or any part thereof or certificates of public convenience and necessity or permits, or any part thereof, into one ownership, management, or operation of the properties, certificates, or permits theretofore in separate ownership;
(2) Purchase, lease, or contract to operate the properties or any part thereof or the certificates or permits, or any part thereof, of another regulated motor carrier; or
(3) Acquire control of another regulated motor carrier or carriers through purchase of stock.
Whenever a consolidation, merger, purchase, lease, operating contract, or acquisition of control of the properties, certificates, or permits is proposed, the carrier or carriers or person seeking authority therefor shall present an application to the commission, and thereupon the commission shall notify such carriers and other parties known to have an interest of the time and place for a public hearing in accordance with the rules of the commission. If, after such hearing, the commission finds that the transaction proposed will be consistent with the public interest and does not unduly restrict competition and that the applicant is fit, willing, and able to properly perform the proposed service, it may enter an order approving and authorizing such consolidation, merger, purchase, lease, operating contract, or acquisition of control of the properties, or any part thereof, or certificates or permits of the whole, or any part thereof, upon such terms and conditions as it deems just and reasonable. If any of the certificates or permits proposed to be merged, consolidated, transferred, or leased are dormant, the commission may approve an application for consolidation, merger, transfer, or lease only upon proof of and a finding that such merger, consolidation, transfer, or lease is or will be required by the present and future public convenience and necessity, in the same manner as provided in section 75-311. If the proposed merger, consolidation, transfer, or lease of the certificates or permits will permit or result in a new or different service or operation as to territorial scope than that which is or may be rendered or engaged in by the respective parties or, as to passenger motor carriers, will tend to enlarge competition over that then existing, the commission may approve an application for merger, consolidation, transfer, or lease only upon proof of and a finding that the proposed merger, consolidation, transfer, or lease is or will be required by the present and future public convenience and necessity, in the same manner as provided in section 75-311. Any restrictions, qualifications, or conditions applicable to and contained in a particular certificate of public convenience and necessity or a permit at the time of the issuance thereof or thereafter made a part of such certificate or permit, excluding any restrictions, qualifications, or conditions of general application applicable to all regulated motor carriers or a segment thereof as a class and imposed by regulation of the commission, proposed to be merged, consolidated, transferred, or leased shall not be changed, altered, or removed without the proof required in section 75-311 for certificates and permits.
When authority is transferred as provided in this section, the commission shall simultaneously cancel the authority of the transferor which is transferred.
Source
Annotations
The court determined that the certificate of authority held by the appellant could not be transferred to another trucking company because the certificate was dormant. Under the facts of the case, the only traffic conducted under the certificate of authority was made pursuant to leases which violated the rules and regulations of the Nebraska Public Service Commission. Herman Bros., Inc. v. Spector Industries, Inc., 209 Neb. 513, 308 N.W.2d 720 (1981).
Held improper to deny request for transfer of active authority merely because the transfer may enlarge competition. Spector Freight System, Inc. v. Herman Bros., Inc., 197 Neb. 835, 251 N.W.2d 376 (1977).
Where commission approval of a transfer of authority hereunder and an issue of dormancy is properly raised, the Nebraska Public Service Commission must determine both the fact of dormancy and on the basis of the evidence whether the public convenience and necessity require the transfer. Dahlsten v. Harris, 191 Neb. 714, 217 N.W.2d 813 (1974).
Transfer of operating rights may be permitted without restrictions if after notice and hearing Railway Commission finds requirements herein have been met. Andrews Van Lines, Inc. v. Smith, 187 Neb. 533, 192 N.W.2d 406 (1971).
The reference in this section to an enlargement of competition over that then existing means a substantial or material increase in competition. Hunt Transportation, Inc. v. Yellow Cab, Inc., 186 Neb. 518, 184 N.W.2d 651 (1971).
Evidence established that certificate to be transferred was dormant. Ace Gas, Inc. v. Peake, Inc., 184 Neb. 448, 168 N.W.2d 373 (1969).