Section 1309.10  Proceedings to Convert Contract to Common Authority

 

a)         This Part applies to proceedings to convert a motor contract carrier permit to a motor common carrier certificate, but only when the permit is not restricted to the accounts of named contract shippers.  Proceedings may be initiated:

 

1)         by an application filed by a motor contract permit holder;

 

2)         by a complaint filed by a motor common carrier that would be directly and adversely affected by failure to convert the contract carrier authority to common carrier authority; or

 

3)         by the Commission on its own motion.

 

b)         Public notice of any proceeding to convert must be given and shall be subject to the provisions of 92 Ill. Adm. Code 1202.20.

 

c)         There is no application filing fee for any proceeding initiated under this Part.

 

Section 1309.20  Standards for Conversion of Contract to Common Authority

 

a)         The Commission will convert a contract carrier's permit to a common carrier certificate only to the extent that evidence presented at a hearing demonstrates that the carrier has not been operating as a "contract carrier of property by motor vehicle" as defined by Section 18c-1104(8) of the Illinois Commercial Transportation Law ("the Law") (Ill. Rev. Stat. 1991, ch. 95½, par. 18c-1104(8)), but has been operating as a common carrier of property by motor vehicle as defined by Section 18c-4206 of the Law.

 

b)         If it appears from the evidence that the contract carrier has been operating both as a common and a contract carrier, the Commission will determine whether it would be consistent with the public interest for the carrier to hold both common and contract authority, as required by Section 18c-4206 of the Law.

 

c)         The burden of proving that contract authority should be converted to common authority shall be borne by the party initiating the proceeding.

 

Section 1309.30  Scope of Converted Authority

 

a)         When the Commission determines that a contract carrier's authority should be converted to common authority, the Commission will issue common authority only to the extent the carrier has demonstrated that a public need for the carrier's services exists.

 

b)         Evidence of public need shall consist solely of an abstract of shipments performed by the contract carrier within one year prior to the initiation of the proceedings to convert.  Only those shipments falling within the commodity and geographic scope of the contract authority may be considered in determining whether a public need for the carrier's service exists.

 

c)         In no case shall the commodity or geographic scope of a common authority issued as a result of proceedings to convert be greater than the commodity or geographic scope of the converted contract authority.

 

d)         A contract carrier in a conversion proceeding shall not be deemed to have engaged in illegal operations solely because the carrier was not operating as a "contract carrier of property by motor vehicle" as defined by Section 18c-1104(8) of the Law.