CHAPTER 364

AN ACT TO AMEND CHAPTER 1, TITLE 26, DELAWARE CODE, RELATING TO THE PUBLIC SERVICE COMMISSION AND TO THE REQUIREMENT FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, AND THE ISSUANCE OF SUCH CERTIFICATE ON THE BASIS OF GRANDFATHER RIGHTS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. § 162, Title 26, Delaware Code, is amended by adding at the end of the present Title thereto the following punctuation and language:

"; Grandfather Rights of Motor Carriers of Freight, Property and/or Commodities for Hire"

Section 2. § 162, Title 26, Delaware Code, is further amended by adding the following language after the word "of" and before the word "sections" in the first sentence thereof:

"Sub-section (b) of this section and of"

Section 3. § 162, Title 26, Delaware Code, is further amended by designating the section in its present form, with the amendments set forth in Sections 1 and 2 of this Act, as Sub-section (a) and by placing "(a)" at the beginning of said Sub-section.

Section 4. § 162, Title 26, Delaware Code, is further amended by adding thereto a new paragraph to be known as § 162 (b) as follows:

(b) If any individual, co-partnership, association, corporation, joint stock company, agency or department of the State, cooperative, or the lessee, trustees or receivers thereof (or the predecessor in interest of any such person, party or legal entity), was in bona fide operation within the State of Delaware on July 1, 1961 in the transportation by motor vehicle of property, freight and/or commodities of any kind whatsoever for hire in intra-state commerce between places located within the State of Delaware (or if engaged in furnishing seasonal service only was in bona fide operation on July 1, 1961 ordinarily covered by its operation, but with respect to such person, party or legal entity, there was not in existence any Certificate of Public Convenience and Necessity issued by the Commission authorizing such operations, the Commission shall issue a Certificate of Public Convenience and Necessity authorizing such person, party or legal entity to transport by motor vehicle such property, freight and/or commodities for hire without further proceedings, such Certificate to identify by number and date of issuance the Certificate under which the Applicant is carrying on such operation, if the application for such Certificate of Public Convenience and Necessity is filed with the Commission on a form approved by the Commission within 120 days after the effective date of this Act. Pending the determination of any such application the continuance of such operation without a Certificate of Public Convenience and Necessity shall be lawful. Interruptions of service in such operations under which such person, party or legal entity, or the predecessor in interest thereof, had no control, shall not be considered in determining whether or not there has been an abandonment of any of such operations. In issuing any Certificate of Public Convenience and Necessity hereunder, the Commission, in its discretion, may define and/or limit the territory or territories in the State of Delaware within which the transportation authorized by the Certificate may be conducted thereunder, but in no case shall such territory or territories be smaller than the territory or territories in the State of Delaware in which the Applicant was in actual bona fide operation on July 1, 1961. The application for a Certificate of Public Convenience and Necessity under this sub-section shall be verified and shall contain such information as the Commission deems necessary to show that the Applicant on the effective date of this sub-section was in actual bona fide operations, actively and substantially carried on and that Applicant was not engaged merely in isolated, incidental, intermittent, sporadic and infrequent operations. The Commission may adopt and approve such form as it deems necessary for this purpose.

for hire in intra-state commerce between places located within the State of Delaware which has taken place prior to July 1, 1961 shall be deemed to have been illegal or unlawful or unauthorized by -reason of the fact that there was not in existence any Certificate of Public Convenience and Necessity issued by the Commission authorizing such transportation.

Approved June 18, 1962.