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§5101-B. Inadequacies or deficiencies in service of Casco Bay Island Transit District


Published: 2015

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§5101-B. Inadequacies or deficiencies in service of Casco Bay Island Transit District








1. Seasonal scheduled service. 
A certificate granted by the commission for seasonal scheduled passenger, freight
or vehicle transportation services must be limited to the provision of scheduled services
found by the commission to cure any inadequacies or deficiencies in existing scheduled
services of the Casco Bay Island Transit District.


[
1991, c. 774, §2 (NEW)
.]








2. Permanent certificates. 
An applicant for a permanent certificate of public convenience and necessity for
the provision of scheduled passenger, freight or vehicle transportation service who
seeks such a certificate on the grounds that the service provided by the Casco Bay
Island Transit District is inadequate or deficient has the burden of establishing
the following.





A. The service of the district is inadequate or deficient in the areas in which the
applicant proposes to provide service. [1991, c. 774, §2 (NEW).]










B. By written application to the board of directors of the district, the applicant
has identified the inadequacies and deficiencies in the service of the district that
the applicant wishes to provide. [1991, c. 774, §2 (NEW).]










C. The district has failed substantially to cure these inadequacies or deficiencies
in its service within 60 days after receipt of the written application of the applicant
that identifies the inadequacies or deficiencies. [1991, c. 774, §2 (NEW).]







[
1991, c. 774, §2 (NEW)
.]








3. Insufficiency of lower rates to establish deficiency. 
A scheduled service provided by the Casco Bay Island Transit District may not be
found to be inadequate or deficient solely on the basis that a seasonal service is
proposed by an applicant to be provided at a lower rate than the scheduled service
offered by the district. This subsection does not apply to any application proposing
to provide all scheduled passenger, freight and vehicle transportation services currently
offered by the district.


[
1991, c. 774, §2 (NEW)
.]





SECTION HISTORY

1991, c. 774, §2 (NEW).