THE MOTOR CARRIER ACT
Act 254 of 1933
476.5 Issuance of certificate of authority; findings.
Sec. 5.
Except as provided in this section, the commission shall issue a certificate of authority to an applicant authorizing it to provide transportation subject to the jurisdiction of the commission under this article as a motor carrier of general commodities if the commission finds all of the following:
(a) The character and condition of the vehicles proposed to be operated by the applicant is such that they may be operated safely upon the public highways.
(b) The applicant is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with this act and rules and regulations of the commission.
(c) The service proposed is consistent with the transportation policy set forth in section 2 of article I.
(d) The applicant has the required insurance in place to insure the protection of the public.
History: 1933, Act 254, Eff. Oct. 17, 1933 ;-- CL 1948, 476.5 ;-- Am. 1982, Act 399, Imd. Eff. Dec. 28, 1982 ;-- Am. 1993, Act 352, Imd. Eff. Jan. 13, 1994 ;-- Am. 2007, Act 33, Imd. Eff. July 10, 2007 ;-- Am. 2014, Act 493, Eff. Apr. 1, 2015
Notes of Decisions
In re Fed. Preemption of Provisions of the Motor Carrier Act, 566 N.W.2d 299 (Mich. Ct. App. 1997).
· cites it 2× “The PSC recognized that preemp *309 tion of subsection 10a(6) will not increase the risk of uninsured vehicles in intrastate traffic, because the Motor Carrier Act otherwise contains insurance requirements, such as in MCL 476.5; MSA 22.538 and MCL 479.9; MSA 22.”
Lorraine Cab v. City of Detroit, 98 N.W.2d 607 (Mich. 1959).
· cites it 2× “…Cum Supp § 22.531(f)]). 1 CL 1948, § 476.6 (Stat Ann § 22.539). 2 CL 1948, § 476.10 (Stat Ann § 22.543). 3 CL 1948, § 476.5 (Stat Ann § 22.538). * This phrase occurs in definitions in PA 1923, No 209, § 1, PA 1931, No 212 § 1, subd (i), PA 1931, No 312 § 1, subd (i). † CL…”
Greyhound Corp. v. Pub. Serv. Comm'n, 104 N.W.2d 395 (Mich. 1960).
· cites it 2× “With respect to the power of the commission to grant a certificate of convenience and necessity of the character here involved it is significant to note that article 2, § 5, of the motor carrier act (CL 1948, § 476.5 [Stat Ann § 22.538]) specifically provides in part that: "Said…”
Fed. Armored Serv., Inc v. Pub. Serv. Comm'n, 514 N.W.2d 178 (Mich. Ct. App. 1994).
· cites it 5× “” MCL 476.5(1) (b); MSA 22.538(l)(b). "Fit” is defined in the statute as meaning "safe, suitable, and financially responsible as determined by the commission.”
G & a Truck Line, Inc. v. Pub. Serv. Comm'n, 60 N.W.2d 285 (Mich. 1953).
“it is our opinion that the broad powers granted to the commission under article 2, § 5, of the motor carriers act (CL 1948, § 476.5 [Stat Ann § 22.538]), gives ample authority for its order.”
— Mich. Comp. Laws § 476.5(1) — 1 case
Fed. Armored Serv., Inc v. Pub. Serv. Comm'n, 514 N.W.2d 178 (Mich. Ct. App. 1994).
“” MCL 476.5(1) (b); MSA 22.538(l)(b). "Fit” is defined in the statute as meaning "safe, suitable, and financially responsible as determined by the commission.”
— Mich. Comp. Laws § 476.5(l)(c) — 2 cases
In re Fed. Preemption of Provisions of the Motor Carrier Act, 566 N.W.2d 299 (Mich. Ct. App. 1997).
“The PSC recognized that preemp *309 tion of subsection 10a(6) will not increase the risk of uninsured vehicles in intrastate traffic, because the Motor Carrier Act otherwise contains insurance requirements, such as in MCL 476.5; MSA 22.538 and MCL 479.9; MSA 22.”
Fed. Armored Serv., Inc v. Pub. Serv. Comm'n, 514 N.W.2d 178 (Mich. Ct. App. 1994).
“” MCL 476.5(1) (b); MSA 22.538(l)(b). "Fit” is defined in the statute as meaning "safe, suitable, and financially responsible as determined by the commission.”
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