Page:United States Statutes at Large Volume 49 Part 1.djvu/596

 7 4TH CONGR ESS. SESS. I. CH. 498 . AUGUST 9, 1935 . " APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY " SEC. 206. (a) No common carrier by motor veh icle subject to the provi sions of th is par t sha ll eng age i n any inter state or fo reign oper- ation on any public highway, or within any reservation under the exclusive jurisdiction of the United States, unless there is in force with respect to such carrier a certificate of public convenience and necessity issued by the Commission authorizing such operations Provided, however, That, subject to section 210, if any such carrier or predecessor in interest was in bona fide operation as a common car- rier by motor vehicle on June 1, 1935, over th e route or routes or within the territory for which application is made and has so oper- ated since that t ime, or if engaged in f urnishing seasonal servic e only, was in bona fide operation on June 1, 1935, during the season ordi- nari ly cov ered by its oper ation, exce pt in eithe r ins tance as to inter - ruptions of service over wh ich the applicant or its prede cessor in interest had no control, the Commission shall issue such certificate without requiring further proof that public convenience and necessity will be served by such operation, and without further proceedings, if application for such certificate is made to the Co mmission as pro- vided in paragraph (b) of this section and within one hundred and twenty days after this section shall take effect, and if such carrier was registered on June 1, 1935, under any code of fair competition requiring registration, the fact of registration shall be evidence of bona fide operation to be considered in connection with the issuance of s uch ce rtifi cate. Ot herwi se the appli cation for such c ertifi cate shall be decided in accordance with the procedure provided for in section 207 (a) of this part and such certificate shall be issued or denied accordingly. Pending the determination of any such appli- cation the continuance of such operation shall be lawful : And pro- vided further, That this paragraph shall not be so construed as to require any such carrier lawfully engaged in operation solely within any State to obtain from the Commission a certificate authorizing the transportation by su ch carrier of passengers or pr operty in inter- state or foreign commerce between places within such State if there be a board in such S tate having authority to grant or approve such certificates and if such carrier has obtained such certificate from such board. Such transportation shall, however, be otherwise sub- jec t to t he ju risdic tion o f the Commi ssion under this part. "(b) Application for certificates shall be made in writing to the Commission, be verified under oath, and shall be in such form and contain such information and be accompanied by proof of service upon such interested parties as the Commission shall, by regulation, require. Any person, not included within the provisions of para- graph (a) of this section, who or which is engaged in transportation in interstate or foreign commerce as a common carrier by motor vehicle when t his section takes effect may c ontinue such operation for a period of one hundred and twenty days thereafter without a certificate and, if application for such certificate is made to the Commission within such period, the carrier may, under such regu- lations as the Commission shall prescribe, c ontinue such operation until otherwise ordered by the Commission . " ISSUANCE OF CERTIFICATE "SEC . 207. (a) Subject to section 210, a certi ficate shall be issued to any qualified applicant therefor, authorizing the whole or any part of the operations covered by the application, if it is found that the applicant is fit, willing, and able properly to perform the service proposed and to conform to the provisions of this part and the 551 Application for cer- tificate of public con- venience and necessity . Necessity of certif i- cate . Provisos . When proof of public convenience and neces- sity waived . Time for making ap- plication. Registration under code of fair competi- tion ; effect . Determination when proof not waived . Continuation of op- eration provided . Intrastate operation. Form of application . Operation during consideration of appli- c ati on. Issuance of certificate . Requirements . Post, p.554.