26940.docx

(text box: 1)BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE SUSPENSION OF MOTOR CARRIER RULES, IDAPA 31.61.01.000 ET SEQ.
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CASE NO. GNR-M-97-2
ORDER NO.  26940
In 1995, Congress enacted federal legislation (P.L. 103-305) adding a new section to 49 U.S.C. § 11501, later codified as § 14501, preempting the regulation by states of the economic activities of motor carriers.
Rule 41.02(a) of the Commission’s Motor Carrier Rules, IDAPA 31.61.01, pertaining to permanent authority for common and contract carriers, provides:
fitness, willingness, and ability to serve.  The applicant must show that it is fit, willing and able to perform properly the proposed service:
a.To demonstrate financial fitness and ability, the application shall show the applicant has and maintains 10% equity capital invested in the proposed operation or otherwise demonstrate financial fitness.  The applicant must show this by submitting a Form 1002.  Form 1002 shall reflect the personal and business operations of the sole proprietorship or partnership and the entire business operation for a corporation.  Rule 42.02(a), pertaining to common and contract carriers, is identical.  
Rule 41.03(a) pertaining to temporary authority for common and contract carriers is identical.  Furthermore, Rules 43.02(b), 43.03(b), 43.04(b) and 43.09(b) all require that applications pertaining to motor carrier permits must be accompanied by a financial statement of the applicant.  We find that all of the foregoing rules constitute the economic regulation of motor carriers.  Given the preemptive effect of federal law, the Commission finds that it is reasonable to suspend Rules 41.02(a), 42.02(a), 43.02(b), 43.03(b), 43.04(b) and 43.09(b).
O R D E R
IT IS HEREBY ORDERED that the motor carrier rules listed in the body of this Order are suspended.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this                  day of May 1997.

DENNIS S. HANSEN, PRESIDENT

RALPH NELSON, COMMISSIONER

MARSHA H. SMITH, COMMISSIONER
ATTEST:

Myrna J. Walters
Commission Secretary
vld/O:GNRM972.bp
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE SUSPENSION OF MOTOR CARRIER RULES, IDAPA 31.61.01.000 ET SEQ.
)
)
)
)
CASE NO. GNR-M-97-2
ERRATUM IN
ORDER NO.  26940
On May 27, 1997, IPUC Order No. 26940 was issued by this Commission.  The following change(s) should be made to that Order:
Page 1, paragraph 2, line 1 of continued paragraph
READS:
“Rule 41.03(a) pertaining to temporary authority for common and contract carriers is identical.”
SHOULD READ:
“Rule 42.02(a) pertaining to temporary authority for common and contract carriers is identical.”
DATED at Boise, Idaho this day of June 1997.

Myrna J. Walters
Commission Secretary
vld/O:GNR-M-97-2.p3
COMMENTS AND ANNOTATIONS
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Service Date
May 27, 1997