A. The department shall issue a warrant that allows a person to provide warranted service as a charter service, towing service or motor carrier of property if the department finds that the applicant is in compliance with the financial responsibility and safety requirements of the Motor Carrier Act and the rules of the department. B. A towing service carrier performing nonconsensual tows is subject to tariff rates and terms of service. A towing service carrier performing nonconsensual tows shall not use the same motor vehicles, equipment and facilities used by another warranted towing service carrier performing nonconsensual tows. C. A warrant shall not be transferred or leased to another person. D. The department may without notice or a public hearing cancel a warrant if the owner fails to operate under the warrant for twelve consecutive months or fails to provide proof of financial responsibility as required by the department for four consecutive months. History: Laws 2003, ch. 359, § 12; 2013, ch. 73, § 11; 2013, ch. 77, § 11; 2017, ch. 109, § 2; 2023, ch. 100, § 39. The 2023 amendment, effective July 1, 2024, removed references to the public regulation commission due to the transfer of certain powers and duties to the department of transportation; and changed each occurrence of "commission" to "department" throughout the section. Temporary provisions. — Laws 2023, ch. 100, § 80, effective July 1, 2024, provided: A. On July 1, 2024, all staff positions, functions, personnel, appropriations, money, records, equipment, supplies, other property and contractual obligations of the public regulation commission related to motor carrier regulation and enforcement, railroad safety enforcement and ambulance standards are transferred to the department of transportation. B. Beginning July 1, 2024, all references in law, rules, orders and other official acts to the public regulation commission or the transportation division of the public regulation commission related to motor carrier regulation and enforcement, railroad safety enforcement and ambulance standards shall be deemed references to the department of transportation. C. Beginning July 1, 2024, all contractual obligations of the public regulation commission related to motor carrier regulation and enforcement, railroad safety enforcement and ambulance standards are binding on the department of transportation. D. The rules, orders and decisions of the public regulation commission related to motor carrier regulation and enforcement, railroad safety enforcement and ambulance standards shall remain in effect until repealed or amended. The 2017 amendment, effective July 1, 2017, removed "commuter services" from the list of entities that are required to obtain a warrant from the public regulation commission authorizing the entity to offer and provide a warranted service as a motor carrier; in Subsection A, after "service as a", deleted "commuter service". The 2013 amendment, effective July 1, 2013, clarified and simplified procedures for granting warrants; deleted former Subsection A, which required a commuter service, charter service, towing service or carrier of property to obtain a warrant; in Subsection A, after "provide", deleted "compensated intrastate transportation" and added "warranted service"; deleted former Subsection C, which provided for protests to applications for warrants; added Subsection B; and in Subsection D, after "twelve consecutive months", added the remainder of the sentence.
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