QUALIFICATIONS FOR 'GRANDFATHER' CERTIFICATE OF CONVENIENCE AND NECESSITY UNDER CHAPTER 81.77 RCW.
(1) Section 5, chapter 105, Laws of 1965, Ex. Sess., clarifies the legislative intent of chapter 295, Laws of 1961 (chapter 81.77 RCW) and prohibits a common or contract carrier from engaging in the business of transporting garbage or refuse for compensation except by authority of a certificate of convenience and necessity issued by the utilities and transportation commission. (2) Carriers not engaged in the business of transporting garbage and/or refuse for compensation on July 1, 1961, but who have subsequently become engaged in such transportation as a business, are not entitled to certification under the "grandfather" clause of RCW 81.77.040, but must prove a public convenience and necessity. In order to qualify for a "grandfather" certificate, an applicant must show operations under authority of a common or contract carrier permit. Mere holding of a permit is not sufficient.