AGO Opinion Topics: COMMON CARRIERS

There is no constitutional impediment which would bar the state legislature from deregulating the commercial trucking industry without providing for the payment of compensation to existing permit holders; accordingly, such legislative action would be constitutionally permissible.

(1) A county public transportation authority organized under chapter 36.57 RCW may not extend its operations to routes already served by a private carrier holding a certificate of public convenience and necessity under RCW 81.68.040 without either acquiring the affected operating authority and equipment of the private carrier or entering into a contract with that carrier for provision of all or part of such service.(2) A county public transportation authority organized under chapter 36.57 RCW, when extending its operations to routes already served by a private carrier holding a certificate of public convenience and necessity under RCW 81.68.040, may perform part of such service itself and contract with the private carrier to continue to operate part of the service.

(1) Under RCW 81.68.010(3), as amended by § 1, chapter 121, Laws of 1975-76, 2nd Ex. Sess., a van pool operator would be considered to be in competition with or infringing upon the service of an existing auto transportation company if its van pool were to travel the same route and/or serve the same termini as that company and were to solicit passengers who would otherwise have utilized the services thereof.

(2) Consideration of several related factual situations involving the scope of the van pool exemption and the loss thereof by reason of competition between a van pool operation and an existing auto transportation company.

A purchaser of merchandise is required to obtain a permit as a common or contract carrier of motor freight where he is the purchaser of merchandise at a price f.o.b. destination which includes prepaid transportation, and, at his option, in his own vehicle, he picks up the merchandise at the seller's premises and transports it to destination, receiving from the seller the transportation charges which would have been applicable had the merchandise been transported by motor common carrier.