Rhode Island General Laws
Chapter 39-12 - Motor Carriers of Property
Section 39-12-4. - General powers and duties of the administrator.

§ 39-12-4. General powers and duties of the administrator.
(a) It shall be the duty of the administrator:
(1) To regulate common carriers by motor vehicle as provided in this chapter, and, to that end, the administrator may establish reasonable requirements with respect to continuous and adequate service, uniform system of accounts, records and reports, and preservation of records;
(2) To regulate contract carriers by motor vehicle as provided in this chapter, and, to that end, the administrator may establish reasonable requirements with respect to uniform system of accounts, records, and reports, and preservation of records;
(3) To administer, execute, and enforce all provisions of this chapter, to make all necessary orders in connection therewith, and to prescribe rules, regulations, and procedure of administration;
(4) For the purposes of the administration of the provisions of this chapter, to inquire into the management of the business of motor carriers and into the management of the business of persons controlling, controlled by, or under common control with, motor carriers to the extent that the business of the persons is related to the management of the business of one or more motor carriers, and the administrator shall keep himself or herself informed as to the manner and method in which the businesses are conducted, and may obtain from the carriers and persons the information as the administrator deems necessary to carry out the provisions of this chapter;
(5) To administer, execute, and enforce all provisions of chapter 12.1 of this title and to make all necessary orders in connection therewith and to prescribe rules, regulations, and procedure of administration.
(b) The administrator may, from time to time, establish the just and reasonable classifications of groups of carriers included in the term “common carrier,” or “contract carrier,” as the special nature of the service performed by carrier shall require; and such just reasonable rules, regulations, and requirements, consistent with the provisions of this chapter, to be observed by the carriers so classified or grouped, as the administrator deems necessary or desirable in the public interest.
(c) Upon complaint in writing to the administrator by any person, organization, or body politic or upon his or her own initiative without complaint, the administrator may investigate whether any motor carrier has failed to comply with any provisions of this chapter, or with any requirements established pursuant thereto. If the administrator, after notice and hearing, finds upon any investigation that the motor carrier has failed to comply with any provisions or requirement, the administrator shall issue an appropriate order to compel the carrier to comply therewith. Whenever the administrator is of the opinion that any complaint does not state reasonable grounds for investigation and action on his or her part, he or she may dismiss the complaint. Whenever a formal investigation shall be made by the administrator, it shall be his or her duty to make a report in writing in respect thereto, which shall state the conclusions of the administrator, together with his or her decision, order, or requirement in the premises. All reports of investigations made by the administrator shall be entered of record, and a copy thereof shall be furnished to the party who may have complained and to any common carrier or contract carrier that may have been complained of.
(d) The copies of schedules and classifications and tariffs of rates and charges, and all agreements and arrangements between common carriers filed with the administrator as provided in this chapter, and the statistics, tables, and figures contained in the annual or other reports of carriers filed with the administrator, as required under the provisions of this chapter, shall be preserved as public records in the custody of the administrator, and shall be received as prima facie evidence of what they purport to be for the purpose of investigation by the administrator and in all judicial proceedings, and copies of and extracts from any of the schedules, classifications, tariffs, agreements, or arrangements, or reports, made public records as provided in this subsection, certified by the administrator, under the administrator’s seal, shall be received in evidence with like effect as the originals.
(e) The administrator may establish reasonable requirements with respect to maximum hours of service of employees and safety of operation and equipment.
History of Section.P.L. 1958, ch. 87, § 1; P.L. 1969, ch. 240, § 12; P.L. 1994, ch. 328, § 3; P.L. 1997, ch. 326, § 113.

Structure Rhode Island General Laws

Rhode Island General Laws

Title 39 - Public Utilities and Carriers

Chapter 39-12 - Motor Carriers of Property

Section 39-12-1. - Declaration of policy.

Section 39-12-2. - Definitions.

Section 39-12-3. - Exemption from regulations.

Section 39-12-4. - General powers and duties of the administrator.

Section 39-12-5. - Administration of chapter — Investigations — Hearings.

Section 39-12-6. - Requirement of certificate of public convenience and necessity for common carriers — Application.

Section 39-12-7. - Issuance of certificate to common carrier.

Section 39-12-8. - Declaration of public interest in contract carriers.

Section 39-12-9. - Permit requirement for contract carriers — Application.

Section 39-12-10. - Issuance of permit to contract carrier.

Section 39-12-11. - Publication of tariffs of common carriers.

Section 39-12-12. - Establishment of rates and charges of common carriers — Rate discrimination — Rebates.

Section 39-12-13. - Alteration of common carrier rates by the administrator.

Section 39-12-14. - Factors governing determination of just and reasonable rates — Burden of proof.

Section 39-12-15. - Filing of contracts by contract carriers — Form of contract.

Section 39-12-16. - Duty of contract carriers to establish reasonable rates — Publication of rate schedules — Rate discrimination — Rebates.

Section 39-12-17. - Determination as to basis of contract rate.

Section 39-12-18. - Revocation of common carrier certificate.

Section 39-12-19. - Revocation of contract carrier permit.

Section 39-12-20. - Transfer of certificates or permits — Joint control of common carriers.

Section 39-12-21. - Dual operations.

Section 39-12-21.1. - Filing of contracts.

Section 39-12-22. - Issuance of a permit to interstate carriers.

Section 39-12-23. - Transfer of interstate carrier permit.

Section 39-12-24. - [Repealed.]

Section 39-12-25. - Operation by fiduciary.

Section 39-12-26. - Registration and identification of vehicles.

Section 39-12-27. - Security for protection of the public.

Section 39-12-27.1. - Advertisements by transporters of household goods.

Section 39-12-28. - Bill of lading requirements — Liability for damages.

Section 39-12-29. - Agent for service of process, notices, or orders on interstate carriers.

Section 39-12-30. - Accounts, records, and reports.

Section 39-12-31. - Employment of personnel.

Section 39-12-32. - Enforcement powers of inspectors.

Section 39-12-33. - Enforcement by police departments.

Section 39-12-34. - Self-incrimination — Immunity from prosecution.

Section 39-12-35. - Orders, rules, and regulations — Suspension or revocation of certificate or permits.

Section 39-12-36. - Unlawful operations — Penalty.

Section 39-12-37. - Rebate, concession, discrimination, or fraudulent evasion of regulation.

Section 39-12-38. - Unauthorized divulging of information by administrator’s personnel.

Section 39-12-38.1. - Records and abstract of cases.

Section 39-12-39. - Annual appropriations.

Section 39-12-40 - — 39-12-42. [Repealed.]

Section 39-12-43. - Severability.

Section 39-12-44. - [Obsolete.]