Sheldon v. State
Sheldon v. State
Opinion of the Court
This is an appeal under RSA ch. 541 from Public Utilities Commission Order No. 10,917 granting plaintiff a limited certificate of public convenience and necessity to operate as an irregular route common carrier by motor vehicle. RSA 375-B:5 (Supp. 1973). The plaintiff operates several wrecker trucks, including a factory-built unit capable of handling large loads, from his towing and vehicle repair business in Milford. Under informal arrangements he and his employees provide towing services for a number of area businesses, hauling disabled trucks and other vehicles to his own shop, and to other places in the State as ordered by the customer. The plaintiff is the local AAA towing representative, and is listed as such in the yellow pages. He also advertises his services by roadside signs and imprinted calendars.
Order No. 10,918 granted the plaintiff an unlimited contract carrier permit. No. 10,917 granted him a certificate as an “irregular route common carrier”, RSA 375-B :5 (Supp. 1973), for the purposes of “transporting wrecked, disabled, repossessed and stolen motor vehicles between points and places in New Hampshire on the one hand, and points and places in the towns of Milford and Wilton on the other.”
Thus the plaintiff was authorized as a common carrier to haul between his base area of Wilton-Milford and other points in the State, but not between points outside this base area. Plaintiff seeks to compel the issuance of an unlimited common carrier certificate, or in the alternative, remand to the commission for further consideration of the issuance of an unrestricted certificate.
At the hearing, the examiner and another commission employee questioned the plaintiff about the nature and extent of his then existing but unlicensed towing operations. This questioning was apparently directed to determination of the minimum authority necessary to permit continuance of such operation. The plaintiff argues that it demonstrated a purpose to grant authority to continue all of his then existing operations, and that since the orders issued do not fully allow such continuance, the limitations of order No. 10,917 were erroneous, unjust and unreasonable. With this argument we cannot agree. The fact that the examiner undertook to ascertain the scope of the applicant’s unauthorized operations, could imply no commitment with respect to projected action by the commission.
Under the motor carrier statute, a common carrier certificate, to which this appeal relates, is to be issued to qualified applicants if the “proposed service, to the extent to be authorized by the certificate, is or will be required by the present or future public convenience and necessity .. . .” RSA 375-B:5 (Supp. 1973). This language contrasts with that of RSA 375-B:7 (Supp. 1973), which provides that contract carrier permits shall be issued if it appears that the operation “will be consistent with the public interest and the policy declared in section 1 of this act.” Section 7 further provides that the carrier shall not be restricted in his right to “substitute or add contracts within the scope of the permit” as demand may require.
We do not find that the record establishes that the “public convenience and necessity” as a matter of law required issuance of an unrestricted common carrier certificate in
Appeal dismissed.
Reference
- Full Case Name
- John K. Sheldon d.b.a. J. Sheldon's Motor Service & Auto Body v. State of New Hampshire
- Status
- Published