Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1966 NO. 78 > Mar 18 1966

(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.


AGLO 1973 NO. 85 > Jul 27 1973

Except to the extent that it is authorized under RCW 36.54.010, et seq., to own and operate a ferry system, a 7th class county is not authorized to engage in the transportation business for hire.