Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1979 NO. 6 > Jan 19 1979

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.

AGO 1992 NO. 7 > May 26 1992

1.  A launch service which only transports freight between the dock and ships at anchor is not required to obtain a certificate of public convenience and necessity from the Utilities and Transportation Commission pursuant to RCW 81.84.010.    2.  A launch service which only transports freight between the dock and ships at anchor is a common carrier and is subject to regulation by the Utilities and Transportation Commission as a common carrier.

AGLO 1979 NO. 26 > Jul 19 1979

The cost assessment provisions of RCW 80.20.020 and RCW 81.20.020 are not applicable to a tariff change matter pending before the Washington Utilities and Transportation Commission unless and until the Commission (1) enters an order of suspension and assigns a cause number and (2) gives notice to the public service company involved of its intention, based upon its determination of necessity, to investigate; only when the Commission thus determines the need for an investigation and gives such notice by appropriate order are costs to be assessed against the public service company in accordance with the other conditions of the two statutes.

AGO 1968 NO. 28 > Aug 29 1968

The Traffic Rules for Courts of Limited Jurisdiction, as promulgated by the Washington Supreme Court, do not apply to violations of the provisions of chapter 81.80 RCW, relating to motor freight carriers, so as to require the use of a Uniform Traffic Ticket and Complaint by the Washington Utilities and Transportation Commission in proceedings against violators of this chapter.  Instead, such violations are governed by the Criminal Rules for Courts of Limited Jurisdiction, as amended, which provide for the use of a similar uniform ticket (citation and notice to appear) only if it is to serve as the complaint in the criminal prosecution.

AGLO 1975 NO. 67 > Jul 31 1975

The utilities and transportation commission is not authorized by chapter 125, Laws of 1975, 1st Ex. Sess. to adopt rules and regulations governing the operation of oil tankers or their escorting tug boats on Puget Sound and adjacent waters.

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.