WAC 480-30-186   Certificates, service interruptions or discontinued operations, auto transportation company.  (1) Interruptions in service.

     (a) An auto transportation company must file a written report with the commission and must post appropriate public notice of any interruption in regular service that is likely to continue for more than twenty-four hours.

     (i) The written report must contain a full description of the cause for the interruption.

     (ii) The written report and notice to the public must state the anticipated duration of the interruption.

     (iii) Notice to the commission may be made via regular mail, by fax, or by e-mail.

     (b) If an auto transportation company fails to notify the commission of any interruption in service that lasts five or more consecutive days, the commission will consider that the company has forfeited its certificate rights and the commission may institute administrative action to cancel the company's certificate of public convenience and necessity. Exception: The commission may allow resumption of operations after an interruption lasting five or more days if the auto transportation company can show that it was not responsible for the failure to provide service and that failure to notify the commission resulted from conditions outside the control of the company.

     (2) Discontinuance of service. An auto transportation company must not temporarily or permanently discontinue operations authorized under its certificate without prior approval from the commission.

     (a) A company requesting commission approval to discontinue operations must give at least thirty days' written notice to its customers, officials of cities and counties where affected passengers reside, and the commission.

     (b) The auto transportation company must file a written request with the commission for approval to discontinue operations. The written request for commission approval must contain at least the following:

     (i) The name, telephone number, mailing address, fax number (if any) and e-mail address (if any) of a contact person;

     (ii) An explanation of the company's reasons for requesting approval to discontinue operations;

     (iii) An explanation of consequences for the company if the commission does not approve the request to discontinue operations;

     (iv) A statement of the number of passengers, by class of service provided, who will lose service if the commission approves the discontinuance of operations;

     (v) An explanation of options available to the customers who will lose service; and

     (vi) If the request is for approval to temporarily discontinue service, the written request must contain a statement declaring the date by which the company will return to service.

     (c) Upon receipt of a request to discontinue operations, the commission will assign a docket number to the filing and will act on the request under the commission's normal open meeting process.

     (i) In considering the request for approval to discontinue operations, the commission may consider the information required in this section, in addition to other information it deems necessary on a case-by-case basis.

     (ii) The commission may attach conditions to any grant of discontinuance of operations that it deems necessary to protect the rights and interests of the public.



[Statutory Authority: RCW 80.01.040, 81.04.160, 81.12.050, 81.68.030, and 81.70.270. 06-13-006 (General Order No. R-533, Docket No. TC-020497), § 480-30-186, filed 6/8/06, effective 7/9/06.]