Gambar halaman
PDF
ePub

manner

thereupon be filed and preserved for a period of at least five years and thereafter until permission for their destruction shall have been obtained from the Railroad Commission, Such daily record of each month's business shall be examined at least once each year by the Railroad Commission or an authorized representative, and compared with the sworn sunimaries on file with the Railroad Commission. Any wilful falsification of the sworn monthly summaries, in addition to other penalties imposed by this statute, shall result in the immediate revocation of the motor carrier's certificate. Errors in monthly summaries as compared to the daily records shall be adjusted to the figures of the daily records from time to time as discovered, and certified to the County Treasurers by the Railroad Commission in the same

as the regular monthly certification as hereinafter required.

Regularly each month, on or before the last day of the month, the Railroad Commission shall certify to the various County Treasurers in the counties through or in which any motor carrier is operating, the total amount of the special tax due from each motor carrier for operation over the public highways for the preceding month. This tax shall be computed by multiplying the total number of ton miles operated by each motor carrier as shown by their sworn monthly summary to the Railroad Commission by the rate or rates of taxation as in this act specified. Thereupon the County Treasurer shall enter the amount of the tax so certified upon the tax books of the County and serve notice upon the motor carrier of the amount of tax due, which shall be payable not later than the fifteenth day of the month after the date of its certification from the Railroad Commission. All taxes in this manner assessed shall become a first lien upon all of the property of the motor carrier until paid. In addition to the remedy upon the bond for collection of the tax, the property of the motor carrier may be advertised and sold for the non-payment of any such taxes in the same manner and at the same time and under the same general rules and conditions as apply to all other property in this Staje. Upon failure of any motor carrier to pay any tax when due the County Treasurer shall notify t he Railroad Commission at once, and the Railroad Commission may in its discretion revoke the carrier's certificate.

The money received by the County Treasurer from this source shall be allocated to the various City and County road districts in the proportion that the number of miles of public highway used by the taxed motor carrier in any one district bears to the total number of miles used within the County. Such funds shall be used by each governmental agency receiving the same for the maintenance and repair of the highways and streets over which the carrier operates.

SECTION VII. No certificate of convenience and necessity shall be issued by the Railroad Commission to any motor carrier until and after such motor carrier shall have filed with the Railroad Commission of this State a liability insurance bond in some company authorized to do business in this State, in such a penal sum as the Railroad Commission may deem necessary to adequately protect the interests of the public with due regard to the number of persons and amount of property involved, which liability insurance shall bind the obligors thereunder to make compensation for injuries to persons and loss of or damage to property resulting from the operation of such motor carrier. Said Railroad Commission shall also require a satisfactory bond in such penal sum and conditioned on the payment of all fees, taxes or charges which may be due the State or any governmental unit in the State under any permit of operation and for the faithful carrying out of any permit granted by said Railroad Commission. No other or additional bonds than as herein described shall be required of any motor carrier by any City or Town or other agency of the State.

SECTION VIII. The Railroad Commission in the exercise of the authority by this act vested in it to supervise and regulate all motor carriers shall promulgate such safety rules and regulations as it may deem necessary to govern and control the operation of motor carriers over and along the public highways of this State, and to enforce the same by such penalties and forfeitures as it may prescribe, including the revocation of the permit granted under the provisions of this act. Any such safety rules promulgated in addition to any others deemed necessary by the Railroad Commission shall include the following:

(a) Every motor carrier unit and a!l parts thereof shall be maintained in a safe and sanitary condition at all times, and shall be at all times subject to the inspection of the Commission and its duly authorized ripresentatives.

(b) Every driver employed by a motor carrier shall be at least twenty-one years of age, of good moral character, shall be fully competent to operate the motor vehicle under his charge, and shall hold a regular chauffeur's license from the State Motor Vehicle Department.

(c) On passenger carrying motor carrier units passengers will not be allowed to ride on the running boards, fenders or any other part of the outside of the vehicle.

(d) On freight carrying motor carrier units no part of the load shall be allowed to project more than six inches beyond the running board of said motor vehicle, or measure more than eight feet wide over all.

(e) All motor carrier units before passing over any steam or electric railroad track at grade shall be brought to a complete stop at such a point within fifty feet of the steam or electric railroad track as will clear the steam or electric track and still allow the driver of the motor carrier to obtain a view of the track in both directions. Then before proceeding to cross said steam or electric railroad track, the driver of such motor carrier shall look in both directions and ascertain if the way is clear.

(f) No passenger carrying motor carrier unit shall be driven over and along the public highways of this State at a greater rate of speed than twenty-five miles per hour.

No freight carrying motor carrier unit shall be driven over and along the public highways of this State at a greater rate of speed than twenty miles per hour.

(g) Accidents arising from or in connection with the operation of motor carriers shall be reported to the Railroad Commission in such detail and in such manner as the Railroad Commission may require.

(h) The Railroad Cominission shall require and every motor carrier shall have attached to each unit or vehicle such distinctive markings or tags as shall be adopted by the Railroad Commission.

SECTION IX. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.

SECTION X. Every owner, officer, agent or employe of any motor carrier, and every other person who violates or fails to comply with, or who procures, aids or abets in the violation of any provision of this act, or who fails to obey, observe or comply with any order, decision, rule or regulation, direction, demand or requirement, or any part or provision thereof, of the Railroad Commission, or who procures, aids or abets any corporation or person in his failure to obey, observe or comply with any such order, decision, rule, direction, demand or regulation or any part or provision thereof, is guilty of a misdemeanor and is punishable by a fine not exceeding one thousand dollars or by imprisonment in the County jail not exceeding one year, or by both such fine and imprison

ment.

C. D. Cass:— Your Special Committee was the outgrowth of some agitation that started in Indianapolis at the MidWinter dinner, to try to furnish to our members a sort of guide post in dealing with the subsidized competition — that many of them were meeting throughout the country. It was thought that the committee could pull together and furnish this organization the essential elements of effective regulation in dealing with the problems locally in the various States, which would be very helpful.

I do not want to take the time of the meeting to read this report at length. I want to just call atenion briefly to some of the high spots and a sample bill that this Special committee drafted, as I say, for the purpose of trying to be helpful to the situation.

(Mr. Cass then called particular attention to some of the provisions of the bill, and if this discussion is desired it can be furnished at any time.)

PRESIDENT TODD :- Gentlemen, you have heard this very interesting report, and the proposed bill presented by Mr. Cass. Is there any discussion on the subject? What is the pleasure of the Association with reference to the adoption or recommendation of this formal bill? Mr. Brady, you are on this Committee.

ARTHUR W. BRADY :- I should think that if the report is received and approved, that is all the action that is necessary,

PRESIDENT TODD :- Is there any further discussion ?

H. V. BOZELL :- I will ask the Committee what consideration, if any, was given to suggesting taxation of these carriers on the basis of gross receipts, in addition to some sort of a road tax. This, perhaps, would actually place the two kinds of utilities more nearly on a parity in respect to taxation.

C. D. Cass:- The Committee was trying to devise a practical way of presenting this thing in the most forceful way to the state legislature. We have felt that the approach which we have made on this taxation question, not only is the fairest that could be devised, but is the most practical. If we say that the position of the electric railways on this matter is that the motor carriers must replace the damaged road or the highways and they are asking nothing more, it is the fairest way, as well as the most practicable, in which to present the matter.

G. T. SEELY :— In connection with this report, there are two things I would like to mention. One is that any regulation which we may seek to impose upon bus operation may come back and plague us if we operate buses ourselves.

The second is, the amount of tax imposed under this bill. We have had some experience with motor bus operation in the last few months, and in figuring out the application of this tax of one cent per ton mile it shows that in operating these buses with a half hour schedule on a fifteen mile route, we would pay $25,000 a year, which would undoubtedly pay the entire cost of the maintenance of that highway.

L. Palk:- While the amount of the tax which is proposed might be too great or might be too little, yet I know of a place where the principle has been recognized, where the license fee of motor vehicles has been returned. In Manitoba, Canada, the provincial government there returned some portion of the revenue received from the license of all motor vehicles and including motor buses into the work of maintaining the roads.

If I might be privileged to ask a question which touches the relation of motor vehicles to electric street cars, say that we have a demand, for a route sign to be placed on the end of all street cars, so that operators of motor buses will know which route that car is taking and know whether it will turn or not, I ask if anyone here has had such a demand, and whether it has been adopted for route sign on the rear of the cars, so that a man driving a motor vehicle will know whether the car will make a turn or not – that involves considerable money, and I would like to know if anyone has put any such route signs into use?

THOMAS N. McCARTER:— I desire to express my sympathy in advance to the Committee's chance of passing the act in the 48 different States composing our Union.

ARTHUR W. BRADY :- This particular committee will resign if they are expected to be entrusted with the passage of this bill in a single State.

With reference to Mr. Seeley's first criticism, that this may react upon the industry if we engage more extensively in the operation of motor buses, I want to say I do not think that is a valid reason why a bill of this kind should not be approved by the Association. The question simply is, whether or not this bill sets forth the right principles to apply to those using the highways for transportation by motor bus or motor truck, whether these persons should pay a sufficient tax to reimburse the public for its expenditures, due frequently to that use of buses on the highway. I contend that it is a just and proper charge, and my view is that public sentiment is swinging that

:

Wav.

In Indiana there is a distinct movement toward this proposition, that those who are using the highways for the operation of motor buses and motor trucks, shall be compelled to pay

« SebelumnyaLanjutkan »