20.95.03.06

.06 Permit Requirements.

A. A tank vehicle may not be used in the public intrastate transportation of flammables for hire over the improved streets or roads of this State, or any political subdivision of it, without a permit from the Commission to the owner.

B. A permit (certificate) shall be required for a motor carrier when engaged in the carriage of flammables in bulk, within the scope of the definitions as provided by law. Permits shall be of two classes:

(1) Common carrier certificate (permits); and

(2) Contract carrier certificates (permits).

C. Permits as contract carrier and common carrier of flammables may not be held by the same person.

D. No person, or any person controlling, controlled by, or under common control with that person, may hold a permit as a common carrier authorizing operation for the transportation of flammables by motor vehicle within the State, if that person, or any controlling person, controlled person, or person under common control, holds a permit as a contract carrier authorizing operation for the transportation of flammables by motor vehicle within the same territory, in the State.

E. No person, or any person controlling, controlled by, or under common control with that person, may hold a permit as a contract carrier authorizing operation for the transportation of flammables by motor vehicle within the State, if that person, or any controlling person, controlled person, or person under common control, holds a permit as a common carrier authorizing operation for the transportation of flammables by motor vehicle within the same territory, in the State.

F. Nothing in these regulations shall be construed as invalidating any action lawfully taken or rights lawfully acquired by any person before June 1, 1959.