Transportation Law Commons^™

Public Utilities - Private Carrier Cannot Be Made A Common Carrier By Legislative Fiat

Michigan Law Review

The appellant, a private carrier for hire, was arrested for operation of motor vehicles upon the state highways without having obtained a certificate of public convenience and necessity from the state railroad commission and without having paid the mileage tax required by the state statute. This statute also gave the commission power to fix and approve rates and schedules, and otherwise regulate carriers. It further stated that, if any of its provisions were held to be unconstitutional, the validity of the remaining portions should be unaffected. Laws of Florida, 1929, c. 13700. In view of this latter provision, the state …