North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 2 › Article 9 - MISCELLANEOUS › Section 11 R02-71 - DEVIATIONS BY MOTOR CARRIERS OF PASSENGERS FROM AUTHORIZED REGULAR ROUTES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Applicability of Rule. - Subject to all
				  other rules and regulations of the Commission, this rule is hereby found to be
				  just and reasonable and adopted and made applicable so far as pertinent to the
				  operations within the State of North Carolina under authority of certificates
				  issued by the Commission to all motor carriers of passengers.
(b) Definitions. - As used in this rule, the
				  following words and terms shall be construed to have meanings as follows:
(1) Designated Highway. - A highway
				  identified for record purposes by a number, letter, or name such as a turnpike,
				  thruway, expressway, freeway, or as an "unnumbered county or state road," or in
				  some other like manner.
(2)
				  Redesignated Highway. - A highway to which there has been assigned a new
				  designation, either number, letter, name or other identifying reference, in
				  lieu of a designation previously assigned thereto.
(3) Relocated Highway. - A highway which has
				  been constructed in a new location in lieu of an existing highway or a segment
				  or segments thereof, and which is intended to replace such existing highway or
				  a segment or segments thereof for public use.
(4) Regular Service Route. - A designated
				  highway or series of highways over which a regular route motor carrier is
				  specifically authorized to operate with provision in the carrier's certificate
				  for service at terminal, intermediate, or off-route points as specified
				  therein, as distinguished from an alternate route as defined in subdivision (5)
				  of this subsection. Such regular service route may be described as a single
				  route in a carrier's authority or as two or more routes which are combined by
				  joinder at a common service point or points.
(5) Alternate Route. - A designated highway
				  or series of highways lying wholly within the State of North Carolina over
				  which a regular route motor carrier may operate in the interest of economy or
				  convenience or to avoid congested areas, dangerous grades, sharp curves, or
				  other hazards on an authorized regular service route, deviating from a point on
				  such authorized regular service route and returning at some other point on the
				  same regular service route.
(6)
				  By-Pass Route. - A route designated by proper authority for the general purpose
				  of avoiding traffic congestion in a heavily populated area or areas.
(7) Detour Route. - The highway or highways
				  designated by proper authority for public use while the highway or highways
				  normally used between specified points is, or are, temporarily closed or
				  restricted, as by reduced weight limits, or for repairs or constructions, or
				  for any other reason.
(8) Deviation
				  Route. - Any of the routes used by a motor carrier under authority of this
				  rule.
(9) Point of Deviation. - The
				  point where a motor carrier using, or proposing to use, an alternate route, as
				  defined in subdivision (5) of this subsection or any other deviation route,
				  under authority of this rule, departs from, or proposes to depart from, its
				  specifically authorized regular service route.
(10) Point of Return. - The point where a
				  carrier using, or proposing to use, an alternate route, as defined in
				  subdivision (5) of this subsection or any other deviation route, under
				  authority of this rule returns to, or proposes to return to, its specifically
				  authorized regular service route.
(11) Deadheading Empty Vehicles. - The
				  movement of empty vehicles incidental to either prior or subsequent
				  transportation in intrastate commerce.