TITLE 61

PUBLIC UTILITY REGULATION

CHAPTER 11

AIR CARRIER ACT

61-1104.  Certificate of public convenience and necessity required — Public utility commission. It shall be unlawful for any air carrier, as the term is defined in this act, to operate any aircraft in transportation without having first obtained from the commission a certificate of public convenience and necessity covering such operation.

A certificate may be issued to a qualified applicant authorizing the whole or any part of his operations covered by the application made to the commission in accordance with the provisions of this act, if it is found that the applicant is fit, willing and able properly to perform the service proposed and to conform to the provisions of this act and the requirements, rules and regulations of the commission thereunder, and that the proposed service, to the extent authorized by the certificate is, or will be, required by the present or future public convenience and necessity.

In considering the public convenience and necessity, the commission shall in consultation with the director of the Idaho transportation department, prior to the issuance of a certificate, consider the effect of such proposed air carrier operation upon the operations of any authorized air carrier then operating over the routes or in the territory sought. The mere existence of an air carrier in the territory sought who possesses authority similar to that sought by the applicant shall not be sufficient cause to deny the issuance of the certificate.

In awarding certificates of public convenience and necessity, the commission shall take into consideration the business experience of the particular air carrier in the field of air operations, the financial stability of the carrier, the insurance coverage of the carrier, type of aircraft which the carrier would employ, proposed routes and minimum schedules to be established, whether the carrier could economically give adequate service to the communities involved, the necessity for the service, and any other factors which may affect the public interest.

History:

[61-1104, added 1969, ch. 197, sec. 4, p. 574; am. 1974, ch. 12, sec. 116, p. 61; am. 1974, ch. 236, sec. 1, p. 1599.]