65- 407 C.M.R. ch. 520, § 3

Current through 2024-25, June 19, 2024

Section 407-520-3 - Authorization Required

A.Tour Service. Tour Service as defined by this Chapter is not subject to regulation by the Commission under 35-A M.R.S., Ch. 51 and, therefore, no authorization from the Commission is required to provide a Tour Service.

B.Charter Service, Water Taxi or Unscheduled Freight Service. No person shall provide any Charter Service, Water Taxi or Unscheduled Freight Service without first obtaining authorization from the Commission.

1.Applications

i. All applications shall be filed electronically through the Commission's Case Management System (CMS). All applicants shall request applications be served on CBITD. To assist applicants, an application form and filing instructions may be made available on the Commission's website.

ii. Applicants must file the following applicant information:

a. Name, address, telephone number, and email address

b. Whether the applicant is an individual, partnership, limited liability company (LLC), corporation, or other

c. If a partnership or a member-run LLC, the name and address of each partner

d. If a manager-run LLC, the name and address of each officer or manager

e. If a corporation, the name and address of each officer, each board member, and the registered agent, and when and where incorporated

iii. Applicants must file the following information about the proposed service(s) to be provided:

a. Whether the application is for Charter, Water Taxi, and/or Freight Service(s)

b. If Water Taxi and/or Unscheduled Freight Service, a list of all rates and charges for proposed service(s)

c. If Charter Service, whether all passengers will be returned to the origination point by the Charter Provider on the round trip and, if not, whether the contract for the return trip of passengers is with CBITD or other identified person

d. If Water Taxi Service, the hours of operation and the telephone number for the service

e. If Unscheduled Freight Service, a general description of the type of freight services to be provided

iv. Applicants must provide the following information for each vessel to be employed in the proposed service(s).:

a. Name of vessel

b. Name and address of the owner of the vessel

c. A copy of the State of Maine registration

d. Port of registration and in whose name the vessel is registered

e. Vessel length, breadth, and gross tonnage

f. Maximum number of passengers

g. A copy of the United States Coast Guard Certificate of Inspection, as applicable, including number, and issuance and expiration dates, and any other United States Coast Guard documentation

v. Applicants must certify they have the following:

a. Sufficient personnel properly licensed to operate the vessel(s) to be used in the proposed service(s)

b. Sufficient liability insurance covering the proposed service(s), including the name of the insurer

vi. Any further information the Commission requires.

2.Process

i. Authorization shall not be granted by the Commission unless the Applicant satisfies all the requirements of this Chapter, and the Commission finds that the public convenience and necessity requires such authorization.

ii. In the event applicants puts in service or usesan additional vessel or vessels after having obtained authorization from the Commission to provide the regulated service(s), applicants must file notice electronically through the Commission's CMS, including the information required in subsections 3(B)(1) (iv) & 3(B)(1)(v).

iii. No hearing shall be held on such application unless an objection is filed within two weeks of the filing of the application which demonstrates a substantial need for a hearing, which requirement may be satisfied by, for example but not necessarily limited to, a prima facie showing that the actual service to be provided will differ from the authorization requested.

C.Ferry Providers. If service for which authorization is requested is not Charter Service or Water Taxi Service or Unscheduled Freight Service as defined by this Chapter, the application shall be treated as an application for authorization as a Ferry Provider under Title 35-A, M.R.S. §5101 and this Chapter shall not be applicable.

65- 407 C.M.R. ch. 520, § 3