Section 2100.120  Waiver of Requirements

a)         A carrier may petition the Commission for waiver of specific requirements of this Part.

b)         The Commission will consider the following factors in its consideration of a petition to waive requirements of this Part.

1)         The effect of the requirement on the financial condition of the carrier.

2)         The public need for the requirement.

c)         The Commission shall find a public need for a requirement for which waiver is sought where:

1)         A person who would be directly affected by the waiver in writing, stating reasons for such opposition; or

2)         Persons representing governmental units, riders or businesses at points which would be affected by the waiver have contacted the Commission to express concern over the waiver.

d)         The Commission shall, where it finds a public need for a requirement, also find that the public need for the requirement requires denial of a petition for waiver of the requirement, unless such denial would jeopardize the continuation of service to affected points.