Section 1309.30  Scope of Converted Authority

a)         When the Commission determines that a contract carrier's authority should be converted to common authority, the Commission will issue common authority only to the extent the carrier has demonstrated that a public need for the carrier's services exists.

b)         Evidence of public need shall consist solely of an abstract of shipments performed by the contract carrier within one year prior to the initiation of the proceedings to convert.  Only those shipments falling within the commodity and geographic scope of the contract authority may be considered in determining whether a public need for the carrier's service exists.

c)         In no case shall the commodity or geographic scope of a common authority issued as a result of proceedings to convert be greater than the commodity or geographic scope of the converted contract authority.

d)         A contract carrier in a conversion proceeding shall not be deemed to have engaged in illegal operations solely because the carrier was not operating as a "contract carrier of property by motor vehicle" as defined by Section 18c-1104(8) of the Law.