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37-9-3
Section 37-9-3 Exemptions from operation of chapter - United States mail; occasional intrastate
commerce. Nothing in this chapter shall be construed to apply to: (1) The transportation or
handling of United States mail; or (2) The casual, occasional or reciprocal carriage of passengers
or property by aircraft in intrastate commerce for compensation by any person not engaged
in air commerce as a regular occupation or business, unless, in the case of transportation
of passengers, such transportation is sold or offered for sale or provided or procured or
furnished or arranged for by a broker, or by any other person who sells or offers for sale
transportation furnished by a person lawfully engaged in the transportation of passengers
by aircraft under a certificate or permit issued under this chapter or under a pending application
for such certificate or permit. (Acts 1945, No. 269, p. 414, ยง2.)...
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37-3-25
Section 37-3-25 Penalties for violations. (a) Any person knowingly and willfully violating
any provision of this chapter or any rule, regulation, requirement or order thereunder or
any term or condition of any certificate, permit or license for which a penalty is not otherwise
herein provided shall, upon conviction thereof, be fined not more than $100.00 for the first
offense and not more than $500.00 for any subsequent offense. Each day of such violation shall
constitute a separate offense. (b) If any motor carrier or broker operates in violation of
any provision of this chapter (except as to the reasonableness of rates, fares or charges
and discriminatory character thereof), or any rule, regulation or requirement, or order thereunder,
or of any term or condition of any certificate or permit, the commission or its duly authorized
agency may apply to the circuit court of the State of Alabama for any county where such motor
carrier or broker operates for the enforcement of such...
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37-9-28
Section 37-9-28 Duties of air carriers as to service, facilities, etc.; undue preferences and
advantages prohibited; extension of credit; commission to establish, enforce, etc., reasonable
rates, fares, etc.; proceedings as to validity of rates, fares, etc.; authority to prescribe
service and rates, fares, etc.; time tables. (a) It shall be the duty of every common carrier
by aircraft to provide and furnish intrastate transportation, as authorized by its certificate,
upon reasonable request to have and to provide reasonable through intrastate service in such
transportation in connection with other such carriers or with common carriers by railroad,
motor vehicles, express or water; to provide adequate and reasonable service, equipment, facilities,
waiting rooms and rest rooms, in connection with such transportation; to establish, observe
and enforce just and reasonable individual and joint rates, fares and charges and just and
reasonable classifications, rules, regulations and practices...
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40-23-4
sales of materials, equipment, and machinery that, at any time, enter into and become a component
part of ships, vessels, towing vessels or barges, or drilling ships, rigs or barges, or seismic
or geophysical vessels, other watercraft and commercial fishing vessels of over five tons
load displacement as registered with the U.S. Coast Guard and licensed by the State of Alabama
Department of Conservation and Natural Resources. Additionally, the gross proceeds from the
sale or sales of lifeboats, personal flotation devices, ring life buoys, survival craft
equipment, distress signals, EPIRB's, fire extinguishers, injury placards, waste management
plans and logs, marine sanitation devices, navigation rulebooks, navigation lights, sound
signals, navigation day shapes, oil placard cards, garbage placards, FCC SSL, stability instructions,
first aid equipment, compasses, anchor and radar reflectors, general alarm systems, bilge
pumps, piping, and discharge and electronic position fixing...
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37-3-10
Section 37-3-10 Certificate of public convenience and necessity - When required; application;
determination by commission. (a) No common carrier by motor vehicle subject to the provisions
of this chapter shall engage in intrastate commerce on any highway in this state unless there
is in force with respect to such carrier a certificate of public convenience and necessity
issued by the commission pursuant to the provisions of this chapter authorizing such operation.
The application for such certificate shall be decided in accordance with the procedure provided
in Section 37-3-11, and such certificate shall be issued or denied accordingly. No common
carrier of passengers holding a certificate of public convenience and necessity issued to
it by the commission shall be required to apply for a certificate under this chapter, but
such certificate held and effective shall be effective as if issued under this chapter, but
this shall not be construed or held to relieve the holder of such...
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37-3-20
Section 37-3-20 Tariffs of common carriers. (a) Every common carrier by motor vehicle shall
file with the commission and keep open to the public inspection tariffs showing all the rates,
fares and charges for transportation and all services in connection therewith of passengers
or property in intrastate commerce in the State of Alabama between points on its own route
and between points on its own route and points on the route of any other such carrier, or
on the route of any common carrier by railroad or express, or water, when a through route
and route and joint rate shall have been established. Such rates, fares and charges shall
be stated in terms of lawful money of the United States. The tariffs required by this section
shall be published, filed and posted in such form and manner and shall contain such information
as the commission by reasonable regulation shall prescribe; and the commission is authorized
to reject any tariff filed with it which is not in consonance with this...
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37-9-2
Section 37-9-2 Definitions. As used in this chapter, unless the context otherwise requires:
(1) AIR CARRIER. This term includes both a common carrier by aircraft and a contract carrier
by aircraft. (2) AIR COMMERCE. The carriage by aircraft of persons or property, or any class
or classes thereof, for compensation or hire in intrastate commerce in this state, including
such aircraft operations of carriers by rail, water or motor vehicle, and/or express or forwarding
companies, except pilot training, flight instruction, sale of property and services for aircraft,
engines and accessories. (3) AIRCRAFT. Any contrivance now known or hereafter invented, used,
or designed for navigation of or flight in the air. (4) BROKER. Any person not included in
the term "air carrier" and not a bona fide employee or agent of any such carrier,
who or which, as principal or agent, sells or offers for sale any transportation subject to
this chapter, or negotiates for or holds himself, or itself, out by...
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37-3-15
Section 37-3-15 Licensing and regulation of brokers. (a) No person shall for compensation sell
or offer for sale transportation subject to this chapter or shall make any contract, agreement
or arrangement to provide, procure, furnish or arrange for such transportation or shall hold
himself or itself out by advertisement, solicitation or otherwise as one who sells, provides,
procures, contracts or arranges for such transportation, unless such person holds a broker's
license issued by the commission to engage in such transactions; provided, that no such person
shall engage in transportation subject to this chapter unless he holds a certificate or permit
as provided in this chapter. In the execution of any contract agreement or arrangement to
sell, provide, procure, furnish or arrange for such transportation, it shall be unlawful for
such person to employ any carrier by motor vehicle who or which is not the lawful holder of
an effective certificate or permit issued as provided in this...
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25-4-10
situations); (v) In a position which, under or pursuant to the laws of this state or of an
Indian tribe, is designated as a major nontenured policymaking or advisory position or a policymaking
or advisory position the performance of the duties of which ordinarily does not require more
than 8 hours per week; or d. In a facility conducted for the purpose of carrying out a program
of rehabilitation for individuals whose earning capacity is impaired by age or physical or
mental deficiency or injury or providing remunerative work for individuals who because
of their impaired physical or mental capacity cannot be readily absorbed in the competitive
labor market by an individual receiving such rehabilitation or remunerative work; provided
however, if an individual's employment is otherwise characterized as employment under subsection
(a) and the individual is performing work under the Javits Wagner O'Day Act or a similar set-aside
program under the laws of the United States, the...
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37-3-13
Section 37-3-13 Contract carrier permits - Generally. (a) No person shall engage in the business
of a contract carrier by motor vehicle in intrastate commerce on any highway of this state
unless there is in force with respect to such carrier a permit issued by the commission, authorizing
such person to engage in such business. The application for such permit shall be decided in
accordance with the procedure provided for in subsection (b) of this section, and such permit
shall be issued or denied accordingly. (b) Application for such permits shall be made to the
commission in writing, be verified under oath and shall be in such form and contain such information
as the commission may, by regulation, require. Such application for permit shall be accompanied
by such proof of service of notice of said application and the filing thereof with the commission
as the commission shall by regulation require. Notice of such application by every contract
carrier of passengers shall be served upon...
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