Section 238 Of Chapter 1. General Provisions And Definitions From California Public Utilities Code >> Division 1. >> Part 1. >> Chapter 1.
238
. (a) "Vessel" includes every species of watercraft, by
whatsoever power operated, which is owned, controlled, operated or
managed for public use in the transportation of persons or property,
except rowboats, sailing boats, barges under 20 tons dead weight
carrying capacity, and vessels which are both under the burden of
five tons net register and under 30 feet in length. However, a vessel
which is under the burden of five tons net register but is 30 or
more feet in length is not a "vessel" for the purpose of this section
if it is used to provide ship-to-shore services by which stores,
supplies, spares, passengers, or crew of oceangoing ships are
transported to or from ship and shore and payment for such services
is made by, or arranged through, the oceangoing shipping company
(commonly referred to as water taxi services).
(b) Nothing in this code except those provisions relating to the
regulation of rates shall apply to the transportation by a water
carrier of commodities in bulk when the cargo space of the vessel in
which such commodities are transported is being used for the carrying
of not more than three such commodities. This subsection shall apply
only in the case of commodities, in bulk which are loaded and
carried without wrappers or containers and received and delivered by
the carrier without transportation mark or count. For the purposes of
this subsection two or more vessels while navigated as a unit shall
be considered to be a single vessel.
(c) Nothing in this code shall apply to the transportation by
water of liquid cargoes in bulk in tank vessels designed for use
exclusively in such service.
(d) Any person or corporation lawfully engaged in business in the
transportation of persons or property during the entire one-year
period preceding March 1, 1993, and continuously thereafter, and
which, solely by virtue of the amendment to subdivision (a) made by
the act that adds this subdivision, will become subject to commission
regulation as a common carrier by vessel, shall file with the
commission, prior to March 1, 1994, an application for a certificate
of public convenience and necessity to operate as a common carrier by
vessel. However, in lieu of all other fees required by law, the
applicant shall pay a fee of fifty dollars ($50). The commission
shall issue the certificate without further proceedings authorizing
operation over the specific routes or within the specific area which
conforms to proof of actual service in the transportation of persons
or property as produced by the applicant with respect to its
operations during the entire one-year period preceding March 1, 1993,
and continuously thereafter.