any payment for rides arranged through their Internet applications, or is voluntary “apps,” and not for compensation. The Commission rejected those arguments, and held that transportation furnished by business enterprises without charge is also “for the organization receives either an economic or business benefit. The compensation” if Commission explained, Although the phrase is not defined by PU “for compensation” Code § 5360, the plain-meaning interpretation of PU Code § 5360 in D.69231 (June 15, 1965) informs our decision in this proceeding. In D.69231, a skate arena owner was ordered to cease and desist transporting passengers to his skate arena until he obtained his TCP certificate. While the record was unclear as to whether the owner would charge a fee for the proposed service, the Commission determined that even if the transportation was for furnished by free, “transportation business enterprises without charge is also ‘for compensation’ if the organization sponsoring the trip receives a business The Commission reiterated this interpretation in benefit.” D.81805 (August 28, 1973) where we reasoned that was “it not necessary for the staff to prove that respondent actually received money consideration for the transportation in question. It is enough that he received an economic benefit.” Consistent with the interpretation of PU Code § 5360 in D.13-09-045 and Commission’s prior decisions, Z-permitting requirements applies even though Adesa Commission’s does not receive payment for its transportation services By providing its directly. customers transportation to and from its auction site, Adesa derives a business and economic benefit through the profits gained on the sales at its auctions. indirectly Therefore, because its transportation service is offered on a commercial enterprise basis, Adesa is not exempt from Commission jurisdiction. Furthermore, in addition to holding charter-party carrier status, transportation Adesa’s service falls within under PU Code § 5384 by providing “specialized carrier” status transportation services to its customers incidental to its auction business. PU Code § 5384(a) requires the Commission issue permits to passenger carrier operations that fall within the following categories: Specialized carriers, who do not hold themselves out to serve the general public, but only provide service under contract with industrial and business firms, governmental agencies, and private schools, or who only transport agricultural workers to and from farms for compensation, or who only
any payment for rides arranged through their Internet applications, or “apps,” is voluntary and not for compensation. The Commission rejected those arguments, and held that transportation furnished by business enterprises without charge is also “for compensation” if the organization receives either an economic or business benefit. The Commission explained, Although the phrase “for compensation” is not defined by PU Code § 5360, the plain-meaning interpretation of PU Code § 5360 in D.69231 (June 15, 1965) informs our decision in this proceeding. In D.69231, a skate arena owner was ordered to cease and desist transporting passengers to his skate arena until he obtained his TCP certificate. While the record was unclear as to whether the owner would charge a fee for the proposed service, the Commission determined that even if the transportation was for free, “transportation furnished by business enterprises without charge is also ‘for compensation’ if the organization sponsoring the trip receives a business benefit.” The Commission reiterated this interpretation in D.81805 (August 28, 1973) where we reasoned that “it was not necessary for the staff to prove that respondent actually received money consideration for the transportation in question. It is enough that he received an economic benefit.” Consistent with the Commission’s interpretation of PU Code § 5360 in D.13-09-045 and prior decisions, Commission’s Z-permitting requirements applies even though Adesa does not receive payment for its transportation services directly. By providing its customers transportation to and from its auction site, Adesa derives a business and economic benefit indirectly through the profits gained on the sales at its auctions. Therefore, because its transportation service is offered on a commercial enterprise basis, Adesa is not exempt from Commission jurisdiction. Furthermore, in addition to holding charter-party carrier status, Adesa’s transportation service falls within “specialized carrier” status under PU Code § 5384 by providing transportation services to its customers incidental to its auction business. PU Code § 5384(a) requires the Commission issue permits to passenger carrier operations that fall within the following categories: Specialized carriers, who do not hold themselves out to serve the general public, but only provide service under contract with industrial and business firms, governmental agencies, and private schools, or who only transport agricultural workers to and from farms for compensation, or who only