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65 - INDEPENDENT AGENCIES - REGULATORY
407 - PUBLIC UTILITIES COMMISSION
CHAPTER 520 - UNSCHEDULED TOUR, CHARTER AND WATER TAXI SERVICES
IN CASCO BAY
SUMMARY: This rule establishes rules governing unscheduled
tours, charters and water taxi services in accordance with
35-A M.R.S.A. § 5101-E.
1. Purpose and Scope.
This rule establishes authorization, operation and
regulation for the provision of tour, charter and water taxi
services between the mainland of Cumberland County and Peaks
Island, Great Diamond Island, Little Diamond Island, Long
Island, Chebeague Island, or Cliff Island or between the
islands mentioned above, which comprise the franchise of the
Casco Bay Island Transit District and others as defined in
35-A M.R.S.A. § 5101.
2. Definitions.
A. Charter Provider. "Charter Provider" means a person or
entity that provides a Charter Service.
B. Charter Service. "Charter Service" means
i. an Unscheduled round trip in Casco Bay that
a. originates on the mainland and stops at one
or more point(s) on any of the Regulated
Islands, or
b. originates on one of the Regulated Islands
and stops at one or more point(s) on the
mainland or any of the other Regulated
Islands.
For each leg of the trip, all passengers will re-embark
at the same point as they disembarked;
ii. service that is provided under contract to a
single person, entity or group. Service will be
limited to members of that person/entity/group and
their accompanying hand luggage. No individual(s)
will be solicited and no individual ticket(s) will
be sold for any charter trip. The vessel used to
provide the service will remain dedicated to the
person/entity/group for the duration of the
charter, except as may be necessary to assist
other vessel(s) of the Charter Provider
experiencing mechanical difficulty.
iii. service at a rate which is not less than the
minimum tariff as defined in E(i) of this rule.
C. Ferry Provider. "Ferry Provider" means a person or
entity that provides a Ferry Service.
D. Ferry Service. "Ferry Service" means any
transportation service of passengers and/or freight in
Casco Bay stopping at one or more of the Regulated
Islands that is not a Charter Service, a Tour Service,
or a Water Taxi Service.
E. Minimum Tariff. "Minimum Tariff" means the following
with respect to Charter Service and Water Taxi Service:
i. Charter Service: The minimum charge for any
Charter Service shall not be less than the number
determined by multiplying (a) the then current
CBITD lowest cost round trip adult fare for the
furthest separated origination and termination
points times (b) the lesser of the capacity of the
vessel to be used to provide the Charter Service,
or 20.
ii. Water Taxi Service: Water Taxi Service shall be
provided at a flat rate regardless of the number
of passengers actually carried (not to exceed 6).
The flat rate shall not be less than the number
determined by multiplying the then current CBITD
round trip single ticket adult fare for the same
origination and termination points times 6.
F. Operator. "Operator" means a person or entity that
provides a Charter Service, Ferry Service, Tour
Service, or Water Taxi Service.
G. Regulated Islands. "Regulated Islands" means the
islands in Casco Bay of Chebeague, Cliff, Great
Diamond, Little Diamond, Long, and Peaks.
H. Tour Provider. "Tour Provider" means a person or
entity that provides a Tour Service.
I. Tour Service. "Tour Service" means an Unscheduled trip
in Casco Bay which originates on the mainland or one of
the regulated islands but does not stop at any of the
Regulated Islands or the mainland other than the point
of origination.
J. Unscheduled. "Unscheduled" means service that is
provided on demand, not pursuant to any published or
announced schedule, and not as a part of a pattern of
an Operator or Operators in providing transportation at
a regular or preset frequency.
K. Water Taxi Provider. "Water Taxi Provider" means any
person or entity that provides a Water Taxi Service.
L. Water Taxi Service. "Water Taxi Service" means an
on-demand, Unscheduled, one-way service in Casco Bay
at no less than the minimum tariff as defined in E(ii) of
this rule, that stops at one or more of the Regulated
Islands and which is provided for six or fewer
passengers and their accompanying hand luggage.
3. Authorization Required.
A. Tour service as defined by this rule is not subject to
regulation by the Commission under 35-A M.R.S.A. § 5101
et seq. and, therefore, no authorization from the
Commission is required to provide a Tour Service.
B. No person shall provide any Charter Service or Water
Taxi Service without first obtaining authorization from
the Commission.
i. All requests for authorization shall be made in
accordance with Sections 2 and 3(A)(1), of Chapter
510 of the Commission Rules of Practice and
Procedure.
ii. Copies of all application materials and tariffs
shall be mailed to The Casco Bay Island Transit
District, ("CBITD") at the same time they are
filed with the Commission. Each application filed
with the Commission shall be accompanied by a
certificate stating that a complete copy has been
mailed to CBITD.
iii. Authorization shall be granted by the Commission
if the authorization requested is for Charter
Service or Water Taxi Service as defined by this
rule.
No hearing shall be held on such application
unless an objection is filed within two weeks of
the filing of the application which demonstrates a
substantial need for a hearing, which requirement
may be satisfied by a prima facie showing that the
actual service to be provided will differ from the
authorization requested.
C. If service for which authorization is requested is not
Charter Service or Water Taxi Service as defined by
this rule, the application shall be treated as an
application for authorization as a Ferry Provider under
Title 35-A, M.R.S.A., § 5101 et seq. and this rule
shall not be applicable.
BASIS STATEMENT: The factual and policy basis for this rule is
set forth in the Commission's Statement of Factual and Policy
Basis and Order Adopting rule, Commission Docket No. 92-264,
issued on January 27, 1993. Copies of this Statement and Order
have been filed with this rule at the Office of the Secretary of
State. Copies may also be obtained from the Administrative
Director, Public Utilities Commission, 242 State Street, State
House Station #18, Augusta, Maine 04333-0018.
AUTHORITY: 35-A M.R.S.A. § 5101-E.
EFFECTIVE DATE: This rule was approved as to form and legality
by the Attorney General on February 3, 1993. It was filed with
the Secretary of State on February 3, 1993 and will be effective
on February 8, 1993.