1994); RAM Broad. of Colorado v. Public Utils. Comm'n, 702 P.2d 746, 749 (Colo. 1985); De Lue v. Public Utils. Comm'n, 169 Colo. 159, 164, 454 P.2d 939, 941-42 (1969). Trigen and CIEA sought permissive intervention.
Any failure in that respect makes it civilly liable. . . . A common carrier is held to the highest degree of care." De Lue v. Public Utilities Com., 169 Colo. 159, 166-67 (Colo. 1969). Defendant Aspen argues that it is not a common carrier and therefore did not owe Plaintiff the duty of care ascribed thereto.
C.R.S. ยง 40-10-106. See, generally, De Lue v. Public Utils. Comm'n, 169 Colo. 159, 168, 454 P.2d 939, 943 (1969). Based on the salient provisions of its enabling statute and operating regulations, I conclude that the PUC's primary function and activity is certification, registration, and permitting of public utilities.
Quoting the predecessor of section 40-6-109, we explained that the statute "creates two classes that may participate in PUC proceedings: those who may intervene as of right and those whom the PUC permits to intervene." RAM Broadcasting, 702 P.2d at 749 (citing DeLue v. Public Utils. Comm'n, 169 Colo. 159, 454 P.2d 939 (1969), cert. denied, 396 U.S. 956). We determined in RAM Broadcasting that an existing "tone-only" paging service in Colorado Springs would be affected by a PUC grant of authority to a digital paging service "because a grant would allow additional competition for the ["tone-only"] paging business."
We accordingly affirm that part of the district court's judgment approving the second sentence of Rule 16(b) and Rule 17(b). Although the common carriers focus on some of our prior decisions for the proposition that protection of common carrier operations is a central purpose of the Contract Motor Carriers Act, see DeLue v. Public Utilities Commission, 169 Colo. 159, 454 P.2d 939, cert. denied, 396 U.S. 956 (1969); Public Utilities Commission v. Stanton Transportation Co., 153 Colo. 372, 386 P.2d 590 (1963); McKay v. Public Utilities Commission, 104 Colo. 402, 91 P.2d 965 (1939), both the Act and our cases make clear that "the business of contract carriers by motor vehicle is affected with a public interest." ยง 40-11-103, 17 C.R.S. (1984); see Stanton Transportation Co., 153 Colo. at 376, 386 P.2d at 594.
This provision creates two classes that may participate in PUC proceedings: those who may intervene as of right and those whom the PUC permits to intervene. DeLue v. Public Utilities Commission, 169 Colo. 159, 454 P.2d 939, cert. denied, 396 U.S. 956 (1969). Under the statute, the PUC has promulgated rule 7A.2.
More relevant is whether the permit holder holds himself out as ready to serve the entire area and accepts whatever freight the public tenders. De Lue v. Public Utilities Comm'n, 169 Colo. 159, 454 P.2d 939 (1969) cert. den. 396 U.S. 956, 90 S.Ct. 528, 24 L.Ed.2d 421 (1969); Hazard Express v. Hayes Freight Lines, 245 S.W.2d 585 (Ky. 1952); J.E. Bejin Cartage Co. v. Michigan Public Service Comm'n, 352 Mich. 139, 89 N.W.2d 607 (1958); Herrett Trucking Co. v. Washington Public Service Comm'n, 377 P.2d 871 (Wash. 1963); Lee Eastes, Inc. v. Public Service Comm'n, 52 Wn.2d 701, 328 P.2d 700 (1958).
See Neely v. Bd. of Trustees, Policemen's and Firemen's Retirement System, City of Wichita, 205 Kan. 780, 473 P.2d 72 (disability benefits denied without notice of hearing); Checker, Inc. v. Public Service Comm'n., 84 Nev. 623, 446 P.2d 981 (common carrier taxicabs allocated by ex parte order without notice to common carriers); McCarthy v. Coos Head Timber Co., 208 Ore. 371, 302 P.2d 238 (State Land Board leases tide and overflow lands without giving notice to holders of statutory preference right to lease or purchase the same lands). [4-6] In DeLue v. Public Utilities Comm'n., 169 Colo. 159, 454 P.2d 939, this court specifically stated that a private carrier, as distinguished from a common carrier, has no obligation to serve the public and thus, is not entitled to protection from competition. A private carrier, sometimes called a contract carrier, provides service at its convenience and subject to the negotiation of a satisfactory agreement between the private carrier and its customer. If the contract is breached by the customer, it has a remedy in the form of an action for breach of contract against the customer. If the contract expires, it thereafter has no legal right to its customer's business, unless, of course, it and the customer renew the contract.