2434 ARTICLE 56

Secs. 311-322 applied to prevent co-operative company from extending its route to
compete with private company. Co-operative Co. v. Pub. Serv. Commn., 168 Md. 98.

Secs. 311, 312 and 316 held to require co-operative trucking association to get permit.
Pub. Serv. Commn, v. Tidewater Exp. Lines, 168 Md. 581.

See notes to secs. 304, 312 and 315.

An. Code, 1924, sec. 259. 1924, ch. 291, sec. 195A. 1927, ch. 152, sec. 259.
1933, ch. 282, sec. 259.

312. All motor vehicles, except when used exclusively for hauling
milk to cooling stations or freight platforms in the counties, operating
intrastate for hire over the improved roads and streets of this State or any
county or municipality thereof on regular schedules or between fixed
termini, including those used by corporations, groups of individuals and
associations, engaged in the transportation of freight or merchandise of
their stockholders, shareholders or members, whether on the co-operative
plan or otherwise, shall be subject to the provisions of this sub-title and
shall file an application as provided in Section 311 above, or such appli-
cation; as may be required by the Public Service Commission and the Com-
missioner of Motor Vehicles and shall pay the same tax according to
classification provided in Section 311. The public duties of a common
carrier shall not be imposed on the owner of any such vehicle not actually
engaged in public transportation, nor shall the provisions of this Section
apply to motor vehicles operated by contract carriers carrying solid loads
of goods, wares or merchandise owned by one of their customers who hires
the exclusive use of the vehicle, and where the load is to be delivered to
one consignee and no return load be carried for any other consignor or
consignee on said trip, and no carrier can contract to deliver goods .under
this section with more than one consignor or consignee.

Secs. 311 and 312 and Art. 23, Sec. 349, do not give the Public Service Commission
jurisdiction over one transporting his own property. Public Service Comm. v. Bakery &
Dairy, 176 Md. 191.

This section constitutional exercise of legislative power. Under sec. 320 it is duty
of Commissioner of Motor Vehicles to prosecute violation; injunction denied. Public
business. See notes to art. 23, secs. 344 and 388. Rutledge Assn. v. Baughman, 153 Md.
298 (arose prior to Act 1927, ch. 152).

Bevard v. Baughman, 167 Md. 61.

See notes to sec. 311.

An. Code, 1924, sec. 260. 1912, sec. 196. 1916, ch. 714, sec. 2. 1927, ch. 152, sec. 260.

1933, ch. 282, sec. 260.

313. Except as hereinafter provided, each and every such motor
vehicle so registered shall operate only on the route and schedule set forth
in said application during the year for which said license is issued.

It shall be the duty of the Commissioner of Motor Vehicles, upon the
presentation of a permit from the Public Service Commission of Mary-
land, authorizing the motor vehicle owner to operate on a certain route,
to furnish the motor vehicle owner with a distinguishing plate or marker.

No such motor vehicle owner shall change said schedule or route of his
motor vehicle during any year for which a certificate has been issued,
without a permit, in writing, made in duplicate, from the Public Service
Commission of Maryland, a copy of which shall be sent to the Commis-
sioner of. Motor Vehicles before said schedule is changed.

Nothing in this sub-title shall be construed to prevent an owner or
operator of such regularly licensed vehicles from replacing in an emer-
gency such vehicles by a substitute vehicle in order to maintain the
schedule approved as herein provided, or in an emergency from operating,