271G-6 Exemptions, generally. Notwithstanding any other provisions of this chapter, its contents shall not apply to:

(1) Persons transporting their own property where the transportation is in furtherance of a primary business purpose or enterprise of that person except where the transportation is undertaken by a water carrier to evade the regulatory purposes of this chapter;

(2) Nonprofit agricultural cooperative associations to the extent that they engage in the transportation of their own property or the property of their members;

(3) Persons engaged in the transportation over water of passengers or property for compensation, other than transportation referred to in the definition of "water carrier" or "common carrier by water" in section 271G-5 under continuing contracts with one person or a limited number of persons for the furnishing of transportation services:

(A) Through the assignment of vessels for a continuing period of time to the exclusive use of each person served; or

(B) Designed to meet the distinct need of each individual customer;

(4) Persons transporting their own property or employees where the transportation is in furtherance of a business or enterprise of fishing or taking of fish for profit or gain as a means of livelihood; or

(5) Persons engaged in the business of transporting persons for sightseeing and other recreational activities. [L 1974, c 94, pt of 1; am L 2020, c 70, 23]

 

 

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