Doyle Harms applied to his state’s Public Utilities Commission for a Class B permit authorizing performance as a common carrier. Doyle testified that it was not his intention to haul in a different direction than he was already going, stating in part:

No way, that’s not what I’m asking for. I’ve got enough business of my own, it’s just the times when you get done with a sale at the end of the day and you’ve got a half load and somebody else has a half load, then you’d be able to help each other out. It’s kind of the name of the game in my mind.

He also testified that the application was so he could haul cattle for his own customers. State law defines a common carrier as “a motor carrier which holds itself out to the general public as engaged in the business of transporting persons or property in intrastate commerce which it is accustomed to and is capable of transporting from place to place in this state, for hire.” Its property is “devoted to the public service.” Should Doyle Harms be issued a common carrier permit? [In re Harms, 491 NW2d 760 (SD)]