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38.3.101   GENERALLY
(1) The rules in chapter 3 shall apply to the enforcement of and compliance with the Montana Motor Carrier Act ( 69-12-101, et seq., MCA). All statutory authority cited in chapter 3 is derived from the Montana Code Annotated, as amended, unless otherwise indicated.
History: Sec. 69-12-201, MCA; IMP, Secs. 69-12-101, et seq. , MCA, Eff. 12/31/72.

38.3.102   DEFINITIONS
(1) Definitions of terms as utilized under the Montana Motor Carrier Act generally shall be that meaning as utilized within the motor carrier industry or utilized by this commission in prior commission policy.
History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-101, et seq. , MCA, Eff. 12/31/72.

38.3.103   VICINITY, TRIBUTARY, RADIUS, BETWEEN
(1) Unless otherwise specified the following words, terms and phrases used in the orders, certificates and permits issued by the commission shall be given the following meanings:

(a) The words, "adjacent to," "vicinity," "immediate vicinity" and "immediately tributary thereto" mean a distance not over ten miles from the point designated.

(b) The words "tributary thereto" mean a distance not over 50 miles from the point designated.

(c) The word "miles" means road miles and not straight line or "air miles," including when used in conjunction with "radius."

(d) The measure of "radius" or distance shall be by public roads and highways and not by straight line or by "air miles." All applications must be accompanied by maps showing distances by road or highway. The origin point of such "radius" is deemed to be the principal federal building in the municipality, town or community enumerated within the operating certificate. However, in the absence of such "principal federal building," the United States post office building of any municipality, town or community is deemed the origin point for determining the mileage of such "radius." In the event any "radius" arises from the geographical description of a county, then the origin point of such radius is deemed the point of intersection of the county line and the public highway being traversed.

(e) Unless otherwise specified, an order, certificate or permit granting authority to transport persons or property to or from places within a specified radius of distance tributary to a specified city, town or place does not authorize transportation within such radius or distance, unless either the point of origin or destination is the specified city, town or place.

(f) The word "between" in certificates authorizing common carrier regular route service between fixed termini, includes all intermediate points unless a specific exclusion or limitation appears in such certificates.

History: Sec. 69-12-201, MCA; IMP, Secs. 69-12-101, et seq. , MCA; Eff. 12/31/72; AMD, 1992 MAR p. 2647, Eff. 12/11/92.

38.3.104   "CONTRACT" VS. "COMMON" CARRIER

(1) A "contract" carrier is one who hauls for six or less than six shippers under contract or special agreement.

(2) A "common" carrier is one who holds himself out to serve all the general public for business at regular rates and charges filed with this commission.

(3) A "contract" carrier may convert to a "common" carrier only through proper application and opportunity for hearing as provided in 69-12-312 and 69-12-321, MCA.

(4) A transportation network carrier is neither a contract carrier nor a common carrier.

History: 69-12-201, MCA; IMP, 69-12-302, MCA; Eff. 12/31/72; AMD, 1990 MAR p. 1263, Eff. 6/29/90; AMD, 2015 MAR p. 1276, Eff. 8/28/15.

38.3.105   DEFINITION OF VEHICLES DELIVERED BY TRAILAWAY OR TRUCKAWAY

This rule has been repealed.

History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-101(7), MCA; Eff. 12/31/72; REP, 1996 MAR p. 1568, Eff. 6/7/96.

38.3.106   COMMERCIAL, AREA EXEMPTION
(1) For the purposes of applying the exemption from the Montana Motor Carrier Act contained in 69-12-102(d) , MCA, the term "commercial areas" shall include all points within a distance not exceeding two miles from the post office of any city, town or village with a population of less than 500 persons, according to the latest United States census.

 

Rules 7

History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-102(d), MCA; Eff. 12/31/72.

38.3.116   TRANSPORTING FOR HIRE ON A COMMERCIAL BASIS

(1) Every motor carrier as defined within the Montana Motor Carrier Act (69-12-101, MCA) is deemed to be in the business of transporting people or property for hire on a commercial basis upon the public highways of the state of Montana. Any business venture or business transaction inconsistent with the status of the carrier as providing common carriage, contract carriage, or transportation network carrier service, is deemed not within the interest of providing and maintaining a public transportation system and is prohibited. Such business ventures or transactions include transportation movements of private carriage, so-called "buy and sell" agreements, or operating under so-called "brokerage agreements," and are prohibited.

History: 69-12-201, MCA; IMP, 69-12-106, MCA; Eff. 12/31/72; AMD, 2015 MAR p. 1276, Eff. 8/28/15.

38.3.117   IDENTIFICATION OF VEHICLE

This rule has been repealed.

History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-408, 12/31/72; REP, 1990 MAR p. 1263, Eff. 6/29/90.

38.3.118   LOST OR MISPLACED OPERATING AUTHORITY
(1) When an original or copy of the certificate or permit is lost, the owner may have it replaced by making an affidavit of the facts surrounding the loss and applying to the commission for a duplicate.
History: Sec. 69-12-201, MCA; IMP, Secs. 69-12-101, et seq. , MCA; Eff. 12/31/72.

38.3.119   COPIES OF COMMISSION RULES

This rule has been repealed.

History: Sec. 69-12-201, MCA; IMP, Secs. 69-12-101, et seq. , MCA; Eff. 12/31/72; REP, 1983 MAR p. 1735, Eff. 11/26/83.

38.3.120   FAILURE OF ANY OWNER, DRIVER OR OPERATOR TO COMPLY WITH RULES
(1) Failure on the part of any owner, driver or operator of a motor vehicle to comply with chapter 3 and the requirements of the Montana Code Annotated and acts amendatory thereof and supplemental thereto covering motor vehicles, will be a sufficient cause for the commission in its discretion, to revoke a certificate or permit.
History: Sec. 69-12-201, MCA; IMP, Secs. 69-12-327, 69-12-401 and 69-12-402, MCA; Eff. 12/31/72.

38.3.121   FILING BUSINESS ADDRESSES AND TELEPHONE NUMBERS
(1) All intrastate and interstate motor carriers shall maintain current business mailing addresses and business telephone numbers on file with the commission at all times.   Intrastate motor carriers shall also maintain on file with the commission at all times a current business address where the business records of the carrier are maintained and may be inspected by the commission or its personnel.
History: Secs. 69-12-201 and 69-12-204, MCA; IMP, Secs. 69-12-201 and 69-12-204, MCA; NEW, 1983 MAR p. 1735, Eff. 11/26/83.

38.3.122   BONA FIDE FARMER, RANCHER, OR RAISER OF LIVESTOCK

This rule has been repealed.

History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-405, MCA; NEW, 1983 MAR p. 1735, Eff. 11/26/83; REP, 1996 MAR p. 1568, Eff. 6/7/96.

38.3.124   RECEIPT CONTENT

(1) For purposes of this rule, "receipt" has its common meaning and also includes a bill of lading, trip ticket, log sheet, and like documents or records evidencing a transportation movement.

(2) When a commission-regulated motor carrier provides a receipt to a shipper or a passenger or maintains a receipt for its own records, whether required by law to do so or does so as a matter of policy, the receipt shall include sufficient information that the commission can readily determine that charges are in accordance with the motor carrier's tariffs, if applicable, and that the movement is within the scope of the motor carrier's authority.

History: 69-12-201, MCA; IMP, 69-11-421, 69-12-203, MCA; NEW, 1996 MAR p. 1567, Eff. 6/7/96; AMD, 2015 MAR p. 1276, Eff. 8/28/15.

38.3.130   MEANING AND EFFECT OF CLASS D LANDFILL CLOSURE PROVISION
(1) For purposes of this rule "landfill closure provision" means a provision within a Class D motor carrier authority which states "carrier is allowed to transport authorized commodities to certified landfills from the territory authorized," or a reasonable variation of that specific statement, and which has been inserted into a Class D authority on the commission's own motion or on request, and which has the purpose of preventing the underlying Class D authority from becoming meaningless in the event that, through closure or other restriction, a landfill within the territory authorized in the underlying Class D authority becomes unavailable to accept solid waste transported by the Class D carrier.

(2) A landfill closure provision does not negate or modify any origination point, termination point, or other point-specific terms, route-specific terms, or other specific terms and conditions of the underlying authority, such as "between" and "to-and-from" requirements, whether the terms are stated in the body of the Class D authority or in limitations attached to the Class D authority.   A landfill closure provision merely allows a transportation movement, otherwise authorized by the underlying Class D authority and executed in strict compliance with the underlying Class D authority, which would have been a lawful transportation movement to a certified landfill but for closure or restriction of that landfill, to extend to and terminate at any certified landfill.

(3) In Class D motor carrier authorities which include a required termination point the landfill closure provision allows continuation of the movement from the termination point to a certified landfill if the movement to the termination point is otherwise authorized by and executed in strict compliance with the underlying Class D authority and regardless of whether a landfill existed within the termination point at any time.

History: 69-12-201, MCA; IMP, 69-12-201, MCA; NEW, 1999 MAR p. 2455, Eff. 10/22/99; AMD, 2000 MAR p. 2047, Eff. 7/28/00.

38.3.201   VEHICLE REGISTRATION FEE

(1) Class A, B, C, and D motor carriers must pay an annual per vehicle registration fee for which a registration receipt will be issued, a copy of which shall be carried in each vehicle at all times.

History: 69-12-201, MCA; IMP, 69-12-106, 69-12-108, 69-12-201, 69-12-325, 69-12-326, 69-12-401, 69-12-407, 69-12-421, 69-12-423, 69-12-501, 69-12-503, 69-12-504, 69-12-611, 69-12-612, MCA; Eff. 12/31/72; AMD, Eff. 11/5/74; AMD, 1984 MAR p. 1129, Eff. 8/17/84; AMD, 1985 MAR p. 2014, Eff. 12/27/85; AMD, 1994 MAR p. 964, Eff. 4/15/94; AMD, 2015 MAR p. 1276, Eff. 8/28/15.

38.3.202   INTERSTATE AND FOREIGN CARRIERS

This rule has been repealed.

History: Sec. 69-12-201, MCA; IMP, Secs. 69-12-103, 69-12-201, 69-12-501, 69-12-502, 69-12-503, 69-12-504, 69-12-327, 69-12-401, 69-12-421, 69-12-423 and 69-12-106, MCA; Eff. 12/31/72; AMD, Eff. 11/5/74; AMD, 1984 MAR p. 1129, Eff. 8/17/84; AMD, 1985 MAR p. 2014, Eff. 12/27/85; AMD, 1994 MAR p. 964, Eff. 4/15/94; REP, 1996 MAR p. 1568, Eff. 6/7/96.

38.3.203   REGISTRATION OF INTRASTATE, INTERSTATE, AND FOREIGN AUTHORITIES

This rule has been repealed.

History: Secs. 69-12-201 and 69-12-204, MCA; IMP, Secs. 69-12-103, 69-12-401 and 69-12-402, MCA; NEW, Eff. 11/5/74; AMD, 1983 MAR p. 1736, Eff. 11/26/83; AMD, 1984 MAR p. 1129, Eff. 8/17/84; AMD, 1994 MAR p. 964, Eff. 4/15/94; REP, 1996 MAR p. 1568, Eff. 6/7/96.

38.3.204   INTERSTATE COMMERCE COMMISSION RULES
(1) By reference, this commission hereby adopts the rules of the interstate commerce commission codified as part 1023 of title 49 of the code of federal regulations, as amended from time to time.
History: Sec. 69-12-201, MCA; IMP, Secs. 69-12-101, et seq. , MCA; NEW, Eff. 11/5/74; AMD, 1994 MAR p. 964, Eff. 4/15/94.

38.3.205   TRIP PERMITS
(IS HEREBY REPEALED)
History: Sec. 69-12-201, MCA; IMP, Secs. 69-12-201 and 69-12-421, MCA; NEW, 1988 MAR p. 276, Eff. 2/12/88; REP, 1994 MAR p. 964, Eff. 4/15/94.

38.3.301   JURISDICTIONAL POLICY
(1) It is declared to be the policy of the public service commission that urban transportation districts created in accordance with 7-14-201 et seq., MCA, are not under the regulatory jurisdiction of the public service commission as such districts are not persons or corporations as defined in 69-12-101 (8) and (4) , MCA, and therefore do not come within the meaning of motor carriers as defined in 69-12-201 , MCA, which are subject to public service commission regulation.
History: Sec. 2-4-501, MCA; IMP, Sec. 69-12-101(4), (6) and (8), MCA; NEW, 1982 MAR p. 294, Eff. 2/12/82.

38.3.401   COMPLETION OF APPLICATIONS

(1) Applications for operating authority shall be in conformity with the requirements of the Montana Motor Carrier Act.

(2) Application forms for operating authority must be submitted on a form supplied by this commission.

(3) The application form must be completed, signed by the proper party and notarized.

 

History: 69-12-201, MCA; IMP, 69-12-311, 69-12-312, 69-12-313, 69-12-314, MCA; Eff. 12/31/72; AMD, 1991 MAR p. 1724, Eff. 9/13/91; AMD, 2015 MAR p. 1276, Eff. 8/28/15.

38.3.402   APPLICATION AND PROTEST FEES

(1) Every application for operating authority and every protest to application for operating authority must be accompanied by the appropriate filing fee:

(a) The application fee for a certificate of public convenience and necessity or for a certificate of compliance is $500, $300 to be refunded by the commission if the application does not proceed to hearing.

(b) The application fee for a certificate of public convenience and necessity or for a certificate of compliance under a federal or state contract, as provided under 69-12-324, MCA, is $100.

(c) The fee for a protest of an application for a certificate of public convenience and necessity or for a certificate of compliance is $500.

(d) If a written request for the withdrawal of a protest is received by the commission at least two business days before the scheduled hearing, the protest fee will be refunded by the commission.

History: 69-12-201, MCA; IMP, 69-12-311, 69-12-312, 69-12-313, 69-12-314, 69-12-324, MCA; Eff. 12/31/72; AMD, 1977 MAR p. 137, Eff. 8/5/77; AMD, 1991 MAR p. 1724, Eff. 9/13/91; AMD, 2000 MAR p. 1668, Eff. 6/30/00; AMD, 2004 MAR p. 2931, Eff. 12/3/04; AMD, 2011 MAR p. 2420, Eff. 1/1/12; AMD, 2015 MAR p. 1276, Eff. 8/28/15.

38.3.403   POSSESSION OF CERTIFICATES AND PERMIT
(1) The original certificate and/or permit issued by the commission subsequent to commission order will be retained in the carrier's file in the commission office in Helena, Montana, with copies of the same forwarded to the carrier.

History: 69-12-201, MCA; IMP, 69-12-101, et seq. , MCA; Eff. 12/31/72.

38.3.404   NOTICE OF PUBLIC HEARING ON APPLICATION FOR OPERATING AUTHORITY
(1) If it is necessary to conduct a public hearing on the application of a motor carrier for a certificate of operating authority, individual notice of the public hearing will be provided to only the applicant and the protestants to the application, except as otherwise required by law.

History: 69-12-201 and 69-12-204, MCA; IMP, 69-12-321 and 69-12-322, MCA; NEW, 1983 MAR p. 1735, Eff. 11/26/83.

38.3.405   COMPLETION OF PROTEST TO APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY

(1) Persons protesting an application for a certificate of public convenience and necessity must include in the protest:

(a) a statement that the application is being protested in whole or in part and, if being protested only in part, a statement of the limitations of the protest;

(b) an identification of the specific application-proposed service areas in which a protesting motor carrier perceives a service conflict;

(c) a statement of the protesting motor carrier's annual revenues received for services provided in the specific application-proposed service areas in which the protesting motor carrier perceives a service conflict.

(2) The protest must be sworn to as true and correct and signed by the protestant before a notary public.

(3) In addition to filing before the commission, a copy of the protest must be served on the applicant.

 

History: 69-12-201, MCA; IMP, 69-12-311, 69-12-312, 69-12-313, 69-12-314, 69-12-321, MCA; NEW, 2004 MAR p. 2931, Eff. 12/3/04; AMD, 2015 MAR p. 1276, Eff. 8/28/15.

38.3.406   COMPLETION OF PROTEST TO APPLICATION FOR CERTIFICATE OF COMPLIANCE

(1) Persons protesting an application for a certificate of compliance must include in their protests a statement providing the basis of the protestant's belief that the applicant is not able to meet the requirements of 69-12-415, MCA.

(2) A protestant challenging the rebuttable presumption that an applicant who has demonstrated compliance with the commission's insurance, bonding, and security requirements meets the requirements of 69-12-415, MCA, will not be successful unless the protestant provides compelling evidence to the commission either:

(a) that, contrary to the evidence in the application, the applicant has not complied with the commission's insurance, bonding, and security requirements; or

(b) that the applicant, for other reasons, is not fit, willing, and able to perform the service. Other reasons may include, but are not limited to, the criminal history or driving record of the applicant if such history or record is relevant to the issue of public safety.

(3) The protest must be sworn to as true and correct and signed by the protestant before a notary public.

(4) In addition to filing before the commission, a copy of the protest must be served on the applicant.

History: 69-12-201, 69-12-321, 69-12-415, MCA; IMP, 69-12-201, 69-12-321, 69-12-415, MCA; NEW, 2015 MAR p. 1276, Eff. 8/28/15.

38.3.501   STATUTORY AUTHORITY

This rule has been repealed.

History: 69-12-201, MCA; IMP, 69-12-207, MCA; NEW, Eff. 2/5/74; REP, 2015 MAR p. 1276, Eff. 8/28/15.

38.3.502   APPLICATIONS FOR TEMPORARY OPERATING AUTHORITY

(1) All temporary operating authority applications shall be in writing and filed with this commission at its offices in Helena, Montana.

(2) Any application for temporary operating authority must be filed in conjunction with an application for permanent operating authority.

(3) A separate application and application fee must be filed for each temporary operating authority sought.

(4) Fees applicable to permanent operating authority as provided in ARM 38.3.402(1) are applicable to requests for temporary operating authority and are to be paid as provided in ARM 38.3.801(2) .

(5) No particular form requesting temporary operating authority need be utilized, however, the specific commodity or commodities to be transported and the points or areas to be served should be expressly and clearly indicated.

History: 69-12-201 and 69-12-204, MCA; IMP, 69-12-207, MCA; NEW, Eff. 2/5/74; AMD, 1983 MAR p. 1736, Eff. 11/26/83; AMD, 1984 MAR p. 1129, Eff. 8/17/84.

38.3.503   SUPPORTING AFFIDAVITS
(1) Each application for temporary authority must be accompanied by a supporting affidavit(s) designed to establish an immediate and urgent need for service which cannot be met by existing carriers.

(2) Each such shipper's affidavit must contain a certification of its accuracy and must be signed by the person (or an authorized representative thereof) having such immediate and urgent need for motor carrier service.

(3) Any such supporting affidavit must contain at least the following information:

(a) Description of the specific commodity or commodities to be transported (where the transportation of property is involved) .

(b) Points or areas to, from, or between which such commodities or passengers are to be transported. (If service is needed to or from a territory or area, rather than a specific point or points, clearly describe such territory or area and furnish evidence of a broad need to justify the territorial grant of authority requested.)

(c) Volume of traffic involved, frequency of movement, and how transported now and in the past.

(d) How soon the service must be provided and the reasons for such time limit.

(e) How long the need for such service likely will continue, and whether the persons supporting the temporary application will support a permanent service application.

(f) Recital of the consequences if service is not made available.

(g) The circumstances which created an immediate and urgent need for the requested service.

(h) Whether efforts have been made to obtain the service from existing motor, rail, or water carriers, and the dates and results of such efforts.

(i) Names and addresses of existing carriers who have either failed or refused to provide the service, and the reasons given for any such failure or refusal.

(j) Name and address of motor carrier who will provide service and is filing application for temporary authority.

(k) If the person supporting the application has supported any prior application for permanent or temporary authority covering all or any part of the desired service, give the carrier's name, address, and motor carrier docket number, if known, and state whether such application was granted or denied and the date of such action, if known.

History: 69-12-201, MCA; IMP, 69-12-207, MCA; NEW, Eff. 2/5/74.

38.3.504   NOTICE TO INTERESTED PERSONS

(1) Notice of the filing of temporary authority applications shall be given by U.S. mail or in person to all persons the commission, in its opinion, believes would be interested.

(2) No notice is required prior to initially granting temporary authority for 30 days or less.

 

 

History: 69-12-201, MCA; IMP, 69-12-207, MCA; NEW, Eff. 2/5/74.

38.3.505   FILING OF PROTESTS
(1) Any interested person who can and will provide all or any part of the proposed service may file a protest against the application. Such protest must be specific as to the service which such protestant can and will offer and must consist of a signed original which must be filed with the commission in Helena, Montana within 15 calendar days after the service date shown on the notice. One copy of such protest must be served on the applicant or its authorized representative, if any, by U.S. mail or in person. Thereafter the commission may grant temporary authority with extensions, but in no case shall a grant of temporary authority exceed an aggregate of 120 days.

History: 69-12-201, MCA; IMP, 69-12-207, MCA; NEW, Eff. 2/5/74.

38.3.506   GENERAL COMPLIANCE WITH MONTANA LAW
(1) A carrier may not lawfully perform transportation under a grant of temporary authority unless and until compliance has been made with all requirements of the Montana Motor Carrier Act and the rules and regulations promulgated thereunder.

History: 69-12-201, MCA; IMP, 69-12-207, MCA; NEW, Eff. 2/5/74.

38.3.601   OPERATION UPON GRANTING OF CERTIFICATE

(1) Every person or corporation who is granted a certificate of public convenience and necessity or a certificate of compliance to operate as a motor carrier by the commission must within 30 days after the date of the issuance of the order to grant the certificate comply with all rules and regulations of the commission and the laws of the state of Montana necessary to begin actual operations as a motor carrier.

(2) If a motor carrier fails to meet the necessary operating compliance within the required time period, the failure may result in the revocation of the certificate of public convenience and necessity or the certificate of compliance granted by the commission to the person or corporation. 

History: 69-12-201, 69-12-204, MCA; IMP, 69-12-101, et seq., 69-12-327, 69-12-401, 69-12-402, MCA; Eff. 12/31/72; AMD, 1983 MAR p. 1736, Eff. 11/26/83; AMD, 2009 MAR p.1417, Eff. 8/14/09; AMD, 2015 MAR p. 1276, Eff. 8/28/15.

38.3.602   OPERATION AFTER SALE OR TRANSFER OF CERTIFICATE

(1) Every person or corporation who, with the approval of the commission, procures any right, privilege, certificate of public convenience and necessity, or certificate of compliance as a motor carrier either by sale, assignment, lease, transfer, or inheritance must within 30 days after the mailing of the notice of such approval by the commission, comply with all rules and regulations of the commission and the laws of the state of Montana necessary to begin actual operations as a motor carrier.

(2) If a motor carrier fails to meet the necessary operating compliance within the required time periods, the failure may result in the revocation of the right, privilege or certificate held by the motor carrier.

History: 69-12-201, 69-12-204, MCA; IMP, 69-12-101, et seq., 69-12-327, 69-12-401, 69-12-402, MCA; Eff. 12/31/72; AMD, 1983 MAR p. 1736, Eff. 11/26/83; AMD, 2009 MAR p. 1417, Eff. 8/14/09; AMD, 2015 MAR p. 1276, Eff. 8/28/15.

38.3.603   INTERRUPTION AND DISCONTINUANCE OF OPERATIONS

(1) All temporary discontinuances or interruptions of regular scheduled passenger service shall be reported promptly in writing to the commission with a full statement of the cause thereof and their probable duration and, as soon as known to the carrier, shall be reported forthwith to all ticket agents of the carrier along the route affected who shall notify the public by posting same forthwith on their bulletin boards together with their probable duration.

(2) Discontinuance of Class A or Class B service for a period of five consecutive days without notice to the commission shall be deemed a forfeiture of all right secured under and by virtue of any order or permission to operate; provided, however, that the commission may permit the resumption of operation after such five days' discontinuance on proper showing that the carrier was not responsible for the failure to give service.

(3) No Class A or Class B motor carrier shall discontinue the service called for under its certificate, and time schedule filed thereunder, without first having given to the commission and to the public, at least ten days' notice in writing of its intention to discontinue such service, and having secured from the commission permission to do so.

History: 69-12-201, MCA; IMP, 69-12-403, MCA; Eff. 12/31/72.

38.3.701   EVIDENCE OF INSURANCE REQUIRED

(1) Pursuant to the requirements of statute concerning insurance coverage (69-12-402, MCA), every intrastate motor carrier regulated by the Montana Motor Carrier Act must file with this commission evidence of insurance prior to any intrastate motor carrier operations upon the public highways of this state.

(2) Failure to file the appropriate insurance will prohibit any intrastate carrier from conducting a transportation movement on the highways of this state.

History: 69-12-201, MCA; IMP, 69-12-402, MCA; Eff. 12/31/72; AMD, 1985 MAR p. 2014, Eff. 12/27/85; AMD, 2015 MAR p. 1276, Eff. 8/28/15.

38.3.702   BODILY INJURY AND PROPERTY DAMAGE LIABILITY INSURANCE

(1) Every class A, B, C, and D intrastate carrier must file with this commission evidence of complying with the minimum insurance requirements of this commission as applicable to bodily injury and property damage liability insurance.

(2) For the purposes of this subchapter "bodily injury" shall include death.

(3) Every class E carrier must file with the commission evidence of compliance with the insurance requirements of 69-12-343, MCA.

History: 69-12-201, MCA; IMP, 69-12-402, MCA; Eff. 12/31/72; AMD, 1979 MAR p. 487, Eff. 5/25/79; AMD, 1985 MAR p. 2014, Eff. 12/27/85; AMD, 1990 MAR p. 1263, Eff. 6/29/90; AMD, 1991 MAR p. 1724, Eff. 9/13/91; AMD, 1993 MAR p. 2966, Eff. 12/10/93; AMD, 2015 MAR p. 1276, Eff. 8/28/15.

38.3.703   CARGO INSURANCE

(1) Each class A or class B household goods intrastate carrier must file with this commission evidence of complying with the minimum insurance requirements of this commission as applicable to cargo insurance.

History: 69-12-201, MCA; IMP, 69-12-402, MCA; Eff. 12/31/72; AMD, 1979 MAR p. 487, Eff. 5/25/79; AMD, 2011 MAR p. 2420, Eff. 1/1/12.

38.3.704   AUTHORIZED INSURANCE COMPANIES AND CERTIFICATES OF INSURANCE
(1) Policies of insurance in regard to bodily injury and property damage liability and cargo insurance, proof of which are submitted to this commission by way of certificates of insurance must be written by insurance companies who are authorized to conduct business within the state of Montana, as required by the state commissioner of insurance.

(2) Insurance policies themselves need not be filed.

(3) Certificates of insurance must be filed with the commission. All certificates of insurance submitted by insurance companies on behalf of the respective carriers must be executed by an authorized company representative.

History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-402, MCA; Eff. 12/31/72; AMD, 1979 MAR p. 487, Eff. 5/25/79; AMD, 1987 MAR p. 1345, Eff. 8/14/87; AMD, 1990 MAR p. 1263, Eff. 6/29/90.

38.3.705   FORMS FOR CERTIFICATE OF INSURANCE

(1) The following forms shall be utilized by the department and may be obtained from the commission:

(a) Form K. Uniform notice of cancellation of motor carrier insurance policies, stock form K.

(b) Form H. Uniform motor carrier cargo certificate of insurance.

(c) Form E. Uniform motor carrier bodily injury and property damage liability certificate of insurance for use by class A, B, C, and D motor carriers.

(d) Form T. Uniform bodily injury and property damage liability certificate of insurance for use by class E transportation network carriers.

History: 69-12-201, MCA; IMP, 69-12-402, MCA; NEW, 1979 MAR p. 487, Eff. 5/25/79; AMD, 1985 MAR p. 2014, Eff. 12/27/85; AMD, 1987 MAR p. 1345, Eff. 8/14/87; AMD, 2011 MAR p. 2420, Eff. 1/1/12; AMD, 2015 MAR p. 1276, Eff. 8/28/15.

38.3.706   ENDORSEMENTS

(1) All insurance policies issued by the insurance company to the carrier must include, at time of issuance, the terms, conditions, and requirements set forth in this rule and repeated on endorsement forms approved by the commission and identified as "Endorsement MV4," "Endorsement MV2," and "Endorsement MV-TNC" available from the commission.

(2) The following terms, conditions, and requirements are deemed a substantive part of all policies issued, and are incorporated therein:

(a) Cargo insurance for household goods carriers (Endorsement MV2) shall be issued in an amount no less than $10,000.

(b) Casualty (liability) insurance for class A, B, C, and D carriers (Endorsement MV4) shall be issued in an amount no less than:

(i) $100,000 for 7 passengers or less;

(ii) $500,000 for 8 to 15 passengers;

(iii) $750,000 for 16 to 26 passengers;

(iv) except any class A or B motor carrier, other than as provided in (b)(i), operating under a certificate of public convenience and necessity or certificate of compliance authorizing passenger operations only within a particular city or 10-mile radius is required to carry a minimum of $500,000 insurance regardless of size of vehicle used;

(v) $100,000 for transportation of nonhazardous freight in a vehicle designed, equipped, and primarily intended for transportation of seven passengers or less or a vehicle of manufacturer's GVW rating of 10,000 pounds or less designed, equipped, and primarily intended for transportation of cargo;

(vi) $500,000 for transportation of nonhazardous freight for all other vehicles.

(c) Liability insurance for class E carriers (Endorsement MV-TNC) shall be issued as specified in 69-12-343, MCA.

(3) These endorsements must be executed, countersigned, and attached to the original policy when issued.

History: 69-12-201, MCA; IMP, 69-12-402, MCA; Eff. 12/31/72; AMD, 1990 MAR p. 1263, Eff. 9/1/90; EMERG, AMD, 1991 MAR p. 360, Eff. 3/29/91; AMD, 1997 MAR p. 1062, Eff. 6/24/97; AMD, 2011 MAR p. 2420, Eff. 1/1/12; AMD, 2012 MAR p. 1274, Eff. 6/22/12; AMD, 2015 MAR p. 1276, Eff. 8/28/15.

38.3.707   MINIMUM LIMITS OF INSURANCE COVERAGE - BONDS UNACCEPTABLE

(1) Minimum limits of insurance coverage for class A, B, C, and D carriers as required by this commission are outlined in Endorsement MV-4 and Endorsement MV-2.

(2) Minimum limits of insurance coverage for class E carriers are specified in 69-12-343, MCA and outlined in Endorsement MV-TNC.

(3) Bonds in lieu of insurance coverage are not acceptable for carriers.

History: 69-12-201, MCA; IMP, 69-12-402, MCA; Eff. 12/31/72; AMD, 2011 MAR p. 2420, Eff. 1/1/12; AMD, 2015 MAR p. 1276, Eff. 8/28/15.

38.3.708   SELF-INSURANCE

(1) An application for self-insurance shall be in writing and duly verified by the motor carrier making same.

(2) The application shall set forth a detailed statement of the financial assets and liabilities of the applicant and contain an express agreement on the part of the applicant motor carrier to the effect that if self-insurance is permitted, the motor carrier will promptly notify the commission of any material change thereafter occurring in the motor carrier's financial status.

(3) The privilege of self-insurance may be withdrawn at any time by the commission. The failure of a motor carrier to promptly notify the commission of any material change in the motor carrier's financial status or failure to correctly exhibit to the commission the motor carrier's financial status, either in an original application for self-insurance or in any subsequent report, shall be sufficient cause for revocation of the motor carrier's certificate of public convenience and necessity or certificate of compliance.

(4) Class E carriers may not provide self-insurance.

History: 69-12-201, MCA; IMP, 69-12-402, MCA; NEW, Eff. 11/5/74; AMD, 2011 MAR p. 2420, Eff. 1/1/12; AMD, 2015 MAR p. 1276, Eff. 8/28/15.

38.3.709   ANNUAL FINANCIAL REPORTS REQUIRED FOR SELF-INSURANCE

(1) All motor carriers permitted to furnish self-insurance shall annually, on or before April 1st, and at such other times as may be required by the commission, furnish a financial report setting forth a detailed statement of the assets and liabilities of the carrier.

(2) Failure of any carrier to furnish such annual report, or as required, shall be sufficient cause, within the discretion of the commission, for the immediate cancellation, without further notice, of such self-insurance and suspension or cancellation of such carrier's certificate of public convenience and necessity.

(3) This rule shall be supplemental to and not a revocation of any of the provisions of ARM 38.3.707.

History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-402, MCA; NEW, Eff. 11/25/74.

38.3.712   COMMERCIAL TOW TRUCK FIRMS -- PROOF OF REQUIRED INSURANCE

This rule has been repealed.

History: 69-12-201, MCA; IMP, 61-8-905, 61-8-906, 69-12-102(2), 69-12-402, MCA; NEW, 1995 MAR p. 1422, Eff. 7/28/95; REP, 2011 MAR p. 2420, Eff. 1/1/12.

38.3.801   FEES
(1) Fees due the commission are as contained in Title 38, chapter 3 of the Administrative Rules of Montana.

(2) All fees and compensation as provided for in the Montana Motor Carrier Act shall be made payable to the commission, by bank draft, post office money order or certified check.

History: Sec. 69-12-201, MCA; IMP, Secs. 69-12-421 and 69-12-423, MCA; Eff. 12/31/72; AMD, 1984 MAR p. 1129, Eff. 8/17/84.

38.3.805   ANNUAL REPORTS

(1) As required in 69-12-407, MCA, class A, B, C, and D motor carriers operating within the state of Montana are required to submit annual reports to the commission. Annual report forms are available on the commission's web site.

(2) The annual report form represents the uniform system of accounts the commission is required to prescribe by 69-12-407, MCA.

 

History: 69-12-201, MCA; IMP, 69-12-407, MCA; Eff. 12/31/72; AMD, Eff. 1/3/77; AMD, 1984 MAR p. 1129, Eff. 8/17/84; AMD, 2000 MAR p. 1668, Eff. 6/30/00; AMD, 2015 MAR p. 1276, Eff. 8/28/15.

38.3.902   DEFINITIONS

This rule has been repealed.

History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-201, MCA; NEW, 1995 MAR p. 37, Eff. 1/13/95; REP, 1996 MAR p. 1568, Eff. 6/7/96.

38.3.904   INSURANCE

This rule has been repealed.

History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-402, MCA; NEW, 1995 MAR p. 37, Eff. 1/13/95; REP, 1996 MAR p. 1568, Eff. 6/7/96.

38.3.906   SELF-INSURANCE

This rule has been repealed.

History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-402, MCA; NEW, 1995 MAR p. 37, Eff. 1/13/95; REP, 1996 MAR p. 1568, Eff. 6/7/96.

38.3.908   ANNUAL PER VEHICLE REGISTRATION

This rule has been repealed.

History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-421, MCA; NEW, 1995 MAR p. 37, Eff. 1/13/95; REP, 1996 MAR p. 1568, Eff. 6/7/96.

38.3.910   CARRIER INSURANCE REGISTRATION

This rule has been repealed.

History: Sec. 69-12-201, MCA; IMP, Secs. 69-12-201, 69-12-402 and 69-12-421, MCA; NEW, 1995 MAR p. 37, Eff. 1/13/95; REP, 1996 MAR p. 1568, Eff. 6/7/96.

38.3.911   APPLICATION FOR CARRIER INSURANCE REGISTRATION

This rule has been repealed.

History: Sec. 69-12-201, MCA; IMP, Secs. 69-12-201, 69-12-402 and 69-12-421, MCA; NEW, 1995 MAR p. 37, Eff. 1/13/95; REP, 1996 MAR p. 1568, Eff. 6/7/96.

38.3.912   CARRIER INSURANCE REGISTRATION FOR EXISTING MOTOR CARRIERS

This rule has been repealed.

History: Sec. 69-12-201, MCA; IMP, Secs. 69-12-201, 69-12-402 and 69-12-421, MCA; NEW, 1995 MAR p. 37, Eff. 1/13/95; REP, 1996 MAR p. 1568, Eff. 6/7/96.

38.3.914   MAINTENANCE OF CARRIER INSURANCE REGISTRATION

This rule has been repealed.

History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-201, MCA; NEW, 1995 MAR p. 37, Eff. 1/13/95; REP, 1996 MAR p. 1568, Eff. 6/7/96.

38.3.915   RENEWAL OF CARRIER INSURANCE REGISTRATION

This rule has been repealed.

History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-201, MCA; NEW, 1995 MAR p. 37, Eff. 1/13/95; REP, 1996 MAR p. 1568, Eff. 6/7/96.

38.3.917   LEASE OF POWER UNITS

This rule has been repealed.

History: Sec. 69-12-201, MCA; IMP, Secs. 69-12-201 and 69-12-611, MCA; NEW, 1995 MAR p. 37, Eff. 1/13/95; REP, 1996 MAR p. 1568, Eff. 6/7/96.

38.3.919   TRANSFER OF CARRIER INSURANCE REGISTRATION

This rule has been repealed.

History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-201, MCA; NEW, 1995 MAR p. 37, Eff. 1/13/95; REP, 1996 MAR p. 1568, Eff. 6/7/96.

38.3.1001   EXCLUSION FROM THE DEFINITION OF MOTOR CARRIER FOR TRANSPORTATION INCIDENTAL TO PRINCIPAL BUSINESS

(1) Except as may be limited by law or these rules, a person who is otherwise within the definition of "motor carrier" under section 69-12-101 , MCA, and related provisions, and not otherwise exempt from regulation under section 69-12-102 , MCA, or related or similar provisions, is not a "motor carrier" if the transportation activities of the person are incidental to a principal business of that person.

(2) Transportation is incidental to a principal business when the transportation is in furtherance of, in the scope of, and subordinate to that principal business, as provided in these rules.

(3) The evaluation used to determine whether transportation is incidental under these rules may be referred to as the "primary business test."

History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-101, MCA; NEW, 1994 MAR p. 1711, Eff. 6/24/94.

38.3.1002   SUBSTANTIVE DEFINITION OF KEY WORDS AND PHRASES

(1) For the purposes of these rules, the following terms have the meanings assigned unless the context dictates otherwise:

(a) "Principal business" means a business which, in relation to the transportation which is purported to be incidental, is clearly the predominant undertaking or enterprise. It must have a clear economic purpose or objective, identifiable with certainty, in terms of supplying goods or services.

(b) "In the furtherance of" means directly benefiting the principal business by transporting materials, goods, or other property, personnel, customers, clients, or other passengers, when such transportation assists the principal business in achieving its economic purpose or objective. It does not include a benefit to the principal business through transportation merely generating additional profit or like thing.

(c) "In the scope of" means directly within the bounds of the economic purpose or objective of the business. It does not include a transportation activity that is merely a tangent or appendage.

(d) "Subordinate to" means lesser than, minor in comparison to, dependent on, existing because of, and controlled by. It can include transportation important to, even essential to, the principal business. It does not include transportation which is a significant enterprise itself.

(2) A determination on whether these definitions are met or not is a question of law,

History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-101, MCA; NEW, 1994 MAR p. 1711, Eff. 6/24/94.

38.3.1003   FACTORS
(1) When considering whether transportation is incidental to a principal business the com-mission may consider any and all factors that have a reasonable bearing on the required ultimate determination of whether a principal business actually exists and whether the transportation activities in question are actually in furtherance of, in the scope of, and subordinate to the principal business. Factors that may be considered include any that are relevant and material and not duplicative or established with more certainty by a more appropriate means.
History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-101, MCA; NEW, 1994 MAR p. 1711, Eff. 6/24/94.

38.3.1004   EFFECT OF COMPETITION WITH REGULATED MOTOR CARRIERS
(1) Transportation incidental to a principal business, as provided in these rules, remains not regulated even though it may compete with regulated motor carriage.
History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-101, MCA; NEW, 1994 MAR p. 1711, Eff. 6/24/94.

38.3.1005   EXCLUSION INAPPLICABLE IN CERTAIN PRINCIPAL BUSINESSES
(1) The exclusion for transportation incidental to a principal business, as provided in these rules, does not apply when:

(a) the principal business is waste landfilling and the transportation in question is transportation of waste; or

(b) the principal business is a transportation business (except nontransportation divisions of a principal transportation business) .

History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-101, MCA; NEW, 1994 MAR p. 1711, Eff. 6/24/94.

38.3.1101   TRANSPORTATION OF HOUSEHOLD GOODS
(1) All intrastate transportation of uncrated household goods must be conducted under a class B certificate of public convenience and necessity authorizing the transportation of "household goods" unless the transportation of the same occurs within the corporate limits of any city or town or within 25 miles thereof.
History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-101, et seq. , MCA; Eff. 12/31/72; AMD, 1996 MAR p. 1568, Eff. 6/7/96.

38.3.1104   STATEWIDE AUTHORITY FOR TRANSPORTATION OF BUILDINGS

This rule has been repealed.

History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-331, MCA; NEW, 1979 MAR p. 1390, Eff. 11/16/79; REP, 1996 MAR p. 1568, Eff. 6/7/96.

38.3.1201   USUAL BUSINESS OPERATION
(1) A motor carrier who possesses a Class D motor carrier certificate conducts his Class D activities "as part of the motor carrier's usual business operation" as that requirement is set out in section 69-12-314 (2) , MCA, if the carrier actually transports Class D materials and holds itself out to the public as a common carrier willing to serve the public within the area authorized by the commission, provided the carrier offers the Class D service for the payment of charges intended to exceed the costs of providing such service and further provided that such service is not merely incidental to any other service provided to the customer by the carrier.
History: Sec. 69-12-201, MCA; IMP, Secs. 69-12-314 and 69-12-407, MCA; NEW, 1980 MAR p. 1717, Eff. 6/27/80.

38.3.1202   REGULAR BASIS
(1) A motor carrier who possesses a Class D certificate conducts his Class D activities "on a regular basis" as that requirement is set out in Section 69-12-314 (2) , MCA, if the carrier actually transports Class D materials on a frequent or recurring basis.
History: Sec. 69-12-201, MCA; IMP, Secs. 69-12-314 and 69-12-407, MCA; NEW, 1980 MAR p. 1717, Eff. 6/27/80.

38.3.1203   RETAINING CLASS D CERTIFICATE
(1) A motor carrier who possesses a Class D motor carrier certificate and who can show that its class D service is used by at least 20 customers per month during each month of the calendar year, or can show that its Class D service generates not less than $5,000 gross revenue per calendar year, is presumed to meet the requirements of actually engaging in the transportation of Class D materials on a regular basis as part of the motor carrier's usual business operation as those requirements are set out in Section 69-12-314 (2) , MCA, and is, therefore, further presumed to be entitled to possess a Class D motor carrier certificate. No further showing will be required from such carrier unless the Commission specifically requests additional information pursuant to ARM 38.3.1206.

(2) Failure of any Class "D" motor carrier to show either at least 20 customers per month or at least $5,000 in annual gross revenues raises no presumption either in favor of or against that carrier retaining its certificate in light of the requirements of Section 69-12-314 (2) , MCA. Rather, each such carrier will be evaluated on a case-by-case basis as set out in ARM 38.3.1204.

History: Sec. 69-12-201, MCA; IMP, Secs. 69-12-314 and 69-12-407, MCA; NEW, 1980 MAR p. 1717, Eff. 6/27/80.

38.3.1204   OTHER CIRCUMSTANCES ALLOWING RETENTION OF CLASS D CERTIFICATE
(1) A motor carrier who possesses a Class D motor carrier certificate but who because of seasonal operations or other circumstances cannot meet either of the conditions stated in ARM 38.3.1203(1) , must submit to the Commission a signed and verified statement describing in detail those circumstances which lead the carrier to believe that it should be allowed to retain its Class D certificate consistent with the requirements of Section 69-12-314 (2) , MCA.

(2) Upon receipt of such a statement, the Commission will evaluate the circumstances described therein together with any other information it feels would be revealing and will make a determination as to whether the carrier is entitled to possess a Class D certificate pursuant to Section 69-12-314 (2) , MCA, based upon the criteria set out in ARM 38.3.1201 and 38.3.1202.

History: Sec. 69-12-201, MCA; IMP, Secs. 69-12-314 and 69-12-407, MCA; NEW, 1980 MAR p. 1717, Eff. 6/27/80.

38.3.1205   REPORTS
(1) In order to be entitled to retain its class D authority, on or before March 31st of each year, every class D carrier must submit with its annual report to the commission one of the following concerning its operations for the previous calendar year:

(a) A report on a form available from the commission office showing that the carrier's class D service was used by at least 20 customers per month during each month of the preceding calendar year,

(b) A report on a form available from the commission office showing that the carrier's class D service generated at least $5,000 gross revenue for the preceding calendar year, or

(c) A signed and verified statement as described in ARM 38.3.1204.

History: Sec. 69-12-201, MCA; IMP, Secs. 69-12-314 and 69-12-407, MCA; NEW, 1980 MAR p. 1717, Eff. 6/27/80.

38.3.1206   ADDITIONAL INFORMATION REQUIRED BY THE COM- MISSION
(1) At any time, the commission may in its discretion require any class D carrier to submit additional supporting evidence beyond that received in accordance with ARM 38.3.1204 or ARM 38.3.1205.

(2) Upon refusal to submit additional evidence or receipt of additional evidence from the carrier or from any other source, the commission may in its discretion:

(a) Determine that the presumption in ARM 38.3.1203 has been rebutted,

(b) Reverse its earlier determination made under ARM 38.3.1204(2) ,

(c) Determine that the carrier is entitled to possess a class D certificate under section 69-12-314 (2) , MCA, or

(d) Decide to conduct an investigation pursuant to sec- tion 69-12-206 , MCA.

History: Sec. 69-12-201, MCA; IMP, . 69-12-314 and 69-12-407, MCA; NEW, 1980 MAR p. 1717, Eff. 6/27/80.

38.3.1207   SHOW CAUSE ORDER
(1) When under the provisions of this sub-chapter the commission determines that a class D carrier is not in compliance with section 69-12-314 (2) , MCA, the commission may issue an order to show cause why the certificate should not be revoked pursuant to section 69-12-327 , MCA.
History: Sec. 69-12-201, MCA; IMP, Secs. 69-12-314 and 69-12-407, MCA; NEW, 1980 MAR p. 1718, Eff. 6/27/80.

38.3.1303   CLASS C CARRIER CONTRACTS -- REQUIRED PROVISIONS, SUMMARY
(1) Class C carrier contracts shall include:

(a) the names, addresses and phone numbers of the parties;

(b) a description of the transportation contemplated;

(c) a description of the type of freight to be transported or whether persons are to be transported;

(d) a statement of the term of the contract, which shall be no less than 180 days and commence no earlier than the date of issuance of operating authority; and

(e) a statement of rates and charges negotiated between the parties for the proposed services.

(2) In addition to all other requirements, all class C motor carriers shall submit a contract summary form for each contract and have the same approved by the commission prior to transportation commencing.

History: Sec. 69-12-201, MCA; IMP, Secs. 69-12-301, 69-12-302 and 69-12-313, MCA; NEW, 1990 MAR p. 1263, Eff. 6/29/90.

38.3.1304   CLASS C CARRIER -- PICKUP AND DELIVERY

This rule has been repealed.

History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-302, MCA; NEW, 1990 MAR p. 1263, Eff. 6/29/90; REP, 1996 MAR p. 1568, Eff. 6/7/96.

38.3.1401   APPLICATION FOR CLASS E AUTHORITY ON PROOF OF BEING ENGAGED IN THE BUSINESS

This rule has been repealed.

History: Sec. 69-12-201, MCA; IMP, Secs. 69-12-315 and 69-12-423, MCA; NEW, 1991 MAR p. 1724, Eff. 9/13/91; REP, 1993 MAR p. 2966, Eff. 12/10/93.

38.3.1402   APPLICATIONS FOR CLASS E AUTHORITY ON PROOF OF BEING ENGAGED IN THE BUSINESS -- DEFINITIONS

This rule has been repealed.

History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-315, MCA; NEW, 1991 MAR p. 1724, Eff. 9/13/91; REP, 1993 MAR p. 2966, Eff. 12/10/93.

38.3.1403   APPLICATIONS FOR CLASS E AUTHORITY ON PROOF OF BEING ENGAGED IN THE BUSINESS -- MINIMUM PROOF REQUIRED

This rule has been repealed.

History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-315, MCA; NEW, 1991 MAR p. 1724, Eff. 9/13/91; REP, 1993 MAR p. 2966, Eff. 12/10/93.

38.3.1406   CONTRACT FOR CLASS E SERVICES

This rule has been repealed.

History: Sec. 69-12-201, MCA; IMP, Secs. 69-12-333 and 69-12-334, MCA; NEW, 1991 MAR p. 1724, Eff. 9/13/91; REP, 1993 MAR p. 2966, Eff. 12/10/93.

38.3.1408   CONTRACT FOR CLASS E SERVICES -- REQUIRED PROVISIONS

This rule has been repealed.

History: Sec. 69-12-201, MCA; IMP, Secs. 69-12-333 and 69-12-334, MCA; NEW, 1991 MAR p. 1724, Eff. 9/13/91; REP, 1993 MAR p. 2966, Eff. 12/10/93.

38.3.1409   CONTRACT FOR CLASS E SERVICES -- CONTINUING PERFORMANCE, MULTIPLE LOANS

This rule has been repealed.

History: Sec. 69-12-201, MCA; IMP, Secs. 69-12-333 and 69-12-334, MCA; NEW, 1991 MAR p. 1724, Eff. 9/13/91; REP, 1993 MAR p. 2966, Eff. 12/10/93.

38.3.1410   CONTRACT FOR CLASS E SERVICES -- DOCUMENTATION

This rule has been repealed.

History: Sec. 69-12-201, MCA; IMP, Secs. 69-12-333 and 69-12-334, MCA; NEW, 1991 MAR p. 1724, Eff. 9/13/91; REP, 1993 MAR p. 2966, Eff. 12/10/93.

38.3.1414   CLASS E USUAL BUSINESS OPERATION

This rule has been repealed.

History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-315, MCA; NEW, 1991 MAR p. 1724, Eff. 9/13/91; REP, 1993 MAR p. 2966, Eff. 12/10/93.

38.3.1415   CLASS E REGULAR BASIS

This rule has been repealed.

History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-315, MCA; NEW, 1991 MAR p. 1724, Eff. 9/13/91; REP, 1993 MAR p. 2966, Eff. 12/10/93.

38.3.1416   RETAINING CLASS E CERTIFICATE

This rule has been repealed.

History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-315, MCA; NEW, 1991 MAR p. 1724, Eff. 9/13/91; REP, 1993 MAR p. 2966, Eff. 12/10/93.

38.3.1417   OTHER CIRCUMSTANCES ALLOWING RETENTION OF CLASS E CERTIFICATE

This rule has been repealed.

History: Sec. 69-12-201, MCA, IMP, Sec. 69-12-315, MCA; NEW, 1991 MAR p. 1724, Eff. 9/13/91; REP, 1993 MAR p. 2966, Eff. 12/10/93.

38.3.1418   CLASS E REPORTS

This rule has been repealed.

History: Sec. 69-12-201, MCA; IMP, Secs. 69-12-315 and 69-12-407, MCA; NEW, 1991 MAR p. 1724, Eff. 9/13/91; REP, 1993 MAR p. 2966, Eff. 12/10/93.

38.3.1419   ADDITIONAL INFORMATION REQUIRED BY THE COMMISSION

This rule has been repealed.

History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-315, MCA; NEW, 1991 MAR p. 1724, Eff. 9/13/91; REP, 1993 MAR p. 2966, Eff. 12/10/93.

38.3.1420   SHOW CAUSE ORDER

This rule has been repealed.

History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-315, MCA; NEW, 1991 MAR p. 1724, Eff. 9/13/91; REP, 1993 MAR p. 2966, Eff. 12/10/93.

38.3.1501   "PROPERTY" CERTIFICATES

This rule has been repealed.

History: Sec. 69-12-201, MCA; IMP, Secs. 69-12-101, et seq. , MCA; Eff. 12/31/72; REP, 1996 MAR p. 1568, Eff. 6/7/96.

38.3.1502   OBLIGATION TO CARRY
(1) No driver or operator of any class A or class B motor vehicle used in the transportation of passengers shall refuse to carry any person offering himself or herself at any regular stopping place for carriage and who tenders the regular fare to any regular stopping place on the route of said motor vehicle, or between the terminals thereof, if allowed to carry passengers to such point under the certificate for such route, unless at the time of such offer the seats of said motor vehicle are fully occupied; provided, however, that the driver or operator of such motor vehicle may refuse transportation to any person who is in an intoxicated condition or conducting himself in a boisterous or disorderly manner.
History: Sec. 69-12-201, MCA; IMP, Secs. 69-12-101, et seq. , MCA; Eff. 12/31/72.

38.3.1503   SEATING CAPACITY

(1) Pursuant to the terms of 69-11-203, MCA, concerning the number of vehicles to be provided and a seat to be provided every passenger, all class A and B common carriers authorized to transport passengers must provide a sufficient number of vehicles for that particular time schedule in order to provide every passenger tendering legal fare with a seat.

(2) Drivers and operators of any such vehicle must provide a seating accommodation to each paying passenger. No passenger may be transported by being required to stand in the aisle.

History: 69-12-201, MCA; IMP, 69-11-203, MCA; Eff. 12/31/72; AMD, 2015 MAR p. 1276, Eff. 8/28/15.

38.3.1504   DISABLED PASSENGER VEHICLE - TRANSPORTATION OF PASSENGERS

(1) In case a motor vehicle carrying passengers pursuant to a class A or B certificate becomes disabled while en route and is unable to proceed, any passenger or passengers on such disabled vehicle shall have the privilege of proceeding upon any other passenger-carrying vehicle operating under a class A or class B certificate from the commission on the same route or portion of route.

(2) It shall be the duty of the driver of any such passenger-carrying vehicle to stop on signal and receive such passengers to the extent of the unoccupied seating capacity of such vehicle and carry the same to destination or as near such destination as the route of the passing vehicle will permit.

(3) The transportation company whose passengers are thus relieved shall pay the second company a share of the transportation fee proportionate to the distance such passengers are transported by the relieving carrier.

History: 69-12-201, MCA; IMP, 69-12-101, et seq., MCA, Eff. 12/31/72; AMD, 2015 MAR p. 1276, Eff. 8/28/15.

38.3.1505   MOTOR CARRIER AUTHORITY RECOGNITION

(1) Class B motor carriers granted authority to carry persons or passengers without limitation to the type of service are permitted to operate both as a rate regulated and charter passenger carrier.

History: 69-12-201, MCA; IMP, 69-12-201; NEW, 2010 MAR p. 2989, Eff. 12/24/10; AMD, 2015 MAR p. 1276, Eff. 8/28/15.

38.3.1601   INTRASTATE MOTOR CARRIERS

This rule has been repealed.

History: Title 69, chapter 11, Sec. 69-12-201, MCA; IMP, Secs. 69-12-501 et seq. , MCA; NEW, 1983 MAR p. 1735, Eff. 11/26/83; REP, 1996 MAR p. 1568, Eff. 6/7/96.

38.3.1602   REMITTANCE OF C.O.D. COLLECTION

This rule has been repealed.

History: Title 69, chapter 11, Sec. 69-12-201, MCA; IMP, Secs. 69-12-201 and 69-12-501 et seq. , MCA; NEW, 1983 MAR p. 1735, Eff. 11/26/83; REP, 1996 MAR p. 1568, Eff. 6/7/96.

38.3.1603   SHIPMENT RECORDS

This rule has been repealed.

History: Title 69, chapter 11, Sec. 69-12-201, MCA; IMP, Secs. 69-12-501 et seq. , MCA; NEW, 1983 MAR p. 1735, Eff. 11/26/83; REP, 1996 MAR p. 1568, Eff. 6/7/96.

38.3.1901   TRANSPORTATION OF HAZARDOUS MATERIALS

This rule has been repealed.

History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-201(1) (c), MCA; Eff. 12/31/72; AMD, 1981 MAR p. 314, Eff. 3/27/81; ALSO TRANS, to Dept. of Justice, Ch. 686, L. 1985, Eff. 7/1/85; REP, 1996 MAR p. 1568, Eff. 6/7/96.

38.3.1902   DEPARTMENT OF TRANSPORTATION AND I.C.C. RULES

This rule has been transferred.

History: Sec. 69-12-101, 69-12-103 and 69-12-201, MCA; IMP, Secs. 69-12-103 and 69-12-201(1) (c), MCA; NEW, Eff. 5/4/74; AMD, 1981 MAR p. 314, Eff. 3/27/81; AMD, 1983 MAR p. 1736, Eff. 11/26/83; TRANS, to Dept. of Justice, Ch. 686, L. 1985, Eff. 7/1/85.

38.3.1903   APPLICATION OF SAFETY RULES TO LIGHTWEIGHT VEHICLES

This rule has been transferred.

History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-201(1) (c), MCA; NEW, 1983 MAR p. 1735, Eff. 11/26/83; TRANS, to Dept. of Justice, Ch. 686, L. 1985, Eff. 7/1/85.

38.3.1904   EXEMPTION FROM DRIVER SAFETY STANDARDS FOR LOCAL, COMMERCIAL VEHICLES

This rule has been transferred.

History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-201(2), MCA; NEW, 1983 MAR p. 1735, Eff. 11/26/83; TRANS, to Dept. of Justice, Ch. 686, L. 1985, Eff. 7/1/85.

38.3.1905   SAFETY INSPECTION PROGRAM

This rule has been transferred.

History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-201(1), (2), MCA; NEW, 1983 MAR p. 1735, Eff. 11/26/83; TRANS, to Dept. of Justice, Ch. 686, L. 1985, Eff. 7/1/85.

38.3.1906   COMMERCIAL VEHICLE SAFETY ALLIANCE

This rule has been transferred.

History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-201(1), (2), MCA; NEW, 1983 MAR p. 1735, Eff. 11/26/83; TRANS, to Dept. of Justice, Ch. 686, L. 1985, Eff. 7/1/85.

38.3.1907   CRITICAL ITEM INSPECTION

This rule has been transferred.

History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-201(1), (2), MCA; NEW, 1983 MAR p. 1735, Eff. 11/26/83; TRANS, to Dept. of Justice, Ch. 686, L. 1985, Eff. 7/1/85.

38.3.1908   INSPECTION REPORT

This rule has been transferred.

History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-201(1), (2), MCA; NEW, 1983 MAR p. 1735, Eff. 11/26/83; TRANS, to Dept. of Justice, Ch. 686, L. 1985, Eff. 7/1/85.

38.3.1909   OUT OF SERVICE ORDERS

This rule has been transferred.

History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-201(1), (2), MCA; NEW, 1983 MAR p. 1735, Eff. 11/26/83; TRANS, to Dept. of Justice, Ch. 686, L. 1985, Eff. 7/1/85.

38.3.1910   SAFETY INSPECTION IDENTIFICATION DECALS

This rule has been transferred.

History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-201(1), (2), MCA; NEW, 1983 MAR p. 1735, Eff. 11/26/83; TRANS, to Dept. of Justice, Ch. 686, L. 1985, Eff. 7/1/85.

38.3.1911   LOCATION OF INSPECTIONS

This rule has been transferred.

History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-201(1), (2), MCA; NEW, 1983 MAR p. 1735, Eff. 11/26/83; TRANS, to Dept. of Justice, Ch. 686, L. 1985, Eff. 7/1/85.

38.3.2001   LEASING OF POWER EQUIPMENT - GENERAL

(1) The requirements for the leasing of power equipment by class A, B, C, and D carriers operating within the state are as contained in 69-12-611, MCA.

(2) The purpose of these leasing regulations is to insure that the primary responsibility for the conduct of regulated motor carrier operations remain with the certificated motor carrier, and that members of the public using motor carrier services are clearly advised of the identity of the responsible carrier, and that the leasing of equipment by an authorized motor carrier from the owner thereof, is not a subterfuge for leasing the carrier's certificate or permit to the owner-lessor.

(3) The leasing of power equipment by a certificated carrier to a noncertificated carrier is prohibited.

History: 69-12-201, 69-12-204, MCA; IMP, 69-12-611, MCA; Eff. 12/31/72; AMD, 1983 MAR p. 1736, Eff. 11/26/83; AMD, 1991 MAR p. 1724, Eff. 9/13/91; AMD, 2015 MAR p. 1276, Eff. 8/28/15.

38.3.2002   APPROVED EQUIPMENT LEASE AGREEMENT FORM AND REQUIRED PROVISIONS
(1) Interested parties may contact the commission office for information concerning where an approved equipment lease agreement form may be obtained. In addition, any equipment lease conforming to the provisions of (2) below, may be submitted for approval in lieu of the above-mentioned approved lease agreement form.

(2) The following are required equipment lease provisions:

(a) The lease shall state the full names and addresses of the negotiating parties.

(b) The lease shall list a complete description of the equipment involved.

(c) The lease shall provide that the sole possession, responsibility, control and direction of the equipment and its driver shall reside with the lessee for the duration of the lease, and the lessee shall be considered as the owner of such equipment during the duration of the lease for all purposes, including public liability, insurance, all regulatory fees, and registration of equipment with the commission.

(d) The lease shall state the terms of the compensation to be paid for use of the vehicle while under lease and the method by which such compensation is determined. All methods for computing compensation must be realistic and cover entire compensation paid to lessor for total use of the vehicle by lessee. There may be no agreement or understanding between lessee and lessor other than that fully set forth in the lease agreement.

(e) The lease shall state the date of execution, the term length and renewal conditions, if any, of the lease.

(f) The lease may include the services of a driver, however, nothing in these regulations shall be construed to require that such driver be an employee of the motor carrier lessee.

(g) The parties to the equipment lease agreement may insert therein any other provisions not contrary to law, and not inconsistent with the rules and regulations of the commission.

History: Secs. 69-12-201 and 69-12-204, MCA; IMP, Sec. 69-12-611, MCA, Eff. 12/31/72; AMD, 1983 MAR p. 1736, Eff. 11/26/83.

38.3.2003   DUTIES AND OBLIGATIONS OF LESSOR AND LESSEE UNDER EQUIPMENT LEASE
(1) The following are duties of the lessor and lessee:

(a) The lease shall be executed by the parties in three copies: One each for the lessor and lessee, and one copy to be carried in the leased equipment during the entire term of the lease.

(b) Power equipment so leased must display in a conspicuous place on both sides of the cab the identity and address of the lessor, and lessee, and the certificate number under which the power unit is operating.

(c) During the time the equipment under lease is operated by the lessee, there shall be carried in such vehicle, in addition to a copy of the lease; bills of lading, waybills, freight bills, manifests, or other papers identifying the lading, and which clearly indicates that the transportation of the property carried is under the responsibility of the lessee as the authorized carrier.

(d) It shall be the duty of the lessee-carrier, before taking possession of the equipment, to have the same inspected by a qualified person to insure that said equipment is in safe operating condition and in conformity with the motor carrier safety regulations of the commission. The person making the inspection shall certify the results thereof to the lessee, and a copy of such certification shall be carried in the equipment.

(e) All charges paid by a shipper or consignee for transportation services performed by use of leased equipment shall be paid to the lessee only, and the lessor shall exercise no control or dominion over such revenues. The driver of a leased vehicle may, when required, physically collect such charges from the shipper or consignee, but shall immediately deliver all said funds to the lessee.

(f) All arrangements for transportation services, solicitation therefore, claims settlement, and all other aspects of motor carrier service, shall be conducted by, and in the name of, the lessee only, and neither lessee, nor the lessor, shall by any representation or act whatsoever, represent or imply, or suggest to any shipper or consignee, that the motor carrier service being offered or rendered, is being offered or rendered by the lessor.

(g) No lease shall be assigned or re-leased by either party without the written consent of both parties signatory thereto.

(h) Nothing in these regulations shall be construed to relieve the lessee, the lessor or the driver of any leased equipment from compliance with the laws, rules and regulations pertaining to the operation of motor vehicles on Montana highways.

History: Secs. 69-12-201 and 69-12-204, MCA; IMP, Sec. 69-12-611, MCA; Eff. 12/31/72; AMD, 1983 MAR p. 1736, Eff. 11/26/83.

38.3.2004   EXEMPTIONS

This rule has been repealed.

History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-611, MCA; Eff. 12/31/72; REP, 1983 MAR p. 1735, Eff. 11/26/83.

38.3.2005   STATUS OF CARRIER -- EFFECT OF LEASE OF POWER EQUIPMENT

(1) Nothing in this rule shall permit the lease of power equipment from an authorized carrier to a noncertified carrier as the same is prohibited by section 69-12-611, MCA.

(2) In this rule, the term "lease" shall mean the lease of power equipment, whether or not including or accompanied by a provision for the services of an operator, and shall include sub-lease, rental agreement, and similar arrangements.

(3) In all cases, a lease shall be considered transportation "for hire" and thereby constitute the lessor a "motor carrier," except as may be otherwise permitted by law or provided herein.

(4) A lease permitted by law not to be transportation "for hire" and thereby constituting any party a "private carrier" shall be bona fide and in good faith, without guise, subterfuge, or have as its sole purpose to avoid or evade regulation.

(5) Unless otherwise required by law in any specific instance, any statute or rule providing that transportation "for hire" or "motor carrier" may arise from a lease shall not be construed to apply to any lease in which the following are observed, exist and are actually exercised:

(a) the lease shall be in writing, signed by the parties and it, or a true copy, shall be carried in the power equipment at all times during the period of the lease;

(b) there shall be no agreements or understandings between the parties pertaining to the lease of power equipment, operator or complete services, except as contained in the lease;

(c) the power equipment leased shall display, in a conspicuous place on both sides of the cab, the identity and adress of the lessee and may also display the same for the lessor;

(d) at all times there shall be carried in the power equipment, bills of lading, waybills, freight bills, manifests, and other papers identifying the lading, all of which shall clearly indicate that the transportation is under the responsibility of the lessee;

(e) the lessor shall relinquish and the lessee shall have and actually exercise the exclusive right and privilege of possession, directing and controlling the equipment and the transportation and all incidents of transportation;

(f) the lessee shall use the equipment in transportation of freight or passengers within the scope of furtherance of the lessee's primary nontransportation business enterprise, or other nonregulated transportation, and for no other purpose;

(g) the lessee shall substantially assume, carry, and bear the characteristic burdens of the transportation business such as expenses for fuel, maintenance, repairs, delays, breakdowns, detours, idle time for the power equipment and operator, and like matters;

(h) the lessee shall obtain and carry personal injury and property damage liability insurance in amounts no less than that required by law for motor carriers;

(i) the lease shall state the terms of compensation, the method by which it is calculated and determined, and must be realistic in covering the true and total lease of power equipment and complete services; and

(j) if the lease includes or is otherwise accompanied by the lessor's providing the services of an operator, the lease shall be for a duration no less than 30 days, during which time the power equipment and driver shall be used for no purpose independent of the lessee's exclusive rights identified in (e) above.

(6) Nothing in this rule shall be construed as limiting a lessor from actually directing, conducting, or performing maintenance or repair of power equipment or obtaining insurance of any type.

(7) Nothing in this rule shall be construed as limiting the terms of a lease, so long as no provision is inconsistent with this rule.

(8) Nothing in this rule shall be construed as relieving the lessor, lessee, or operator of any power equipment from compliance with the statutes and rules pertaining to the operation of motor vehicles.

History: Sec. 69-12-201, MCA; IMP, Secs. 69-12-101, 69-12-106, 69-12-107 and 69-12-201, MCA; NEW, 1990 MAR p. 1263, Eff. 6/29/90.

38.3.2011   INTERCHANGE OF POWER EQUIPMENT
(1) Interchange of power equipment may be authorized for common carriers (class A and B) operating upon the public highways of the state pursuant to the terms and conditions of 69-12-612, MCA.
History: Secs. 69-12-201 and 69-12-204, MCA; IMP, Sec. 69-12-612, MCA; Eff. 12/31/72; AMD, 1983 MAR p. 1736, Eff. 11/26/83.

38.3.2014   LEASE OF CERTIFICATES OF OPERATING AUTHORITY- GENERAL

(1) Leasing of Montana Public Service Commission operating certificates of public convenience and necessity or certificates of compliance may be authorized as required by 69-12-326, MCA.

(2) All leases of certificates shall be in writing. The leases shall be submitted to the commission for approval and shall not have any force or effect until approved by the commission.

(3) In the event a certificate lease is cancelled for any cause whatever or is terminated by expiration in accordance with the terms of the certificate lease, notice of such cancellation or expiration shall be given immediately to the commission in writing.

History: 69-12-201, 69-12-204, MCA; IMP, 69-12-326, MCA; Eff. 12/31/72; AMD, 1983 MAR p. 1736, Eff. 11/26/83; AMD, 1984 MAR p. 1129, Eff. 8/17/84; AMD, 2000 MAR p. 1668, Eff. 6/30/00; AMD, 2015 MAR p. 1276, Eff. 8/28/15.

38.3.2015   COMPENSATION AND FEES

(1) All leases approved by the commission in accordance with 69-12-326, MCA, must provide that payment of all compensation and fees as provided by 69-12-421 and 69-12-423, MCA, shall be made to the commission by the lessee in his own name as lessee and notwithstanding the failure of any such lease or agreement to so provide in express terms, this rule shall by reference be made a part thereof and read into said lease or agreement with the same force and effect as though expressly incorporated therein.

(2) The provisions of this rule shall not be construed and are not intended to any way relieve the owner of the certificate from the payment of any compensation and fees due the commission. Upon the failure of a lessee to pay any compensation and fees, the owner and holder of the certificate shall be responsible.

 

History: 69-12-201, MCA; IMP, 69-12-323, 69-12-326, 69-12-421, 69-12-423, MCA; Eff. 12/31/72; AMD, 2015 MAR p. 1276, Eff. 8/28/15.

38.3.2016   CONTINUED OBLIGATION OF OWNER

(1) A lease in no way relieves the owner or holder of the leased certificate from the laws of the state of Montana and the rules and regulations of the commission governing motor vehicle carriers. The owner shall be held responsible for all acts of the lessee with the same force and effect as though the operations were being carried on by the owner or holder of the certificate.

(2) Such certificate may be cancelled upon the failure of any lessee to abide by the laws of the state of Montana and rules and regulations of the commission governing motor carriers.

History: 69-12-201, MCA; IMP, 69-12-326, MCA; Eff. 12/31/72; AMD, 2015 MAR p. 1276, Eff. 8/28/15.

38.3.2101   SALE OR TRANSFER OF CERTIFICATE OF AUTHORITY

(1) As authorized by 69-12-325, MCA, public service commission certificates may be sold or transferred. The application for sale or transfer shall be addressed to the commission, be sworn to, and contain the following information:

(a) the name and address of the owner and the number of the certificate, together with request that authority be granted such owner to sell or transfer all rights, title and interest under such certificate to the named vendee or purchaser.

(b) the name and main office address of the vendee or purchaser, that such vendee or purchaser is desirous of acquiring Certificate No. _____, that the operations to be conducted thereunder will be in accordance with the rules and regulations of the commission, and should the vendee or purchaser be a legal corporation, the officers of such corporation and their addresses.

(c) a list of equipment the vendee or purchaser intends to operate under such certificate, giving the state license number, year and name of the vehicle, the serial number, and seating capacity thereof; (In case the vehicles are to be used in transporting property, the maximum load to be carried must also be shown.)

(d) state that the vendee or purchaser will furnish before beginning operation, insurance, surety bond, or other approved security, covering all vehicles to be operated;

(e) if the vendee or purchaser desires to adopt the tariffs and time schedules, etc., of the vendor on file with the commission, it shall here so be stated and reference to each of such publications by number and effective date must be made; (Does not apply to class C carriers.)

(f) in case the vendee or purchaser does not desire to adopt the tariffs, time schedules, etc., of the vendor, it shall be so stated;

(g) in case the vendee or purchaser consists of more than one person (not incorporated) operating as a co-partnership under a trade name, then this item shall state that a certified copy of such partnership agreement is attached;

(h) shall set out the date on which it is desired that such sale or transfer shall become effective; no sale or transfer being retroactive, or effective until approved by the commission;

(i) shall state that the original certificate is attached, but if the original certificate issued by this commission has been lost, a statement showing the facts shall be inserted under this item or a separate affidavit reciting the loss of the certificate and accompanying the application;

(j) shall set forth that the sale or transfer is not for purpose of hindering, delaying or defrauding creditors;

(k) shall be accompanied by the vendee or purchaser's current financial balance sheet setting forth the assets, liabilities and equity of the transferee, if the purchaser is in motor carrier transportation business, then the vendee's or purchaser's current financial income statement setting forth operating revenues, operating expenses, and net operating income of the transferee if said transferee is presently in the motor carrier transportation business; and

(l) shall be signed by the owner and the purchaser and notarized.

(m) Forms for applications for sale or transfer are available on the commission's web site or upon request.

(2) It is required that full compliance and completion of sales and transfers be consummated within 30 days after the mailing of the notice of the commission's approval or suffer the revocation of such right to the certificate by the commission.

History: 69-12-201, MCA; IMP, 69-12-325, MCA; Eff. 12/31/72; AMD, 1984 MAR p. 1129, Eff. 8/17/84; AMD, 1990 MAR p. 1263, Eff. 6/29/90; AMD, 2000 MAR p. 1668, Eff. 6/30/00; AMD, 2015 MAR p. 1276, Eff. 8/28/15.

38.3.2102   NOTICE OF PUBLIC HEARING ON APPLICATION FOR SALE OR TRANSFER OF CERTIFICATE OF AUTHORITY

(1) If it is necessary to conduct a public hearing on an application for the sale or transfer of a motor carrier operating authority, individual notice of the public hearing will be provided to only the seller, the purchaser and the protestants to the application, except as otherwise required by law.

History: Secs. 69-12-201 and 69-12-204, MCA; IMP, Secs. 69-12-322 and 69-12-325, MCA; NEW, 1983 MAR p. 1735, Eff. 11/26/83.

38.3.2106   SECURITY INTEREST OR OTHER ENCUMBRANCE

(1) Any Montana public service commission operating certificate or permit can be a subject of a security interest or other encumbrance by another party with commission approval.   Such security interest or encumbrance must be imposed as provided for under the Uniform Commercial Code, Title 30, MCA, as amended.

(2) The filing of Form UCC-1 or 2 with the commission for filing in the carrier's public record will constitute notice of a preexisting security interest or encumbrance.

History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-325, MCA; Eff. 12/31/72.

38.3.2401   TARIFFS GENERALLY
(1) Pursuant to 69-12-501 , MCA, the following rules shall govern the construction and filing of freight-rate publications and classifications with the public service commission of the state of Montana.
History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-501, MCA; Eff. 12/31/72.

38.3.2402   WHO MUST FILE, INTRASTATE AND INTERSTATE

(1) Pursuant to the provisions of 69-12-501 , MCA, all class A and B carriers must file tariffs of freight rates and charges with this commission.

(2) Carriers authorized to conduct interstate services in Montana are required to file with the commission one copy each of all tariffs applicable to such transportation for the information of the commission and general public.

History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-501, MCA; Eff. 12/31/72.

38.3.2403   PUBLIC INSPECTION
(1) Copy of tariffs naming rates and fares to be charged, together with rules and regulations and time schedules shall be kept open for public inspection by every class A or class B motor carrier at its principal office, and at the terminus of each route, and at the principal station thereon.
History: Sec. 69-12-201, MCA; IMP, Title 69, chapter 12, part 5, MCA; Eff. 12/31/72.

38.3.2404   ASSISTANCE IN PREPARING TARIFFS AND TIME SCHEDULES

(1) Information regarding construction of freight, express, and passenger tariffs, including classifications required of class A and class B carriers, will be furnished by the commission on application.

(2) Changes in such publications, or in any rule or regulation governing the same, must be made in accordance with the commission's "rules of practice."

(3) Samples of tariffs and time schedules, for use as guidelines in accomplishing tariffs, time schedules and revisions thereof, may be obtained, upon request from this commission. Assistance in preparing tariffs, time schedules and revisions thereof shall be available.

History: 69-12-201, MCA; IMP, Title 69, chapter 12, part 5, MCA; Eff. 12/31/72; AMD, 2000 MAR p. 1668, Eff. 6/30/00; AMD, 2015 MAR p. 1276, Eff. 8/28/15.

38.3.2405   TRANSMITTAL FORM LETTER - SAMPLE

(1) Tariffs, time schedules and revisions or reissues thereof, may be filed accompanied by a letter or form of transmission. All transmittals shall be on 8 x 11 bond paper.

(2) The format of transmittal letter or form shall be as follows:

 

                                                                                                              Corporate name of carrier in full.

                                                                                                                                                       , 19        

 

Transmittal No.                                            

PUBLIC SERVICE COMMISSION

HELENA, MONTANA 59620

 

                  There are enclosed for your approval                       copies of the following schedules,

in compliance with the requirements of the act:

 

Supplement No.                                              to Mont. PSC No.                                                           

 

Tariff No.                                                          Effective                                                            19          .

                  These schedules are issued in accordance with your Authorization No. MC-                  

of                                          , 19         .

                                                                                                                                                (signed)

 

                                                                                                                                                      (title)

 

NOTE: If receipt for accompanying schedule is desired the letter of transmittal must be sent in duplicate, and one copy showing the date of receipt by the Commission will be returned to the sender.

History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA; Eff. 12/31/72.

38.3.2406   APPLICATION OF I.C.C. TARIFF RULES

This rule has been repealed.

History: 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA; Eff. 12/31/72; REP, 2015 MAR p. 1276, Eff. 8/28/15.

38.3.2501   INDIVIDUAL OR BUREAU FILING

(1) Carriers may elect either to file their own tariff or become a participating carrier in an authorized section 5(b) bureau.

(2) Tariffs may be filed with the commission by groups or bureaus.

(3) To obtain authorization to operate in intrastate commerce as a rate bureau, an application, which contains the items in 69-12-601 through 69-12-605, MCA, shall be made to the commission.

History: 69-12-201, MCA; IMP, Title 69, chapter 12, part 5, 69-12-601, 69-12-602, 69-12-603, 69-12-604, 69-12-605, MCA; Eff. 12/31/72; AMD, Eff. 12/6/76; AMD, 2015 MAR p. 1276, Eff. 8/28/15.

38.3.2502   NUMBER OF TARIFF COPIES TO BE FILED

(1) Carriers filing tariffs on their own behalf shall transmit to the commission the original and two copies of each tariff, supplement, revised page, classification, or other schedule of rates or regulations, original and both copies to be included in one package and under one letter of transmission.

(2) Bureaus, designated as carrier's agent, shall transmit to the commission two copies of each tariff, supplement, revised page, classification, or other schedule of rates or regulations, both copies to be included in one package and under one letter of transmission.

History: Sec. 69-12-201, MCA; IMP, Title 69, chapter 12, part 5, MCA, Eff. 12/31/72.

38.3.2503   ADDRESS FOR TARIFFS
(1) Tariffs sent for filing must be addressed "Montana Public Service Commission, Transportation Division, 1701 Prospect Avenue, P.O. Box 202601, Helena, Montana 59620-2601."
History: Sec. 69-12-201, MCA; IMP, Title 69, chapter 12, part 5, MCA, Eff. 12/31/72.

38.3.2504   FILING FEE DUE

This rule has been repealed.

History: Sec. 69-12-201, MCA; IMP, Title 69, chapter 12, part 5 and Sec. 69-12-423, MCA, Eff. 12/31/72; REP, 1994 MAR p. 965, Eff. 4/15/94.

38.3.2505   WHO MAY FILE TARIFFS
(1) Tariffs and supplements and revisions thereto shall be filed by proper officer or duly authorized agent of the carrier.
History: Sec. 69-12-201, MCA; IMP, Title 69, chapter 12, part 5, MCA, Eff. 12/31/72.

38.3.2506   NOTICE OF CHANGE
(1) Section 69-12-504 , MCA, requires that all changes in rates, or in rules that affect rates, shall be filed with the commission at least 45 days before the date upon which they are to become effective unless otherwise authorized by the commission.
History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-504, MCA, Eff. 12/31/72.

38.3.2507   NOTICE REQUIRED AND NOTATION ON TARIFF

(1) Unless otherwise specified in the decision or order in the case, such tariff or supplement must be made effective upon statutory notice to the commission and to the public.

(2) Whether made effective on less than statutory notice under special authority granted in the decision or order in the case, or upon statutory notice, when an entire tariff or supplement is issued in compliance with a decision or order, such tariff or supplement shall bear on its title page the notation: "In compliance with Authorization No. of the Montana Public Service Commission, date."

History: Sec. 69-12-201 MCA; IMP, Sec. 69-12-504, MCA, Eff. 12/31/72.

38.3.2508   FORM REQUIRED FOR MODIFICATION OF TARIFFS, TIME SCHEDULES - SAMPLE

(1) All revisions of tariffs and time schedules, including reissues thereof, shall be filed with this commission, as provided in ARM 38.3.2501 through 38.3.2507, provided however, that such revisions and reissues shall be accompanied by a letter or form of application describing the modifications sought and justification thereof.

(2) Application for modification of tariff, or time schedule, may be made in the following form:

 

______________________________________________________________

(Name of Carrier)

 

by ___________________________________________________________

(Name and Title of Traffic Officer)

does hereby petition the Public Service Commission of the State of Montana, for authority to file on

____________________________________________________________________________ 

___________________________________________________________________________

(Statutory or short notice publication)

the ________________________________________________________________ hereinafter

(Nature of Modification)

set forth.

1. (Commodity)

2. (Proposed rate and minimum weight, charge, rule or regulation.)

3. (Station from or to, or between. If joint application names of carriers interested and junction points.)

4. (Tariff reference in which proposed change will be published.)

5. (Present rate and minimum weight, charge, rule or regulation.)

6. (Tariff authority for present rate and minimum weight, charge, rule or regulation.)

7. (Reason for proposed change and name of shipper interested.)

8. (Basis for proposed change.)

9. (If short-notice publication, reason therefor.)

10. (State whether or not a proceeding is pending before Commission or if one has been adjudicated by it in which the matter involved in the application is or would be in any manner affected.)

 

                    Dated this _____ day of ________________________, 19 ___.

 

                                                            _________________________________

                                                                                (Name of Carrier)

 

 

                                                            By ________________________________

                                                                                (Name of Officer)

                                                                                        (Title)

 

(3) Copies, for use as samples, of the form described in this rule shall be available from the commission.

History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA, Eff. 12/31/72.

38.3.2509   COMMISSION MAY REJECT TARIFF PUBLICATIONS

(1) Tariffs, revised pages, or supplements which are in any way determined to be in improper form, not in accordance with provisions of the Montana Motor Carrier Act, or received for filing too late to give the commission the notice required by law are subject to rejection and return.

(2) No consideration will be given to telegraphic notices in computing the notice required, or to the time during which a tariff publication may be held by an express company or by the post office department.

(3) No tariff, revised page, or supplement will be received by the commission unless it is delivered to it free from all charges, including claims for postage.

(4) As to tariffs, revised pages, and supplements issued on less than statutory notice under permission, order or authorization of the commission, literal compliance with all of the requirements named in any such permission, decision, or order of the commission will be exacted.

History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA, Eff. 12/31/72.

38.3.2510   REJECTED SCHEDULES

(1) When a schedule is rejected by the commission as unlawful, the number which it bears must not be again used. Such schedules must not thereafter be referred to as cancelled, amended, or otherwise, but publication that is issued in lieu of such rejected schedules must bear notation "In lieu of                                     , rejected by Commission."

History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA, Eff. 12/31/72.

38.3.2601   FORM AND SIZE
(1) All tariffs, time schedules and supplements thereto must be in book, pamphlet, or loose-leaf form of size 8 by 11 inches and must be plainly printed or typed on bond paper or other plain paper of durable quality. Xerox, mimiograph or other similar durable process may be used, provided copies posted and filed are clear and legible in all respects.

(2) Alterations in writing or erasures must not be made in tariffs filed with the commission.

(3) A margin of not less than five-eights of an inch without any printing thereon must be allowed at the binding edge of each tariff.

History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA, Eff. 12/31/72.

38.3.2602   TABLES OF RATES TO BE RULED AND SPACED

(1) When rates, rate basis numbers or numerals used for other purposes are shown in tables, the page shall be ruled from top to bottom.

History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA, Eff. 12/31/72.

38.3.2603   CHANGES TO BE INDICATED IN TARIFF OR SUPPLEMENTS

(1) All tariff publications and supplements thereto must indicate changes to existing rates or charges, rules, regulations or practices, or classifications by use of the appropriate symbols provided in the tariff's approved symbols page pursuant to ARM 38.3.2607(1) (g) .

(2) Explanation of such symbols must be provided in the approved symbols page and in the tariff or supplement in which used, and these symbols shall not be used for any other purpose.

History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA, Eff. 12/31/72; AMD, 1994 MAR p. 965, Eff. 4/15/94.

38.3.2604   ALTERNATE FORM FOR DELINEATING GENERAL CHANGES

(1) When a change of the same character is made in all or in substantially all rates in a tariff or supplement or a page thereof, that fact and the nature of such change may be indicated in distinctive type at the top of the title page of such issue, or at the top of each page, respectively, in the following manner: "All rates in this issue are increases," or "All rates on this page are reductions except as otherwise provided in connection with the rates."

(2) Under this rule the appropriate symbol from the tariff's approved symbols page must be used to symbolize a rate in which no change has been made. This symbol must not be used for any other purpose.

History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA, Eff. 12/31/72; AMD, 1994 MAR p. 965, Eff. 4/15/94.

38.3.2605   OMISSIONS FROM PREVIOUS TARIFFS
(1) When a tariff or supplement cancelling a previous issue omits points of origin or destination, or rates, ratings, rules or regulations, or routes which were contained in such previous issue, the new tariff or supplement shall indicate the cancellation, and if such omissions effect changes in charges or service that fact shall be indicated by the use of the appropriate symbol provided in the tariff's approved symbols page.
History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA, Eff. 12/31/72; AMD, 1994 MAR p. 965, Eff. 4/15/94.

38.3.2606   TITLE PAGE
(1) The title page of every tariff and supplement shall show in the order named:

(a) On the upper left-hand corner of tariffs of less than five pages and on tariffs issued in loose-leaf form the words "No supplement to this tariff will be issued except for the purpose of cancelling tariff unless otherwise specifically authorized by the Commission."

(b) PSC number of tariff or supplement on upper right-hand corner and immediately thereunder the PSC number or numbers of tariffs or supplements cancelled thereby. If the number of cancelled publications is so large as to render it impracticable to thus enter them on the title page, they must be shown immediately following the table of contents, provided specific reference thereto is entered on the title page directly under the PSC number. Carriers' serial numbers, if desired, may be entered below the upper marginal line of title page. Separate series of PSC numbers must be used for freight and passenger tariffs.

(c) Corporate name of issuing carrier or name of agent issuing under power of attorney.

(d) Whether tariff or supplement is local, joint, proportional, or a combination of same and whether class, commodity, or a combination of both.

(e) The territory or points from and to which the tariff or supplement applies, briefly stated by territories, counties, points, or carriers. Where the publication contains both specific and distance or mileage rates, the title page description must include the application of the distance or mileage rates as well as that of the specific rates.

(f) Reference by name and PSC and/or ICC number to the classification, exceptions thereto and/or rules circular, if any, governing the tariff or supplement. The following form shall be used:

Governed, except as otherwise provided herein, by the __________ classification ________ PSC (and ICC) No. ______ by exceptions thereto, __________ PSC (and ICC No. _____, and by rules circular ___________, PSC (and ICC) No. _________ and by supplements to or successive issues of said publications.   A tariff is not governed by a classification, classification exceptions, or rules circular, except when and to the extent stated on or in the tariff.

(g) Date of issue and date effective. (For exceptions to general effective date see ARM 38.3.2507) . A provision in a tariff or supplement that the same or any part thereof, will expire on a given date, is not a guarantee that the tariff, or supplement, or such part of it, will remain effective until and including that date. Such provision, if used, will be held to mean that the tariff or supplement, or specified part of it, will expire with the date named, unless the date is changed on statutory notice, or under authority of special permission of the commission. In such tariffs or supplements the term, "Expires with (date) __________, unless sooner cancelled, changed or extended" must be used. The term "Expires with close of business" on a named date must not be used.

(h) On every tariff or supplement in which all the rates, rules, or regulations are made effective on less than 30 days' notice under authority of the commission, notation that it is issued on ______ days' notice under authority of _____________ (here show authority) . (See ARM 38.3.2506 and 38.3.2507) .

(i) Name, title and street address of officer or agent by whom tariff or supplement is issued.

History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA, Eff. 12/31/72.

38.3.2607   CONTENTS OF TARIFF
(1) Tariff shall contain in the order named:

(a) Table of contents: A full and complete statement, in alphabetical order, of the exact location where information under general headings, by subjects, will be found, specifying page or item numbers. If a tariff contains so small a volume of matter that its title page or its interior arrangements plainly discloses its contents, the table of contents may be omitted.

(b) Corporate name or names of issuing carriers, including carriers for which joint agent issues under power of attorney, when not shown on title page, and corporate names of carriers participating under concurrence, each alphabetically arranged, together with the form and number of power of attorney or certificate of concurrence.

(c) A complete index, alphabetically arranged, of all articles upon which commodity rates are named therein, together with reference to each item (or page) where such article is shown. When nouns are not sufficiently distinctive, articles shall also be indexed under their adjectives. All of the entries relating to different kinds or species of the same commodity shall be grouped together. For example, all items of coal "Coal," and descriptive word or words following, as "Coal, anthracite," "Coal, bituminous," etc.

(d) When articles are grouped together in one list under a generic heading, such generic heading shall be shown in the index and opposite thereto shall be shown reference to each item (or page) where the generic term is used. Each article in the list must be shown separately in its proper alphabetical order in the index, together with reference to each item (or page) where such article is shown by name, but reference to the items (or pages) containing rates applying on the complete list may be omitted provided reference is given to the generic heading as it appears in the index or to an item in that tariff which contains a complete list of the articles covered by the generic term or to the PSC (or ICC) number of a tariff which contains such list. If all of the commodity rates to each destination in a general commodity tariff or a combined class and commodity tariff are arranged in alphabetical order by commodities, the index of commodities may be omitted from that tariff.

(e) An alphabetical index of all points from which rates apply, and a separate alphabetical index of all points to which rates apply, together with the names of counties in which located, except that when the rates apply in both directions between all or substantially all of the stations, the points of origin and destination may be shown in one index. If there are not more than 12 points of origin or 12 points of destination, the name of each, if practicable, may be shown in alphabetical order on the title page of the tariff, and the index of such points of origin or destination, as the case may be, may be omitted.

(f) If points of origin or of destination are shown throughout the tariff of rates, or throughout one or more sections of such tariff, alphabetically, or if points of origin or of destination are shown throughout the tariff of rates in continuous alphabetical order no index of such points of origin or of destination will be required. But when such alphabetical arrangement in the tariff is used, the table of contents must refer to the pages on which points are shown.

(g) Explanation of symbols, reference marks, and abbreviations of technical terms used in the tariff or supplement, except that the explanation of a reference mark or symbol used only in connection with particular items or rates shall also be shown on the page on which used. The symbols shall be used for the purposes indicated and shall not be used for any other purpose in any tariff. Symbols will be a distinct single character, readily identifiable, and not unduly duplicative of common letters or numerals used to designate items or lines in the tariff. Industry standard symbols may be used. At the minimum, symbols will be developed for each of the following purposes:

(i) to denote reductions;

(ii) to denote increases;

(iii) to denote changes in wording which result in neither increases nor reductions in charges;

(iv) to denote no change in rate;

(v) to denote prepay stations or points;

(vi) to denote intrastate application only;

(vii) to denote reissued matter.

(h) Each tariff and subsequent reissue thereof, shall contain a listing of the scope of authority of each carrier's operations, as contained on the carrier's Montana intrastate certificate of public convenience and necessity. Where the tariff has both interstate and intrastate application, both authorities shall be shown. Except when changes have been authorized, the scope of authority need not be brought forward in supplements.

(i) List of exceptions, if any, to the classification or classification exception tariff or tariffs governing the tariff. Such explanatory statements are to be in clear and explicit terms regarding the rates and rules contained in the tariff as may be necessary to remove all doubt as to their proper application.

(j) Rules and regulations which govern the tariff, the title or subject of each rule or regulation to be shown in distinctive type. Under this head all of the rules, regulations, or conditions which in any way affect the rates named in the tariff shall be entered, except as otherwise provided in this section. A special rule affecting a particular item or rate must be specifically referred to in such item or in connection with such rate.

(i) Each rule or regulation should be given a separate number; portions which can be understandingly read without recourse to the whole may be published in separate paragraphs and such paragraphs be given sub-numbers or letters.

(ii) No rule or regulation shall be included which in any way or in any terms authorizes substituting for any rate named in the tariff a rate found in any other tariff, nor shall any rule be provided to the effect that traffic of any nature will be "taken only by special agreement" or other provision of like import.

(iii) Where it is not desirable or practicable to include the governing rules and regulations in the rate tariff, such rules and regulations may be separately published in tariffs filed by an individual carrier or by an agent.

(k) Tariffs which contain rates for the transportation of explosives and other dangerous articles must also contain the rules and regulations promulgated by the commission governing the transportation thereof, or must bear specific reference to the PSC (and/or ICC) number of the publication which contains such rules and regulations. When the latter plan is adopted the tariff referred to shall contain no matter other than the regulations promulgated by the commission or the interstate commerce commission.

(l) Rates and charges shall be published in the format provided in sub-chapter 27.

History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA, Eff. 12/31/72; AMD, 1994 MAR p. 965, Eff. 4/15/94.

38.3.2701   PUBLICATION OF RATES - FORMAT
(1) An explicit statement of the rates, in cents or in dollars and cents, per 100 pounds, per ton, or other unit, together with the names or designation of the places from and to which they apply, are to be included, all arranged in a simple and systematic manner. Complicated plans or ambiguous terms must not be used.

(2) Insofar as possible such rates should be subdivided into small sections (by items, index numbers, or similar method) to each of which should be assigned an identifying number to facilitate reference thereto.

(3) If all rates in a tariff are stated in the same unit, that fact may be indicated on the title page immediately in connection with the application of the tariff. Tariffs containing rates per ton must state that rates apply per ton of 2,000 pounds or per ton of 2,240 pounds as the case may be. Where rates are stated in amounts per package definite specifications of the packages on which such rates apply must be shown or reference must be made to the PSC number of a publication containing such specifications.

(4) A tariff may provide rates from or to designated points by the addition or deduction of arbitraries or differentials from or to rates shown therein from or to base points, but provision for the addition or deduction of arbitraries or differentials must be shown either in connection with the base rate or in a separate item which must specifically name the base point.

(5) A tariff also may contain through rates made by combination on a base point when the factors are subject to different minimum weights or other conditions which affect the measure of the charge, provided the base point is named, the factors are shown immediately in connection with each other, and the conditions to which each factor is subject are shown in connection with each factor, except that each factor may refer to the governing classification or exceptions for such conditions. When all the conditions governing the separate factors are the same, this method of publication must not be used.

(6) When articles are made subject to percentages of class rates (for example, 110 percent of first class, 83 1/3 percent of fifth class, etc.) , whether in a tariff of rates, a classification or exceptions thereto, the rates applicable under such provisions must be shown in the class tariffs just as if those percentages were additional numbered or lettered classes, or reference may be made to an appropriate table, published in the tariff containing the class rates, or in the exceptions to the classification, which will show in one column the class rate and in succeeding columns the figures representing the various percentages of class rates. Unless this is done, specific commodity rates must be published.

History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA; Eff. 12/31/72.

38.3.2702   PROVISIONS FOR INTERMEDIATE POINTS
(1) Rates to (or from) intermediate points not named will be the rate to (or from) the next more distant point to (or from) which rates are named in tariffs or revisions thereof.
History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA; Eff. 12/31/72.

38.3.2703   PROVISIONS FOR MINIMUM WEIGHTS
(1) Minimum truckload weights must be specifically stated in commodity tariffs. When mixed truckload shipments of two or more articles in the same truck are authorized, the tariff must show the minimum weight to be applied and if the articles are not subject to the same rate the tariff must show how the minimum truckload charge will be determined.
History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA; Eff. 12/31/72.

38.3.2704   GROUPING OF ARTICLES UNDER GENERIC HEAD - RATES LIMITED TO ARTICLES TAKING SPECIFIC RATING NOT PERMITTED

(1) A commodity item may provide rates on a number of articles by use of a generic heading without naming such articles, provided such commodity item contains reference to an item in the tariff which contains a complete list of such articles, or contains reference to the PSC (and/or ICC) number of a separate tariff (not a rate tariff) as authorized in ARM 38.3.2606(f) , containing such a list of articles. For example:

"Agricultural implements, as described in item ___________, or successive issues thereof," or "Packing house products, as described under heading 'Packing house products' in PSC (and/or ICC) No. ___, supplements thereto or successive issues thereof." Such reference to a separate item or tariff may not be made unless a definite and complete list of the articles under the same generic heading is shown in the item, tariff or classification so referred to; therefore it is not permissible for a commodity tariff to contain an item such as "Cotton Piece goods, N.O.I. in National Classification," or to contain reference to classification or classification exceptions for a list of articles upon which commodity rates apply when such reference is limited to articles taking a specified rating, such as "Agricultural implements, taking Class 100 rating in National Classification under the heading 'Agricultural implements'."

History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA; Eff. 12/31/72.

38.3.2705   LOCAL TARIFF MUST CONTAIN ALL LOCAL RATES ON SAME COMMODITIES FROM SAME POINTS OF ORIGIN
(1) A local tariff on a single commodity, or a few commodities, shall contain all of that carrier's local commodity rates, other than distance or mileage rates, on such commodity or commodities applying from the points of origin named in the tariff, except that when a joint agent also published local rates on the same commodity from the same points of origin reference by PSC number shall be made in the individual lines tariff to the agency publication.

(2) A joint commodity tariff on a single commodity, or a few commodities, shall contain all the commodity rates of the initial carrier or carriers, other than distance or mileage rates, on such commodity or commodities, applying from the named points of origin to any point in the same rate territory on the destination line named in the tariff via the route or routes authorized by the tariff.

(3) Such local or joint tariffs may contain distance or mileage commodity rates.

History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA; Eff. 12/31/72.

38.3.2706   STATEMENT THAT RATES IN ONE TARIFF TAKE PRECEDENCE OVER RATES IN ANOTHER TARIFF NOT PERMITTED
(1) The publication of class or commodity rates which duplicate or conflict with the rates published in some other tariff via the same route is not permissible, and except as otherwise authorized, the publication of a statement in a tariff to the effect that the rates published therein take precedence over the rates published in some other tariff, or that the rates published in some other tariff take precedence over the rates published therein, is hereby prohibited.
History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA; Eff. 12/31/72.

38.3.2707   COMMODITY RATES MUST BE SPECIFIC
(1) When commodity rates are established the description of the commodity must be specific and the rates thereon must not be applied to analogous articles. As far as possible uniform commodity descriptions should be used in all tariffs.
History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA; Eff. 12/31/72.

38.3.2708   COMMODITY RATE DISPLACES CLASS RATE
(1) Where a commodity rate, either distance or mileage, or specific, is named in a tariff from origin to destination such commodity rate, except. as otherwise provided, is the applicable rate and the only rate that may be used via the route or routes over which the commodity rate applies, even though a class rate, or some combination of rates may make a lower rate.
History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA; Eff. 12/31/72.

38.3.2709   ALTERNATIVE TRUCKLOAD RATES
(1) Different truckload commodity rates based on different minimum weights may be published on a given commodity between specific points, provided a lower rate is made applicable in connection with the higher minimum weight, by publishing such commodity rates in one and the same item or in different columns on the same page and by showing in connection with such item or columns a rule to the effect that the lower truckload charge obtainable under the different truckload rates and minimum weights must be applied. (See also ARM 38.3.2710.)
History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA; Eff. 12/31/72.

38.3.2710   MIXED TRUCKLOADS
(1) Commodity rates may be established on different articles for shipment in mixed truckloads and will be the applicable rate for such mixtures.

(2) Minimum truckload weights should be specified together with a statement in connection with the commodity description that the rates apply when shipped in mixed truckloads.

(3) Such rates may also be made applicable upon straight truckloads of one or more or all of the articles by provision to that effect in connection with the commodity description.

(4) When more than one article is included in an item or commodity description, the tariff must specifically state whether or not the rates apply on straight or mixed truckloads or both.

History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA; Eff. 12/31/72.

38.3.2711   ALTERNATIVE USE OF RATES IN SECTIONAL TARIFFS

(1) The alternative use of rates may be provided by publishing such rates in different sections of one and the same tariff. The first page of each section which shall be known as the title page of the section, shall contain the number of the section and, if desired, the application of the rates published in that section. The title page of each section containing alternating rates shall also contain the following rule:

(a) If the charge accruing under section _____ or ____ of this tariff is lower than the charge accruing under this section orgy the same shipment via the same route the charge accruing under section ______ or ______, whichever is lower, will apply.

(b) Each succeeding page of the section shall also bear the section number. As far as possible the rates in one section should be checked against those in other sections and proper cancellations made, thereby avoiding unnecessary alternation of rates. Alternating reference should not be given to another section unless that section in fact contains rates which do alternate.

(c) Each commodity tariff arranged in section for alternative use hereafter issued shall contain a nonalternating section, and each class and commodity tariff similarly arranged for alternative use shall contain a commodity section which alternates only with class rates in the manner prescribed below.

(d) When a strictly commodity tariff is issued under authority of this rule, section 1 of the tariff shall not have alternative application with other sections, but there shall be published in said section commodity rates which in all instances result in charges lower than would result from the commodity rates published in other sections of the tariff. Under the heading "Application of rates," the following shall appear:

(i) The rates in section 1 are specific commodity rates and do not alternate with rates in other sections of the tariff. See application of that section.

(e) The title page of section 1 shall contain the following notation:

(i) When rates are published in this section on the commodity transported from point of origin to destination, rates named in this section will apply regardless of rates between the same points published in other sections.

(f) The title page of each other section containing commodity rates shall contain the following notation preceding that prescribed in the first paragraph of this section:

(i) When rates are published in section 1, the rates named in this section on the same commodity from and to the same points, via the same route, will not apply.

(g) When publishing both class and commodity rates in sections of a tariff, under authority of this rule, the class rates shall be published in a section or sections preceding the commodity sections. Commodity rates which are lower than and do not alternate with the rates in other commodity sections shall be published in the first commodity section and may alternate only with rates in the class section or sections. Under the heading of "Application of rates," the following notation shall appear:

(i) The rates in section are specific commodity rates and do not alternate with commodity rates in other sections of the tariff. See application of that section.

(h) The title page of the nonalternating commodity section shall contain the following notation preceding that prescribed in the first paragraph of this section:

(i) When rates are published in this section on the commodity transported from point of origin to destination rates named in this section will apply regardless of rates between the same points published in other commodity sections.

(i) The title page of each other section containing commodity rates shall also contain the following notation preceding that prescribed in the first paragraph of this section:

(i) Where rates are published in section          (here show the number of the nonalternating section) the rates named in this section on the same commodity from and to the same points, via the same route will not apply.

(2) The publication of alternative rates in sections of a tariff is subject to the following restrictions:

(a) That only one alternation of class rates against class rates, and not more than two alternations of commodity rates against commodity rates, will be permitted;

(b) That rates published in another tariff may not be reproduced for alternative purposes;

(c) That the one section of a tariff may not alternate with more than three other sections; and

(d) That alternating sections may not be subdivided and except as otherwise authorized in ARM 38.3.2710, a rate in one section may not be alternated against a rate in the same section.

History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA; Eff. 12/31/72.

38.3.2712   ALTERNATION OF CLASS RATES IN ONE TARIFF WITH COMMODITY RATES IN ANOTHER TARIFF
(1) When because of differences in minimum weights, package requirements, mixed truckload provisions, or other conditions the charges accruing under commodity rates result in higher charges than those accruing under the class rates published in other tariffs, provision may be made in a tariff containing commodity rates only, for the alternation of such rates with class rates published in not more than three other tariffs containing class rates only, provided that the commodity tariff contains specific reference to the PSC number or numbers of the class tariffs and shows in connection with each PSC number a complete description of the origin and destination territory shown in that tariff. The following notation must be shown in the commodity tariff under the application of rates:

(a) If the charges accruing under the class rates published in the following tariffs, including supplements to or successive issues thereof, from and to the same points via the same routes are lower than the charges accruing under the commodity rates published in this tariff, the lower charges resulting from such class rates will apply. (Here show PSC numbers of the class tariffs and the required description of each.)

(2) If a commodity tariff contains only a few rates which result in higher charges than would accrue under the class rates the reference to the class tariffs prescribed herein should be shown immediately in connection with such commodity rates or may be shown in a separate item under an appropriate heading and reference to such item shown immediately in connection with the commodity rates.

(3) Great care should be exercised in describing the scope of the class tariffs in order that users of the commodity tariff may determine without examining the class tariffs, which of such class tariffs is to be used in connection with any commodity rate. It also should be understood that the alternative application of commodity rates in one tariff with class rates in another tariff should be resorted to only where there is real necessity therefore and that wherever possible the commodity rates should be revised so that they will not exceed the class rates between the same points.

(4) The continuance of the authority contained in this section will depend upon the progress made by carriers in revising commodity rates in order to avoid unnecessary alternations, and upon the accuracy used in describing the class.

History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA; Eff. 12/31/72.

38.3.2713   TRANSFER OR RATES FROM ONE TARIFF TO ANOTHER

(1) If a tariff or supplement to a tariff or a revised page is issued which is to displace a part of another tariff which is in force at the time, and which tariff is not thereby cancelled in full, it shall specifically state the portion of such other tariff or such other supplement which is thereby cancelled, and such other tariff shall at the same time be correspondingly amended, effective on the same date, in the regular way; that is, by reissue if tariff is of four pages or less, by reissue or supplement if tariff is of more than four pages, and by revised pages if tariff is a loose-leaf tariff. (See ARM 38.3.2801(2) and 38.3.2802) . Such reissue, supplement, or revised page must state where rates will thereafter be found and must be filed at the same time and in connection with the tariff or supplement which contains the new rates. Cancellation may be indicated substantially as follows: "cancels         PSC No.         , to the extent shown in supplement No.         thereto."

(2) A tariff cancelling more than one tariff in whole or in part must include a brief description of such tariffs. It will not be necessary to show on a commodity tariff or supplement reference to class tariffs that may be affected, nor to show on a class tariff or supplement reference to a commodity tariff.

(3) If a tariff is cancelled by the issuance of another tariff to take its place, cancellation notice must not be given by supplement, but by notice printed, in the new tariff, as provided in ARM 38.3.2606(1) (b) . (See ARM 38.3.2605.)

(4) Cancellation of a tariff also cancels supplements to such tariff, if any in effect.

History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA; Eff. 12/31/72.

38.3.2714   TRANSFER OF RATES FROM CARRIERS' TO AGENTS' AND FROM AGENTS' TO CARRIERS'
(1) An agent who acts under authority of power of attorney is fully authorized to act for the principals that have named him their agent and attorney, and therefore, when an agent publishes rates in his tariffs which are to displace the rates in his principals' tariff, the agent must cancel the rates in his principals' tariffs as per ARM 38.3.2713.

(2) A carrier must not publish in its individual tariff rates which are to displace the rates published in a tariff of a duly authorized agent unless the tariff is accompanied by a supplement issued by the agent cancelling the rates in his tariff effective on the same date, as per ARM 38.3.2713.

History: Sec. 69-12-201, MCA, IMP, Title 69, chapter 12, Part 5, MCA; Eff. 12/31/72.

38.3.2801   CANCELLATION, IN WHOLE OR IN PART, OF TARIFF HOW DONE
(1) If a tariff is cancelled with the purpose of cancelling entirely the rates named therein, or when, through error or omission, a later issue failed to cancel the previous issue and such tariff is cancelled for the purpose of perfecting the records, the cancellation notice must not be given a new PSC number, but must be issued as a supplement to the tariff (including loose-leaf tariffs) which it cancels. In the issuance of such supplement the provisions of ARM 38.3.2807 need not be observed.

(2) When a tariff is cancelled in whole or in part by a supplement there to, the supplement must show where the rates will thereafter be found or what rates will thereafter apply. When a tariff is cancelled by another tariff which does not contain all of the rates shown in the tariff to be cancelled the cancelling tariff must show where rates not shown therein will thereafter be found, or what rates will thereafter apply. For example: "Rates in        PSC No.         will apply," or "Class rates will apply," or "Combination rates will apply." (See ARM 38.3.2605.)

(3) When portions of a tariff (excepting a tariff in loose-leaf form or a classification) , or of a supplement to a tariff, are designated as items they must be given numbers and the cancellation of an item by supplement must be under the same item number with letter suffix. For example: Item 40-A cancels Item 40; Item 40-B cancels Item 40-A; and so on. If an item or any part thereof is transferred to another item of different number in the same tariff, the cancellation must be carried under the original item number and must show in what item or items the effective rates are to be found. If an item is withdrawn in its entirety, or expires by its own terms, leaving no rates or provisions in effect in that item, the cancellation or expiration must be brought forward in subsequent supplements as a reissued item. An item once lawfully eliminated by cancellation or expiration may not be reinstated except by republication under a new effective date.

(4) Such republication, except as provided in the second paragraph of this section, must be under the same item number, must cancel the former item and must be given the next letter suffix. For example: If the cancelling item is 40-A the newly published item should read "Item 40-B cancels Item 40-A."

(5) The items in each supplement to a classification must be numbered consecutively, commencing with Item 1 on each page, must cancel the previous item and must show where the cancelled item appeared. For example: Item 6 cancels Item 3, page     of Supplement     ; Item 10 cancels Item 1, page     , of classification.

(6) When withdrawing a rule or item designated by an item number the cancelled matter need not be reproduced in connection with the item effecting the cancellation, except to the extent necessary to identify the item.

History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA; Eff. 12/31/72.

38.3.2802   AMENDMENTS AND SUPPLEMENTS
(1) A change in or addition to a tariff shall be known as an amendment, and, excepting amendments to tariffs of less than five pages, and amendments to tariffs in loose-leaf form, shall be published in a supplement to the tariff. When an amendment is made in a numbered item, or other unit, such item, or other unit must be published in a supplement in its entirety as amended. When rates are published in numbered items, cancellation shall be made as prescribed in ARM 38.3.2801. When rates are published in numbered units other than item numbers, supplements changing matter must specifically provide for the cancellation of such matter by reference to the number of the item or other unit that it cancels. When such a change is made in matter published in a supplement in a numbered unit other than an item, the new supplement must also give reference by number to the previous supplement. In those instances where matter is not published in numbered units, the changed provision must be published in the supplement in its entirety and reference must be made to the page or pages of the tariff on which the matter to be cancelled is shown. If such matter has been cancelled by a previous supplement, specific cancellation must be made of the corresponding matter in the "tariff as amended" and specific reference shall be made by number to page or pages of the previous supplement containing the matter to be changed, and to the page or pages of the original tariff formerly containing such matter corresponding thereto.

(2) The matter contained in each supplement shall be arranged in the same general manner and order as in the tariff which it amends and when stations in a tariff are given index numbers the same index number must be assigned to the same station in all supplements to the tariff.

History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA; Eff. 12/31/72.

38.3.2803   PARTICIPATING CARRIERS - HOW SHOWN IN SUPPLEMENTS

(1) A supplement shall contain either a list of carriers participating therein, or shall state that the list of participating carriers is "as shown in tariff," or "as shown in tariff and effective supplements," to which may be added "except (here show corrections in, additions to, or eliminations from the original list that are affected by the supplement) ." Changes in or additions to the list of participating carriers in the tariff or previous supplements shall be listed alphabetically.

(2) When a participating carrier is eliminated by supplement such supplement must also provide for cancellation of rates in connection with that carrier. (See ARM 38.3.2801.) Reissue of effective changes shall be indicated as required by ARM 38.3.2806.

History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA; Eff. 12/31/72.

38.3.2804   SUPPLEMENT NUMBER AND CANCELLATION

(1) Supplements to a tariff shall be numbered consecutively. Each supplement shall specify on its title page the supplement or supplements or tariff or tariffs which it cancels, and shall also show what supplements contain actual changes from the rates, rules, or regulations in the original tariff. In connection with the numbers of the supplements issued under these rules, reference marks must be used and explained on the title page to indicate the nature of the supplements filed under such authorities. The term "cancels conflicting portions" must not be used, but cancellations must be specific as required by ARM 38.3.2801(3) and 38.3.2802(1) .

History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA; Eff. 12/31/72.

38.3.2805   EXCEPTION TO GENERAL EFFECTIVE DATE
(1) Every publication which contains rates, rules or regulations effective upon a date different from the general effective date of such publication must show on its title page the following notation: "Effective     ,19    (except as otherwise provided herein) " or "(except as provided in Item     ) " or "(except as provided on page      ) ."

(a) Every publication which consists partly but not wholly of matter established upon less than statutory notice shall show in connection with each change made effective on less than statutory notice a notation that such matter is issued on            

days' notice under authority of     , (here give specific reference to the special permission, decision, order, rule, or other authority.

History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA; Eff. 12/31/72.

38.3.2806   REISSUED MATTER
(1) Matter brought forward without change from a tariff which has not been in effect 30 days, also matter brought forward without change from one supplement to another, must be designated "reissued" in distinctive type and must show the original effective date and the number of the supplement or tariff from which it is reissued; or must be uniformly indicated by the letter T followed by the symbol for "reissued" when reissued from another tariff or from a supplement to another tariff and by numerals commencing with 1 followed by the symbol for "reissued" when reissued from a prior supplement to the same tariff, printed in distinctive type and shown in a conspicuous manner, and the explanation thereof must be made in the tariff or supplement in which the symbols are used. Examples: "T       Reissued from PSC No.     , or (Supplement No.       to PSC No.      ) , effective (date upon which item became effective in former tariff or supplement to another tariff)          , 19   "; "T       Reissued from Supplement No. 1, effective      , 19    ," and so on numerically, the figures of the symbols always representing the number of the supplement to the same tariff from which the reissued item is brought forward. If items in a tariff or supplement are made effective on dates other than the general effective date shown on the title page, reissue of such items may be indicated in later publications by showing a letter suffix or other symbol in connection with, and as a part of, the letter T or the numerals followed by the symbol for "reissued" as herein authorized. When the reissued item became effective in a supplement to another tariff, the PSC number of that tariff must also be given. The letter T and numerals commencing with 1, both followed by the symbol for "reissued," shall not be used as reference marks or symbols for any other purpose in any tariff or supplement.
History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA, Eff. 12/31/72; AMD, 1994 MAR p. 965, Eff. 4/15/94.

38.3.2807   NUMBER OF SUPPLEMENTS EFFECTIVE AT ANY TIME

(1) Except as authorized in ARM 38.3.2801 tariffs of 4 pages or less may have no supplement; not more than 1 supplement may be in effect at any time to a tariff containing 5 and not more than 16 pages; not more than 2 supplements may be in effect at any time to a tariff containing 17 and not more than 80 pages; not more than 3 supplements may be in effect at any time to a tariff containing 81 and not more than 200 pages; and not more than 4 supplements may be in effect at any time to a tariff containing more than 200 pages.

(2) Except as authorized in ARM 38.3.2801 and 38.3.3301, tariffs containing 5 and not more than 12 pages may have not more than 4 pages of supplemental matter, and tariffs containing more than 12 pages may have supplemental matter aggregating not more than 33 1/3 percent of the number of pages in the tariff except that if the number of pages in the supplement which brings the volume of matter up to that authorized by the rule is not evenly divisible by 4, it may exceed the volume authorized to the extent necessary to bring the number of pages of such supplement to the next multiple of 4. The smallest of 3 effective supplements to a tariff of more than 80, but not more than 200 pages shall contain not more than 8 pages, and the smallest of 4 effective supplements to a tariff of more than 200 pages shall contain not more than 16 pages.

(3) The provisions of the first and second paragraphs of this rule will also apply to tariffs filed prior to 12/31/72.

History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA, Eff. 12/31/72.

38.3.2808   INDEX TO SUPPLEMENTS
(1) A supplement of 5 or more pages must have an index of the matter which it contains, and a supplement of more than 23 pages must also contain a table of contents. In view of the provision of ARM 38.3.2801(3) which requires that cancellation of a numbered item must be made under the same item number in a supplement as that given to that item in the tariff, and the requirement of ARM 38.3.2802 which provides that the index number assigned to a station in a supplement must be the number assigned to that station in the tariff, the table of contents and indexes in a supplement of five or more pages need not contain therein entries which are shown in the table of contents or indexes in the tariff: Provided, that in connection with the index of points of origin (or destination) the following notation shall be shown:

(a) The index numbers of stations in this supplement correspond with the index numbers of the same stations shown on pages      to      , inclusive, of the tariff, with the following additions and exceptions:

(i) The table of contents and indexes in such a supplement may be omitted if ARM 38.3.2607 does not require the tariff, to which the supplement is issued, to contain a table of contents and indexes.

History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA, Eff. 12/31/72.

38.3.2809   SUPPLEMENT TO TARIFF THAT IS FILED AND NOT YET EFFECTIVE

(1) If a tariff is filed on statutory notice cancelling another tariff and after such filing a supplement to the tariff to be so cancelled should be issued effective prior to the general effective date of such new tariff, rates in such supplement could not continue in effect for the 30 days required by law because the cancellation of the former tariff also cancels supplements to it. In such a case, and confined to additions or to changes in rates or provisions which were brought forward in the new tariff without change, the provisions of ARM 38.3.2807 need not be observed as to the old tariff, and a supplement making the same changes in or additions to both tariffs may be issued as supplements both to the tariff in effect and to the tariff which will effect such cancellation, and be given both PSC numbers. In other words, such issue must be a supplement both to the old and the new tariffs and copies must be posted and filed accordingly. Only one such supplement may be in effect at any time.

(2) Rates or provisions which have been established in an old tariff and reproduced or reissued in a new tariff may be changed upon lawful notice by supplement to the new tariff, effective not earlier than the general effective date of the new tariff, by showing in the following manner in connection with the changed rates or provisions that the rates or provisions changed thereby have been in effect 30 days or more, in the former issue. Example: "Item 40-A cancels item 40.Item 40 effective             , brought forward without change from Item No.             of PSC                 No. (former issue) ."

(3) New rates or provisions which do not change rates or provisions in either the old or new tariff may be established upon lawful notice by supplement to the new tariff, effective not earlier than the general effective date of the new tariff, by showing in the following manner, in connection with the new rates or provisions that the rates or provisions previously applicable have been in effect 30 days or more in a former issue. Example: "Addition. Changes class rates which became effective                in PSC No.              ."Unless the provisions of this paragraph are complied with no supplement to a tariff that is on file and not yet effective may be made effective within 30 days from the effective date of the tariff with out special permission.

History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA, Eff. 12/31/72.

38.3.2901   LOOSE-LEAF TARIFF FORMAT

(1) Pages of loose-leaf tariffs shall be printed on thin paper of strong texture, on one side only; must be consecutively numbered and designated as "Original page 1," "Original page 2," etc. Each page must show at the top of the page the name of the issuing carrier or agent, the page number, and the PSC number of the tariff. At the bottom of the page shall be shown the date of issue, the effective date, and the name, title, and street address of the issuing officer or agent.

(2) Changes in and additions to loose-leaf tariffs shall be made by reprinting the page upon which change or addition is made, and such changed page shall be designated as a revised page. For example: "First revised page 1 cancels original page 1," or "Second page 2 cancels first revised page 2," etc. When a revised title page is issued the following notation shall be shown in connection with its effective date: Original tariff effective                   (here show effective date of the original tariff) except as hereinafter provided in (6) hereof.

(3) If on account of expansion of matter on any page it becomes necessary to add an additional page in order to take care of the additional matter, such additional page shall be given the same number with a letter suffix. For example:

"Original page 4-A," "Original page 4-B," etc. If it is necessary to change matter on original page 4-A it may be done by issuing first revised page 4-A, which shall provide for the cancellation of original page 4-A.

(4) When a revised page is issued which omits rates, rules, or regulations theretofore published on the page which it cancels, and such rates, rules, or regulations are published on another page, the revised page must make specific reference to the page on which the rates, rules, or regulations will be found, and the page to which reference is so made must contain the following notation in connection with such rates, rules, regulations, etc.:

(a) For               (here insert rates, rules, regulations, etc., as case may be) in effect prior to the effective date hereof see page                    

(b) Subsequently revised pages of the same number must omit this notation insofar as this particular matter is concerned.

(5) If after a tariff has been filed with the Commission it is desired to file additional pages, such pages may be subsequently filed to the tariff and numbered beginning with the next successive page number to the last page of the tariff, and must be designated as "Original page.           ." For example, when the tariff filed has 150 pages, page 151 when filed must not be designated as an "Additional" page but should be designated as "Original page 151."' Such a page can be filed only for the purpose of adding new matter which does not change the rates, rules or regulations then in force on other pages of the tariff.

(6) Supplements shall not be issued to loose-leaf tariffs, except for the purposes authorized by the following:

(a) ARM 38.3.2901(7) . Conversion supplements to provide general rate changes.

(b) ARM 38.3.2713 and 38.3.2801. Transfer or cancellation of provisions.

(c) ARM 38.3.3001. Suspended matter.

(d) ARM 38.3.3302. Transfer of operations change in name and control.

(e) ARM 38.3.2713 and 38.3.2714. Takeover publications (transfer of agent) .

(7) A conversion table type supplement may be filed to any bound or loose-leaf tariff having not less than 20 pages (excluding supplements) to provide a general change in the level of all or substantially all the rates or charges, or all or substantially all the rates or charges in a described category (less-than-truckload, truckload, etc.) named in the tariff. The supplement shall be in clear, explicit, and simple terms, and be free of conflict and ambiguity. A conversion type supplement may be filed by a carrier or agent to a tariff of less than 20 pages (excluding supplements) provided it is filed at the same time as such supplements are filed by it to other of its tariffs which have 20 or more pages and provided the change is part of the same general rate adjustment.

(a) The conversion supplements shall contain an application provision reading substantially as follows:

 

Except as provided in [here identify location of listing of items, notes, or provisions not subject to

rate change in whole or in part, specifying what part] and in [specify whether supplements or

loose-leaf pages] issued subsequent to this supplement, all rates and charges published in this

tariff, as amended, or as may be amended in [specify whether supplements or loose-leaf pages]

issued subsequent to this supplement, are hereby or will on their effective dates be [specify

whether increased or reduced] as follows for the period this supplement is in effect.

 

Immediately following this statement, a clear and explicit application of each column of changes must be published. If the supplement does not contain exceptions to or any nonapplication or the rate changes, the reference in the statement to a listing of exceptions must be omitted. However, under no circumstances may the exception therein with respect to subsequent supplements or loose-leaf pages be omitted. If not all of the rates or charges in a tariff are being changed by the supplement, the statement must clearly and definitely state the exact category of rates or changes (any-quantity, less-than-truck-load, truckload, volume, or less-volume rates, minimum charges, etc.) being changed and/or the exact items, sections, etc., of the tariff in which they are contained. Reference to categories of rates may employ only terms used in the tariff or determinable through its published definitions.

(b) If the supplement does not include all the tariff rates and charges to be changed, it must provide a percentage formula or other basis for converting rates and charges which are higher than those shown or otherwise not shown in the conversion table. If this is necessary, the supplement must provide a method of disposing of resulting fractions. When multiple-factor rates or charges made by use of arbitraries or other means are being changed, the method of computing such changes shall be provided.

(c) The base and the converted rates or charges must be in the same monetary unit (in cents, in dollars and cents, etc.) used in the tariff. If the tariff names rates or charges in more than one monetary unit (for example, some in cents, others in dollars and cents) , the unit used must be the one employed in the greatest percentage of rates and charges to be changed, and a provision must be published stating how the change is to be applied in connection with the remainder, for example, if the conversion supplement is based on a monetary

unit of "in cents," it shall contain the following rule:

 

Where the rate or charge is stated in dollars or dollars and cents per 100 pounds, per ton, per

article, per piece, per package, per shipment, or per any other unit, first find the rate or charge

which is equivalent in cents under column [here show column containing base rates] of the

conversion table herein and then apply the changed rate or charge shown opposite thereto in

columns [here show numbers of columns containing changed rates or charges] in item [here

show number of item containing application of columns] herein.

 

(d) Each supplement may contain not more than ten columns of rates or charges including the base rate or charge column. As to any base rate or charge, application of only one column of changed rate or charge is permitted.

(e) Each conversion type supplement shall contain no other matter, be indicated to expire with a specific date not beyond one year from its effective date, and, as to a bound tariff, be exempted from the terms of ARM 38.3.2807. Each regular (not conversion type) supplement containing only republished class-rate tables and necessary related provisions forming a part of the same general rate adjustment and not made subject to a conversion table shall also be exempt from the terms of ARM 38.3.2807. Such a regular supplement need not show an expiration date.

(f) As to bound tariff, an exception item or note may be republished from the conversion supplement into a regular supplement in order to add, eliminate, or change provisions. As to a loose-leaf tariff, exceptions may be published in an item in the tariff proper to which the conversion supplement may refer, in which case the item may be republished in the regular manner in subsequent republications of the particular page. If the exceptions are published in the conversion supplement issued to a loose-leaf tariff, they may not be amended.

(g) The title page of the conversion supplement shall indicate, in the top margin, whether the changes are increases or are reductions. If the changes consist of some of both kinds, the notation must add "as indicated herein" and the different categories of changes must be indicated by use of the appropriate symbols for increase and reduction.

(h) All subsequent amendments (supplements or loose-leaf pages) to the tariff becoming effective during the effectiveness of the conversion supplement and naming rates or charges shall contain a notation indicating whether such amendments are or are not subject, as the case may be, to the provisions of the conversion supplement and/or an item, identifying such supplement and/or item.

(i) As to a tariff, only one conversion supplement may be in effect at any time. The duration of the application of published changes in a conversion supplement may not be extended by a like supplement providing the same increases or reductions. A conversion supplement may not be reissued with the same expiration date unless requested by the Commission.

(j) The provisions of this paragraph do not authorize the publication and filing of so-called master tariffs or "connecting link supplements."

History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA; Eff. 12/31/72; AMD, Eff. 8/5/76.

38.3.2902   CHECK SHEETS

(1) The page of every loose-leaf tariff next to the title page shall be designated as "Original page 1" and shall be known as a "check sheet." When the original tariff is filed the check sheet must show the number of pages contained in the tariff. For example: "Pages 1 to 150, inclusive, of this tariff are effective as of the date shown." When new pages numbered 151, 152, etc., are added, the above notation must be correspondingly revised to include the added pages. When pages are revised, when new pages (including pages with letter suffix) are added to the tariff, or when supplements are issued the check sheet must be revised accordingly and, in addition to the above notation, shall show under the heading "Original and revised pages as named below and   supplement No.        contained all changes from the original tariff that are in effect on the date hereof" in numerical order a list of all original pages that have been added to the tariff and the pages which have been revised, including the revision number. For example:

                                                                                                               Number of revision

     Page                                                                                                except as indicated

 

     3........................................................................................................            5th

     5A.....................................................................................................            Orig.

     10.....................................................................................................             8th

     151...................................................................................................            Orig.

 

(2) Revised check sheets listing the added or revised pages must accompany such pages when forwarded to the Commission for filing.

(3) Changes shall be indicated as required by ARM 38.3.2603. Items which have been in effect 30 days or more need not be shown as reissued items on revised pages, but may be republished as effective on 30 days' notice. Items which have not been in effect 30 days when brought forward on revised page must be shown as reissued in the manner prescribed in ARM 38.3.2805.

(4) When protective covers for loose-leaf tariffs are used, only such information should appear thereon as will remain constant and in use during the life of the tariffs.

History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA; Eff. 12/31/72.

38.3.3001   SUSPENSION OF TARIFFS
(1) Upon receipt of order of suspension of any publication in its entirety the carrier or agent who filed such publication shall immediately file with the Commission a supplement, which must not bear an effective date, quoting the pertinent portions of the Commission's order of suspension which describe the publication suspended and stating that such publication is under suspension and may not be used until such specified date as the suspension order of the commission may name and that rates, charges, classifications, rules, regulations, or practices theretofore in effect and which were to be changed by the suspended publication will remain in effect until lawfully changed. Such supplement shall state by PSC number or numbers the tariff or tariffs, or supplements thereto, or revised pages where rates, charges, classifications, rules, regulations, or practices so continued in effect will be found. The paragraph of the Commission's order prohibiting changes in the suspended matter shall be reproduced in the suspension supplement.

(2) Upon receipt of order of suspension of a part of a publication which, except as to such part, is allowed to become effective, the carrier or agent who filed such publication shall immediately file with the Commission a supplement, which must not bear an effective date, quoting the pertinent portions of the Commission's order of suspension which describe the matter suspended and stating that the part or parts of such publication specified in the order are under suspension and may not be used until such specified date as the suspension order of the Commission may name, and that rates, charges, classifications, rules, regulations, or practices theretofore in effect and which were to be changed by the suspended publication will remain in effect until lawfully changed. Such supplement shall also contain in reissued items the rates, charges, classifications, rules, regulations, or practices applicable during the period of suspension or shall give specific reference, by PSC number or numbers, to the tariff or tariffs, or supplements thereto, or revised pages where they will be found. The paragraph of the Commission's order prohibiting changes in the suspended matter shall be reproduced in the suspension supplement.

(3) When the Commission has suspended a supplement in whole or in part it frequently occurs that prior to the filing of the supplement announcing suspension a carrier or its agent files a later supplement which contains, as reissues, the matter suspended in the previous supplement. In such instances the suspension supplement required by this rule shall also specifically cancel from the later supplement such reissued matter, and by amendment to the title page of said later supplement shall eliminate the cancellation of the suspended supplement when the latter is suspended in full, and when a supplement is suspended in part shall provide that such later supplement cancels such previous supplement except portions under suspension. Tardiness in filing supplements announcing suspension may result in the rejection by the Commission of the supplement which cancels the suspended matter.

(4) When the Commission suspends an entire tariff, the previous tariff and effective supplements are continued in effect and will remain in force during the period of suspension or until lawfully cancelled or reissued. Except as to loose-leaf tariffs and tariffs of less than five pages, supplements containing additions and/or changes in rates, charges, classifications, rules, regulations, or practices which were not sought to be changed by the suspended tariff may be filed to the previous tariff without regard to the volume of supplemental matter which the effective supplements in the aggregate may contain. If the volume of supplemental matter permitted by ARM 38.3.2807 has been exceeded under authority of this paragraph and the Commission orders the cancellation of the suspended tariff, the volume of supplemental matter must be brought within the requirements of ARM 38.3.2807 by schedule filed within 90 days, or such tariff must be reissued in accordance with the following provisions: If consisting of less than 100 pages, by schedule filed within 90 days, and if consisting of 100 or more pages, by schedule filed within 120 days, from the date upon which the suspended tariff is cancelled.

(5) When the Commission suspends an entire supplement to a tariff, or portions of a tariff or of a supplement to a tariff, the Commission's rule as to the volume of supplemental matter which the effective supplements in the aggregate may contain is not waived, except that a supplement containing suspended matter will not be counted against the number of effective supplements or the volume of supplemental matter permitted to such tariff under ARM 38.3.2807, provided all matter in such supplement, except the suspended portions thereof, are reissued in or specifically cancelled by a sub- sequent supplement. When a tariff (or supplement) which is suspended in part is reissued, such reissue shall cancel the tariff (or supplement) containing the suspended matter "except portions under suspension in I. and S. docket No.     ." When a tariff which is suspended in part is reissued, such reissue shall also cancel the tariff containing the matter which is contained in effect by the suspension. When a tariff, as to which a supplement is suspended in whole or in part, is reissued, the reissue shall cancel the tariff "except portions under suspension in supplement No.        (or in item No.   of supplement No.     ) in I. and S. docket No.     " and shall reissue the matter which is continued in effect by the suspension.

(6) A suspended rate, charge, classification, rule, regulation, or practice may not be changed or withdrawn or the effective date thereof further deferred except by order or special permission of the Commission, nor may any change be made in a rate, charge, classification, rule, regulation, or practice which is continued in effect as a result of such suspension except under order or special permission of the Commission.

(7) When the Commission vacates an order of suspension as of a date earlier than the date to which suspended, the carrier or agent who filed such suspended tariff, supplement, or revised page may file with the Commission, on not less than one day's notice, unless otherwise provided by the order, a supplemental stating the date upon which, under authority of the vacating order, the tariff supplement, revised page, item, rate, charge, classification, rule, regulation, or practice will become effective. Unless such supplement is filed naming an earlier date than the date to which suspended, the suspended schedule will become effective on the date to which suspended.

(8) When an order which suspended a tariff in its entirety is vacated, the vacating supplement filed under authority of this rule, if made effective on or before the date to which the tariff is suspended, may also include as reissues, changes or additions which have been lawfully established in supplements to the former tariff. If a new tariff has been filed during the period of suspension, cancelling the tariff proposed to be cancelled by the suspended tariff any changes or additions published in the new tariff which are not included in the suspended tariff may be included in the vacating supplement as reissued items, provided the vacating supplement also cancels such new tariff. No other matter may be included in vacating supplements. When reissued matter is published in a vacating supplement, the vacation notice must be printed in not less than 10-point type, either on the title page or immediately preceding the rate information.

(9) When a tariff containing suspended matter has been cancelled by a new tariff, except as to portions under suspension, and the Commission vacates its suspension order effective on a date subsequent to the effective date of the new tariff, a supplement must be filed to the new tariff effective on not less than one day's notice, republishing and establishing the suspended matter and cancelling the matter which was effective during the period of suspension, also cancelling the matter under suspension in the former issue. Unless this is done the matter which was suspended will not become applicable, as the effective matter in the new tariff remains in effect until cancelled. When the Commission vacates its suspension order effective on a date prior to the effective date of the new tariff, a vacating supplement, as prescribed in this section, should be filed to the old tariff and a supplement should also be filed to the new tariff on not less than one day's notice, establishing therein on the effective date thereof matter which was under suspension in the old tariff. A common supplement to both tariffs as authorized by ARM 38.3.2809 may be issued upon not less than one day's notice to accomplish this purpose.

(10) When the Commission orders the cancellation of a tariff, supplement, revised page, item, rate, charge, classification, rule, regulation, or practice theretofore suspended by it, the cancellation shall be effected by filing with the Commission upon not less than one day's notice, unless otherwise provided by the order, a supplement stating the date upon which in accordance with the commission's order said rate, charge, classification, rule, regulation, or practice is cancelled; except that, when desired, such cancellation may be accomplished in a new tariff cancelling the tariff containing the suspended matter. When an order of the Commission requires the cancellation of suspended matter on or before a date which is subsequent to the date to which suspended, carriers should endeavor to make the cancellation effective prior to the date to which the matter was suspended, in order to prevent the rates which have been found not justified from becoming effective. If the suspended matter is not cancelled on or before the date to which suspended it will be necessary, when cancelling the suspended matter, to republish and reestablish the matter continued in force during the period of suspension.

(11) Every suspension, vacating, and cancellation supplement issued under authority of this rule must bear on its title page the following notation: "Issued under authority of ARM 38.3.3001 and in compliance with order of the Montana Public Service Commission, Suspension Docket No.      , of (date)            ."

(12) Such supplements will not be counted against the number of effective supplements or the volume of supplemental matter permitted under ARM 38.3.2807, but must list effective supplements as required by ARM 38.3.2804.

(13) The provisions of this rule relating to suspension, vacating, and cancellation supplements will also govern in connection with tariffs issued in loose-leaf form, except that such supplements must not contain rates, charges, classifications, rules, regulations, or practices. All changes made in loose-leaf tariffs must be published on revised pages.

History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA; Eff. 12/31/72.

38.3.3301   PERIODICAL TARIFFS

(1) A tariff may provide that it will be reissued periodically at specified times, not more than nine months apart. Such tariff must bear on upper left-hand corner of title page the notation: This tariff will be reissued effective on or before              , 19     .

(2) Supplements to such tariff may contain all amendments thereto without limit as to volume.

(3) Unless the date fixed for reissue of a particular tariff is strictly observed, future issues of that tariff may not be published under authority of this rule.

History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA; Eff. 12/31/72.

38.3.3302   ADOPTION OF TARIFFS UPON SALE AND TRANSFER OR LEASE

(1) Upon approval of sale and transfer, or lease, of certificate of authority from one carrier to another, currently existing tariffs and time schedules may be adopted, in whole, by the new entity. When carrier elects to adopt tariffs and time schedules of the old entity, the Commission shall be so advised in writing. Executed adoption notices, in triplicate, will be forwarded to applicant, for signature and approval. The Commission, at its discretion, may decline to approve adoption of tariffs not found to be in compliance with the rules, regulations or standards of this Chapter. The Commission may, however, for good cause, allow adoption of the old tariffs, subject to the requirement that new tariffs, complying with the provisions of this Chapter, be filed for approval, not later than 30 days after the issuance of certificate.

(2) In addition to filing the above-mentioned adoption notice, the new carrier shall file a supplement to each of the tariffs covered by the adoption notice reading as follows:

 

Effective                                                      (here insert date shown in the adoption notice) , this tariff

 

or as amended, insofar as it contains rates, rules, and or regulations applying from, to, at, or via

 

the following points                                                      (naming them) , became the tariff of the

 

                                                     corporate name of adopting carrier as per adoption notice) .

 

(3) Such supplements must contain no other matter, must bear reference to this rule, and may be issued without regard to the provision of ARM 38.3.2806.

History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA; Eff. 12/31/72.

38.3.3303   EXISTING TARIFFS
(1) Tariffs, time schedules and revisions thereof, filed with, and approved by the Commission, prior to 12/31/72, shall be deemed adequate, provided, however, that all future reissues and revisions to such tariffs shall comply with the rules, regulations, orders or standards established by this Chapter.
History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA; Eff. 12/31/72.

38.3.3304   POWERS OF ATTORNEY, CONCURRENCE, REVOCATION

This rule has been repealed.

History: 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA; Eff. 12/31/72; REP, 2015 MAR p. 1276, Eff. 8/28/15.

38.3.3305   DISPLAY OF RATES - TAXIS
(1) Each Class B Motor Carrier, for the transportation of persons and their personal baggage, taxis, will, at all times, display inside each vehicle operated in such service a printed card showing the rates charged for all services said carrier is authorized to perform. The printing will be of sufficient size to be read-able from the interior of the vehicle and will be mounted in a visible position above the windshield or on the instrument panel of the vehicle. The card will be kept in a legible condition. The pricing may be arranged in a style to permit easy determination of all fares, and charges, by the driver or the passenger, but the fares shown will correspond to the tariffs approved and on file with the commission.
History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA; Eff. 12/31/72.

38.3.3306   AGGREGATE AND INTERMEDIATE RATES VS. THROUGH RATES
(1) No Class A or B Motor Carrier shall charge or receive any greater compensation in the aggregate for the transportation of persons, or of like kind of property, for a shorter than for a longer distance over the same line in the same direction, the shorter being included within the longer distance, nor charge any greater compensation as a through rate than the aggregate of the intermediate rates without Commission approval. Upon a showing to the Commission, after notice and hearing, a carrier may seek approval of such rate, and if supported by sufficient evidence, the Commission may grant such greater rate for a shorter distance.
History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA; Eff. 12/31/72.

38.3.3316   WAIVER
(1) The Commission may, upon good cause shown waive, in whole or in part, compliance with any rule, regulation, order or standard established in Sub-Chapters 24 through 33.
History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA; Eff. 12/31/72.

38.3.3401   COMPARISON OF PRESENT AND PROPOSED RATES-- DEFINITION, PERMANENCE
(1) Unless the context otherwise requires, in this sub-chapter the meaning of the term "increase" shall include "decrease" and any other change or modification.

(2) No temporary rate increase shall be renewed or granted unless a carrier or bureau has demonstrated that the same should be done and is permitted by law.

(3) All rate increase tariff filings must be accompanied by a cover sheet setting forth the present rate, the proposed rate, and the percentage change for each affected item.

History: Sec. 69-12-201, MCA; IMP, Title 69, chapter 12, part 5, MCA; NEW, 1978 MAR p. 1733, Eff. 12/29/78; AMD, 1990 MAR p. 1263, Eff. 6/29/90.

38.3.3402   REQUIREMENTS FOR INDEPENDENT CARRIER FILING

(1) Income statements and balance sheets must be submitted for the last calendar or fiscal year. Where possible, that year should run from January 1st through December 31st, or other established regulatory fiscal year (i.e., four 13-week periods) .

(a) A pro forma income statement must be submitted which includes all known expense increases, along with the revenue derived from the current requested increase.

(b) Written verified statement explaining the reason(s) or need(s) for the requested increase must be supplied.

(c) Back-up data on all significant expense increases must be included. In the verified statement an explanation will be offered for each increased expense item, along with supporting documents, attached for easy reference (i.e., labor contracts, fuel bills, etc.) .

History: Sec. 69-12-201, MCA; IMP, Title 69, chapter 12, part 5, MCA; NEW, 1978 MAR p. 1733, Eff. 12/29/78.

38.3.3403   REQUIREMENTS FOR TARIFF BUREAU FILINGS
(1) When submitting a bureau filing, all carrier's data must be submitted for the same time frame with no overlapping periods.

(a) A consolidated income statement for the last calendar or fiscal year must be submitted. A consolidated pro forma income statement must be submitted, including all known expense increases and the revenue to be derived from the requested increase.

(b) A verified statement must be supplied on a consolidated basis. Individual carrier's forms must be filed and verified and shall include all back-up data for significant expense increases.

(c) Bureaus will submit a listing of all carriers party to the affected tariff, along with the corresponding issue revenue for each carrier. This listing must be in descending order of issue revenue.

(d) The carriers submitting detailed information will account for at least 65 percent of the issue revenue.

History: Sec. 69-12-201, MCA; IMP, Title 69, chapter 12, part 5, MCA; NEW, 1978 MAR p. 1733, Eff. 12/29/78.

38.3.3404   ADDITIONAL REQUIREMENT FOR CARRIERS THAT FILE WITH THE I.C.C.

This rule has been repealed.

History: 69-12-201, MCA; IMP, Title 69, chapter 12, part 5, MCA; NEW, 1978 MAR p. 1733, Eff. 12/29/78; REP, 2015 MAR p. 1276, Eff. 8/28/15.

38.3.3405   SIMULTANEOUS FILING OF TARIFFS AND JUSTIFICATION - SUBSTANTIAL COMPLIANCE
(1) All justification material should be filed at the same time the tariffs are deposited at the commission.

(2) For good cause shown substantial compliance with this sub-chapter will be considered sufficient.

History: Sec. 69-12-201, MCA; IMP, Title 69, chapter 12, part 5, MCA; NEW, 1978 MAR p. 1733, Eff. 12/29/78.

38.3.3601   FUEL COST SURCHARGE
(1) All intrastate motor carriers operating under commission approved tariffed rates or commission approved maximum rates may charge, in addition to such rates, a fuel cost surcharge as provided by this rule.

(2) The commission may grant approval for a surcharge upon written request by a qualifying carrier:

(a) establishing that the carrier's fuel costs (for like fuel purchases) have increased by more than 6 percent from the lowest average fuel cost in any seven consecutive day period within the preceding three months;

(b) identifying the percentage increase in fuel costs and the percentage increase in rates necessary to offset the increased fuel costs; and

(c) establishing that the increase is likely to be of duration more than two months but less than six months.

(3) The commission may grant approval for decrease or increase to an existing surcharge upon written request by a qualifying carrier establishing that fuel costs have decreased or increased by more than 3 percent since the surcharge was approved.

(4) The surcharge or amendment to the surcharge becomes effective on the date approved by the commission and applies to all transportation after that date until expiring or being terminated by the commission.

(5) The surcharge shall be effective for 90 days from the date of approval by the commission, but may be extended for an additional 90 days. Amendments do not extend the effective period. Before or after the expiration of the times permitted by this rule, if the carrier determines that fuel cost increases are likely to remain permanent, an application for a permanent rate increase may be made.

(6) Fuel costs must be monitored by the motor carrier throughout the duration of the surcharge. If, at any time, it appears that fuel costs have decreased by more than 3 percent within a seven consecutive day period, the carrier shall then apply for a decrease in the surcharge.

(7) Upon complaint by any interested person or upon the commission's own motion a surcharge may be reviewed for accuracy and compliance with this rule in both application and implementation. If the surcharge is found to be excessive, in addition to all other remedies provided by law, the carrier must provide each affected shipper with a rebate of the excessive charge.

(8) As a condition to granting approval for a surcharge, the commission may impose any lawful terms it deems necessary restricting the application of this rule.

(9) The provisions of this rule are not applicable to rates charged by contract carriers unless the contract for carriage so allows.

(10) Nothing in this rule prohibits a motor carrier from filing an application for authority to increase rates on a permanent basis.

(11) The person or entity, whether agent or contractor or other, actually incurring the cost of the fuel shall receive the benefit of any fuel surcharge approved by the commission, subject to all other provisions of this rule.

(12) The commission determines that fuel cost increases and the surcharge relief provided herein are good cause for rate changes to be effective on less than 45 day's notice, pursuant to section 69-12-504, MCA.

History: Sec. 69-12-201, MCA; IMP, Secs. 69-12-501 through 69-12-511, MCA; NEW, 1992 MAR p. 2647, Eff. 12/11/92.

38.3.3605   TEMPORARY RATE REDUCTIONS
(1) All intrastate motor carriers operating under commission approved tariffed rates may apply for temporary rate reductions under the provisions of this rule.

(2) The commission may grant approval for a temporary rate reduction upon written request by a qualifying carrier:

(a) establishing that seasonal demands or special circumstances appear to justify the rate reduction; and

(b) establishing that the rate should be allowed on an experimental basis to verify these appearances.

(3) No temporary rate shall be approved if found to be noncompensatory.

(4) The temporary rate becomes effective on the date approved by the commission and applies to all transportation after that date until expiring or being terminated by the commission.

(5) The temporary rate shall be effective for 90 days from the date of approval by the commission. After the expiration of the time permitted by this rule, if the carrier determines that temporary rates have verified the appearance that seasonal demands or special circumstances justify the reduction as being permanent, an application for a permanent rate reduction may be made.

(6) Temporary rates must be monitored by the motor carrier throughout their duration.

(7) Upon complaint by any interested person or upon the commission's own motion a temporary rate may be reviewed for accuracy and compliance with this rule in both application and implementation.

(8) As a condition to granting approval for a temporary rate, the commission may impose any lawful terms it deems necessary restricting the application of this rule.

(9) The provisions of this rule are not applicable to rates charged by contract carriers unless the contract for carriage so allows.

(10) Nothing in this rule prohibits a motor carrier from filing an application for authority to decrease rates on a permanent basis.

(11) The commission determines that temporary rates as provided herein are good cause for rate changes to be effective on less than 45 days notice, pursuant to 69-12-504 MCA.

History: Sec. 69-12-201, MCA; IMP, Secs. 69-12-501 through 69-12-511, MCA; NEW, 1992 MAR p. 2647, Eff. 12/11/92.