The Carbon County news. [volume] (Red Lodge, Mont.) 1924-1931, 1931-06-04
new MOTOR CARRIER
ACT TAKES EFFECT
WEDNESDAY, JULY |

the New MOTOR carrier Acl VI
1881.
The new act is drawn upon the
theory that it is essentially reg
ulation of the public highways en-
acted to limit the amount of conl-
mereial trucking for hire TO the
reasonable needs and convenience
of the public, according to a bulle-
tin published this week by the
Montana Board of Railroad Com
missioners. Heretofore the legis-
1ation related only to common car
riers. and was essentially a regu-
lation Of the transportation BUSH
ness of such common carriers. The
new act embraces every person
corporation, ct cetera, operating
motor vehicles upon any public
highway in the State of Montana
for the transportation of persons
or property for hire on a CONNER
cial basis, either as a common
carrier or under private contract
This change is expected to facil-
itate matters for sheriffs and CO.
unity attorneys in the various CO.
unties of the state, who have been
seriously handicapped in enforcing
the old law, which covered only
common carriers. The usual SUBJ
terfuee of the commercial haul
er who had not compiled with
the old law was the claim that he
was a private contract carrier
This distinction is now obliterated
and commercial hauling for hire
over public highways, whether
done by private carrier or q
common carrier, must be carried
on only under authority of a per<
nit issued by the Board of Rail
road Commissioners. The act does
not, however, require a person
hauling his own property to secure
a permit or otherwise comply with
the act.
Exemptions
The Motor Carrier Act of 1881
expressly exempts certain types of
transportation for hire over the
public highways. including school
BUSES used in conveying school
children to or from districts or
other schools: transportation in
the regular course of business Of
employees, supplies and materials
by any person engaged exclusively
ii the construction or maintenance
of highways or in logging or min
ing operations; the transportation
of freight or passengers when
done occasionally, and not as n
regular business; and occasional
accomodatilsa transportation SER
vice by persons not in the trans
portation business.
Wrecker service, ambulance SER
vice, burial service, excavation or
fill service and garbage collection
and disposal are not regarded by
the Board of Railroad Commission
ers as being affected by the new
act.
The new motor carrier act COW
ers all commercial transportation,
except as above noted, within the
state, including that carried on ex-
clusively within cities and towns.
Heretofore the Board did not have
jurisdiction to limit the number
Of taXicabs, draymen, ct cetera,
Common carriers) within cities nor
TO fix their charges, but under the
new act the Board will have iuris-
diction in this respect; also to
limit the number, but not the
rates, of private carriers.
Interstate and International car
riers must also secure permits
from the Board after July /.
Under the new motor carrier
act, all carriers who have been IL
censed under the old act and are
actively engaged in business on
July 1, 1881, are entitled to GER
tificate or permit under the new
act without further formality than
paying the annual compensation
OF $40 per motor vehicle operated.
Stricter Procedure
After July l the procedure for
obtaing certificates of convenience
and necessity will be much strict
er than at present and involves,
among other things, the payment
of an application fee of SIS and
requires public hearing in every
case before a certificate is graft
ed.
Private carriers who intend to
operate in the future as such cannot
now apply for certificate of pub
lie conveyance and necessity but
will have to wait until July /,
when they will become subject to
regulation.
Violation of the act or of any
lawful order of the Board of Rail
road commissioners is punishable by
a fine of not less than S. nor more
than $500 or by Imprisonment in
the county Jail not exceeding so
days, or by both such fine and
Imprisonment.
AS an aid to the state in pro-
nandirnn 1oo1r,,,oa Il H.