reglab/housing_qa huggingface dataset:
MT Code § 69-12-404 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 12. Motor Carriers|Part 4. Requirements for Motor Carriers|69-12-404. Suspension of certificate by petition

  69-12-404. Suspension of certificate by petition. (1) (a) A motor carrier may petition the commission in writing to suspend its certificate for a period not to exceed 6 months. Only one additional 6-month suspension may be requested and granted.  (b) The suspension of a certificate of public convenience and necessity requested by a motor carrier pursuant to 69-12-311(1)(b), by a Class C motor carrier, or by a Class D motor carrier may be granted upon a showing of present absence of public convenience and necessity or other showing of matters affecting motor carrier transportation.   (2) (a) The suspension of a certificate of compliance for a motor carrier pursuant to 69-12-311(1)(a) or for a Class E motor carrier as provided for in subsection (1) for a period of 12 consecutive months automatically terminates a certificate of compliance and requires a motor carrier pursuant to 69-12-311(1)(a) or a Class E motor carrier to reapply for a certificate of compliance.   (b) The suspension of a certificate of public convenience and necessity for a motor carrier pursuant to 69-12-311(1)(b), a Class C motor carrier, or a Class D motor carrier as provided in subsection (1) for a period of 12 consecutive months establishes a prima facie presumption of absence of public convenience and necessity. If after notice and hearing the motor carrier pursuant to 69-12-311(1)(b), the Class C motor carrier, or the Class D motor carrier is unable to prove the existence of public convenience and necessity or existing demand for the transportation service, the commission may cancel a certificate of public convenience and necessity.   History: (1)En. 8-107.1 by Sec. 1, Ch. 173, L. 1973; Sec. 8-107.1, R.C.M. 1947; (2)En. 8-107.2 by Sec. 1, Ch. 236, L. 1973; Sec. 8-107.2, R.C.M. 1947; R.C.M. 1947, 8-107.1, 8-107.2; amd. Sec. 20, Ch. 456, L. 2015; amd. Sec. 11, Ch. 512, L. 2021.
MT Code § 69-12-405 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 12. Motor Carriers|Part 4. Requirements for Motor Carriers|69-12-405. Repealed

  69-12-405. Repealed. Sec. 12, Ch. 358, L. 1995.   History: Ap. p. Sec. 2, Ch. 275, L. 1971; Sec. 8-101.1, R.C.M. 1947; Ap. p. Sec. 3, Ch. 275, L. 1971; amd. Sec. 1, Ch. 233, L. 1973; amd. Sec. 2, Ch. 315, L. 1974; Sec. 8-101.2, R.C.M. 1947; R.C.M. 1947, 8-101.1, 8-101.2.
MT Code § 69-12-406 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 12. Motor Carriers|Part 4. Requirements for Motor Carriers|69-12-406. Restriction on transportation of certain waste

  69-12-406. Restriction on transportation of certain waste. Except as provided in 69-12-324, a Class A, Class C, or Class E motor carrier may not be authorized or permitted to transport garbage within the state. This restriction does not apply to recyclables.  History: En. 8-102.1 by Sec. 2, Ch. 138, L. 1977; R.C.M. 1947, 8-102.1(part); amd. Sec. 16, Ch. 588, L. 1983; amd. Sec. 4, Ch. 341, L. 1991; amd. Sec. 259, Ch. 42, L. 1997; amd. Sec. 21, Ch. 456, L. 2015; amd. Sec. 12, Ch. 512, L. 2021.
MT Code § 69-12-408 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 12. Motor Carriers|Part 4. Requirements for Motor Carriers|69-12-408. Identification of ownership of certain large motor vehicles

  69-12-408. Identification of ownership of certain large motor vehicles. (1) A person may not operate a motor vehicle or combination of vehicles having a gross weight of more than 10,000 pounds upon a public highway in this state for the transportation of passengers, household goods, or garbage for hire on a commercial basis unless the name or trade name, city, and state or the name or trade name and the public service commission or department of transportation number is displayed on both sides of each vehicle operated under its own power, either alone or in combination. If a number is displayed, it must be the number of the person or corporation under whose jurisdiction the vehicle or vehicles are being operated.  (2) The display must be in letters in sharp contrast to the background and in a size, shape, and color readily legible in daylight from a distance of 50 feet while the vehicle is not in motion. The display must be maintained so that it remains legible. The display may be accomplished either by painting the information on the vehicle or through the use of a decal or a removable device prepared so that it meets the identification and legibility requirements of this section.   (3) This section does not apply to:   (a) farm vehicles; or   (b) motor vehicles being:   (i) transported to dealers from point of manufacture;   (ii) transported from one dealer to another;   (iii) demonstrated to a prospective buyer; or   (iv) delivered to a buyer from a dealer or a manufacturer.   History: (1)En. Sec. 1, Ch. 133, L. 1963; Sec. 53-801, R.C.M. 1947; (2)En. Sec. 2, Ch. 133, L. 1963; Sec. 53-802, R.C.M. 1947; (3)En. Sec. 3, Ch. 133, L. 1963; Sec. 53-803, R.C.M. 1947; R.C.M. 1947, 53-801, 53-802, 53-803; amd. Sec. 1, Ch. 160, L. 1991; amd. Sec. 4, Ch. 35, L. 2013; amd. Sec. 10, Ch. 89, L. 2021.
MT Code § 69-12-409 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 12. Motor Carriers|Part 4. Requirements for Motor Carriers|69-12-409. through 69-12-414 reserved

  69-12-409 through 69-12-414 reserved.
MT Code § 69-12-415 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 12. Motor Carriers|Part 4. Requirements for Motor Carriers|69-12-415. Carrier fitness

  69-12-415. Carrier fitness. A certificate may not be issued or remain in force unless the certificate holder is fit, willing, and able to perform the authorized service and conforms to the provisions of this chapter and the rules and orders of the commission.   History: En. Sec. 1, Ch. 156, L. 1993; amd. Sec. 23, Ch. 456, L. 2015.
MT Code § 69-12-416 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 12. Motor Carriers|Part 4. Requirements for Motor Carriers|69-12-416. through 69-12-420 reserved

  69-12-416 through 69-12-420 reserved.
MT Code § 69-12-421 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 12. Motor Carriers|Part 4. Requirements for Motor Carriers|69-12-421. Annual fee for motor carriers

  69-12-421. Annual fee for motor carriers. (1) Except as provided in subsection (2), in addition to all of the licenses, fees, or taxes imposed upon motor vehicles in this state and in consideration of the use of the public highways of this state, every motor carrier shall, at the time of the issuance of a certificate and annually thereafter, on or between October 1 and the following January 31, pay to the public service commission of Montana a fee set by rule of the commission for every motor vehicle operated by the carrier over or upon the public highways of this state.   (2) (a) A motor carrier engaged in seasonal operations only, where its operations do not extend continuously over a period of not to exceed 6 months in any calendar year, shall only be required to pay compensation and fees in a sum equal to one-half of the compensation and fees herein provided.   (b) The compensation and fees herein imposed shall not apply to motor vehicles maintained and used by a motor carrier as standby or emergency equipment. The commission shall have the power and it is hereby made its duty to determine what motor vehicles shall be classed as standby or emergency equipment.   History: En. Sec. 16, Ch. 184, L. 1931; re-en. Sec. 3847.16, R.C.M. 1935; amd. Sec. 1, Ch. 473, L. 1973; R.C.M. 1947, 8-116(a); amd. Sec. 17, Ch. 588, L. 1983.
MT Code § 69-12-422 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 12. Motor Carriers|Part 4. Requirements for Motor Carriers|69-12-422. Effect of failure to pay compensation, fees, or charges

  69-12-422. Effect of failure to pay compensation, fees, or charges. (1) Upon the failure of any motor carrier to pay such compensation when due, the commission may in its discretion revoke the carrier's certificate or privilege, and no carrier whose certificate or privilege is so revoked shall again be authorized to conduct such business until such compensation shall be paid.   (2) All compensation, fees, or charges imposed and accruing under the provisions of this chapter shall be a lien upon all property of the motor carrier used in its operations under this chapter. Said lien shall attach at the time the compensation, fees, or charges become due and payable and shall have the effect of an execution duly levied on such property of the motor carrier and shall so remain until said compensation, fees, or charges are paid or the property sold for the payment thereof.   History: En. Sec. 16, Ch. 184, L. 1931; re-en. Sec. 3847.16, R.C.M. 1935; amd. Sec. 1, Ch. 473, L. 1973; R.C.M. 1947, 8-116(c), (d).
MT Code § 69-12-423 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 12. Motor Carriers|Part 4. Requirements for Motor Carriers|69-12-423. Fees to be charged by commission

  69-12-423. Fees to be charged by commission. (1) The public service commission may, except as otherwise provided by law, require and receive fees before filing annual reports, tariffs, schedules, applications, and supplements not provided by law to be furnished free of charge.   (2) The commission shall require and receive an additional sum to be set by the commission to pay the cost of publishing such notice as may be required by this chapter.   (3) This section does not require or authorize the public service commission to collect fees for the filing of annual reports, tariffs, schedules, and supplements of these which relate solely to interstate commerce.   History: En. Sec. 1, Ch. 100, L. 1935; re-en. Sec. 3847.26, R.C.M. 1935; amd. Sec. 1, Ch. 73, L. 1947; amd. Sec. 1, Ch. 67, L. 1971; amd. Sec. 4, Ch. 315, L. 1974; amd. Sec. 5, Ch. 472, L. 1977; R.C.M. 1947, 8-126(part); amd. Sec. 2, Ch. 500, L. 1979; amd. Sec. 18, Ch. 588, L. 1983.
MT Code § 69-12-501 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 12. Motor Carriers|Part 5. Ratemaking Requirements|69-12-501. Rate schedules to be maintained

  69-12-501. Rate schedules to be maintained. (1) A Class A motor carrier issued a certificate shall maintain on file with the commission, if applicable, a full and complete schedule of its rates, fares, charges, classifications, and rules of service and any and all tariff provisions relating to rates, fares, charges, classifications, or rules. A schedule on file and approved on March 7, 1961, remains in full force and effect until changed or modified by the commission or by the carrier with the approval of the commission.  (2) A change, modification, alteration, increase, or decrease in any rate, fare, charge, classification, or rule of service may not be made by a motor carrier without first obtaining the approval of the commission. The commission shall prescribe rules providing for the form and style of all schedules and tariffs and for the procedures to be followed in filing or publishing any changes or modifications of schedules and tariffs.   History: En. Sec. 2, Ch. 201, L. 1961; R.C.M. 1947, 8-104.2; amd. Sec. 24, Ch. 456, L. 2015; amd. Sec. 14, Ch. 512, L. 2021.
MT Code § 69-12-502 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 12. Motor Carriers|Part 5. Ratemaking Requirements|69-12-502. Prohibition on deviation from rate schedules

  69-12-502. Prohibition on deviation from rate schedules. It is unlawful for any Class A motor carrier to charge, demand, receive, or collect any greater or less rate, charge, or fare than that fixed by the commission for the transportation service provided. When maximum or minimum rates have been established for any service provided by any Class C motor carrier, it shall likewise be unlawful for the carrier to charge, demand, receive, or collect any greater compensation or rate than that established for the service by any applicable maximum rate or any less compensation or rate than that established by any applicable minimum rate. It shall also be unlawful for any Class A motor carrier or any Class C motor carrier subject to maximum or minimum rates to refund or remit, in any manner or by any device, any portion of the rates, fares, and charges required to be collected under the schedule of the Class A carrier on file with the commission or under the maximum or minimum rates established by the commission for the Class C carrier.  History: En. Sec. 3, Ch. 201, L. 1961; R.C.M. 1947, 8-104.3; amd. Sec. 15, Ch. 512, L. 2021.
MT Code § 69-12-503 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 12. Motor Carriers|Part 5. Ratemaking Requirements|69-12-503. Rates to be reasonable and nondiscriminatory

  69-12-503. Rates to be reasonable and nondiscriminatory. (1) All rates, fares, charges, classifications, or rules of service for the transportation of property and/or persons upon the public highways of this state must be fair, just, reasonable, and nondiscriminatory. No motor carrier operating under established rates shall make, give, or permit any undue preference or advantage to any particular person, company, corporation, locality, or description of traffic, nor shall such motor carrier subject any particular person, company, corporation, locality, or description of traffic to any prejudice or disadvantage in any respect. Nothing herein provided shall prevent the commission from authorizing different rates or schedules of rates for service between the same places or between different points of origin and/or destination within the same places when such different rates are justified by the differing character of service to be rendered by the carrier to a shipper or consignee.   (2) The commission may, upon its own initiative or upon the complaint of any interested party, investigate any rate, fare, charge, classification, or rule of service contained in the schedule of any motor carrier. If the commission shall find, after such investigation, that any such rate, fare, charge, classification, or rule of service is unfair, unjust, unreasonable, or discriminatory, it shall disallow the same and fix a rate, fare, charge, classification, or rule of service which shall be fair, just, reasonable, and nondiscriminatory and it shall order the affected motor carrier or carriers to conform to such modified schedule. Each motor carrier affected by any complaint or investigation shall first be given notice of the same and an opportunity to be heard before the commission.   History: En. Sec. 4, Ch. 201, L. 1961; amd. Sec. 2, Ch. 182, L. 1971; R.C.M. 1947, 8-104.4.
MT Code § 69-12-504 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 12. Motor Carriers|Part 5. Ratemaking Requirements|69-12-504. Procedure to revise rate schedule

  69-12-504. Procedure to revise rate schedule. (1) No motor carrier shall change or revise any rate, fare, charge, classification, or rule of service contained in its schedule without first obtaining approval therefor from the commission. Such changes or revisions shall be made by filing with the commission the tariff sheet or sheets containing such changes or revisions, plainly stating the changes or revisions to be made, and by submitting at the same time testimony and exhibits supporting the requested change or revision and prepared by the motor carrier. Additional testimony or exhibits may be submitted before or during the hearing provided for in 69-12-505 and may be submitted after the hearing with the approval of the commission. The public shall be provided with such notice of the proposed changes or revisions as the commission shall, by rule, require.   (2) The tariff sheets containing changes or revisions shall be filed with the commission at least 45 days before the proposed effective date. The change or revision shall be effective on the stated effective date unless disallowed or suspended by the commission prior to this date. However, the commission may, for good cause, allow any change or revision to become effective on less than 45 days' notice.   History: En. Sec. 5, Ch. 201, L. 1961; amd. Sec. 1, Ch. 235, L. 1973; R.C.M. 1947, 8-104.5(part); amd. Sec. 1, Ch. 94, L. 1979.
MT Code § 69-12-505 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 12. Motor Carriers|Part 5. Ratemaking Requirements|69-12-505. Suspension of proposed rate revision -- hearing

  69-12-505. Suspension of proposed rate revision -- hearing. (1) Upon its own initiative or upon the complaint of any interested party filed with the commission within 20 days after the date upon which a change or revision of any rate, fare, charge, or classification is filed with the commission, the commission may suspend the operation of such rate, fare, charge, or classification for a period not to exceed 180 days. The order directing such suspension must be issued by the commission not less than 2 business days prior to the proposed effective date. The motor carrier or carriers filing such rate, fare, charge, or classification shall be given prompt notice by the complaining party, mailing a copy of the complaint concerning such proposed change or revision to the carrier or publishing agent, and such carrier or carriers also shall be given an opportunity to reply to any such complaint. If the proposed change or revision is in a tariff issued by a tariff publishing bureau for a motor carrier or carriers, notice to such bureau of any complaint will constitute notice to the participating carriers in such tariff.   (2) (a) If all the protests are withdrawn and the commission finds the proposed increase justified, the commission may vacate the suspension and permit the proposed rates to become effective without a public hearing.   (b) Unless the suspension has been vacated, whenever the suspension of any proposed change or revision in a tariff is ordered by the commission, it shall also order a public hearing to consider the reasonableness of the proposed change or revision. Due notice shall be given for such hearing to all known interested or affected persons, and the same shall be allowed to appear and present evidence. Additional prepared testimony may be presented before or during the hearing and may also be submitted after the hearing with the permission of the commission.   (3) After considering the evidence presented at such hearing, the commission shall issue an order approving, denying, or modifying the proposed change or revision. Unless such hearing is held and such order is issued within 180 days from the date upon which the suspension was ordered, the proposed change or revision shall be deemed approved and effective as filed.   History: En. Sec. 5, Ch. 201, L. 1961; amd. Sec. 1, Ch. 235, L. 1973; R.C.M. 1947, 8-104.5(part); amd. Sec. 1, Ch. 89, L. 1979.
MT Code § 69-12-506 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 12. Motor Carriers|Part 5. Ratemaking Requirements|69-12-506. through 69-12-510 reserved

  69-12-506 through 69-12-510 reserved.
MT Code § 69-12-511 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 12. Motor Carriers|Part 5. Ratemaking Requirements|69-12-511. Procedure to recover excess charges

  69-12-511. Procedure to recover excess charges. (1) Any sum or amount of money paid to any motor carrier in excess of the rates, fares, or charges established for such service by the commission may be recovered from such carrier by the person or shipper who paid the same in any action brought in the district court of the county in which such payment was made. Any such action must be brought within 2 years from the date of such payment. No contract or agreement, written or otherwise, between such person or shipper and any motor carrier shall be admissible in evidence for the purpose of showing a waiver of the right given by this section.   (2) If upon the trial of such action it shall satisfactorily appear to the court or jury that such overcharge was willfully made, the person or shipper bringing the said action shall be awarded damages in treble the amount of such excess or overcharge, together with the costs and expenses of such action, including a reasonable attorney's fee, to be taxed and collected as other costs in the action.   History: En. Sec. 6, Ch. 201, L. 1961; R.C.M. 1947, 8-104.6.
MT Code § 69-12-601 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 12. Motor Carriers|Part 6. Carrier Agreements|69-12-601. Carrier agreements

  69-12-601. Carrier agreements. (1) Any carrier, as defined in 69-12-101, which is a party to an agreement between or among two or more carriers relating to rates, fares, classifications, divisions, allowances, or charges (including charges between carriers and compensation paid or received for the use of facilities and equipment) or rules pertaining thereto or procedures for the joint consideration, initiation, or establishment thereof may, under such rules as the commission prescribes, apply to the public service commission for approval of the agreement. The commission shall by order approve any agreement if approval thereof is not prohibited by 69-12-602. The approval of the commission shall be granted only upon such terms and conditions as the commission may prescribe as necessary to enable it to grant its approval in accordance with this subsection.   (2) Each conference, bureau, committee, or other organization established or continued pursuant to any agreement approved by the commission and the provisions of this section shall maintain such accounts, records, files, and memoranda and shall submit to the commission such reports as may be prescribed by the commission. All such accounts, records, files, and memoranda shall be subject to inspection by the commission or its duly authorized representative.   History: En. 8-103.4 by Sec. 1, Ch. 288, L. 1975; amd. Sec. 25, Ch. 518, L. 1977; R.C.M. 1947, 8-103.4(1), (2).
MT Code § 69-12-602 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 12. Motor Carriers|Part 6. Carrier Agreements|69-12-602. Limitations on carrier agreements

  69-12-602. Limitations on carrier agreements. The commission may not approve under 69-12-601 any agreement:   (1) between a carrier by highway and a carrier by rail unless it finds that such agreement is of the character described in 69-12-601 and is limited to matters relating to the transportation under joint rates or over through routes;   (2) which it finds is an agreement with respect to pooling or division of traffic, service, or earnings;   (3) which establishes a procedure for the determination of any matter through joint consideration unless it finds that under the agreement there is accorded to each party the free and unrestrained right to take independent action either before or after any determination arrived at through such procedure.   History: En. 8-103.4 by Sec. 1, Ch. 288, L. 1975; amd. Sec. 25, Ch. 518, L. 1977; R.C.M. 1947, 8-103.4(3) thru (5).