reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 12. Motor Carriers › Part 3. Classification and Motor Carrier Certificates › 69-12-322. Notice of hearing

69-12-322. Notice of hearing.
(1) Whenever a hearing is scheduled, whether as a result of a protest or request or upon the commission's own motion, the commission shall serve a copy of the petition and notice of hearing upon an officer or owner of any motor carrier that in the opinion of the commission might be affected by the granting of the certificate and shall notify any other affected party at least 10 days before the date of hearing.
(2) Notice of the hearing must be published in appropriate newspapers determined by the commission to have sufficient statewide circulation in the case of applications for Class A authority.
History: En. Sec. 11, Ch. 184, L. 1931; re-en. Sec. 3847.11, R.C.M. 1935; amd. Sec. 1, Ch. 101, L. 1955; amd. Sec. 2, Ch. 69, L. 1971; amd. Sec. 1, Ch. 339, L. 1973; amd. Sec. 4, Ch. 243, L. 1974; amd. Sec. 3, Ch. 315, L. 1974; R.C.M. 1947, 8-111(part); amd. Sec. 2, Ch. 55, L. 1979; amd. Sec. 12, Ch. 481, L. 1991; amd. Sec. 7, Ch. 364, L. 1993; amd. Sec. 7, Ch. 512, L. 2021; amd. Sec. 7, Ch. 422, L. 2023.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 12. Motor Carriers › Part 3. Classification and Motor Carrier Certificates › 69-12-324. Special provisions when federal or state contract involved

69-12-324. Special provisions when federal or state contract involved.
(1) A written contract presented to the commission is sufficient proof that a motor carrier pursuant to 69-12-311(1)(a) or a Class E motor carrier meets the requirements for a certificate of compliance or that a motor carrier pursuant to 69-12-311(1)(b) or a Class D motor carrier meets the requirements for a certificate of public convenience and necessity in accordance with the terms and conditions contained within the United States government or state government contracts. Subject to the provisions of this section, a transportation movement is considered to be:
(a) the transportation for hire of persons between two points within the state by a motor carrier pursuant to the terms of a written contract between the carrier and the United States government or an agency or department of the United States; or
(b) the transportation for hire of solid waste between two points within the state by a motor carrier pursuant to the terms of a written contract between the carrier and the state government or an agency or department of the state.
(2) The certificate issued pursuant to the terms of the United States government or state government contract is authorized only for the duration of the United States government or state government contract concerned. The certificate may be renewed for another definite term if the motor carrier is the motor carrier authorized to operate under the United States government or state government contract.
History: En. Sec. 10, Ch. 184, L. 1931; re-en. Sec. 3847.10, R.C.M. 1935; amd. Sec. 24, Ch. 121, L. 1965; amd. Sec. 1, Ch. 69, L. 1971; amd. Sec. 3, Ch. 243, L. 1974; amd. Sec. 1, Ch. 179, L. 1975; amd. Sec. 3, Ch. 476, L. 1977; R.C.M. 1947, 8-110(2); amd. Sec. 15, Ch. 588, L. 1983; amd. Sec. 2, Ch. 178, L. 1985; amd. Sec. 19, Ch. 456, L. 2015; amd. Sec. 9, Ch. 512, L. 2021; amd. Sec. 9, Ch. 422, L. 2023.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 12. Motor Carriers › Part 3. Classification and Motor Carrier Certificates › 69-12-325. Transfer of certificate or privilege

69-12-325. Transfer of certificate or privilege.
Any right, privilege, or certificate held, owned, or obtained by any motor carrier may be sold, assigned, leased, transferred, and inherited as other property only by the authorization of the commission.
History: En. Sec. 12, Ch. 184, L. 1931; re-en. Sec. 3847.12, R.C.M. 1935; R.C.M. 1947, 8-112(part).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 12. Motor Carriers › Part 3. Classification and Motor Carrier Certificates › 69-12-326. Lease of certificate

69-12-326. Lease of certificate.
(1) An authorized carrier operating within the state may lease its certificate or any integral segment thereof to another carrier only by approval of the commission. The contract or lease under which the certificate is leased must be in writing and approved by the commission prior to any operation under the certificate. The contract or lease must specify:
(a) the period for which a certificate is to be leased, which shall not be less than 30 days;
(b) the compensation to be paid;
(c) the time or date upon which the lease will commence and terminate; and
(d) the signatures of the parties thereto.
(2) Operation under the certificate is prohibited until approved by the commission in writing. During the period of the contract or lease, transportation movements under the contract or lease must be performed by the entity contracting for or leasing the certificate, or any integral segment thereof, while transportation movements by the owner (lessor) are prohibited.
History: En. 8-103.3 by Sec. 1, Ch. 107, L. 1969; amd. Sec. 20, Ch. 315, L. 1974; R.C.M. 1947, 8-103.3.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 12. Motor Carriers › Part 3. Classification and Motor Carrier Certificates › 69-12-327. Revocation of certificate -- right of review

69-12-327. Revocation of certificate -- right of review.
(1) If it appears that a certificate holder is violating or refusing to observe any of the commission's orders or rules or any provision of Title 69, as amended, the commission may issue an order to the certificate holder to show cause why the certificate should not be revoked. If the certificate holder fails to appear to show cause as ordered by the commission, the certificate may be revoked without a hearing. If the holder does appear to show cause, the commission may:
(a) dismiss the proceeding, notifying the holder that the certificate is not revoked; or
(b) hold a hearing on the question of revocation, notifying the holder of the time and place for the hearing.
(2) The holder of any such certificate or privilege shall have all rights of rehearing and review as to such order of the commission as is provided in this chapter.
History: En. Sec. 7, Ch. 184, L. 1931; re-en. Sec. 3847.7, R.C.M. 1935; R.C.M. 1947, 8-107; amd. Sec. 1, Ch. 31, L. 1979.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 12. Motor Carriers › Part 3. Classification and Motor Carrier Certificates › 69-12-328. Repealed

69-12-328. Repealed.
Sec. 25, Ch. 456, L. 2015.
History: En. Sec. 3, Ch. 218, L. 2011.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 12. Motor Carriers › Part 3. Classification and Motor Carrier Certificates › 69-12-331. Repealed

69-12-331. Repealed.
Sec. 5, Ch. 35, L. 2013.
History: En. Sec. 1, Ch. 593, L. 1979; amd. Sec. 1, Ch. 173, L. 1991; amd. Sec. 24, Ch. 200, L. 1997.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 12. Motor Carriers › Part 3. Classification and Motor Carrier Certificates › 69-12-333. Repealed

69-12-333. Repealed.
Sec. 10, Ch. 364, L. 1993.
History: En. Sec. 7, Ch. 481, L. 1991.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 12. Motor Carriers › Part 3. Classification and Motor Carrier Certificates › 69-12-334. Repealed

69-12-334. Repealed.
Sec. 10, Ch. 364, L. 1993.
History: En. Sec. 8, Ch. 481, L. 1991.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 12. Motor Carriers › Part 3. Classification and Motor Carrier Certificates › 69-12-335. Repealed

69-12-335. Repealed.
Sec. 10, Ch. 364, L. 1993.
History: En. Sec. 10, Ch. 481, L. 1991.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 12. Motor Carriers › Part 3. Classification and Motor Carrier Certificates › 69-12-340. Class E motor carrier certificate of compliance

69-12-340. Class E motor carrier certificate of compliance.
(1) A Class E motor carrier may not transport persons on a public highway in this state without obtaining, pursuant to this chapter, a certificate of compliance.
(2) A Class E motor carrier shall apply for a certificate of compliance in writing. The application must be verified by the applicant and specify the following:
(a) the name and address of the applicant and its officers, if any;
(b) the locality and character of operations to be conducted;
(c) a detailed statement showing the assets and liabilities of the applicant;
(d) a detailed statement that the applicant complies or, once certificated, will comply with the requirements of 69-12-323(5);
(e) other information required by the commission.
(3) A transportation network carrier may apply for a Class E certificate of compliance on behalf of the transportation network carrier drivers who register with the transportation network carrier to use its software or digital network to offer transportation network carrier services.
(4) The application must be accompanied by a filing fee to be set by rule of the commission.
(5) Notwithstanding subsection (3), a transportation network carrier does not own, control, operate, or manage the vehicles used by transportation network carrier drivers and is not a taxicab association or a for-hire vehicle owner.
History: En. Sec. 1, Ch. 456, L. 2015.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 12. Motor Carriers › Part 3. Classification and Motor Carrier Certificates › 69-12-341. Fare charged for transportation network carrier services

69-12-341. Fare charged for transportation network carrier services.
(1) (a) A Class E motor carrier may charge a fare for the services provided to passengers in accordance with this section.
(b) If a fare is charged, the motor carrier shall:
(i) disclose to passengers the fare calculation method on its website or within the software application service; and
(ii) provide passengers with the applicable rates being charged and the option to receive an estimated fare before the passenger enters the transportation network carrier driver's vehicle.
(2) Within a reasonable period of time following the completion of a trip, a Class E motor carrier shall transmit to the passenger an electronic receipt that includes:
(a) the origin and destination of the trip;
(b) the total time and distance of the trip; and
(c) an itemization of the total fare paid.
History: En. Sec. 2, Ch. 456, L. 2015.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 12. Motor Carriers › Part 3. Classification and Motor Carrier Certificates › 69-12-342. Authority

69-12-342. Authority.
(1) Notwithstanding any other provision of law, transportation network carrier services are exclusively governed by this chapter and rules promulgated by the commission consistent with this chapter.
(2) A local government as defined in 2-2-102 may not impose a tax or fee on, require a license for, or impose any other operational requirements on transportation network carrier services.
History: En. Sec. 3, Ch. 456, L. 2015.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 12. Motor Carriers › Part 3. Classification and Motor Carrier Certificates › 69-12-344. Disclosures

69-12-344. Disclosures.
A transportation network carrier shall disclose in writing to a transportation network carrier driver the following before the driver is allowed to accept a request for a prearranged ride on the transportation network carrier's digital network:
(1) the insurance coverage, including the types of coverage and the limits for each coverage, that the transportation network carrier provides while the transportation network carrier driver uses a personal vehicle in connection with a transportation network carrier's digital network; and
(2) that the transportation network carrier driver's own motor vehicle liability insurance policy might not provide any liability or optional coverages while the driver is logged on to the transportation network carrier's digital network and is available to receive transportation requests or is engaged in a prearranged ride, depending on its terms.
History: En. Sec. 5, Ch. 456, L. 2015.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 12. Motor Carriers › Part 4. Requirements for Motor Carriers › 69-12-401. Compliance with state law

69-12-401. Compliance with state law.
It is unlawful for any corporation or person or the corporation's or person's officers, agents, employees, or servants to operate any motor vehicle for the transportation of persons or property for hire on any public highway in this state except in accordance with the provisions of this chapter.
History: En. Sec. 2, Ch. 184, L. 1931; re-en. Sec. 3847.2, R.C.M. 1935; amd. Sec. 1, Ch. 172, L. 1973; amd. Sec. 1, Ch. 145, L. 1974; amd. Sec. 1, Ch. 138, L. 1977; R.C.M. 1947, 8-102(b); amd. Sec. 2029, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 12. Motor Carriers › Part 4. Requirements for Motor Carriers › 69-12-402. Compliance with commission rules

69-12-402. Compliance with commission rules.
No certificate shall be issued or remain in force unless the holder thereof shall comply with such rules of the commission as it shall adopt governing the filing of bonds, policies of insurance, or such security or agreement in such form and adequate amount and conditioned as the commission may require for:
(1) the prompt payment of all compensation or fees due the state under the provisions of this chapter; and
(2) the payment of any final judgment which may be rendered against any such motor carrier arising out of the death of or injury to any passenger or injury to other persons or property as a result of any negligent operation of the motor vehicles or such motor carrier, with power in the commission to permit self-insurance whenever, in its opinion, the financial ability of the motor carrier warrants.
History: En. Sec. 13, Ch. 184, L. 1931; re-en. Sec. 3847.13, R.C.M. 1935; R.C.M. 1947, 8-113.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 12. Motor Carriers › Part 4. Requirements for Motor Carriers › 69-12-403. Discontinuance of service

69-12-403. Discontinuance of service.
A Class A motor carrier may not abandon or discontinue any service established under this chapter without an order of the commission.
History: En. Sec. 5, Ch. 184, L. 1931; re-en. Sec. 3847.5, R.C.M. 1935; R.C.M. 1947, 8-105; amd. Sec. 10, Ch. 512, L. 2021.
2023 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) 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) 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) 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; amd. Sec. 10, Ch. 422, L. 2023.
2023 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.
2023 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 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; amd. Sec. 11, Ch. 422, L. 2023.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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. It is also unlawful for any Class A motor carrier 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.
History: En. Sec. 3, Ch. 201, L. 1961; R.C.M. 1947, 8-104.3; amd. Sec. 15, Ch. 512, L. 2021; amd. Sec. 13, Ch. 422, L. 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 12. Motor Carriers › Part 6. Carrier Agreements(Repealed) › 69-12-601. Repealed

69-12-601. Repealed.
Sec. 3, Ch. 163, L. 2023.
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).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 12. Motor Carriers › Part 6. Carrier Agreements(Repealed) › 69-12-602. Repealed

69-12-602. Repealed.
Sec. 3, Ch. 163, L. 2023.
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).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 12. Motor Carriers › Part 6. Carrier Agreements(Repealed) › 69-12-603. Repealed

69-12-603. Repealed.
Sec. 3, Ch. 163, L. 2023.
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(6).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 12. Motor Carriers › Part 6. Carrier Agreements(Repealed) › 69-12-604. Repealed

69-12-604. Repealed.
Sec. 3, Ch. 163, L. 2023.
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(7).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 12. Motor Carriers › Part 6. Carrier Agreements(Repealed) › 69-12-605. Repealed

69-12-605. Repealed.
Sec. 3, Ch. 163, L. 2023.
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(8), (9).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 12. Motor Carriers › Part 6. Carrier Agreements(Repealed) › 69-12-611. Repealed

69-12-611. Repealed.
Sec. 3, Ch. 163, L. 2023.
History: En. 8-103.1 by Sec. 1, Ch. 105, L. 1969; amd. Sec. 20, Ch. 315, L. 1974; R.C.M. 1947, 8-103.1; amd. Sec. 2, Ch. 352, L. 1979; amd. Sec. 1, Ch. 409, L. 1983; amd. Sec. 1, Ch. 190, L. 1985; amd. Sec. 14, Ch. 481, L. 1991; amd. Sec. 9, Ch. 364, L. 1993; amd. Sec. 16, Ch. 512, L. 2021.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 12. Motor Carriers › Part 6. Carrier Agreements(Repealed) › 69-12-612. Repealed

69-12-612. Repealed.
Sec. 5, Ch. 35, L. 2013.
History: En. 8-103.2 by Sec. 1, Ch. 106, L. 1969; R.C.M. 1947, 8-103.2.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 13. Pipeline Carriers › Part 1. General Provisions › 69-13-102. Scope of chapter -- enforcement

69-13-102. Scope of chapter -- enforcement.
(1) It is declared that the operation of pipelines to which this chapter applies for the transportation of crude petroleum, coal, or the products of crude petroleum or coal or of carbon dioxide from a plant or facility that produces or captures carbon dioxide, in connection with the purchase or purchase and sale of crude petroleum, coal, or the products of crude petroleum or coal or of carbon dioxide from a plant or facility that produces or captures carbon dioxide, is a business in which the public is interested and is subject to regulation by law. The business of purchasing or of purchasing and selling crude petroleum, coal, or the products of crude petroleum or coal or of carbon dioxide from a plant or facility that produces or captures carbon dioxide, using in connection with that business a pipeline of the class subject to this chapter to transport the crude petroleum, coal, or the products of crude petroleum or coal or of carbon dioxide from a plant or facility that produces or captures carbon dioxide, may not be conducted unless the pipeline used in connection with that business is a common carrier within the purview of this chapter and subject to the jurisdiction conferred upon the commission.
(2) It is the duty of the attorney general to enforce this provision by injunction or other adequate remedy.
History: En. Sec. 2, Ch. 8, Ex. L. 1921; re-en. Sec. 3849, R.C.M. 1921; re-en. Sec. 3849, R.C.M. 1935; amd. Sec. 2, Ch. 190, L. 1955; amd. Sec. 2, Ch. 170, L. 1963; amd. Sec. 20, Ch. 315, L. 1974; R.C.M. 1947, 8-202; amd. Sec. 2, Ch. 231, L. 2009; amd. Sec. 2, Ch. 44, L. 2013.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 13. Pipeline Carriers › Part 1. General Provisions › 69-13-103. Right to construct pipelines

69-13-103. Right to construct pipelines.
(1) The right to lay, maintain, and operate pipelines, together with telegraph and telephone lines incidental to and designed for use only in connection with the operation of such lines, or along, across, or under any public stream or highway in this state is hereby conferred upon all persons, firms, limited partnerships, joint-stock associations, or corporations coming within any of the definitions of common carrier pipelines as hereinbefore made. This right to run along, across, or over any public road or highway, as provided for, can only be exercised upon condition that the traffic thereon not be interfered with and that such road or highway be promptly restored to its former condition of usefulness. The restoration of the road or highway is subject also to the supervision of the county commissioners of the county in which said highway is situated.
(2) Any person, firm, limited partnership, joint-stock association, or corporation may acquire the right to construct pipelines and such incidental telephone and telegraph lines along, across, or over any public road or highway in this state by filing with the commission an acceptance of the provisions of this law, expressly agreeing in writing that in consideration of the right so acquired, it shall be and become a common carrier pipeline, subject to the duties and obligations conferred or imposed in this chapter. In the exercise of the privileges herein conferred, such pipelines shall compensate the county for any damage done to such public road in the laying of pipelines or telegraph or telephone lines along or across the same. Nothing herein shall be construed to grant any pipeline company the right to use any public street or alley in any incorporated city or town except by express permission from the city or governing authority thereof.
History: En. Sec. 3, Ch. 8, Ex. L. 1921; re-en. Sec. 3850, R.C.M. 1921; re-en. Sec. 3850, R.C.M. 1935; amd. Sec. 20, Ch. 315, L. 1974; R.C.M. 1947, 8-203(part).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 13. Pipeline Carriers › Part 1. General Provisions › 69-13-104. Use of power of eminent domain

69-13-104. Use of power of eminent domain.
Every person, firm, corporation, limited partnership, joint-stock association, or association of any kind mentioned in this chapter that has filed with the commission its acceptance of the provisions of this chapter has the power of eminent domain. In the exercise of the power of eminent domain, the entity may enter upon and condemn the land, rights-of-way, easements, and property of any person or corporation necessary for the construction, maintenance, or authorization of the entity's common carrier pipeline. The power of eminent domain must be exercised as provided in Title 70, chapter 30.
History: En. Sec. 3, Ch. 8, Ex. L. 1921; re-en. Sec. 3850, R.C.M. 1921; re-en. Sec. 3850, R.C.M. 1935; amd. Sec. 20, Ch. 315, L. 1974; R.C.M. 1947, 8-203(part); amd. Sec. 48, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 13. Pipeline Carriers › Part 1. General Provisions › 69-13-105. Violations

69-13-105. Violations.
(1) Any common carrier as herein defined who shall violate any provisions of this chapter or who shall fail to perform any duty herein imposed or any valid order of the commission, when not stayed or suspended by order of court, shall be subject to a penalty of not less than $100 or more than $1,000 for each offense. Such penalty shall be recoverable at suit of the attorney general of Montana in the name of the state and for its use.
(2) For the willful violation of any of the provisions herein forbidding discrimination on the part of common carriers, it is hereby provided that the owners, officers, agents, or employees of such carriers who may be guilty thereof shall be deemed guilty of a misdemeanor. Each violation of any of such provisions shall be deemed a separate and distinct offense, and upon conviction thereof the party violating same shall be fined in a sum of not less than $50 or more than $1,000 and may be further punished by confinement in the county jail for not less than 10 days or more than 6 months.
(3) Actual damages may also be recovered by and for the use of any person, corporation, or association of persons against whom there shall have been an unlawful discrimination as herein defined. Such suit shall be brought in the name of and for the use of party aggrieved and may be maintained in any court of proper jurisdiction, having due regard to the ordinary statutes of venue.
History: En. Sec. 9, Ch. 8, Ex. L. 1921; re-en. Sec. 3856, R.C.M. 1921; re-en. Sec. 3856, R.C.M. 1935; amd. Sec. 20, Ch. 315, L. 1974; R.C.M. 1947, 8-209.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 13. Pipeline Carriers › Part 1. General Provisions › 69-13-106. Confidentiality of cultural sites

69-13-106. Confidentiality of cultural sites.
(1) The location of any heritage properties or paleontological remains on or beneath land, rights-of-way, or easements obtained for a common carrier pipeline is confidential and may not be disclosed by the entity owning, operating, or managing any common carrier pipeline.
(2) The provisions of subsection (1) do not prohibit a person or entity from disclosing the location of heritage properties or paleontological remains to the department of environmental quality for purposes of reviewing an application for a certificate under the Montana Major Facility Siting Act, Title 75, chapter 20. The department may not disclose information regarding the location of heritage properties or paleontological remains to the public.
(3) For purposes of this section, the following definitions apply:
(a) "Heritage property" has the meaning provided in 22-3-421.
(b) "Paleontological remains" has the meaning provided in 22-3-421.
History: En. Sec. 1, Ch. 296, L. 2017.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 13. Pipeline Carriers › Part 2. Role of Commission › 69-13-201. Establishment of rates and operating rules

69-13-201. Establishment of rates and operating rules.
(1) The commission may establish and enforce rates of charges and regulations for gathering, transporting, loading, and delivering crude petroleum, coal, or the products of crude petroleum or coal or of carbon dioxide from a plant or facility that produces or captures carbon dioxide by common carrier in this state and for the use of storage facilities necessarily incident to the transportation and may prescribe and enforce rules for the government and control of common carriers in respect to their pipelines and receiving, transferring, and loading facilities. The commission shall exercise the power upon petition by any person showing a substantial interest in the subject.
(2) An order establishing or prescribing rates and rules may not be made except after hearing and at least 10 days' and not more than 30 days' notice to the person, firm, corporation, partnership, joint-stock association, or association owning or controlling and operating the pipeline or pipelines affected.
(3) If a rate is filed by any pipeline and a complaint against the rate or a petition to reduce the rate is filed by any shipper and is sustained, in whole or in part, all shippers who have paid the rates filed by the pipeline have the right to reparation or reimbursement of all excess in transportation charges paid, over and above the proper rate as finally determined, on all shipments made after the date of the filing of the complaint.
History: En. Sec. 4, Ch. 8, Ex. L. 1921; re-en. Sec. 3851, R.C.M. 1921; re-en. Sec. 3851, R.C.M. 1935; amd. Sec. 3, Ch. 190, L. 1955; amd. Sec. 3, Ch. 170, L. 1963; amd. Sec. 20, Ch. 315, L. 1974; R.C.M. 1947, 8-204; amd. Sec. 3, Ch. 231, L. 2009; amd. Sec. 3, Ch. 44, L. 2013.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 13. Pipeline Carriers › Part 2. Role of Commission › 69-13-202. Assumption of validity of commission orders

69-13-202. Assumption of validity of commission orders.
Until set aside or vacated by some decree or order of a court of competent jurisdiction, all orders of the commission as to any matter within its jurisdiction shall be accepted as prima facie evidence of their validity.
History: En. Sec. 5, Ch. 8, Ex. L. 1921; re-en. Sec. 3852, R.C.M. 1921; re-en. Sec. 3852, R.C.M. 1935; amd. Sec. 4, Ch. 190, L. 1955; amd. Sec. 4, Ch. 170, L. 1963; amd. Sec. 20, Ch. 315, L. 1974; R.C.M. 1947, 8-205(part).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 13. Pipeline Carriers › Part 2. Role of Commission › 69-13-203. Investigatory and enforcement authority of commission

69-13-203. Investigatory and enforcement authority of commission.
The commission shall have the power and authority to hear and determine complaints, to require attendance of witnesses, and to institute suits and sue out such writs and process as may be necessary for the enforcement of its orders.
History: En. Sec. 6, Ch. 8, Ex. L. 1921; re-en. Sec. 3853, R.C.M. 1921; re-en. Sec. 3853, R.C.M. 1935; amd. Sec. 5, Ch. 190, L. 1955; amd. Sec. 5, Ch. 170, L. 1963; amd. Sec. 20, Ch. 315, L. 1974; R.C.M. 1947, 8-206(part).