Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.27 - Tariffs - Rate Provisions › Rule 38.3.2711 - ALTERNATIVE USE OF RATES IN SECTIONAL TARIFFS

Current through Register Vol. 13, July 5, 2024
(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.