reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.1 - Definitions and General Rules › Rule 38.3.130 - MEANING AND EFFECT OF CLASS D LANDFILL CLOSURE PROVISION

Current through Register Vol. 13, July 5, 2024
(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.
69-12-201,
					 MCA; IMP,
					 69-12-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.2 - Laws and Rules Applicable to Intrastate and Interstate Carriers › Rule 38.3.201 - VEHICLE REGISTRATION FEE

Current through Register Vol. 13, July 5, 2024
(1) Class A 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.
AUTH:
					 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
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.2 - Laws and Rules Applicable to Intrastate and Interstate Carriers › Rule 38.3.202 - INTERSTATE AND FOREIGN CARRIERS (REPEALED)

Current through Register Vol. 13, July 5, 2024
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;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.2 - Laws and Rules Applicable to Intrastate and Interstate Carriers › Rule 38.3.203 - REGISTRATION OF INTRASTATE, INTERSTATE, AND FOREIGN AUTHORITIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 69-12-201
					 and
					 69-12-204,
					 MCA; IMP, Secs.
					 69-12-103,
					 69-12-401
					 and
					 69-12-402,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.2 - Laws and Rules Applicable to Intrastate and Interstate Carriers › Rule 38.3.204 - INTERSTATE COMMERCE COMMISSION RULES

Current through Register Vol. 13, July 5, 2024
(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.
Sec.
					 69-12-201,
					 MCA; IMP, Secs.
					 69-12-101,
					 et seq., MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.2 - Laws and Rules Applicable to Intrastate and Interstate Carriers › Rule 38.3.205 - TRIP PERMITS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-12-201,
					 MCA; IMP, Secs.
					 69-12-201
					 and
					 69-12-421,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.3 - Urban Transportation Districts › Rule 38.3.301 - JURISDICTIONAL POLICY

Current through Register Vol. 13, July 5, 2024
(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.
Sec.
					 2-4-501,
					 MCA; IMP, Sec.
					 69-12-101(4), (6) and
					 (8),
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.4 - Applications for Motor Carrier Authority › Rule 38.3.401 - COMPLETION OF APPLICATIONS

Current through Register Vol. 13, July 5, 2024
(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.
AUTH:
					 69-12-201,
					 MCA; IMP:
					 69-12-311,
					 69-12-312,
					 69-12-313,
					 69-12-314,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.4 - Applications for Motor Carrier Authority › Rule 38.3.402 - APPLICATION AND PROTEST FEES

Current through Register Vol. 13, July 5, 2024
(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.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.4 - Applications for Motor Carrier Authority › Rule 38.3.403 - POSSESSION OF CERTIFICATES AND PERMIT

Current through Register Vol. 13, July 5, 2024
(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.
69-12-201,
					 MCA; IMP,
					 69-12-101,
					 et seq., MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.4 - Applications for Motor Carrier Authority › Rule 38.3.404 - NOTICE OF PUBLIC HEARING ON APPLICATION FOR OPERATING AUTHORITY

Current through Register Vol. 13, July 5, 2024
(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.
69-12-201
					 and
					 69-12-204,
					 MCA; IMP,
					 69-12-321
					 and
					 69-12-322,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.4 - Applications for Motor Carrier Authority › Rule 38.3.405 - COMPLETION OF PROTEST TO APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY

Current through Register Vol. 13, July 5, 2024
(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.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.4 - Applications for Motor Carrier Authority › Rule 38.3.406 - COMPLETION OF PROTEST TO APPLICATION FOR CERTIFICATE OF COMPLIANCE

Current through Register Vol. 13, July 5, 2024
(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.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.5 - Temporary Operating Authority › Rule 38.3.501

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-12-201,
					 MCA; IMP:
					 69-12-207,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.5 - Temporary Operating Authority › Rule 38.3.502 - APPLICATIONS FOR TEMPORARY OPERATING AUTHORITY

Current through Register Vol. 13, July 5, 2024
(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.
69-12-201
					 and
					 69-12-204,
					 MCA; IMP,
					 69-12-207,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.5 - Temporary Operating Authority › Rule 38.3.503 - SUPPORTING AFFIDAVITS

Current through Register Vol. 13, July 5, 2024
(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.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.5 - Temporary Operating Authority › Rule 38.3.504 - NOTICE TO INTERESTED PERSONS

Current through Register Vol. 13, July 5, 2024
(1) Notice
				of the filing of temporary authority applications shall be given by U.S. mail
				or in person to all persons at 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.
69-12-201,
					 MCA; IMP,
					 69-12-207,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.5 - Temporary Operating Authority › Rule 38.3.505 - FILING OF PROTESTS

Current through Register Vol. 13, July 5, 2024
(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.
69-12-201,
					 MCA; IMP,
					 69-12-207,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.5 - Temporary Operating Authority › Rule 38.3.506 - GENERAL COMPLIANCE WITH MONTANA LAW

Current through Register Vol. 13, July 5, 2024
(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.
69-12-201,
					 MCA; IMP,
					 69-12-207,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.6 - Requirements of Prompt and Continued Operation › Rule 38.3.601 - OPERATION UPON GRANTING OF CERTIFICATE

Current through Register Vol. 13, July 5, 2024
(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.
AUTH:
					 69-12-201,
					 69-12-204,
					 MCA; IMP:
					 69-12-101,
					 et seq.,
					 69-12-327,
					 69-12-401,
					 69-12-402,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.6 - Requirements of Prompt and Continued Operation › Rule 38.3.602 - OPERATION AFTER SALE OR TRANSFER OF CERTIFICATE

Current through Register Vol. 13, July 5, 2024
(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 period, the failure may result in the revocation of the right,
				privilege or certificate held by the motor carrier.
AUTH:
					 69-12-201,
					 69-12-204,
					 MCA; IMP:
					 69-12-101,
					 et seq.,
					 69-12-327,
					 69-12-401,
					 69-12-402,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.6 - Requirements of Prompt and Continued Operation › Rule 38.3.603 - INTERRUPTION AND DISCONTINUANCE OF OPERATIONS

Current through Register Vol. 13, July 5, 2024
(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 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 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.
AUTH:
					 69-12-201,
					 MCA; IMP:
					 69-12-403,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.7 - Insurance › Rule 38.3.701 - EVIDENCE OF INSURANCE REQUIRED

Current through Register Vol. 13, July 5, 2024
(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.
AUTH:
					 69-12-201,
					 MCA; IMP:
					 69-12-402,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.7 - Insurance › Rule 38.3.702 - BODILY INJURY AND PROPERTY DAMAGE LIABILITY INSURANCE

Current through Register Vol. 13, July 5, 2024
(1) Every class A 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.
AUTH:
					 69-12-201, MCA; IMP:
					 69-12-402,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.7 - Insurance › Rule 38.3.703 - CARGO INSURANCE

Current through Register Vol. 13, July 5, 2024
(1) Each class A
				intrastate carrier must file with this commission evidence of complying with
				the minimum insurance requirements of this commission as applicable to cargo
				insurance.
AUTH:
					 69-12-201,
					 MCA; IMP:
					 69-12-402,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.7 - Insurance › Rule 38.3.704 - AUTHORIZED INSURANCE COMPANIES AND CERTIFICATES OF INSURANCE

Current through Register Vol. 13, July 5, 2024
(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.
Sec.
					 69-12-201,
					 MCA; IMP, Sec.
					 69-12-402,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.7 - Insurance › Rule 38.3.705 - FORMS FOR CERTIFICATE OF INSURANCE

Current through Register Vol. 13, July 5, 2024
(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 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.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.7 - Insurance › Rule 38.3.706 - ENDORSEMENTS

Current through Register Vol. 13, July 5, 2024
(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) Casualty (liability) insurance for class
				A 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 motor carrier, other than as provided in (a)(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.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.7 - Insurance › Rule 38.3.707 - MINIMUM LIMITS OF INSURANCE COVERAGE - BONDS UNACCEPTABLE

Current through Register Vol. 13, July 5, 2024
(1) Minimum limits of insurance coverage for
				class A 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.
AUTH:
					 69-12-201, MCA; IMP:
					 69-12-402,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.7 - Insurance › Rule 38.3.708 - SELF-INSURANCE

Current through Register Vol. 13, July 5, 2024
(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.
AUTH:
					 69-12-201,
					 MCA; IMP:
					 69-12-402,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.7 - Insurance › Rule 38.3.709 - ANNUAL FINANCIAL REPORTS REQUIRED FOR SELF-INSURANCE

Current through Register Vol. 13, July 5, 2024
(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.
Sec.
					 69-12-201,
					 MCA; IMP, Sec.
					 69-12-402,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.7 - Insurance › Rule 38.3.712 - COMMERCIAL TOW TRUCK FIRMS - PROOF OF REQUIRED INSURANCE (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-12-201,
					 MCA; IMP,
					 61-8-905,
					 61-8-906,
					 69-12-102(2),
					 69-12-402,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.8 - Fees and Reports › Rule 38.3.801 - FEES

Current through Register Vol. 13, July 5, 2024
(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.
Sec.
					 69-12-201,
					 MCA; IMP, Secs.
					 69-12-421
					 and
					 69-12-423,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.8 - Fees and Reports › Rule 38.3.805 - ANNUAL REPORTS

Current through Register Vol. 13, July 5, 2024
(1) As required in
				69-12-407, MCA, class A 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.
AUTH:
					 69-12-201, MCA; IMP:
					 69-12-407,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.9 - Motor Carriers of Property › Rule 38.3.902 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-12-201,
					 MCA; IMP, Sec.
					 69-12-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.9 - Motor Carriers of Property › Rule 38.3.904 - INSURANCE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-12-201,
					 MCA; IMP, Sec.
					 69-12-402,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.9 - Motor Carriers of Property › Rule 38.3.906 - SELF-INSURANCE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-12-201,
					 MCA; IMP, Sec.
					 69-12-402,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.9 - Motor Carriers of Property › Rule 38.3.908 - ANNUAL PER VEHICLE REGISTRATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-12-201,
					 MCA; IMP, Sec.
					 69-12-421,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.9 - Motor Carriers of Property › Rule 38.3.910 - CARRIER INSURANCE REGISTRATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-12-201,
					 MCA; IMP, Secs.
					 69-12-201,
					 69-12-402
					 and
					 69-12-421,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.9 - Motor Carriers of Property › Rule 38.3.911 - APPLICATION FOR CARRIER INSURANCE REGISTRATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-12-201,
					 MCA; IMP, Secs.
					 69-12-201,
					 69-12-402
					 and
					 69-12-421,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.9 - Motor Carriers of Property › Rule 38.3.912 - CARRIER INSURANCE REGISTRATION FOR EXISTING MOTOR CARRIERS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-12-201,
					 MCA; IMP, Secs.
					 69-12-201,
					 69-12-402
					 and
					 69-12-421,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.9 - Motor Carriers of Property › Rule 38.3.914 - MAINTENANCE OF CARRIER INSURANCE REGISTRATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-12-201,
					 MCA; IMP, Sec.
					 69-12-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.9 - Motor Carriers of Property › Rule 38.3.915 - RENEWAL OF CARRIER INSURANCE REGISTRATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-12-201,
					 MCA; IMP, Sec.
					 69-12-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.9 - Motor Carriers of Property › Rule 38.3.917 - LEASE OF POWER UNITS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-12-201,
					 MCA; IMP, Secs.
					 69-12-201
					 and
					 69-12-611,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.9 - Motor Carriers of Property › Rule 38.3.919 - TRANSFER OF CARRIER INSURANCE REGISTRATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-12-201,
					 MCA; IMP, Sec.
					 69-12-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.10 - Transportation Incidental to a Principal Business › Rule 38.3.1001 - EXCLUSION FROM THE DEFINITION OF MOTOR CARRIER FOR TRANSPORTATION INCIDENTAL TO PRINCIPAL BUSINESS

Current through Register Vol. 13, July 5, 2024
(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."
Sec.
					 69-12-201,
					 MCA; IMP, Sec.
					 69-12-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.10 - Transportation Incidental to a Principal Business › Rule 38.3.1002 - SUBSTANTIVE DEFINITION OF KEY WORDS AND PHRASES

Current through Register Vol. 13, July 5, 2024
(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.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.10 - Transportation Incidental to a Principal Business › Rule 38.3.1003 - FACTORS

Current through Register Vol. 13, July 5, 2024
(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.
Sec.
					 69-12-201,
					 MCA; IMP, Sec.
					 69-12-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.10 - Transportation Incidental to a Principal Business › Rule 38.3.1004 - EFFECT OF COMPETITION WITH REGULATED MOTOR CARRIERS

Current through Register Vol. 13, July 5, 2024
(1) Transportation incidental to a principal
				business, as provided in these rules, remains not regulated even though it may
				compete with regulated motor carriage.
Sec.
					 69-12-201,
					 MCA; IMP, Sec.
					 69-12-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.10 - Transportation Incidental to a Principal Business › Rule 38.3.1005 - EXCLUSION INAPPLICABLE IN CERTAIN PRINCIPAL BUSINESSES

Current through Register Vol. 13, July 5, 2024
(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).
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.11 - Special Rules Concerning Household Goods and Buildings › Rule 38.3.1101 - TRANSPORTATION OF HOUSEHOLD GOODS (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-12-201,
					 MCA IMP:
					 69-12-101,
					 et seq., MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.11 - Special Rules Concerning Household Goods and Buildings › Rule 38.3.1104 - STATEWIDE AUTHORITY FOR TRANSPORTATION OF BUILDINGS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-12-201,
					 MCA; IMP, Sec.
					 69-12-331,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.12 - Minimum Operations Requirements for Class D Motor Carriers › Rule 38.3.1201 - USUAL BUSINESS OPERATION

Current through Register Vol. 13, July 5, 2024
(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.
Sec.
					 69-12-201,
					 MCA; IMP, Secs.
					 69-12-314
					 and
					 69-12-407,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.12 - Minimum Operations Requirements for Class D Motor Carriers › Rule 38.3.1202 - REGULAR BASIS

Current through Register Vol. 13, July 5, 2024
(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.
Sec.
					 69-12-201,
					 MCA; IMP, Secs.
					 69-12-314
					 and
					 69-12-407,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.12 - Minimum Operations Requirements for Class D Motor Carriers › Rule 38.3.1203 - RETAINING CLASS D CERTIFICATE

Current through Register Vol. 13, July 5, 2024
(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.
Sec.
					 69-12-201,
					 MCA; IMP, Secs.
					 69-12-314
					 and
					 69-12-407,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.12 - Minimum Operations Requirements for Class D Motor Carriers › Rule 38.3.1204 - OTHER CIRCUMSTANCES ALLOWING RETENTION OF CLASS D CERTIFICATE

Current through Register Vol. 13, July 5, 2024
(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.
Sec.
					 69-12-201,
					 MCA; IMP, Secs.
					 69-12-314
					 and
					 69-12-407,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.12 - Minimum Operations Requirements for Class D Motor Carriers › Rule 38.3.1205 - REPORTS

Current through Register Vol. 13, July 5, 2024
(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.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.12 - Minimum Operations Requirements for Class D Motor Carriers › Rule 38.3.1206 - ADDITIONAL INFORMATION REQUIRED BY THE COM- MISSION

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