reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.27 - Tariffs - Rate Provisions › Rule 38.3.2705 - LOCAL TARIFF MUST CONTAIN ALL LOCAL RATES ON SAME COMMODITIES FROM SAME POINTS OF ORIGIN

Current through Register Vol. 13, July 5, 2024
(1) A local tariff
				on a single commodity, or a few commodities, shall contain all of that
				carrier's local commodity rates, other than distance or mileage rates, on such
				commodity or commodities applying from the points of origin named in the
				tariff, except that when a joint agent also published local rates on the same
				commodity from the same points of origin reference by PSC number shall be made
				in the individual lines tariff to the agency publication.
(2) A joint commodity tariff on a single
				commodity, or a few commodities, shall contain all the commodity rates of the
				initial carrier or carriers, other than distance or mileage rates, on such
				commodity or commodities, applying from the named points of origin to any point
				in the same rate territory on the destination line named in the tariff via the
				route or routes authorized by the tariff.
(3) Such local or joint tariffs may contain
				distance or mileage commodity rates.
Sec.
					 69-12-201,
					 MCA; IMP, Title 69, Chapter 12, Part 5,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.27 - Tariffs - Rate Provisions › Rule 38.3.2706 - STATEMENT THAT RATES IN ONE TARIFF TAKE PRECEDENCE OVER RATES IN ANOTHER TARIFF NOT PERMITTED

Current through Register Vol. 13, July 5, 2024
(1) The publication
				of class or commodity rates which duplicate or conflict with the rates
				published in some other tariff via the same route is not permissible, and
				except as otherwise authorized, the publication of a statement in a tariff to
				the effect that the rates published therein take precedence over the rates
				published in some other tariff, or that the rates published in some other
				tariff take precedence over the rates published therein, is hereby
				prohibited.
Sec.
					 69-12-201,
					 MCA; IMP, Title 69, Chapter 12, Part 5,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.27 - Tariffs - Rate Provisions › Rule 38.3.2707 - COMMODITY RATES MUST BE SPECIFIC

Current through Register Vol. 13, July 5, 2024
(1) When
				commodity rates are established the description of the commodity must be
				specific and the rates thereon must not be applied to analogous articles. As
				far as possible uniform commodity descriptions should be used in all
				tariffs.
Sec.
					 69-12-201,
					 MCA; IMP, Title 69, Chapter 12, Part 5,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.27 - Tariffs - Rate Provisions › Rule 38.3.2708 - COMMODITY RATE DISPLACES CLASS RATE

Current through Register Vol. 13, July 5, 2024
(1) Where a
				commodity rate, either distance or mileage, or specific, is named in a tariff
				from origin to destination such commodity rate, except. as otherwise provided,
				is the applicable rate and the only rate that may be used via the route or
				routes over which the commodity rate applies, even though a class rate, or some
				combination of rates may make a lower rate.
Sec.
					 69-12-201,
					 MCA; IMP, Title 69, Chapter 12, Part 5,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.27 - Tariffs - Rate Provisions › Rule 38.3.2709 - ALTERNATIVE TRUCKLOAD RATES

Current through Register Vol. 13, July 5, 2024
(1) Different
				truckload commodity rates based on different minimum weights may be published
				on a given commodity between specific points, provided a lower rate is made
				applicable in connection with the higher minimum weight, by publishing such
				commodity rates in one and the same item or in different columns on the same
				page and by showing in connection with such item or columns a rule to the
				effect that the lower truckload charge obtainable under the different truckload
				rates and minimum weights must be applied. (See also ARM
				38.3.2710.)
Sec.
					 69-12-201,
					 MCA; IMP, Title 69, Chapter 12, Part 5,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.27 - Tariffs - Rate Provisions › Rule 38.3.2710 - MIXED TRUCKLOADS

Current through Register Vol. 13, July 5, 2024
(1) Commodity rates
				may be established on different articles for shipment in mixed truckloads and
				will be the applicable rate for such mixtures.
(2) Minimum truckload weights should be
				specified together with a statement in connection with the commodity
				description that the rates apply when shipped in mixed truckloads.
(3) Such rates may also be made applicable
				upon straight truckloads of one or more or all of the articles by provision to
				that effect in connection with the commodity description.
(4) When more than one article is included in
				an item or commodity description, the tariff must specifically state whether or
				not the rates apply on straight or mixed truckloads or both.
Sec.
					 69-12-201,
					 MCA; IMP, Title 69, Chapter 12, Part 5,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.27 - Tariffs - Rate Provisions › Rule 38.3.2712 - ALTERNATION OF CLASS RATES IN ONE TARIFF WITH COMMODITY RATES IN ANOTHER TARIFF

Current through Register Vol. 13, July 5, 2024
(1) When because of
				differences in minimum weights, package requirements, mixed truckload
				provisions, or other conditions the charges accruing under commodity rates
				result in higher charges than those accruing under the class rates published in
				other tariffs, provision may be made in a tariff containing commodity rates
				only, for the alternation of such rates with class rates published in not more
				than three other tariffs containing class rates only, provided that the
				commodity tariff contains specific reference to the PSC number or numbers of
				the class tariffs and shows in connection with each PSC number a complete
				description of the origin and destination territory shown in that tariff. The
				following notation must be shown in the commodity tariff under the application
				of rates:
(a) If the charges accruing under
				the class rates published in the following tariffs, including supplements to or
				successive issues thereof, from and to the same points via the same routes are
				lower than the charges accruing under the commodity rates published in this
				tariff, the lower charges resulting from such class rates will apply. (Here
				show PSC numbers of the class tariffs and the required description of
				each.)
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.27 - Tariffs - Rate Provisions › Rule 38.3.2713 - TRANSFER OR RATES FROM ONE TARIFF TO ANOTHER

Current through Register Vol. 13, July 5, 2024
(1) If a tariff or supplement to a tariff or
				a revised page is issued which is to displace a part of another tariff which is
				in force at the time, and which tariff is not thereby cancelled in full, it
				shall specifically state the portion of such other tariff or such other
				supplement which is thereby cancelled, and such other tariff shall at the same
				time be correspondingly amended, effective on the same date, in the regular
				way; that is, by reissue if tariff is of four pages or less, by reissue or
				supplement if tariff is of more than four pages, and by revised pages if tariff
				is a loose-leaf tariff. (See ARM
				38.3.2801(2) and
				38.3.2802 ). Such reissue,
				supplement, or revised page must state where rates will thereafter be found and
				must be filed at the same time and in connection with the tariff or supplement
				which contains the new rates. Cancellation may be indicated substantially as
				follows: "cancels ___ PSC No. ___, to the extent shown in supplement No. ___
				thereto."
(2) A tariff cancelling
				more than one tariff in whole or in part must include a brief description of
				such tariffs. It will not be necessary to show on a commodity tariff or
				supplement reference to class tariffs that may be affected, nor to show on a
				class tariff or supplement reference to a commodity tariff.
(3) If a tariff is cancelled by the issuance
				of another tariff to take its place, cancellation notice must not be given by
				supplement, but by notice printed, in the new tariff, as provided in ARM
				38.3.2606(1) (b).
				(See ARM 38.3.2605.)
(4) Cancellation of a tariff also cancels
				supplements to such tariff, if any in effect.
Sec.
					 69-12-201,
					 MCA; IMP, Title 69, Chapter 12, Part 5,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.27 - Tariffs - Rate Provisions › Rule 38.3.2714 - TRANSFER OF RATES FROM CARRIERS' TO AGENTS' AND FROM AGENTS' TO CARRIERS'

Current through Register Vol. 13, July 5, 2024
(1) An agent who acts under authority of
				power of attorney is fully authorized to act for the principals that have named
				him their agent and attorney, and therefore, when an agent publishes rates in
				his tariffs which are to displace the rates in his principals' tariff, the
				agent must cancel the rates in his principals' tariffs as per ARM
				38.3.2713.
(2) A carrier must not publish in its
				individual tariff rates which are to displace the rates published in a tariff
				of a duly authorized agent unless the tariff is accompanied by a supplement
				issued by the agent cancelling the rates in his tariff effective on the same
				date, as per ARM 38.3.2713.
Sec.
					 69-12-201,
					 MCA, IMP, Title 69, chapter 12, Part 5,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.28 - Tariffs - Cancellation, Amendment or Supplement › Rule 38.3.2802 - AMENDMENTS AND SUPPLEMENTS

Current through Register Vol. 13, July 5, 2024
(1) A change in or
				addition to a tariff shall be known as an amendment, and, excepting amendments
				to tariffs of less than five pages, and amendments to tariffs in loose-leaf
				form, shall be published in a supplement to the tariff. When an amendment is
				made in a numbered item, or other unit, such item, or other unit must be
				published in a supplement in its entirety as amended. When rates are published
				in numbered items, cancellation shall be made as prescribed in ARM
				38.3.2801. When rates are
				published in numbered units other than item numbers, supplements changing
				matter must specifically provide for the cancellation of such matter by
				reference to the number of the item or other unit that it cancels. When such a
				change is made in matter published in a supplement in a numbered unit other
				than an item, the new supplement must also give reference by number to the
				previous supplement. In those instances where matter is not published in
				numbered units, the changed provision must be published in the supplement in
				its entirety and reference must be made to the page or pages of the tariff on
				which the matter to be cancelled is shown. If such matter has been cancelled by
				a previous supplement, specific cancellation must be made of the corresponding
				matter in the "tariff as amended" and specific reference shall be made by
				number to page or pages of the previous supplement containing the matter to be
				changed, and to the page or pages of the original tariff formerly containing
				such matter corresponding thereto.
(2) The matter contained in each supplement
				shall be arranged in the same general manner and order as in the tariff which
				it amends and when stations in a tariff are given index numbers the same index
				number must be assigned to the same station in all supplements to the
				tariff.
Sec.
					 69-12-201,
					 MCA; IMP, Title 69, Chapter 12, Part 5,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.28 - Tariffs - Cancellation, Amendment or Supplement › Rule 38.3.2803 - PARTICIPATING CARRIERS - HOW SHOWN IN SUPPLEMENTS

Current through Register Vol. 13, July 5, 2024
(1) A supplement shall contain either a list
				of carriers participating therein, or shall state that the list of
				participating carriers is "as shown in tariff," or "as shown in tariff and
				effective supplements," to which may be added "except (here show corrections
				in, additions to, or eliminations from the original list that are affected by
				the supplement)." Changes in or additions to the list of participating carriers
				in the tariff or previous supplements shall be listed alphabetically.
(2) When a participating carrier is
				eliminated by supplement such supplement must also provide for cancellation of
				rates in connection with that carrier. (See ARM
				38.3.2801.) Reissue of effective
				changes shall be indicated as required by ARM
				38.3.2806.
Sec.
					 69-12-201,
					 MCA; IMP, Title 69, Chapter 12, Part 5,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.28 - Tariffs - Cancellation, Amendment or Supplement › Rule 38.3.2804 - SUPPLEMENT NUMBER AND CANCELLATION

Current through Register Vol. 13, July 5, 2024
(1)
				Supplements to a tariff shall be numbered consecutively. Each supplement shall
				specify on its title page the supplement or supplements or tariff or tariffs
				which it cancels, and shall also show what supplements contain actual changes
				from the rates, rules, or regulations in the original tariff. In connection
				with the numbers of the supplements issued under these rules, reference marks
				must be used and explained on the title page to indicate the nature of the
				supplements filed under such authorities. The term "cancels conflicting
				portions" must not be used, but cancellations must be specific as required by
				ARM 38.3.2801(3) and
				38.3.2802(1).
Sec.
					 69-12-201,
					 MCA; IMP, Title 69, Chapter 12, Part 5,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.28 - Tariffs - Cancellation, Amendment or Supplement › Rule 38.3.2805 - EXCEPTION TO GENERAL EFFECTIVE DATE

Current through Register Vol. 13, July 5, 2024
(1)
				Every publication which contains rates, rules or regulations effective upon a
				date different from the general effective date of such publication must show on
				its title page the following notation: "Effective ___,19___(except as otherwise
				provided herein) " or "(except as provided in Item ___) " or "(except as
				provided on page ___)."
(a) Every publication
				which consists partly but not wholly of matter established upon less than
				statutory notice shall show in connection with each change made effective on
				less than statutory notice a notation that such matter is issued on_______
days' notice under authority of ___, (here give specific
				  reference to the special permission, decision, order, rule, or other
				  authority.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.28 - Tariffs - Cancellation, Amendment or Supplement › Rule 38.3.2806 - REISSUED MATTER

Current through Register Vol. 13, July 5, 2024
(1) Matter brought
				forward without change from a tariff which has not been in effect 30 days, also
				matter brought forward without change from one supplement to another, must be
				designated "reissued" in distinctive type and must show the original effective
				date and the number of the supplement or tariff from which it is reissued; or
				must be uniformly indicated by the letter T followed by the symbol for
				"reissued" when reissued from another tariff or from a supplement to another
				tariff and by numerals commencing with 1 followed by the symbol for "reissued"
				when reissued from a prior supplement to the same tariff, printed in
				distinctive type and shown in a conspicuous manner, and the explanation thereof
				must be made in the tariff or supplement in which the symbols are used.
				Examples: "T ___ Reissued from PSC No. ___, or (Supplement No. ___ to PSC No.
				___), effective (date upon which item became effective in former tariff or
				supplement to another tariff) ___, 19___"; "T ___ Reissued from Supplement No.
				1, effective ___, 19___," and so on numerically, the figures of the symbols
				always representing the number of the supplement to the same tariff from which
				the reissued item is brought forward. If items in a tariff or supplement are
				made effective on dates other than the general effective date shown on the
				title page, reissue of such items may be indicated in later publications by
				showing a letter suffix or other symbol in connection with, and as a part of,
				the letter T or the numerals followed by the symbol for "reissued" as herein
				authorized. When the reissued item became effective in a supplement to another
				tariff, the PSC number of that tariff must also be given. The letter T and
				numerals commencing with 1, both followed by the symbol for "reissued," shall
				not be used as reference marks or symbols for any other purpose in any tariff
				or supplement.
Sec.
					 69-12-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.28 - Tariffs - Cancellation, Amendment or Supplement › Rule 38.3.2807 - NUMBER OF SUPPLEMENTS EFFECTIVE AT ANY TIME

Current through Register Vol. 13, July 5, 2024
(1) Except as authorized in ARM
				38.3.2801 tariffs of 4 pages or
				less may have no supplement; not more than 1 supplement may be in effect at any
				time to a tariff containing 5 and not more than 16 pages; not more than 2
				supplements may be in effect at any time to a tariff containing 17 and not more
				than 80 pages; not more than 3 supplements may be in effect at any time to a
				tariff containing 81 and not more than 200 pages; and not more than 4
				supplements may be in effect at any time to a tariff containing more than 200
				pages.
(2) Except as authorized in
				ARM 38.3.2801 and
				38.3.3301, tariffs containing 5
				and not more than 12 pages may have not more than 4 pages of supplemental
				matter, and tariffs containing more than 12 pages may have supplemental matter
				aggregating not more than 33 1/3 percent of the number of pages in the tariff
				except that if the number of pages in the supplement which brings the volume of
				matter up to that authorized by the rule is not evenly divisible by 4, it may
				exceed the volume authorized to the extent necessary to bring the number of
				pages of such supplement to the next multiple of 4. The smallest of 3 effective
				supplements to a tariff of more than 80, but not more than 200 pages shall
				contain not more than 8 pages, and the smallest of 4 effective supplements to a
				tariff of more than 200 pages shall contain not more than 16 pages.
(3) The provisions of the first and second
				paragraphs of this rule will also apply to tariffs filed prior to
				12/31/72.
Sec.
					 69-12-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.28 - Tariffs - Cancellation, Amendment or Supplement › Rule 38.3.2808 - INDEX TO SUPPLEMENTS

Current through Register Vol. 13, July 5, 2024
(1) A supplement of
				5 or more pages must have an index of the matter which it contains, and a
				supplement of more than 23 pages must also contain a table of contents. In view
				of the provision of ARM
				38.3.2801(3) 
				which requires that cancellation of a numbered item must be made under the same
				item number in a supplement as that given to that item in the tariff, and the
				requirement of ARM
				38.3.2802 which provides that the
				index number assigned to a station in a supplement must be the number assigned
				to that station in the tariff, the table of contents and indexes in a
				supplement of five or more pages need not contain therein entries which are
				shown in the table of contents or indexes in the tariff: Provided, that in
				connection with the index of points of origin (or destination) the following
				notation shall be shown:
(a) The index numbers
				of stations in this supplement correspond with the index numbers of the same
				stations shown on pages ___to ___, inclusive, of the tariff, with the following
				additions and exceptions:
(i) The table of
				contents and indexes in such a supplement may be omitted if ARM
				38.3.2607 does not require the
				tariff, to which the supplement is issued, to contain a table of contents and
				indexes.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.28 - Tariffs - Cancellation, Amendment or Supplement › Rule 38.3.2809 - SUPPLEMENT TO TARIFF THAT IS FILED AND NOT YET EFFECTIVE

Current through Register Vol. 13, July 5, 2024
(1) If a tariff is filed on statutory notice
				cancelling another tariff and after such filing a supplement to the tariff to
				be so cancelled should be issued effective prior to the general effective date
				of such new tariff, rates in such supplement could not continue in effect for
				the 30 days required by law because the cancellation of the former tariff also
				cancels supplements to it. In such a case, and confined to additions or to
				changes in rates or provisions which were brought forward in the new tariff
				without change, the provisions of ARM
				38.3.2807 need not be observed as
				to the old tariff, and a supplement making the same changes in or additions to
				both tariffs may be issued as supplements both to the tariff in effect and to
				the tariff which will effect such cancellation, and be given both PSC numbers.
				In other words, such issue must be a supplement both to the old and the new
				tariffs and copies must be posted and filed accordingly. Only one such
				supplement may be in effect at any time.
(2) Rates or provisions which have been
				established in an old tariff and reproduced or reissued in a new tariff may be
				changed upon lawful notice by supplement to the new tariff, effective not
				earlier than the general effective date of the new tariff, by showing in the
				following manner in connection with the changed rates or provisions that the
				rates or provisions changed thereby have been in effect 30 days or more, in the
				former issue. Example: "Item 40-A cancels item 40.Item 40 effective ___,
				brought forward without change from Item No.___ of PSC ___ No. (former
				issue)."
(3) New rates or
				provisions which do not change rates or provisions in either the old or new
				tariff may be established upon lawful notice by supplement to the new tariff,
				effective not earlier than the general effective date of the new tariff, by
				showing in the following manner, in connection with the new rates or provisions
				that the rates or provisions previously applicable have been in effect 30 days
				or more in a former issue. Example: "Addition. Changes class rates which became
				effective ___ in PSC No. ___."Unless the provisions of this paragraph are
				complied with no supplement to a tariff that is on file and not yet effective
				may be made effective within 30 days from the effective date of the tariff with
				out special permission.
Sec.
					 69-12-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.29 - Tariffs - Loose-Leaf › Rule 38.3.2901 - LOOSE-LEAF TARIFF FORMAT

Current through Register Vol. 13, July 5, 2024
(1) Pages of
				loose-leaf tariffs shall be printed on thin paper of strong texture, on one
				side only; must be consecutively numbered and designated as "Original page 1,"
				"Original page 2," etc. Each page must show at the top of the page the name of
				the issuing carrier or agent, the page number, and the PSC number of the
				tariff. At the bottom of the page shall be shown the date of issue, the
				effective date, and the name, title, and street address of the issuing officer
				or agent.
(2) Changes in and
				additions to loose-leaf tariffs shall be made by reprinting the page upon which
				change or addition is made, and such changed page shall be designated as a
				revised page. For example: "First revised page 1 cancels original page 1," or
				"Second page 2 cancels first revised page 2," etc. When a revised title page is
				issued the following notation shall be shown in connection with its effective
				date: Original tariff effective ______ (here show effective date of the
				original tariff) except as hereinafter provided in (6) hereof.
(3) If on account of expansion of matter on
				any page it becomes necessary to add an additional page in order to take care
				of the additional matter, such additional page shall be given the same number
				with a letter suffix. For example: "Original page 4-A," "Original page 4-B,"
				etc. If it is necessary to change matter on original page 4-A it may be done by
				issuing first revised page 4-A, which shall provide for the cancellation of
				original page 4-A.
(4) When a
				revised page is issued which omits rates, rules, or regulations theretofore
				published on the page which it cancels, and such rates, rules, or regulations
				are published on another page, the revised page must make specific reference to
				the page on which the rates, rules, or regulations will be found, and the page
				to which reference is so made must contain the following notation in connection
				with such rates, rules, regulations, etc.:
(a)
				For______ (here insert rates, rules, regulations, etc., as case may be) in
				effect prior to the effective date hereof see page_________.
(b) Subsequently revised pages of the same
				number must omit this notation insofar as this particular matter is
				concerned.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.29 - Tariffs - Loose-Leaf › Rule 38.3.2902 - CHECK SHEETS

Current through Register Vol. 13, July 5, 2024
(1) The page of
				every loose-leaf tariff next to the title page shall be designated as "Original
				page 1" and shall be known as a "check sheet." When the original tariff is
				filed the check sheet must show the number of pages contained in the tariff.
				For example: "Pages 1 to 150, inclusive, of this tariff are effective as of the
				date shown." When new pages numbered 151, 152, etc., are added, the above
				notation must be correspondingly revised to include the added pages. When pages
				are revised, when new pages (including pages with letter suffix) are added to
				the tariff, or when supplements are issued the check sheet must be revised
				accordingly and, in addition to the above notation, shall show under the
				heading "Original and revised pages as named below and supplement No. ___
				contained all changes from the original tariff that are in effect on the date
				hereof" in numerical order a list of all original pages that have been added to
				the tariff and the pages which have been revised, including the revision
				number. For example:
Number of revision
Page
except as indicated
3........................................................................................................
5th
5A.....................................................................................................
Orig.
10.....................................................................................................
8th
151...................................................................................................
Orig.
(2)
				Revised check sheets listing the added or revised pages must accompany such
				pages when forwarded to the Commission for filing.
(3) Changes shall be indicated as required by
				ARM 38.3.2603. Items which have been
				in effect 30 days or more need not be shown as reissued items on revised pages,
				but may be republished as effective on 30 days' notice. Items which have not
				been in effect 30 days when brought forward on revised page must be shown as
				reissued in the manner prescribed in ARM
				38.3.2805.
(4) When protective covers for loose-leaf
				tariffs are used, only such information should appear thereon as will remain
				constant and in use during the life of the tariffs.
Sec.
					 69-12-201,
					 MCA; IMP, Title 69, Chapter 12, Part 5,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.33 - Tariffs - Special Provisions › Rule 38.3.3301 - PERIODICAL TARIFFS

Current through Register Vol. 13, July 5, 2024
(1) A tariff may
				provide that it will be reissued periodically at specified times, not more than
				nine months apart. Such tariff must bear on upper left-hand corner of title
				page the notation: This tariff will be reissued effective on or before______,
				19___.
(2) Supplements to such
				tariff may contain all amendments thereto without limit as to volume.
(3) Unless the date fixed for reissue of a
				particular tariff is strictly observed, future issues of that tariff may not be
				published under authority of this rule.
Sec.
					 69-12-201,
					 MCA; IMP, Title 69, Chapter 12, Part 5,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.33 - Tariffs - Special Provisions › Rule 38.3.3302 - ADOPTION OF TARIFFS UPON SALE AND TRANSFER OR LEASE

Current through Register Vol. 13, July 5, 2024
(1) Upon approval of sale and transfer, or
				lease, of certificate of authority from one carrier to another, currently
				existing tariffs and time schedules may be adopted, in whole, by the new
				entity. When carrier elects to adopt tariffs and time schedules of the old
				entity, the Commission shall be so advised in writing. Executed adoption
				notices, in triplicate, will be forwarded to applicant, for signature and
				approval. The Commission, at its discretion, may decline to approve adoption of
				tariffs not found to be in compliance with the rules, regulations or standards
				of this Chapter. The Commission may, however, for good cause, allow adoption of
				the old tariffs, subject to the requirement that new tariffs, complying with
				the provisions of this Chapter, be filed for approval, not later than 30 days
				after the issuance of certificate.
(2) In addition to filing the above-mentioned
				adoption notice, the new carrier shall file a supplement to each of the tariffs
				covered by the adoption notice reading as follows:
Effective________________________ (here insert date shown in
				  the adoption notice), this tariff
or as amended, insofar as it contains rates, rules, and or
				  regulations applying from, to, at, or via
the following points _____________________ (naming them),
				  became the tariff of the
_____________________ corporate name of adopting carrier as
				  per adoption notice).
(3)
				Such supplements must contain no other matter, must bear reference to this
				rule, and may be issued without regard to the provision of ARM
				38.3.2806.
Sec.
					 69-12-201,
					 MCA; IMP, Title 69, Chapter 12, Part 5,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.33 - Tariffs - Special Provisions › Rule 38.3.3303 - EXISTING TARIFFS

Current through Register Vol. 13, July 5, 2024
(1) Tariffs, time
				schedules and revisions thereof, filed with, and approved by the Commission,
				prior to 12/31/72, shall be deemed adequate, provided, however, that all future
				reissues and revisions to such tariffs shall comply with the rules,
				regulations, orders or standards established by this Chapter.
Sec.
					 69-12-201,
					 MCA; IMP, Title 69, Chapter 12, Part 5,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.33 - Tariffs - Special Provisions › Rule 38.3.3304

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-12-201,
					 MCA; IMP: Title 69, chapter 12, part 5,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.33 - Tariffs - Special Provisions › Rule 38.3.3305 - DISPLAY OF RATES - TAXIS (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-12-201,
					 MCA IMP: Title 69 chapter 12, part 5,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.33 - Tariffs - Special Provisions › Rule 38.3.3306 - AGGREGATE AND INTERMEDIATE RATES VS. THROUGH RATES

Current through Register Vol. 13, July 5, 2024
(1) No Class A motor carrier shall charge or
				receive any greater compensation in the aggregate for the transportation of
				persons, or of like kind of property, for a shorter than for a longer distance
				over the same line in the same direction, the shorter being included within the
				longer distance, nor charge any greater compensation as a through rate than the
				aggregate of the intermediate rates without commission approval. Upon a showing
				to the commission, after notice and hearing, a carrier may seek approval of
				such rate, and if supported by sufficient evidence, the commission may grant
				such greater rate for a shorter distance.
AUTH:
					 69-12-201,
					 MCA; IMP:
					 69-12-501,
					 69-12-502,
					 69-12-503,
					 69-12-504,
					 69-12-505,
					 69-12-511,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.33 - Tariffs - Special Provisions › Rule 38.3.3316 - WAIVER

Current through Register Vol. 13, July 5, 2024
(1) The Commission may, upon good cause shown
				waive, in whole or in part, compliance with any rule, regulation, order or
				standard established in Sub-Chapters 24 through 33.
Sec.
					 69-12-201,
					 MCA; IMP, Title 69, Chapter 12, Part 5,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.34 - Minimum Filing Standards for Motor Carrier Rate Increases › Rule 38.3.3401 - COMPARISON OF PRESENT AND PROPOSED RATES- DEFINITION, PERMANENCE

Current through Register Vol. 13, July 5, 2024
(1) Unless the context otherwise requires, in
				this sub-chapter the meaning of the term "increase" shall include "decrease"
				and any other change or modification.
(2) No temporary rate increase shall be
				renewed or granted unless a carrier or bureau has demonstrated that the same
				should be done and is permitted by law.
(3) All rate increase tariff filings must be
				accompanied by a cover sheet setting forth the present rate, the proposed rate,
				and the percentage change for each affected item.
Sec.
					 69-12-201,
					 MCA; IMP, Title 69, chapter 12, part 5,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.34 - Minimum Filing Standards for Motor Carrier Rate Increases › Rule 38.3.3402 - REQUIREMENTS FOR INDEPENDENT CARRIER FILING

Current through Register Vol. 13, July 5, 2024
(1) Income statements and balance sheets must
				be submitted for the last calendar or fiscal year. Where possible, that year
				should run from January 1st through December 31st, or other established
				regulatory fiscal year (i.e., four 13-week periods).
(a) A pro forma income statement must be
				submitted which includes all known expense increases, along with the revenue
				derived from the current requested increase.
(b) Written verified statement explaining the
				reason(s) or need(s) for the requested increase must be supplied.
(c) Back-up data on all significant expense
				increases must be included. In the verified statement an explanation will be
				offered for each increased expense item, along with supporting documents,
				attached for easy reference (i.e., labor contracts, fuel bills,
				etc.).
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.34 - Minimum Filing Standards for Motor Carrier Rate Increases › Rule 38.3.3403 - REQUIREMENTS FOR TARIFF BUREAU FILINGS

Current through Register Vol. 13, July 5, 2024
(1)
				When submitting a bureau filing, all carrier's data must be submitted for the
				same time frame with no overlapping periods.
(a) A consolidated income statement for the
				last calendar or fiscal year must be submitted. A consolidated pro forma income
				statement must be submitted, including all known expense increases and the
				revenue to be derived from the requested increase.
(b) A verified statement must be supplied on
				a consolidated basis. Individual carrier's forms must be filed and verified and
				shall include all back-up data for significant expense increases.
(c) Bureaus will submit a listing of all
				carriers party to the affected tariff, along with the corresponding issue
				revenue for each carrier. This listing must be in descending order of issue
				revenue.
(d) The carriers
				submitting detailed information will account for at least 65 percent of the
				issue revenue.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.34 - Minimum Filing Standards for Motor Carrier Rate Increases › Rule 38.3.3404

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-12-201,
					 MCA; IMP: Title 69, chapter 12, part 5,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.34 - Minimum Filing Standards for Motor Carrier Rate Increases › Rule 38.3.3405 - SIMULTANEOUS FILING OF TARIFFS AND JUSTIFICATION - SUBSTANTIAL COMPLIANCE

Current through Register Vol. 13, July 5, 2024
(1) All justification material should be
				filed at the same time the tariffs are deposited at the commission.
(2) For good cause shown substantial
				compliance with this sub-chapter will be considered sufficient.
Sec.
					 69-12-201,
					 MCA; IMP, Title 69, chapter 12, part 5,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.36 - Rates - Special Provisions › Rule 38.3.3601 - FUEL COST SURCHARGE

Current through Register Vol. 13, July 5, 2024
(1) All intrastate
				motor carriers operating under commission approved tariffed rates or commission
				approved maximum rates may charge, in addition to such rates, a fuel cost
				surcharge as provided by this rule.
(2) The commission may grant approval for a
				surcharge upon written request by a qualifying carrier:
(a) establishing that the carrier's fuel
				costs (for like fuel purchases) have increased by more than 6 percent from the
				lowest average fuel cost in any seven consecutive day period within the
				preceding three months;
(b)
				identifying the percentage increase in fuel costs and the percentage increase
				in rates necessary to offset the increased fuel costs; and
(c) establishing that the increase is likely
				to be of duration more than two months but less than six months.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.36 - Rates - Special Provisions › Rule 38.3.3605 - TEMPORARY RATE REDUCTIONS

Current through Register Vol. 13, July 5, 2024
(1) All intrastate
				motor carriers operating under commission approved tariffed rates may apply for
				temporary rate reductions under the provisions of this rule.
(2) The commission may grant approval for a
				temporary rate reduction upon written request by a qualifying carrier:
(a) establishing that seasonal demands or
				special circumstances appear to justify the rate reduction; and
(b) establishing that the rate should be
				allowed on an experimental basis to verify these appearances.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.101 - MINIMUM FILING STANDARDS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-14-111,
					 MCA; IMP, Secs.
					 69-14-301 and
					 69-14-311,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.102 - SUBMISSION PROCEDURES AND POLICIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-14-111,
					 MCA; IMP, Secs.
					 69-14-301 and
					 69-14-311,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.103 - COST ANALYSES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-14-111,
					 MCA; IMP, Secs.
					 69-14-301 and
					 69-14-311,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.104 - OTHER SUPPORTING EXHIBITS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-14-111,
					 MCA; IMP, Secs.
					 69-14-301 and
					 69-14-311,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.105 - NOTICE PERIOD FOR FILING RAILROAD TARIFFS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP, Secs.
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.106 - CONTENT OF NOTICE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP, Secs.
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.107 - CONSEQUENCE OF DEFECTIVE NOTICE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP, Secs.
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.108 - SAVINGS PROVISION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP, Secs.
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.109 - WAIVER OF TARIFF FILING REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP, Secs.
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.110 - COMMENCEMENT OF INVESTIGATION AND SUSPENSION PROCREEDINGS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP, Secs.
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.111 - DURATION OF SUSPENSION PERIOD (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec,
					 69-2-101,
					 MCA; IMP, Secs
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.112 - GROUNDS FOR SUSPENSION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP, Secs.
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.113 - MARKET DOMINANCE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP, Secs.
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.114 - REASONABLENESS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP,
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.115 - BURDEN OF PROOF - GENERAL (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP, Secs.
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.116 - ZONE OF RATE FLEXIBILITY - INVESTIGATION THRESHOLD (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP, Secs.
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.117 - MONETARY ADJUSTMENTS FOR SUSPENSION ACTIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP, Secs.
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.118 - FILING PROCEDURES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP, Secs.
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.119 - REFUND OR COLLECTION OF FREIGHT CHARGES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP, Secs.
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;