Montana Administrative Code

38.3.1401 APPLICATION FOR CLASS E AUTHORITY ON PROOF OF BEING ENGAGED IN THE BUSINESS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 69-12-201, MCA Implementing statute(s): Secs. 69-12-315 and 69-12-423, MCA History: NEW, 1991 MAR p. 1724, Eff. 9/13/91; REP, 1993 MAR p. 2966, …

38.3.1402 APPLICATIONS FOR CLASS E AUTHORITY ON PROOF OF BEING ENGAGED IN THE BUSINESS -- DEFINITIONS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 69-12-201, MCA Implementing statute(s): Sec. 69-12-315, MCA History: NEW, 1991 MAR p. 1724, Eff. 9/13/91; REP, 1993 MAR p. 2966,…

38.3.1403 APPLICATIONS FOR CLASS E AUTHORITY ON PROOF OF BEING ENGAGED IN THE BUSINESS -- MINIMUM PROOF REQUIRED (IS HEREBY REPEALED) Authorizing statute(s): Sec. 69-12-201, MCA Implementing statute(s): Sec. 69-12-315, MCA History: NEW, 1991 MAR p. 1724, Eff. 9/13/91; REP, 1993 M…

38.3.1406 CONTRACT FOR CLASS E SERVICES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 69-12-201, MCA Implementing statute(s): Secs. 69-12-333 and 69-12-334, MCA History: NEW, 1991 MAR p. 1724, Eff. 9/13/91; REP, 1993 MAR p. 2966, Eff. 12/10/93.

38.3.1408 CONTRACT FOR CLASS E SERVICES -- REQUIRED PROVISIONS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 69-12-201, MCA Implementing statute(s): Secs. 69-12-333 and 69-12-334, MCA History: NEW, 1991 MAR p. 1724, Eff. 9/13/91; REP, 1993 MAR p. 2966, Eff. 12/10/93.

38.3.1409 CONTRACT FOR CLASS E SERVICES -- CONTINUING PERFORMANCE, MULTIPLE LOANS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 69-12-201, MCA Implementing statute(s): Secs. 69-12-333 and 69-12-334, MCA History: NEW, 1991 MAR p. 1724, Eff. 9/13/91; REP, 1993 MAR p. 2966, Eff.…

38.3.1410 CONTRACT FOR CLASS E SERVICES -- DOCUMENTATION (IS HEREBY REPEALED) Authorizing statute(s): Sec. 69-12-201, MCA Implementing statute(s): Secs. 69-12-333 and 69-12-334, MCA History: NEW, 1991 MAR p. 1724, Eff. 9/13/91; REP, 1993 MAR p. 2966, Eff. 12/10/93.

38.3.1414 CLASS E USUAL BUSINESS OPERATION (IS HEREBY REPEALED) Authorizing statute(s): Sec. 69-12-201, MCA Implementing statute(s): Sec. 69-12-315, MCA History: NEW, 1991 MAR p. 1724, Eff. 9/13/91; REP, 1993 MAR p. 2966, Eff. 12/10/93.

38.3.1415 CLASS E REGULAR BASIS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 69-12-201, MCA Implementing statute(s): Sec. 69-12-315, MCA History: NEW, 1991 MAR p. 1724, Eff. 9/13/91; REP, 1993 MAR p. 2966, Eff. 12/10/93.

38.3.1416 RETAINING CLASS E CERTIFICATE (IS HEREBY REPEALED) Authorizing statute(s): Sec. 69-12-201, MCA Implementing statute(s): Sec. 69-12-315, MCA History: NEW, 1991 MAR p. 1724, Eff. 9/13/91; REP, 1993 MAR p. 2966, Eff. 12/10/93.

38.3.1417 OTHER CIRCUMSTANCES ALLOWING RETENTION OF CLASS E CERTIFICATE (IS HEREBY REPEALED) Authorizing statute(s): Sec. 69-12-201, MCA Implementing statute(s): Sec. 69-12-315, MCA History: NEW, 1991 MAR p. 1724, Eff. 9/13/91; REP, 1993 MAR p. 2966, Eff. 12/10/93.

38.3.1418 CLASS E REPORTS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 69-12-201, MCA Implementing statute(s): Secs. 69-12-315 and 69-12-407, MCA History: NEW, 1991 MAR p. 1724, Eff. 9/13/91; REP, 1993 MAR p. 2966, Eff. 12/10/93.

38.3.1419 ADDITIONAL INFORMATION REQUIRED BY THE COMMISSION (IS HEREBY REPEALED) Authorizing statute(s): Sec. 69-12-201, MCA Implementing statute(s): Sec. 69-12-315, MCA History: NEW, 1991 MAR p. 1724, Eff. 9/13/91; REP, 1993 MAR p. 2966, Eff. 12/10/93.

38.3.1420 SHOW CAUSE ORDER (IS HEREBY REPEALED) Authorizing statute(s): Sec. 69-12-201, MCA Implementing statute(s): Sec. 69-12-315, MCA History: NEW, 1991 MAR p. 1724, Eff. 9/13/91; REP, 1993 MAR p. 2966, Eff. 12/10/93.

38.3.1501 "PROPERTY" CERTIFICATES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 69-12-201, MCA Implementing statute(s): Secs. 69-12-101, et seq. , MCA History: Eff. 12/31/72; REP, 1996 MAR p. 1568, Eff. 6/7/96.

38.3.1502 OBLIGATION TO CARRY No driver or operator of any class A motor vehicle used in the transportation of passengers shall refuse to carry any person offering himself or herself at any regular stopping place for carriage and who tenders the regular fare to any regular stoppi…

38.3.1503 SEATING CAPACITY Pursuant to the terms of 69-11-203, MCA, concerning the number of vehicles to be provided and a seat to be provided every passenger, all classA common carriers authorized to transport passengers must provide a sufficient number of vehicles for that part…

38.3.1504 DISABLED PASSENGER VEHICLE - TRANSPORTATION OF PASSENGERS In case a motor vehicle carrying passengers pursuant to a class A certificate becomes disabled while en route and is unable to proceed, any passenger or passengers on such disabled vehicle shall have the privileg…

38.3.1505 MOTOR CARRIER AUTHORITY RECOGNITION (REPEALED) Authorizing statute(s): 69-12-201, MCA Implementing statute(s): 69-12-201 History: NEW, 2010 MAR p. 2989, Eff. 12/24/10; AMD, 2015 MAR p. 1276, Eff. 8/28/15; REP, 2021 MAR p. 1556, Eff. 11/6/21.

38.3.1601 INTRASTATE MOTOR CARRIERS (IS HEREBY REPEALED) Authorizing statute(s): Title 69, chapter 11, Sec. 69-12-201, MCA Implementing statute(s): Secs. 69-12-501 et seq. , MCA History: NEW, 1983 MAR p. 1735, Eff. 11/26/83; REP, 1996 MAR p. 1568, Eff. 6/7/96.

38.3.1602 REMITTANCE OF C.O.D. COLLECTION (IS HEREBY REPEALED) Authorizing statute(s): Title 69, chapter 11, Sec. 69-12-201, MCA Implementing statute(s): Secs. 69-12-201 and 69-12-501 et seq. , MCA History: NEW, 1983 MAR p. 1735, Eff. 11/26/83; REP, 1996 MAR p. 1568, Eff. 6/7/96.…

38.3.1603 SHIPMENT RECORDS (IS HEREBY REPEALED) Authorizing statute(s): Title 69, chapter 11, Sec. 69-12-201, MCA Implementing statute(s): Secs. 69-12-501 et seq. , MCA History: NEW, 1983 MAR p. 1735, Eff. 11/26/83; REP, 1996 MAR p. 1568, Eff. 6/7/96.

38.3.1901 TRANSPORTATION OF HAZARDOUS MATERIALS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 69-12-201, MCA Implementing statute(s): Sec. 69-12-201(1) (c), MCA History: Eff. 12/31/72; AMD, 1981 MAR p. 314, Eff. 3/27/81; ALSO TRANS, to Dept. of Justice, Ch. 686, L. 1985, Eff.…

38.3.2001 LEASING OF POWER EQUIPMENT - GENERAL The requirements for the leasing of power equipment by class A and D carriers operating within the state are as contained in 69-12-611, MCA. The purpose of these leasing regulations is to ensure that the primary responsibility for th…

38.3.2002 APPROVED EQUIPMENT LEASE AGREEMENT FORM AND REQUIRED PROVISIONS Interested parties may contact the commission office for information concerning where an approved equipment lease agreement form may be obtained. In addition, any equipment lease conforming to the provision…

38.3.2003 DUTIES AND OBLIGATIONS OF LESSOR AND LESSEE UNDER EQUIPMENT LEASE The following are duties of the lessor and lessee: The lease shall be executed by the parties in three copies: One each for the lessor and lessee, and one copy to be carried in the leased equipment during…

38.3.2004 EXEMPTIONS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 69-12-201, MCA Implementing statute(s): Sec. 69-12-611, MCA History: Eff. 12/31/72; REP, 1983 MAR p. 1735, Eff. 11/26/83.

38.3.2005 STATUS OF CARRIER -- EFFECT OF LEASE OF POWER EQUIPMENT Nothing in this rule shall permit the lease of power equipment from an authorized carrier to a noncertified carrier as the same is prohibited by section 69-12-611, MCA. In this rule, the term "lease" shall mean the…

38.3.201 VEHICLE REGISTRATION FEE Class Aand 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. Authorizing statute(s): 69-12-201, MCA Implementing statut…

38.3.2011 INTERCHANGE OF POWER EQUIPMENT (REPEALED) Authorizing statute(s): 69-12-201, 69-12-204, MCA Implementing statute(s): 69-12-612, MCA History: Eff. 12/31/72; AMD, 1983 MAR p. 1736, Eff. 11/26/83; REP, 2021 MAR p. 1556, Eff. 11/6/21.

38.3.2014 LEASE OF CERTIFICATES OF OPERATING AUTHORITY- GENERAL Leasing of Montana Public Service Commission operating certificates of public convenience and necessity or certificates of compliance may be authorized as required by 69-12-326, MCA. All leases of certificates shall …

38.3.2015 COMPENSATION AND FEES All leases approved by the commission in accordance with 69-12-326, MCA, must provide that payment of all compensation and fees as provided by 69-12-421 and 69-12-423, MCA, shall be made to the commission by the lessee in his own name as lessee and…

38.3.2016 CONTINUED OBLIGATION OF OWNER A lease in no way relieves the owner or holder of the leased certificate from the laws of the state of Montana and the rules and regulations of the commission governing motor vehicle carriers. The owner shall be held responsible for all act…

38.3.202 INTERSTATE AND FOREIGN CARRIERS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 69-12-201, MCA Implementing statute(s): 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 History: Eff. 1…

38.3.203 REGISTRATION OF INTRASTATE, INTERSTATE, AND FOREIGN AUTHORITIES (IS HEREBY REPEALED) Authorizing statute(s): Secs. 69-12-201 and 69-12-204, MCA Implementing statute(s): Secs. 69-12-103, 69-12-401 and 69-12-402, MCA History: NEW, Eff. 11/5/74; AMD, 1983 MAR p. 1736, Eff. …

38.3.204 INTERSTATE COMMERCE COMMISSION RULES 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. Authorizing statute(s): Sec. 69-12-201, MC…

38.3.205 TRIP PERMITS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 69-12-201, MCA Implementing statute(s): Secs. 69-12-201 and 69-12-421, MCA History: NEW, 1988 MAR p. 276, Eff. 2/12/88; REP, 1994 MAR p. 964, Eff. 4/15/94.

38.3.2101 SALE OR TRANSFER OF CERTIFICATE OF AUTHORITY As authorized by 69-12-325, MCA, public service commission certificates may be sold or transferred. The application for sale or transfer shall be addressed to the commission, be sworn to, and contain the following information…

38.3.2102 NOTICE OF PUBLIC HEARING ON APPLICATION FOR SALE OR TRANSFER OF CERTIFICATE OF AUTHORITY If it is necessary to conduct a public hearing on an application for the sale or transfer of a motor carrier operating authority, individual notice of the public hearing will be pro…

38.3.2106 SECURITY INTEREST OR OTHER ENCUMBRANCE Any Montana public service commission operating certificate or permit can be a subject of a security interest or other encumbrance by another party with commission approval. Such security interest or encumbrance must be imposed as …