Montana Administrative Code

38.3.2401 TARIFFS GENERALLY Pursuant to 69-12-501 , MCA, the following rules shall govern the construction and filing of freight-rate publications and classifications with the public service commission of the state of Montana. Authorizing statute(s): Sec. 69-12-201, MCA Implement…

38.3.2402 WHO MUST FILE, INTRASTATE AND INTERSTATE Pursuant to the provisions of 69-12-501, MCA, all class A carriers must file tariffs of freight rates and charges with this commission. Carriers authorized to conduct interstate services in Montana are required to file with the c…

38.3.2403 PUBLIC INSPECTION Copy of tariffs naming rates and fares to be charged, together with rules and regulations and time schedules shall be kept open for public inspection by every class A motor carrier at its principal office, and at the terminus of each route, and at the …

38.3.2404 ASSISTANCE IN PREPARING TARIFFS AND TIME SCHEDULES Information regarding construction of freight, express, and passenger tariffs, including classifications required of class A carriers, will be furnished by the commission on application. Changes in such publications, or…

38.3.2405 TRANSMITTAL FORM LETTER - SAMPLE Tariffs, time schedules and revisions or reissues thereof, may be filed accompanied by a letter or form of transmission. All transmittals shall be on 8 x 11 bond paper. The format of transmittal letter or form shall be as follows: Corpor…

38.3.2406 APPLICATION OF I.C.C. TARIFF RULES (REPEALED) Authorizing statute(s): 69-12-201, MCA Implementing statute(s): Title 69, Chapter 12, Part 5, MCA History: Eff. 12/31/72; REP, 2015 MAR p. 1276, Eff. 8/28/15.

38.3.2501 INDIVIDUAL OR BUREAU FILING Carriers may elect either to file their own tariff or become a participating carrier in an authorized section 5(b) bureau. Tariffs may be filed with the commission by groups or bureaus. To obtain authorization to operate in intrastate commerc…

38.3.2502 NUMBER OF TARIFF COPIES TO BE FILED Carriers filing tariffs on their own behalf shall transmit to the commission the original and two copies of each tariff, supplement, revised page, classification, or other schedule of rates or regulations, original and both copies to …

38.3.2503 ADDRESS FOR TARIFFS Tariffs sent for filing must be addressed "Montana Public Service Commission, Transportation Division, 1701 Prospect Avenue, P.O. Box 202601, Helena, Montana 59620-2601." Authorizing statute(s): Sec. 69-12-201, MCA Implementing statute(s): Title 69, …

38.3.2504 FILING FEE DUE (IS HEREBY REPEALED) Authorizing statute(s): Sec. 69-12-201, MCA Implementing statute(s): Title 69, chapter 12, part 5 and Sec. 69-12-423, MCA, Eff. 12/31/72 History: REP, 1994 MAR p. 965, Eff. 4/15/94.

38.3.2505 WHO MAY FILE TARIFFS Tariffs and supplements and revisions thereto shall be filed by proper officer or duly authorized agent of the carrier. Authorizing statute(s): Sec. 69-12-201, MCA Implementing statute(s): Title 69, chapter 12, part 5, MCA, Eff. 12/31/72. History:…

38.3.2506 NOTICE OF CHANGE Section 69-12-504 , MCA, requires that all changes in rates, or in rules that affect rates, shall be filed with the commission at least 45 days before the date upon which they are to become effective unless otherwise authorized by the commission. Author…

38.3.2507 NOTICE REQUIRED AND NOTATION ON TARIFF Unless otherwise specified in the decision or order in the case, such tariff or supplement must be made effective upon statutory notice to the commission and to the public. Whether made effective on less than statutory notice under…

38.3.2508 FORM REQUIRED FOR MODIFICATION OF TARIFFS, TIME SCHEDULES - SAMPLE All revisions of tariffs and time schedules, including reissues thereof, shall be filed with this commission, as provided in ARM 38.3.2501 through 38.3.2507, provided however, that such revisions and rei…

38.3.2509 COMMISSION MAY REJECT TARIFF PUBLICATIONS Tariffs, revised pages, or supplements which are in any way determined to be in improper form, not in accordance with provisions of the Montana Motor Carrier Act, or received for filing too late to give the commission the notice…

38.3.2510 REJECTED SCHEDULES When a schedule is rejected by the commission as unlawful, the number which it bears must not be again used. Such schedules must not thereafter be referred to as cancelled, amended, or otherwise, but publication that is issued in lieu of such rejected…

38.3.2601 FORM AND SIZE All tariffs, time schedules and supplements thereto must be in book, pamphlet, or loose-leaf form of size 8 by 11 inches and must be plainly printed or typed on bond paper or other plain paper of durable quality. Xerox, mimiograph or other similar durable …

38.3.2602 TABLES OF RATES TO BE RULED AND SPACED When rates, rate basis numbers or numerals used for other purposes are shown in tables, the page shall be ruled from top to bottom. Authorizing statute(s): Sec. 69-12-201, MCA Implementing statute(s): Title 69, Chapter 12, Part 5, …

38.3.2603 CHANGES TO BE INDICATED IN TARIFF OR SUPPLEMENTS All tariff publications and supplements thereto must indicate changes to existing rates or charges, rules, regulations or practices, or classifications by use of the appropriate symbols provided in the tariff's approved s…

38.3.2604 ALTERNATE FORM FOR DELINEATING GENERAL CHANGES When a change of the same character is made in all or in substantially all rates in a tariff or supplement or a page thereof, that fact and the nature of such change may be indicated in distinctive type at the top of the ti…

38.3.2605 OMISSIONS FROM PREVIOUS TARIFFS When a tariff or supplement cancelling a previous issue omits points of origin or destination, or rates, ratings, rules or regulations, or routes which were contained in such previous issue, the new tariff or supplement shall indicate the…

38.3.2606 TITLE PAGE The title page of every tariff and supplement shall show in the order named: On the upper left-hand corner of tariffs of less than five pages and on tariffs issued in loose-leaf form the words "No supplement to this tariff will be issued except for the purpos…

38.3.2607 CONTENTS OF TARIFF Tariff shall contain in the order named: Table of contents: A full and complete statement, in alphabetical order, of the exact location where information under general headings, by subjects, will be found, specifying page or item numbers. If a tariff …

38.3.2701 PUBLICATION OF RATES - FORMAT An explicit statement of the rates, in cents or in dollars and cents, per 100 pounds, per ton, or other unit, together with the names or designation of the places from and to which they apply, are to be included, all arranged in a simple an…

38.3.2702 PROVISIONS FOR INTERMEDIATE POINTS Rates to (or from) intermediate points not named will be the rate to (or from) the next more distant point to (or from) which rates are named in tariffs or revisions thereof. Authorizing statute(s): Sec. 69-12-201, MCA Implementing sta…

38.3.2703 PROVISIONS FOR MINIMUM WEIGHTS Minimum truckload weights must be specifically stated in commodity tariffs. When mixed truckload shipments of two or more articles in the same truck are authorized, the tariff must show the minimum weight to be applied and if the articles …

38.3.2704 GROUPING OF ARTICLES UNDER GENERIC HEAD - RATES LIMITED TO ARTICLES TAKING SPECIFIC RATING NOT PERMITTED A commodity item may provide rates on a number of articles by use of a generic heading without naming such articles, provided such commodity item contains reference …

38.3.2705 LOCAL TARIFF MUST CONTAIN ALL LOCAL RATES ON SAME COMMODITIES FROM SAME POINTS OF ORIGIN 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 com…

38.3.2706 STATEMENT THAT RATES IN ONE TARIFF TAKE PRECEDENCE OVER RATES IN ANOTHER TARIFF NOT PERMITTED 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 other…

38.3.2707 COMMODITY RATES MUST BE SPECIFIC 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. Auth…

38.3.2708 COMMODITY RATE DISPLACES CLASS RATE 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 rou…

38.3.2709 ALTERNATIVE TRUCKLOAD RATES 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 co…

38.3.2710 MIXED TRUCKLOADS Commodity rates may be established on different articles for shipment in mixed truckloads and will be the applicable rate for such mixtures. Minimum truckload weights should be specified together with a statement in connection with the commodity descrip…

38.3.2711 ALTERNATIVE USE OF RATES IN SECTIONAL TARIFFS The alternative use of rates may be provided by publishing such rates in different sections of one and the same tariff. The first page of each section which shall be known as the title page of the section, shall contain the …

38.3.2712 ALTERNATION OF CLASS RATES IN ONE TARIFF WITH COMMODITY RATES IN ANOTHER TARIFF 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…

38.3.2713 TRANSFER OR RATES FROM ONE TARIFF TO ANOTHER 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…

38.3.2714 TRANSFER OF RATES FROM CARRIERS' TO AGENTS' AND FROM AGENTS' TO CARRIERS' 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 h…

38.3.2801 CANCELLATION, IN WHOLE OR IN PART, OF TARIFF HOW DONE If a tariff is cancelled with the purpose of cancelling entirely the rates named therein, or when, through error or omission, a later issue failed to cancel the previous issue and such tariff is cancelled for the pur…

38.3.2802 AMENDMENTS AND SUPPLEMENTS 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…

38.3.2803 PARTICIPATING CARRIERS - HOW SHOWN IN SUPPLEMENTS 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 …

38.3.2804 SUPPLEMENT NUMBER AND CANCELLATION 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 f…

38.3.2805 EXCEPTION TO GENERAL EFFECTIVE DATE 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 Every publication which co…

38.3.2806 REISSUED MATTER 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 da…

38.3.2807 NUMBER OF SUPPLEMENTS EFFECTIVE AT ANY TIME 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 …

38.3.2808 INDEX TO SUPPLEMENTS 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 numb…

38.3.2809 SUPPLEMENT TO TARIFF THAT IS FILED AND NOT YET EFFECTIVE 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 tar…

38.3.2901 LOOSE-LEAF TARIFF FORMAT 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 th…

38.3.2902 CHECK SHEETS 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: …

38.3.3001 SUSPENSION OF TARIFFS Upon receipt of order of suspension of any publication in its entirety the carrier or agent who filed such publication shall immediately file with the Commission a supplement, which must not bear an effective date, quoting the pertinent portions of…

38.3.301 JURISDICTIONAL POLICY 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 n…