Montana Administrative Code

38.3.3301 PERIODICAL TARIFFS 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 . Supp…

38.3.3302 ADOPTION OF TARIFFS UPON SALE AND TRANSFER OR LEASE 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 a…

38.3.3303 EXISTING TARIFFS 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, o…

38.3.3304 POWERS OF ATTORNEY, CONCURRENCE, REVOCATION (REPEALED) Authorizing statute(s): 69-12-201, MCA Implementing statute(s): Title 69, Chapter 12, Part 5, MCA History: Eff. 12/31/72; REP, 2015 MAR p. 1276, Eff. 8/28/15.

38.3.3305 DISPLAY OF RATES - TAXIS (REPEALED) Authorizing statute(s): 69-12-201, MCA Implementing statute(s): Title 69, Chapter 12, Part 5, MCA History: Eff. 12/31/72; REP, 2021 MAR p. 1556, Eff. 11/6/21.

38.3.3306 AGGREGATE AND INTERMEDIATE RATES VS. THROUGH RATES 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 t…

38.3.3316 WAIVER 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. Authorizing statute(s): Sec. 69-12-201, MCA Implementing statute(s): Title 69, Chapter 12, Par…

38.3.3401 COMPARISON OF PRESENT AND PROPOSED RATES-- DEFINITION, PERMANENCE Unless the context otherwise requires, in this sub-chapter the meaning of the term "increase" shall include "decrease" and any other change or modification. No temporary rate increase shall be renewed or …

38.3.3402 REQUIREMENTS FOR INDEPENDENT CARRIER FILING 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 …

38.3.3403 REQUIREMENTS FOR TARIFF BUREAU FILINGS When submitting a bureau filing, all carrier's data must be submitted for the same time frame with no overlapping periods. A consolidated income statement for the last calendar or fiscal year must be submitted. A consolidated pro f…

38.3.3404 ADDITIONAL REQUIREMENT FOR CARRIERS THAT FILE WITH THE I.C.C. (REPEALED) Authorizing statute(s): 69-12-201, MCA Implementing statute(s): Title 69, chapter 12, part 5, MCA History: NEW, 1978 MAR p. 1733, Eff. 12/29/78; REP, 2015 MAR p. 1276, Eff. 8/28/15.

38.3.3405 SIMULTANEOUS FILING OF TARIFFS AND JUSTIFICATION - SUBSTANTIAL COMPLIANCE All justification material should be filed at the same time the tariffs are deposited at the commission. For good cause shown substantial compliance with this sub-chapter will be considered suffic…

38.3.3601 FUEL COST SURCHARGE 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. The commission may grant approval for a surch…

38.3.3605 TEMPORARY RATE REDUCTIONS All intrastate motor carriers operating under commission approved tariffed rates may apply for temporary rate reductions under the provisions of this rule. The commission may grant approval for a temporary rate reduction upon written request by…

38.3.401 COMPLETION OF APPLICATIONS Applications for operating authority shall be in conformity with the requirements of the Montana Motor Carrier Act. Application forms for operating authority must be submitted on a form supplied by this commission. The application form must be …

38.3.402 APPLICATION AND PROTEST FEES Every application for operating authority and every protest to application for operating authority must be accompanied by the appropriate filing fee: The application fee for a certificate of public convenience and necessity or for a certifica…

38.3.403 POSSESSION OF CERTIFICATES AND PERMIT 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. Auth…

38.3.404 NOTICE OF PUBLIC HEARING ON APPLICATION FOR OPERATING AUTHORITY 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 a…

38.3.405 COMPLETION OF PROTEST TO APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Persons protesting an application for a certificate of public convenience and necessity must include in the protest: a statement that the application is being protested in whole or i…

38.3.406 COMPLETION OF PROTEST TO APPLICATION FOR CERTIFICATE OF COMPLIANCE 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 requi…

38.3.501 STATUTORY AUTHORITY (REPEALED) Authorizing statute(s): 69-12-201, MCA Implementing statute(s): 69-12-207, MCA History: NEW, Eff. 2/5/74; REP, 2015 MAR p. 1276, Eff. 8/28/15.

38.3.502 APPLICATIONS FOR TEMPORARY OPERATING AUTHORITY All temporary operating authority applications shall be in writing and filed with this commission at its offices in Helena, Montana. Any application for temporary operating authority must be filed in conjunction with an appl…

38.3.503 SUPPORTING AFFIDAVITS 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. Each such shipper's affidavit must contain a certifica…

38.3.504 NOTICE TO INTERESTED PERSONS Notice of the filing of temporary authority applications shall be given by U.S. mail or in person to all persons the commission, in its opinion, believes would be interested. No notice is required prior to initially granting temporary authori…

38.3.505 FILING OF PROTESTS 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 ori…

38.3.506 GENERAL COMPLIANCE WITH MONTANA LAW 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 thereunde…

38.3.601 OPERATION UPON GRANTING OF CERTIFICATE 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 or…

38.3.602 OPERATION AFTER SALE OR TRANSFER OF CERTIFICATE 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, assignmen…

38.3.603 INTERRUPTION AND DISCONTINUANCE OF OPERATIONS 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…

38.3.701 EVIDENCE OF INSURANCE REQUIRED 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 m…

38.3.702 BODILY INJURY AND PROPERTY DAMAGE LIABILITY INSURANCE 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 insur…

38.3.703 CARGO INSURANCE 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. Authorizing statute(s): 69-12-201, MCA Implementing statute(s): 69-12-402, MC…

38.3.704 AUTHORIZED INSURANCE COMPANIES AND CERTIFICATES OF INSURANCE 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 insuran…

38.3.705 FORMS FOR CERTIFICATE OF INSURANCE The following forms shall be utilized by the department and may be obtained from the commission: Form K. Uniform notice of cancellation of motor carrier insurance policies, stock form K. Form H. Uniform motor carrier cargo certificate o…

38.3.706 ENDORSEMENTS 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 "Endorsemen…

38.3.707 MINIMUM LIMITS OF INSURANCE COVERAGE - BONDS UNACCEPTABLE 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. Minimum limits of insurance coverage for class E carriers are s…

38.3.708 SELF-INSURANCE An application for self-insurance shall be in writing and duly verified by the motor carrier making same. The application shall set forth a detailed statement of the financial assets and liabilities of the applicant and contain an express agreement on the …

38.3.709 ANNUAL FINANCIAL REPORTS REQUIRED FOR SELF-INSURANCE 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…

38.3.712 COMMERCIAL TOW TRUCK FIRMS -- PROOF OF REQUIRED INSURANCE (REPEALED) Authorizing statute(s): 69-12-201, MCA Implementing statute(s): 61-8-905, 61-8-906, 69-12-102(2), 69-12-402, MCA History: NEW, 1995 MAR p. 1422, Eff. 7/28/95; REP, 2011 MAR p. 2420, Eff. 1/1/12.

38.3.801 FEES Fees due the commission are as contained in Title 38, chapter 3 of the Administrative Rules of Montana. 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 cert…

38.3.805 ANNUAL REPORTS 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. The annual report form represents the…

38.3.902 DEFINITIONS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 69-12-201, MCA Implementing statute(s): Sec. 69-12-201, MCA History: NEW, 1995 MAR p. 37, Eff. 1/13/95; REP, 1996 MAR p. 1568, Eff. 6/7/96.

38.3.904 INSURANCE (IS HEREBY REPEALED) Authorizing statute(s): Sec. 69-12-201, MCA Implementing statute(s): Sec. 69-12-402, MCA History: NEW, 1995 MAR p. 37, Eff. 1/13/95; REP, 1996 MAR p. 1568, Eff. 6/7/96.

38.3.906 SELF-INSURANCE (IS HEREBY REPEALED) Authorizing statute(s): Sec. 69-12-201, MCA Implementing statute(s): Sec. 69-12-402, MCA History: NEW, 1995 MAR p. 37, Eff. 1/13/95; REP, 1996 MAR p. 1568, Eff. 6/7/96.

38.3.908 ANNUAL PER VEHICLE REGISTRATION (IS HEREBY REPEALED) Authorizing statute(s): Sec. 69-12-201, MCA Implementing statute(s): Sec. 69-12-421, MCA History: NEW, 1995 MAR p. 37, Eff. 1/13/95; REP, 1996 MAR p. 1568, Eff. 6/7/96.

38.3.910 CARRIER INSURANCE REGISTRATION (IS HEREBY REPEALED) Authorizing statute(s): Sec. 69-12-201, MCA Implementing statute(s): Secs. 69-12-201, 69-12-402 and 69-12-421, MCA History: NEW, 1995 MAR p. 37, Eff. 1/13/95; REP, 1996 MAR p. 1568, Eff. 6/7/96.

38.3.911 APPLICATION FOR CARRIER INSURANCE REGISTRATION (IS HEREBY REPEALED) Authorizing statute(s): Sec. 69-12-201, MCA Implementing statute(s): Secs. 69-12-201, 69-12-402 and 69-12-421, MCA History: NEW, 1995 MAR p. 37, Eff. 1/13/95; REP, 1996 MAR p. 1568, Eff. 6/7/96.

38.3.912 CARRIER INSURANCE REGISTRATION FOR EXISTING MOTOR CARRIERS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 69-12-201, MCA Implementing statute(s): Secs. 69-12-201, 69-12-402 and 69-12-421, MCA History: NEW, 1995 MAR p. 37, Eff. 1/13/95; REP, 1996 MAR p. 1568, Eff. 6/7/…

38.3.914 MAINTENANCE OF CARRIER INSURANCE REGISTRATION (IS HEREBY REPEALED) Authorizing statute(s): Sec. 69-12-201, MCA Implementing statute(s): Sec. 69-12-201, MCA History: NEW, 1995 MAR p. 37, Eff. 1/13/95; REP, 1996 MAR p. 1568, Eff. 6/7/96.

38.3.915 RENEWAL OF CARRIER INSURANCE REGISTRATION (IS HEREBY REPEALED) Authorizing statute(s): Sec. 69-12-201, MCA Implementing statute(s): Sec. 69-12-201, MCA History: NEW, 1995 MAR p. 37, Eff. 1/13/95; REP, 1996 MAR p. 1568, Eff. 6/7/96.