Montana Administrative Code

38.4.402 EXEMPTIONS When the overhead or side clearances between a track and any building, structure or facility are less than the minimum prescribed in these regulations but where created prior to October 27, 1978, the minimum clearances prescribed herein shall be provided whene…

38.4.403 DEFINITIONS "Overhead clearance" is that distance measured along a line which is perpendicular to and joins a horizontal plane passing through the top of the highest rail and the lowest point of the overhead structure or obstruction. "Side clearance" is the shortest dist…

38.4.404 OVERHEAD CLEARANCE IN GENERAL Overhead clearance in general is required to be at least twenty-two (22) feet six (6) inches. Authorizing statute(s): Sec. 69-14-116, MCA Implementing statute(s): Sec. 69-14-116, MCA History: NEW, 1978 MAR p. 1485, Eff. 10/27/78.

38.4.405 OVERHEAD CLEARANCE IN BUILDINGS The overhead clearance inside of entirely enclosed buildings may be reduced to eighteen (18) feet, provided that this clearance shall apply only to tracks terminating within the building, and further provided, that when an overhead clearan…

38.4.406 OVERHEAD CLEARANCE IN TUNNELS AND BRIDGES Minimum overhead clearance in tunnels and through bridges may be decreased to the extent defined by the half-circumference of a circle having a radius of eight (8) feet and tangent to a horizontal line twenty-two (22) feet six (6…

38.4.407 OVERHEAD CLEARANCE -- ALL OTHER STRUCTURES Minimum overhead clearance as prescribed in ARM 38.4.404 may be decreased to the extent defined by the half-circumference of a circle having a radius of eight (8) feet six (6) inches and tangent to a horizontal line twenty-two (…

38.4.408 OVERHEAD CLEARANCE OF WIRES All wires in general shall have a minimum vertical clearance of not less than that specified by the National Electrical Safety Codes as published by the U.S. Department of Commerce, National Bureau of Standards, or any revisions or amendments …

38.4.409 SIDE CLEARANCES IN GENERAL Side clearance in general is required to be at least eight (8) feet six (6) inches. To further reduce operational hazards, it is recommended that, wherever practicable, all posts, pipes, warning signs and other small obstructions be given a sid…

38.4.410 SIDE CLEARANCE AT PLATFORMS Platforms eight (8) inches or less above top rail require at least four (4) feet eight (8) inches clearance. Platforms four (4) feet or less above top rail require at least five (5) feet nine (9) inches or seven (7) feet three (3) inches clear…

38.4.411 SIDE CLEARANCE -- BRIDGES AND TUNNELS The minimum side clearance for bridges and tunnels is eight (8) feet. For required clearance of upper section of bridges and tunnels see ARM 38.4.406. Side clearance in through bridges and tunnels may be decreased to the extent defin…

38.4.412 SIDE CLEARANCE -- MATERIAL OR MERCHANDISE No merchandise, material or other articles shall be placed or stored on ground or platforms adjacent to any track at a distance less than eight (8) feet six (6) inches from the centerline of track, except in cases of maintenance …

38.4.413 SIDE CLEARANCE -- MISCELLANEOUS Cattle guards and cattle chutes (see ARM 38.4.411 (4) and (5) .) Hand rails on bridges and trestles (see ARM 38.4.411(4) .) Switch boxes, switch operating mechanism necessary for the control and operation of signals and interlockers projec…

38.4.414 SIDE CLEARANCES ON CURVED TRACK Side clearances on all structures adjacent to curved track shall be increased as necessary to give the equivalent of tangent track clearances. Authorizing statute(s): Sec. 69-14-116, MCA Implementing statute(s): Sec. 69-14-116, MCA History…

38.4.415 TRACK CLEARANCE The minimum distance between the centerlines of parallel standard gauge railroad tracks, which are used or proposed to be used for transporting cars, engines, motors or like equipment, shall be fourteen (14) feet, except as hereinafter prescribed. The cen…

38.4.416 MARKING OF CARS OF EXCESS SIZE Each car of a height exceeding fifteen (15) feet six (6) inches from top of rail to top of running board, the movement of which is hereby authorized, shall be marked, stenciled or placarded, and such markings maintained in a legible conditi…

38.4.417 OPERATION OF EXCESS DIMENSION LOADS Each open top car containing lading of a height exceeding fifteen (15) feet six (6) inches above top of rail, or which extends laterally more than five (5) feet five (5) inches from the centerline of the car, the movement of which is h…

38.4.501 DEFINITIONS The words and phrases used herein shall be construed as follows, unless the context shall otherwise require; The term "localized facilities," when used herein, shall mean those facilities of sanitation or shelter for the welfare and health of railroad employe…

38.4.502 LOCALIZED FACILITIES Adequate localized facilities, as defined in ARM 38.4.501(1) (a) hereof, consisting, as in each location may be necessary, of the following facilities, installed and maintained as specified, shall be furnished by all railroad companies under the juri…

38.4.503 RUNNING FACILITIES Cabooses and locomotives used in road service must be provided with toilet facilities, toilets to be of retention type, where a locomotive consists of one or more road diesel units, the lead unit shall be equipped with toilet facilities. All new road d…

38.4.504 CROSSING WATCHMEN FACILITIES Adequate shelter shall be furnished for crossing watchmen, and said shelter shall be properly sealed and heated. If, in the judgment of the Commission, it is practical, toilet and washing facilities will be furnished as the commission may req…

38.4.505 CAMP FACILITIES When employees are furnished meals in camp cars, as hereinbefore defined, adequate sanitary facilities and space shall be provided. Where cars, other than passenger coaches, are furnished for sleeping quarters, each occupant of said car shall have a minim…

38.4.506 TOOL HOUSE OR SHELTER FACILITIES Adequate shelter facilities, located in tool houses or other suitable buildings, consisting, as in the individual case may be necessary, of the following appliances, installed and maintained as specified, shall be furnished by all railroa…

38.4.507 CONSTRUCTION AND MAINTENANCE OF OUTSIDE TOILETS The installation and maintenance of outside toilet facilities for use by employees coming under the provisions of 69-14-116 , MCA, will be permitted in those situations where it is found otherwise impractical to install ins…

38.4.508 EXISTING SHELTERS AND SANITARY FACILITIES Any shelter and sanitary facilities which have been constructed and are presently being maintained in accordance with an agreement heretofore entered into between the parties in interest, shall be deemed a complete compliance wit…

38.4.509 APPLICATION FOR RELIEF FROM ENFORCEMENT Any railroad company being of the opinion that the application or enforcement of this order, or any part thereof, at any particular place, will be unjust or unreasonable, may apply to the commission for relief therefrom, and the co…

38.4.510 REASONABLE TIME TO COMPLY UPON DETERMINATION OF INADEQUATE FACILITIES In the absence of specific complaint, present facilities shall be deemed adequate. In the event of a complaint filed hereafter in respect of such facilities, and the commission shall find, after notice…

38.4.511 PETITION TO COMMISSION UPON FAILURE TO COMPLY If a complaint within the purview of these rules is not satisfactorily adjusted after a period of thirty (30) days following the written notice thereof to the division superintendent by an authorized member of a legislative c…

38.4.512 COMMISSION SHALL HAVE AUTHORITY TO INTERPRET RULES In the event of any dispute or disagreement between any employee and any employer as to the intent, meaning and interpretation of any or all of the rules hereinabove set forth, the commission reserves unto itself the rig…

38.4.601 WRECKS AND ACCIDENTS All railroad companies operating in the state of Montana are required pursuant to the provisions of section 69-14-252 , MCA, and the commission's minute entry of April 4, 1945 thereunder, to report to the public service commission, by wire, within 24…

38.4.701 RAILROAD APPLICATION AND PETITION FEES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 69-14-111, MCA Implementing statute(s): Sec. 69-14-111, MCA History: NEW, 1984 MAR p. 1129, Eff. 8/17/84; REP, 2000 MAR p. 1668, Eff. 6/30/00.

38.4.702 ANNUAL REPORTS AND FEES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 69-14-111, MCA Implementing statute(s): Sec. 69-14-251, MCA History: NEW, 1984 MAR p. 1129, Eff. 8/17/84; REP, 2000 MAR p. 1668, Eff. 6/30/00.

38.4.801 GENERAL PROVISIONS FOR TELEMETRY DEVICES (REPEALED) Authorizing statute(s): 69-14-116, MCA Implementing statute(s): 69-14-116, MCA History: NEW, 1991 MAR p. 1843, Eff. 10/1/91; REP, 1993 MAR p. 3041, Eff. 12/24/93.

38.4.802 REAR-END TELEMETRY SYSTEM (REPEALED) Authorizing statute(s): 69-14-116, MCA Implementing statute(s): 69-14-116, MCA History: NEW, 1991 MAR p. 1843, Eff. 10/1/91; REP, 1993 MAR p. 3041, Eff. 12/24/93.

38.4.803 MOUNTAIN GRADE TERRITORY (REPEALED) Authorizing statute(s): 69-14-116, MCA Implementing statute(s): 69-14-116, MCA History: NEW, 1991 MAR p. 1843, Eff. 10/1/91; REP, 1993 MAR p. 3041, Eff. 12/24/93.

38.4.804 REPORTING AND FILING REQUIREMENTS (REPEALED) Authorizing statute(s): 69-14-116, MCA Implementing statute(s): 69-14-116, MCA History: NEW, 1991 MAR p. 1843, Eff. 10/1/91; REP, 1993 MAR p. 3041, Eff. 12/24/93.

38.4.805 NO DISCIPLINARY ACTION FOR REPORTING VIOLATIONS (REPEALED) Authorizing statute(s): 69-14-116, MCA Implementing statute(s): 69-14-116, MCA History: NEW, 1991 MAR p. 1843, Eff. 10/1/91; REP, 1993 MAR p. 3041, Eff. 12/24/93.

38.4.806 ENFORCEMENT AND PENALTIES (REPEALED) Authorizing statute(s): 69-14-116, MCA Implementing statute(s): 69-14-116, MCA History: NEW, 1991 MAR p. 1843, Eff. 10/1/91; REP, 1993 MAR p. 3041, Eff. 12/24/93.

38.5.1001 RATES, CHARGES, AND SERVICE REQUIREMENTS OF PUBLIC UTILITIES Rates, charges and service requirements of each public utility under the jurisdiction of the commission ( 69-3-101 , MCA and following) are contained within the tariffs and files of each public utility as file…

38.5.1002 UNDERGROUNDING OF ELECTRIC DISTRIBUTION LINES IN NEW SUBDIVISIONS Section 69-4-102 , MCA, requires a public utility furnishing electricity to install underground distribution lines in new subdivisions of five or more consumer units when undergrounding is technically and…

38.5.101 LETTER OF TRANSMITTAL The letter of an electric, natural gas, or private water utility transmitting a rate schedule or a part thereof to the commission for filing, to supersede, supplement or otherwise change the provisions of a rate schedule required to be on file, shal…

38.5.1010 INCORPORATION BY REFERENCE OF NATIONAL ELECTRICAL SAFETY CODE Pursuant to 69-4-201, MCA, the commission is empowered to implement and enforce construction standards for utility lines and facilities and for that purpose the commission adopts and incorporates by reference…

38.5.102 APPLICATIONS FOR RATE INCREASES Applications for rate increases exceeding one hundred thousand dollars annually shall include the cost of service to be supplied and shall include the additional material required in ARM 38.5.103 to 38.5.175 and 38.5.179 to 38.5.183, inclu…

38.5.103 COMPARISON OF SALES, SERVICES AND REVENUES The application for a rate increase shall include a statement comparing sales and services and the revenues therefrom under the rate schedules proposed to be superseded or supplemented and the proposed changed rate schedules. Su…

38.5.104 COMPARISON OF RATES A billing comparison of the proposed rates with present rates of the filing public utility for similar sales or services shall be included in the application for a rate increase. Authorizing statute(s): Sec. 69-3-103, MCA Implementing statute(s): Sec.…

38.5.105 COST OF SERVICE UNDER THE NEW RATES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 69-3-103, MCA Implementing statute(s): Sec. 69-2-101, MCA History: NEW, Eff. 7/5/77; REP, 1993 MAR p. 1669, Eff. 7/30/93.

38.5.106 ANALYSIS OF SYSTEM COSTS FOR A TWELVE MONTH HISTORICAL TEST YEAR The statement of the cost of service shall contain an analysis of system costs as reflected on the filing utility's books for a test period consisting of 12 months actual experience ending no earlier than 9…

38.5.107 REFERENCE DATA TO BE PROVIDED If any of the data required by ARM 38.5.106 is submitted by reference, copies of such data shall be provided to the commission within 15 working days from receipt of any written request for such data made by the commission staff or an interv…

38.5.108 OTHER DATA RELIED ON If the public utility has relied on data other than those in Statements A through N (see ARM 38.5.121 through 38.5.180) in support of its rate increase, such other data, appropriately identified and designated as such and separately stated, shall be …

38.5.109 WORKING PAPERS TO BE FILED In the statements described in ARM 38.5.121 to 38.5.180, inclusive, certain items are designated as "working papers." Three sets of such working papers are to be filed at the time the Statements A through N are filed with the commission whether…

38.5.110 NARUC OR FPC UNIFORM SYSTEM OF ACCOUNTS TO BE GENERALLY FOLLOWED All statements and schedules shall be prepared in accordance with general classifications set forth in the NARUC or FPC Uniform Systems of Accounts for the respective types of public utilities, provided tha…