Title 69, Title 69

Except as provided in 69-12-324, a Class A or Class E motor carrier may not be authorized or permitted to transport garbage within the state. This restriction does not apply to recyclables.

(1) All records, books, accounts, and files of a Class A and Class D motor carrier in this state, as they relate to the business of transportation conducted by the motor carrier, must at all times be subject to examination by the commission or by any authorized agent or employee …

(1) A person may not operate a motor vehicle or combination of vehicles having a gross weight of more than 10,000 pounds upon a public highway in this state for the transportation of passengers, household goods, or garbage for hire on a commercial basis unless the name or trade n…

A certificate may not be issued or remain in force unless the certificate holder is fit, willing, and able to perform the authorized service and conforms to the provisions of this chapter and the rules and orders of the commission.

(1) Except as provided in subsection (2), in addition to all of the licenses, fees, or taxes imposed upon motor vehicles in this state and in consideration of the use of the public highways of this state, every motor carrier shall, at the time of the issuance of a certificate and…

(1) Upon the failure of any motor carrier to pay such compensation when due, the commission may in its discretion revoke the carrier's certificate or privilege, and no carrier whose certificate or privilege is so revoked shall again be authorized to conduct such business until su…

(1) The public service commission may, except as otherwise provided by law, require and receive fees before filing annual reports, tariffs, schedules, applications, and supplements not provided by law to be furnished free of charge. (2) The commission shall require and receive an…

(1) A Class A motor carrier issued a certificate shall maintain on file with the commission, if applicable, a full and complete schedule of its rates, fares, charges, classifications, and rules of service and any and all tariff provisions relating to rates, fares, charges, classi…

It is unlawful for any Class A motor carrier to charge, demand, receive, or collect any greater or less rate, charge, or fare than that fixed by the commission for the transportation service provided. It is also unlawful for any Class A motor carrier to refund or remit, in any ma…

(1) All rates, fares, charges, classifications, or rules of service for the transportation of property and/or persons upon the public highways of this state must be fair, just, reasonable, and nondiscriminatory. No motor carrier operating under established rates shall make, give,…

(1) No motor carrier shall change or revise any rate, fare, charge, classification, or rule of service contained in its schedule without first obtaining approval therefor from the commission. Such changes or revisions shall be made by filing with the commission the tariff sheet o…

(1) Upon its own initiative or upon the complaint of any interested party filed with the commission within 20 days after the date upon which a change or revision of any rate, fare, charge, or classification is filed with the commission, the commission may suspend the operation of…

(1) Any sum or amount of money paid to any motor carrier in excess of the rates, fares, or charges established for such service by the commission may be recovered from such carrier by the person or shipper who paid the same in any action brought in the district court of the count…

(1) A person, firm, corporation, limited partnership, joint-stock association, or association is a common carrier if it engages in: (a) owning, operating, or managing any pipeline or any part of any pipeline within the state for the transportation of crude petroleum, coal, or the…

(1) It is declared that the operation of pipelines to which this chapter applies for the transportation of crude petroleum, coal, or the products of crude petroleum or coal or of carbon dioxide from a plant or facility that produces or captures carbon dioxide, in connection with …

(1) The right to lay, maintain, and operate pipelines, together with telegraph and telephone lines incidental to and designed for use only in connection with the operation of such lines, or along, across, or under any public stream or highway in this state is hereby conferred upo…

Every person, firm, corporation, limited partnership, joint-stock association, or association of any kind mentioned in this chapter that has filed with the commission its acceptance of the provisions of this chapter has the power of eminent domain. In the exercise of the power of…

(1) Any common carrier as herein defined who shall violate any provisions of this chapter or who shall fail to perform any duty herein imposed or any valid order of the commission, when not stayed or suspended by order of court, shall be subject to a penalty of not less than $100…

(1) The location of any heritage properties or paleontological remains on or beneath land, rights-of-way, or easements obtained for a common carrier pipeline is confidential and may not be disclosed by the entity owning, operating, or managing any common carrier pipeline. (2) The…

(1) The commission may establish and enforce rates of charges and regulations for gathering, transporting, loading, and delivering crude petroleum, coal, or the products of crude petroleum or coal or of carbon dioxide from a plant or facility that produces or captures carbon diox…

Until set aside or vacated by some decree or order of a court of competent jurisdiction, all orders of the commission as to any matter within its jurisdiction shall be accepted as prima facie evidence of their validity.

The commission shall have the power and authority to hear and determine complaints, to require attendance of witnesses, and to institute suits and sue out such writs and process as may be necessary for the enforcement of its orders.

(1) Common carriers of crude petroleum, coal, or the products of crude petroleum or coal or of carbon dioxide from a plant or facility that produces or captures carbon dioxide shall make and publish their tariffs under rules that may be prescribed by the commission. The commissio…

(1) Each common carrier shall exchange crude petroleum tonnage, coal tonnage, petroleum or coal products tonnage, or carbon dioxide volume with each similar common carrier. The commission may require connections and facilities for the interchange of the tonnage and volume to be m…

(1) Except as provided in subsection (2), a common carrier in its operations may not discriminate between or against shippers in regard to facilities furnished, service rendered, or rates charged under the same or similar circumstances in the transportation of crude petroleum, co…

(1) Except as provided in subsection (2), when any railroad or railway company operating its line of road in, into, or through the state moves any of its division points or terminals, it is liable to any employee of the railroad or railway company for any damage sustained by the …

A conductor, engineer, or other person in charge of the operation of cars, trains, or locomotives upon any railroad is, while engaged or employed, a public executive officer of the class of peace officers and of the grade of constable in each county in which the train, cars, or l…

A person who is under the influence, as provided in 49 CFR 383.51, of alcohol or a drug while in charge of a locomotive engine while as conductor or driver upon any railroad car or train or while acting as train dispatcher or as telegraph operator receiving or transmitting dispat…

(1) If a railroad train operator or employee of any railroad doing business in this state is injured during the operator's or employee's regular course of employment, any employee of the railroad is empowered and authorized to call upon and retain the services of the nearest prac…

(1) A person or corporation operating a railroad in this state is liable in damages to any person suffering injury while the person is employed by the person or corporation operating the railroad or, in case of the death of an employee, instantaneously or otherwise, to the employ…

(1) In accordance with the commission's authority pursuant to 69-14-111, this chapter applies to all persons, firms, or companies, incorporated or otherwise, that do business as common carriers on any of the lines of railroad in this state. (2) As used in this chapter, "railroad"…

This chapter shall not have the effect of releasing or waiving any right of action by the state or any person for any right, penalty, or forfeiture which may arise under any law of this state. All penalties accruing under this part are cumulative to each other, and a suit for or …

(1) If a railroad violates this chapter, fails or refuses to perform duties in accordance with this chapter, or fails, neglects, or refuses to act in accordance with commission requirements or orders, the railroad, upon conviction in a court of competent jurisdiction, shall be fi…

The commission shall require and receive a fee from the affected railroad to pay the cost of publishing notice as required by this chapter.

As used in this part, the following definitions apply: (1) "Buyer" means a person, corporation, association, business entity, labor organization, the state of Montana or any of its political subdivisions, or any other entity that acquires a line of railroad, by purchase, lease, o…

Thirty days prior to filing with the federal surface transportation board of an application to purchase, sell, or transfer any section of a line of railroad, the seller and buyer shall: (1) file a notice of intent and other information, as described in 69-14-1103, with the attorn…

(1) The notice of intent filed in accordance with 69-14-1102 must contain: (a) a complete and accurate description of the identities of the buyer and seller; and (b) a thorough description of the railroad line to be transferred. (2) A general description of the terms of the propo…

(1) The commission shall supervise railroads subject to the provisions of this chapter. (2) The commission may: (a) adopt or enforce regulations and orders related to railroad safety or security in accordance with 49 U.S.C. 20106; (b) bring civil action in a district court for vi…

This part may be cited as the "Railroad Vandalism Prevention Act".

The purpose of this part is to: (1) better inform the public of current widespread vandalism that takes place on railroad property and the cost of that vandalism that must ultimately be borne by shippers; (2) prevent accidents and injuries to persons who enter railroad property; …

As used in this part, the following definitions apply: (1) "Bodily injury" means: (a) a cut, abrasion, bruise, burn, or disfigurement; (b) physical pain; (c) illness; (d) impairment of the function of or loss of a bodily member, organ, or mental faculty; or (e) any other injury t…

(1) A person commits the offense of stowing away on railroad property if the person knowingly and without lawful authority or consent is on, occupies, or rides on the outside of a train or on the inside of a passenger car, locomotive, or freight car, including a boxcar, flatbed, …

(1) A person commits the offense of intentional vandalism to railroad property if the person knowingly or purposely vandalizes railroad property. (2) A person convicted of intentional vandalism to railroad property must be ordered to make restitution to the railroad carrier in th…

(1) A person commits the offense of theft of railroad freight if the person takes railroad freight by theft, as established in 45-6-301(1). (2) A person commits the offense of receiving stolen railroad freight if the person obtains stolen railroad freight by theft, as established…

(1) Except as provided in subsection (2), no railway company operating trains within this state shall permit any locomotives or cars to cross the tracks of any other railroad, at grade, without coming to a full stop immediately before crossing. (2) (a) If any railway company or c…

(1) It shall be the duty of every corporation, company, or person owning or operating any railroad or branch thereof in this state and of any corporation, company, or person constructing any railroad in this state, within 3 months after the completion of the same through any coun…