69-12-205. Rules to reflect differences between carrier classes. (1) Except as provided in subsection (3), rules related to schedules, service, tariffs, rates, facilities, accounts, and reports must recognize the differences between types of Class A, Class B, Class C, Class D, and Class E motor carriers, as defined in this chapter, and must be just, fair, and reasonable to the classes and types of motor carriers in relation to each other and to the public.
     (2) (a) In establishing the tariff or rates to be charged by Class A and Class B motor carriers for the carrying of persons, the commission shall take into consideration the kind and character of service to be performed.
     (b) In establishing the tariff or rates to be charged by Class A and Class B motor carriers for the carrying of property or persons and property, the commission shall take into consideration the public necessity of the service, the kind and character of service to be performed, and the effect of the tariff and rates on other transportation agencies, if any. The commission shall, as far as possible, avoid detrimental or unreasonable competition with existing railroad service or service furnished by a motor carrier.
     (3) Except as provided in 69-12-341, a Class E motor carrier is not subject to commission rules related to schedules, tariffs, or rates.

     History: En. Sec. 3, Ch. 184, L. 1931; re-en. Sec. 3847.2, R.C.M. 1935; amd. Sec. 1, Ch. 205, L. 1963; amd. Sec. 1, Ch. 182, L. 1971; amd. Sec. 20, Ch. 315, L. 1974; R.C.M. 1947, 8-103(c); amd. Sec. 1, Ch. 352, L. 1979; amd. Sec. 4, Ch. 481, L. 1991; amd. Sec. 4, Ch. 364, L. 1993; amd. Sec. 10, Ch. 456, L. 2015.