69-12-101. Definitions. Unless the context requires otherwise, in this chapter the following definitions apply:
     (1) "Between fixed termini" or "over a regular route" means the termini or route between or over which a motor carrier usually or ordinarily operates motor vehicles, even though there may be periodical or irregular departures from the termini or route.
     (2) "Certificate" means the certificate of public convenience and necessity issued under this chapter.
     (3) "Charter service" means a service used for the transportation of passengers by a motor carrier with rates not subject to approval by the commission if:
     (a) the transportation of passengers is based on a single contract;
     (b) the contract is entered into in advance of the transportation and does not result from a spontaneous, curbside agreement;
     (c) the contract includes a single fixed charge and fares are not assessed per passenger;
     (d) the passenger or group of passengers acquires exclusive use of the motor vehicle through the contract; and
     (e) when applied to a group of passengers being transported, the group of passengers travels together to a specified destination.
     (4) "Compensation" means the charge imposed on motor carriers for the use of the highways in this state by motor carriers under 69-12-421.
     (5) "Corporation" means a corporation, company, association, or joint-stock association.
     (6) "For hire" means for remuneration of any kind, paid or promised, either directly or indirectly, or received or obtained through leasing, brokering, or buy-and-sell arrangements from which a remuneration is obtained or derived for transportation service.
     (7) "Garbage" means ashes, trash, waste, refuse, rubbish, organic or inorganic matter that is transported to a licensed transfer station, licensed landfill, licensed municipal solid waste incinerator, or licensed disposal well. The term does not include wastewater and waste tires.
     (8) "Household goods" means any of the following:
     (a) personal effects and property used or to be used in a dwelling when they are a part of the equipment or supply of the dwelling. The term does not include property moving from a factory or store unless the property is purchased by a householder for use in a dwelling and is transported at the request of the householder.
     (b) furniture, fixtures, equipment, and the property of stores, offices, museums, institutions, hospitals, or other establishments when those items are a part of the stock, equipment, or supply of the stores, offices, museums, institutions, hospitals, or other establishments. The term does not include the stock-in-trade of an establishment, whether consignor or consignee, other than used furniture and used fixtures, except when transported as incidental to moving of the establishment or a portion of the establishment from one location to another.
     (c) articles, including objects of art, displays, and exhibitions that because of their unusual nature or value, require the specialized handling and equipment usually employed in moving household goods and other similar articles.
     (9) "Motor carrier" means a person or corporation, or its lessees, trustees, or receivers appointed by a court, operating motor vehicles upon a public highway in this state for the transportation of passengers, household goods, or garbage for hire on a commercial basis, either as a common carrier or under private contract, agreement, charter, or undertaking.
     (10) "Motor vehicle" includes vehicles or machines, motor trucks, tractors, or other self-propelled vehicles used for the transportation of property or persons over the public highways of the state.
     (11) "Person" means an individual, firm, or partnership.
     (12) "Public highway" means a public street, road, highway, or way in this state.
     (13) "Railroad" means the movement of cars on rails, regardless of the motive power used.
     (14) "Recyclable" means any material diverted from the solid waste stream that can be reused in the production of heat or energy or as raw material for new products and for which markets exist.

     History: En. Sec. 1, Ch. 184, L. 1931; re-en. Sec. 3847.1, R.C.M. 1935; amd. Sec. 1, Ch. 153, L. 1943; amd. Sec. 1, Ch. 262, L. 1947; amd. Sec. 1, Ch. 204, L. 1963; amd. Sec. 1, Ch. 190, L. 1969; amd. Sec. 1, Ch. 275, L. 1971; amd. Sec. l, Ch. 168, L. 1973; amd. Sec. 1, Ch. 174, L. 1973; amd. Sec. 1, Ch. 315, L. 1974; amd. Sec. 1, Ch. 66, L. 1975; amd. Sec. 1, Ch. 139, L. 1977; R.C.M. 1947, 8-101(part); amd. Sec. 18, Ch. 43, L. 1979; amd. Sec. 1, Ch. 341, L. 1991; amd. Sec. 1, Ch. 481, L. 1991; amd. Sec. 1, Ch. 364, L. 1993; amd. Sec. 8, Ch. 358, L. 1995; amd. Sec. 1, Ch. 218, L. 2011.