2021 Montana Legislature
_____________ bill NO. _____________
INTRODUCED
BY _________________________________________________
By Request of the ****
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING MOTOR CARRIER RATE REGULATION; revising class b motor carrier application requirements; AMENDING SECTIONS 69-12-201, 69-12-312, 69-12-501, AND 69-12-502, MCA; and PROVIDING AN IMMEDIATE EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 69-12-201, MCA, is amended to read:
"69-12-201. Supervision and regulation of motor carriers. (1) The commission has the power and authority and it is its duty to:
(a) supervise and regulate every motor carrier in this state;
(b) fix, alter, regulate, and determine specific, just, reasonable, equal, nondiscriminatory, and sufficient rates, fares, charges, and classifications for Class A and Class B motor carriers;
(c) regulate the properties, facilities, operations, accounts, service, practices, and affairs of all motor carriers;
(d) require the filing of annual and other reports, tariffs, schedules, or other data by motor carriers;
(e) supervise and regulate motor carriers in all matters affecting the relationship between motor carriers and the traveling and shipping public.
(2) The commission may, by general order or otherwise, prescribe rules in conformity with this chapter and applicable to any and all motor carriers.
(3) The commission may fix and determine reasonable maximum or minimum rates for the operations of any Class C motor carrier when rates are required for the best interests of public transportation."
Section 2. Section 69-12-312, MCA, is amended to read:
"69-12-312. Class B motor carrier certificate. (1) (a) A Class B motor carrier may not transport persons for hire on any public highway in this state without obtaining, pursuant to this chapter, a certificate of compliance.
(b) A Class B motor carrier may not transport property or persons and property for hire on any public highway in this state without obtaining, pursuant to this chapter, a certificate of public convenience and necessity.
(2) A Class B motor carrier shall apply for a certificate in writing, separately for each locality under consideration. The application must be verified by the applicant and specify the following:
(a) the name and address of the applicant and its officers, if any;
(b) the kind of transportation, whether passenger, household goods, or both, together with a full and complete description of the character of the vehicle or vehicles to be used, including the seating capacity of any vehicle to be used for passenger traffic and the tonnage capacity of any vehicle to be used in household goods traffic;
(c) the locality and character of operations to be conducted;
(d) a proposed schedule of the tariff or rates to be charged for the transportation of passengers, household goods, or both;
(e)(d) a complete and detailed description of the property proposed to be devoted to the public service;
(f)(e) a detailed statement showing the assets and liabilities of the applicant; and
(g)(f) other information required by the commission.
(3) The application must be accompanied by a filing fee to be set by rule of the commission."
Section 3. Section 69-12-501, MCA, is amended to read:
"69-12-501. Rate schedules to be maintained. (1) A Class A or B 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, classifications, or rules. A schedule on file and approved on March 7, 1961, remains in full force and effect until changed or modified by the commission or by the carrier with the approval of the commission.
(2) A change, modification, alteration, increase, or decrease in any rate, fare, charge, classification, or rule of service may not be made by a motor carrier without first obtaining the approval of the commission. The commission shall prescribe rules providing for the form and style of all schedules and tariffs and for the procedures to be followed in filing or publishing any changes or modifications of schedules and tariffs."
Section 4. Section 69-12-502, MCA, is amended to read:
"69-12-502. Prohibition on deviation from rate schedules. It shall be is unlawful for any Class A or B 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. When maximum or minimum rates have been established for any service provided by any Class C motor carrier, it shall likewise be unlawful for such the carrier to charge, demand, receive, or collect any greater compensation or rate than that established for the service by any applicable maximum rate or any less compensation or rate than that established by any applicable minimum rate. It also shall also be unlawful for any Class A or B motor carrier or any Class C motor carrier subject to maximum or minimum rates to refund or remit, in any manner or by any device, any portion of the rates, fares, and charges required to be collected under the schedule of the Class A or B carrier on file with the commission or under the maximum or minimum rates established by the commission for the Class C carrier."
NEW SECTION. Section 5. Effective date. [This act] is effective on passage and approval.