Administrative Rules of Montana
Department 38 - PUBLIC SERVICE REGULATION
Chapter 38.3 - MOTOR CARRIERS
Subchapter 38.3.27 - Tariffs - Rate Provisions
Rule 38.3.2711 - ALTERNATIVE USE OF RATES IN SECTIONAL TARIFFS
Universal Citation: MT Admin Rules 38.3.2711
Current through Register Vol. 18, September 20, 2024
(1) The alternative use of rates may be provided by publishing such rates in different sections of one and the same tariff. The first page of each section which shall be known as the title page of the section, shall contain the number of the section and, if desired, the application of the rates published in that section. The title page of each section containing alternating rates shall also contain the following rule:
(a) If the charge
accruing under section _____ or ____ of this tariff is lower than the charge
accruing under this section orgy the same shipment via the same route the
charge accruing under section ______ or ______, whichever is lower, will
apply.
(b) Each succeeding page of
the section shall also bear the section number. As far as possible the rates in
one section should be checked against those in other sections and proper
cancellations made, thereby avoiding unnecessary alternation of rates.
Alternating reference should not be given to another section unless that
section in fact contains rates which do alternate.
(c) Each commodity tariff arranged in section
for alternative use hereafter issued shall contain a nonalternating section,
and each class and commodity tariff similarly arranged for alternative use
shall contain a commodity section which alternates only with class rates in the
manner prescribed below.
(d) When a
strictly commodity tariff is issued under authority of this rule, section 1 of
the tariff shall not have alternative application with other sections, but
there shall be published in said section commodity rates which in all instances
result in charges lower than would result from the commodity rates published in
other sections of the tariff. Under the heading "Application of rates," the
following shall appear:
(i) The rates in
section 1 are specific commodity rates and do not alternate with rates in other
sections of the tariff. See application of that section.
(e) The title page of section 1 shall contain
the following notation:
(i) When rates are
published in this section on the commodity transported from point of origin to
destination, rates named in this section will apply regardless of rates between
the same points published in other sections.
(f) The title page of each other section
containing commodity rates shall contain the following notation preceding that
prescribed in the first paragraph of this section:
(i) When rates are published in section 1,
the rates named in this section on the same commodity from and to the same
points, via the same route, will not apply.
(g) When publishing both class and commodity
rates in sections of a tariff, under authority of this rule, the class rates
shall be published in a section or sections preceding the commodity sections.
Commodity rates which are lower than and do not alternate with the rates in
other commodity sections shall be published in the first commodity section and
may alternate only with rates in the class section or sections. Under the
heading of "Application of rates," the following notation shall appear:
(i) The rates in section are specific
commodity rates and do not alternate with commodity rates in other sections of
the tariff. See application of that section.
(h) The title page of the nonalternating
commodity section shall contain the following notation preceding that
prescribed in the first paragraph of this section:
(i) When rates are published in this section
on the commodity transported from point of origin to destination rates named in
this section will apply regardless of rates between the same points published
in other commodity sections.
(i) The title page of each other section
containing commodity rates shall also contain the following notation preceding
that prescribed in the first paragraph of this section:
(i) Where rates are published in section ____
(here show the number of the nonalternating section) the rates named in this
section on the same commodity from and to the same points, via the same route
will not apply.
(2) The publication of alternative rates in sections of a tariff is subject to the following restrictions:
(a) That only one alternation of class rates
against class rates, and not more than two alternations of commodity rates
against commodity rates, will be permitted;
(b) That rates published in another tariff
may not be reproduced for alternative purposes;
(c) That the one section of a tariff may not
alternate with more than three other sections; and
(d) That alternating sections may not be
subdivided and except as otherwise authorized in ARM
38.3.2710, a rate in one section
may not be alternated against a rate in the same section.
Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA;
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