38.3.3605    TEMPORARY RATE REDUCTIONS

(1) All intrastate motor carriers operating under commission approved tariffed rates may apply for temporary rate reductions under the provisions of this rule.

(2) The commission may grant approval for a temporary rate reduction upon written request by a qualifying carrier:

(a) establishing that seasonal demands or special circumstances appear to justify the rate reduction; and

(b) establishing that the rate should be allowed on an experimental basis to verify these appearances.

(3) No temporary rate shall be approved if found to be noncompensatory.

(4) The temporary rate becomes effective on the date approved by the commission and applies to all transportation after that date until expiring or being terminated by the commission.

(5) The temporary rate shall be effective for 90 days from the date of approval by the commission. After the expiration of the time permitted by this rule, if the carrier determines that temporary rates have verified the appearance that seasonal demands or special circumstances justify the reduction as being permanent, an application for a permanent rate reduction may be made.

(6) Temporary rates must be monitored by the motor carrier throughout their duration.

(7) Upon complaint by any interested person or upon the commission's own motion a temporary rate may be reviewed for accuracy and compliance with this rule in both application and implementation.

(8) As a condition to granting approval for a temporary rate, the commission may impose any lawful terms it deems necessary restricting the application of this rule.

(9) The provisions of this rule are not applicable to rates charged by contract carriers unless the contract for carriage so allows.

(10) Nothing in this rule prohibits a motor carrier from filing an application for authority to decrease rates on a permanent basis.

(11) The commission determines that temporary rates as provided herein are good cause for rate changes to be effective on less than 45 days notice, pursuant to 69-12-504 MCA.

History: Sec. 69-12-201, MCA; IMP, Secs. 69-12-501 through 69-12-511, MCA; NEW, 1992 MAR p. 2647, Eff. 12/11/92.