38.3.1204    OTHER CIRCUMSTANCES ALLOWING RETENTION OF CLASS D CERTIFICATE

(1) A motor carrier who possesses a Class D motor carrier certificate but who because of seasonal operations or other circumstances cannot meet either of the conditions stated in ARM 38.3.1203(1) , must submit to the Commission a signed and verified statement describing in detail those circumstances which lead the carrier to believe that it should be allowed to retain its Class D certificate consistent with the requirements of Section 69-12-314 (2) , MCA.

(2) Upon receipt of such a statement, the Commission will evaluate the circumstances described therein together with any other information it feels would be revealing and will make a determination as to whether the carrier is entitled to possess a Class D certificate pursuant to Section 69-12-314 (2) , MCA, based upon the criteria set out in ARM 38.3.1201 and 38.3.1202.

History: Sec. 69-12-201, MCA; IMP, Secs. 69-12-314 and 69-12-407, MCA; NEW, 1980 MAR p. 1717, Eff. 6/27/80.