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SENATE BILL NO. 408
INTRODUCED BY D. WANZENRIED
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING LAWS GOVERNING OPERATION OF TAXICABS, LIMOUSINES, AND CHARTER SERVICES; ESTABLISHING A CLASS B PASSENGER MOTOR CARRIER CERTIFICATE; ESTABLISHING PENALTIES FOR VIOLATIONS OF MOTOR CARRIER STATUTES BY CLASS B PASSENGER MOTOR CARRIERS; ESTABLISHING CERTAIN REQUIREMENTS AND RESTRICTIONS FOR CLASS B PASSENGER MOTOR CARRIERS; ESTABLISHING SIGN REQUIREMENTS FOR PRIVATE LIMOUSINES; PROHIBITING RENTAL CAR COMPANIES FROM PROVIDING CHAUFFEURS WITH MOTOR VEHICLES; ALLOWING THE PUBLIC SERVICE COMMISSION TO COLLECT CERTAIN FEES; REVISING THE CLASS B MOTOR CARRIER APPLICATION AND PROTEST PROCESSES; CLARIFYING PROVISIONS REGULATING THE ADVERTISING OF MOTOR VEHICLES FOR HIRE; EXEMPTING CLASS B PASSENGER MOTOR CARRIERS FROM CERTAIN REQUIRED REPORTS; ELIMINATING THE FEE TO PROTEST A CLASS B PASSENGER MOTOR CARRIER CERTIFICATE APPLICATION; REQUIRING THE PUBLIC SERVICE COMMISSION TO ISSUE UPDATED CERTIFICATES TO EXISTING CLASS B MOTOR CARRIERS AUTHORIZED TO CARRY PASSENGERS; AMENDING SECTIONS 69-1-114, 69-12-101, 69-12-106, 69-12-108, 69-12-210, 69-12-301, 69-12-312, 69-12-321, 69-12-407, AND 69-12-423, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Violations -- penalties for Class B passenger motor carriers. (1) A Class B passenger motor carrier subject to the provisions of this chapter, including an officer, director, employee, or agent of the motor carrier, who fails to comply with the provisions of this chapter or with a lawful order, decision, rule, direction, demand, or requirement of the commission is subject, upon conviction in a justice's court, to a fine of:
(a) $500 for a first offense;
(b) $1,500 for a second offense; and
(c) $3,000 for any subsequent offense.
(2) Each day in which a firm or a Class B passenger motor carrier operates or advertises a motor vehicle for hire in violation of the provisions of this chapter must be considered a separate offense.
(3) Multiple violations of the same provision on the same day must be considered separate offenses.
NEW SECTION. Section 2. Requirements and restrictions for Class B passenger motor carriers. (1) (a) A Class B passenger motor carrier shall perform a background check on a person applying for employment as a chauffeur before the motor carrier may hire or offer employment as a chauffeur to the person.
(b) A Class B passenger motor carrier may not hire as a chauffeur a person who has been convicted in the past 5 years:
(i) of a felony crime;
(ii) of driving under the influence of alcohol or drugs pursuant to Title 61, chapter 8, part 4; or
(iii) under any state or federal law of an offense relating to any controlled substance or dangerous drug.
(c) A Class B passenger motor carrier may not hire as a chauffeur a person who has an outstanding warrant for the person's arrest.
(2) A Class B passenger motor carrier shall perform random drug tests on all chauffeurs at least once a year and forward the results of the tests to the commission for the commission's records.
(3) A Class B passenger motor carrier shall operate in the carrier's commission-assigned radius as restricted by road miles and county.
NEW SECTION. Section 3. Sign requirements for private limousines. (1) Privately owned limousines that are not otherwise regulated by the commission under this chapter:
(a) must display "NOT FOR HIRE" in a minimum of 3-inch type on both side windows, on the rear window, and on the rear bumper;
(b) may not display contact or owner information on the vehicle; and
(c) may not transport passengers with alcoholic beverages.
(2) Violations of this section are subject to the penalties provided under [section 1].
NEW SECTION. Section 4. Rental companies prohibited from renting vehicles operated by chauffeurs. A firm that rents motor vehicles may not provide a motor vehicle with a chauffeur to carry passengers for any purpose.
Section 5. Section 69-1-114, MCA, is amended to read:
"69-1-114. Fees. (1) Each fee charged by the commission must be reasonable.
(2) Except for a fee assessed pursuant to 69-3-204(2), 69-8-421(10), 69-12-312(3), or 69-12-423(2), a fee set by the commission may not exceed $500.
(3) All fees collected by the department under 69-8-421(10) must be deposited in an account in the special revenue fund. Funds in this account must be used as provided in 69-8-421(10)."
Section 6. Section 69-12-101, MCA, is amended to read:
"69-12-101. Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:
(1) "Airport shuttle service" means for-hire transportation to or from an airport when the motor vehicle used to provide the transportation is a motor vehicle that seats up to eight passengers, including the chauffeur.
(1)(2) "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)(3) "Certificate" means the certificate of public convenience and necessity issued under this chapter.
(4) "Chauffeur" means an operator of a for-hire motor vehicle that is subject to regulation under this chapter and that is carrying passengers for a wage or gratuity.
(3)(5) "Compensation" means the charge imposed on motor carriers for the use of the highways in this state by motor carriers under 69-12-421.
(4)(6) "Corporation" means a corporation, company, association, or joint-stock association.
(7) "Firm" means an individual, company, partnership, association, or corporation.
(5)(8) "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.
(6)(9) (a) "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.
(b) The term does not include wastewater and waste tires.
(7)(10) (a) "Household goods" means any of the following:
(a)(i) 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)(ii) 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)(iii) 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.
(b) The term does not include:
(i) 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; or
(ii) 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.
(11) "Limousine" means a motor vehicle specifically designed to carry passengers with a wheelbase that has been lengthened beyond the manufacturer's original specifications, whether at the manufacturer's factory or otherwise, and that carries no more than 32 passengers. A limousine must have a gross vehicle weight, as defined in 61-1-101, of less than 26,000 pounds.
(12) "Limousine service" means prearranged, for-hire transportation provided by a hired chauffeur for exclusive use of a person or group over a nonscheduled route. Limousine service is provided by a motor vehicle other than a taxicab.
(8)(13) "Motor carrier" means a person or corporation, or its lessees, trustees, or receivers appointed by a court, that is 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.
(9)(14) "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.
(10)(15) "Person" means an individual, firm, or partnership.
(11)(16) "Public highway" means a public street, road, highway, or way in this state.
(12)(17) "Railroad" means the movement of cars on rails, regardless of the motive power used.
(13)(18) "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.
(19) (a) "Taxicab" means a light vehicle, as defined in 61-1-101, that carries no more than five passengers, including the chauffeur.
(b) A taxicab may not have interior or exterior enhancements that:
(i) extend the wheelbase of the motor vehicle from the original manufacturer's design; or
(ii) rearrange the seats in an arrangement that is different from the original manufacturer's design.
(20) "Taxicab service" means for-hire transportation provided by a taxicab on a call-and-demand basis. The passenger of the taxicab designates the destination, stops, and route. The fee for taxicab service is based on the mileage driven.
(21) "Trolley bus" means a motor vehicle that:
(a) operates on public highways; and
(b) replicates in style a tram, streetcar, or other vehicle operating on a rail system that is of a lighter weight and construction than a railway car but that is designed to resemble a railway car.
(22) "Trolley bus service" means prearranged, for-hire transportation for a group of 16 or more passengers in a vintage or replica trolley bus."
Section 7. Section 69-12-106, MCA, is amended to read:
"69-12-106. Acts indicative of status as motor carrier. Any A person or corporation maintaining a public motor vehicle stand or advertising, by a sign, symbol, or device, or vehicle, or clothing, or by advertisement in a public venue, including but not limited to television, radio, newspapers, or a telephone directory, holding forth the provision of transportation for compensation, or soliciting the transportation of persons or property for compensation among the public, or soliciting for trips for compensation or providing transportation service to the public under the guise of leasing or buy-and-sell arrangements shall must be deemed considered, prima facie, a "motor carrier" subject to this chapter. The burden of proof shall be is on such the person or corporation to disprove such the status."
Section 8. Section 69-12-108, MCA, is amended to read:
"69-12-108. Violations -- exceptions. Any Except as provided in [section 1], a motor carrier subject to the provisions of this chapter, as amended, or whenever any such the motor carrier is a corporation, any a director or officer thereof of the corporation; any a receiver, trustee, lessee, agent, or person acting for or employed by such the corporation; any person, corporation, or association or its officer, agent, or employee thereof; or any broker of property or officer, agent, or employee thereof of the broker who violates or fails to comply with or who procures, aids, or abets in the violation of any provision of this chapter, as amended, or who fails to obey, observe, or comply with any lawful order, decision, rule, direction, demand, or requirement of the commission or any part of the related provisions thereof established by the commission is:
(1) subject to a civil penalty, to be collected and deposited to in the general fund by the commission after notice and hearing, in an amount not less than $25 or more than $500 for the first offense and not less than $25 or more than $1,000 for each subsequent offense; or
(2) subject, upon conviction in a justice's court, to a fine of not less than $25 or more than $500 for the first offense and not less than $25 or more than $1,000 for each subsequent offense."
Section 9. Section 69-12-210, MCA, is amended to read:
"69-12-210. Complaints. (1) The commission has jurisdiction to conduct investigations and hear complaints to determine whether a motor carrier has violated any of the commission's rules or orders or any provision of this chapter.
(2) Following an opportunity for hearing and upon a finding that a motor carrier has violated any of the commission's rules or orders or any provision of this chapter, the commission may suspend or revoke the motor carrier's certificate of operating authority or impose any penalty provided for under [section 1] or 69-12-108."
Section 10. Section 69-12-301, MCA, is amended to read:
"69-12-301. Classification of motor carriers. (1) Motor carriers are divided into four classes to be known as:
(a) Class A motor carriers;
(b) Class B motor carriers;
(c) Class C motor carriers; and
(d) Class D motor carriers.
(2) Class A motor carriers include all motor carriers operating between fixed termini or over a regular route and under regular rates or charges, based upon either station-to-station rates or upon a mileage rate or scale.
(3) (a) Class B motor carriers include all motor carriers operating under regular rates or charges based upon either station-to-station rates or upon a mileage rate or scale and not between fixed termini or over a regular route.
(b) A Class B motor carrier that provides for-hire transportation for passengers shall apply for a Class B passenger motor carrier certificate. A Class B passenger motor carrier is subject to the provisions of 69-12-312.
(4) Class C motor carriers include all motor carriers where for which the remuneration is fixed in and the transportation service furnished under a contract, charter, agreement, or undertaking.
(5) Class D motor carriers include all motor carriers operating motor vehicles transporting garbage."
Section 11. Section 69-12-312, MCA, is amended to read:
"69-12-312. Class B motor carrier certificate. (1) (a) No A Class B motor carrier shall may not operate for the transportation of persons, and/or property, or both for hire on any a public highway in this state without first having obtained from the commission, under the provisions of this chapter, a certificate or certificates that public convenience and necessity require such the operations.
(b) If a firm seeks to provide Class B passenger motor carrier service, the firm shall apply for a separate Class B passenger motor carrier certificate for each of the following types of passenger service that the firm seeks to provide:
(i) airport shuttle service;
(ii) limousine service;
(iii) taxicab service; or
(iv) trolley bus service.
(2) A motor carrier making application for such a Class B permit certificate shall do so in writing, separately for each locality and type of service for which consideration is desired, which. The petition shall must be verified by the commission and shall must specify the following matters:
(a) the name and address of the applicant and the names and addresses of its officers, if any;
(b) the kind of transportation, whether passenger, freight, 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 freight traffic;
(c) the locality and character of operations to be conducted;
(d) a schedule of the tariff of rates desired to be charged for the transportation of freight, and/or passengers, or both;
(e) a complete and detailed description of the property proposed to be devoted to the public service;
(f) a detailed statement showing the assets and liabilities of such the applicant; and
(g) such other or additional information as that the commission may by order require.
(3) (a) Such Except as provided in subsection (3)(b), the application shall must be accompanied by a filing fee to be set by rule of the commission.
(b) An application for a Class B passenger motor carrier certificate must be accompanied by a filing fee of $1,000, which is nonrefundable."
Section 12. Section 69-12-321, MCA, is amended to read:
"69-12-321. Hearing on application for motor carrier certificate. (1) Upon the filing of an application by a Class A, Class B, Class C, or Class D motor carrier, except a Class C motor carrier authorized to operate under the terms of a contract as provided in 69-12-324, or upon the filing of a request for a transfer of authority, the commission shall give notice of the filing of the application to any interested party. The commission shall fix a time and place for a hearing on the application whenever a protest or a request for a hearing is received. The hearing must be set for a date not later than 60 days after receipt of a protest or a hearing request by the commission. Whenever no protests or hearing requests are received, the commission may act on the application without a hearing as prescribed by commission rules.
(2) A motor carrier referred to in 69-12-322, the department of transportation, the governing board or boards of any county, town, or city into or through which the route or service as proposed may extend, and any person or corporation concerned are interested parties to the proceedings and may offer testimony for or against the granting of the certificate.
(3) The contracting parties referred to in 69-12-313(4) must appear and offer testimony in support of the applicant.
(4) However, an application by a Class A, Class B, Class C, or Class D motor carrier for a certificate may be disallowed without a public hearing when it appears from the records of the commission that the route or territory sought to be served by the applicant has previously been made the basis of a public investigation and finding by the commission that public convenience and necessity do not require the proposed motor carrier service unless it is made to affirmatively appear in the application by a recital of the facts that conditions obtaining over the route or in the territory and affecting transportation facilities have materially changed since the previous public investigation and finding and that public convenience and necessity now require the motor carrier operation.
(5) The commission shall consider whether a new application for a Class B passenger motor carrier certificate would financially stress or jeopardize an existing Class B passenger motor carrier and shall prioritize the existing carrier's needs when deliberating on a new application.
(6) A Class B passenger motor carrier may protest any application for a Class B passenger motor carrier certificate.
(7) A Class B passenger motor carrier filing a protest with the commission may not be required to be represented by an attorney or to have an attorney present at a hearing."
Section 13. Section 69-12-407, MCA, is amended to read:
"69-12-407. Records and reports -- exemption. (1) All records, books, accounts, and files of every Class A, Class B, Class C, and Class D motor carrier in this state, so far as they that relate to the business of transportation conducted by the motor carrier, must at all times be subject to examination by the commission or by any authorized agent or employee of the commission. The commission shall prescribe a uniform system of accounts and uniform reports covering the operations of Class A, Class B, Class C, and Class D motor carriers, and every motor carrier authorized to operate in accordance with the provisions of this chapter shall keep its records, books, and accounts according to the uniform system, insofar as far as possible.
(2) (a) Before Except as provided in subsection (2)(b), before April 1 of each year, unless this deadline has been extended for good cause by the commission, every a motor carrier authorized to engage in business shall file with the commission a report, under oath, on a form prescribed and furnished by the commission. Those carriers filing an annual report with the interstate commerce commission shall, in addition to filing the report prescribed by the public service commission, submit to the public service commission a copy of the annual report filed with the interstate commerce commission. In addition to annual reports every a motor carrier shall prepare and file with the commission, at the time or times and in the form to be prescribed by the commission, annual reports, special reports, and statements giving to the commission information it requires in order to perform its duties under this chapter.
(b) A Class B passenger motor carrier is exempt from the requirement to file an annual report.
(3) In addition to other reporting requirements, the commission shall require the holder of a Class D motor carrier certificate to provide sufficient information to show that the carrier is entitled to possess the Class D motor carrier certificate under the requirements of 69-12-314."
Section 14. Section 69-12-423, MCA, is amended to read:
"69-12-423. Fees to be charged by commission -- no fee for protest of application for Class B passenger motor carrier certificate. (1) The public service commission may, except as otherwise provided by law, require and receive fees before filing annual reports, tariffs, schedules, applications, and supplements not provided by law to be furnished free of charge.
(2) The commission shall require and receive an additional sum to be set by the commission to pay the cost of publishing such a notice as that may be required by this chapter.
(3) This section does not require or authorize the public service commission to collect fees for the filing of annual reports, tariffs, schedules, and supplements of these which documents that relate solely to interstate commerce.
(4) The commission may not require a fee for a protest to an application for a Class B passenger motor carrier certificate received pursuant to 69-12-321."
NEW SECTION. Section 15. Codification instruction. (1) [Section 1] is intended to be codified as an integral part of Title 69, chapter 12, part 1, and the provisions of Title 69, chapter 12, part 1, apply to [section 1].
(2) [Sections 2 through 4] are intended to be codified as an integral part of Title 69, chapter 12, part 4, and the provisions of Title 69, chapter 12, part 4, apply to [sections 2 through 4].
NEW SECTION. Section 16. Effective date. [This act] is effective on passage and approval.
NEW SECTION. Section 17. Grandfather clause. The commission shall issue, without charge or application, an updated certificate or certificates to any Class B motor carrier that was authorized to carry passengers on or before [the effective date of this act].
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