38.3.103 VICINITY, TRIBUTARY, RADIUS, BETWEEN
(1) Unless otherwise specified
the following words, terms and phrases used in the orders, certificates and
permits issued by the commission shall be given the following meanings:
(a) The words, "adjacent to," "vicinity," "immediate vicinity"
and "immediately tributary thereto" mean a distance not over ten
miles from the point designated.
(b) The words "tributary thereto" mean a distance not over 50 miles from the point designated.
(c) The word "miles" means road miles and not straight line or "air
miles," including when used in conjunction with "radius."
(d) The measure of "radius" or distance shall be by public roads and highways and not
by straight line or by "air miles." All applications must be
accompanied by maps showing distances by road or highway. The origin point of
such "radius" is deemed to be the principal federal building in the
municipality, town or community enumerated within the operating certificate.
However, in the absence of such "principal federal building," the
United States post office building of any municipality, town or community is
deemed the origin point for determining the mileage of such "radius."
In the event any "radius" arises from the geographical description of
a county, then the origin point of such radius is deemed the point of intersection
of the county line and the public highway being traversed.
(e) Unless otherwise specified, an order, certificate or permit granting authority to transport
persons or property to or from places within a specified radius of distance
tributary to a specified city, town or place does not authorize transportation
within such radius or distance, unless either the point of origin or
destination is the specified city, town or place.
word "between" in certificates authorizing common carrier regular
route service between fixed termini, includes all intermediate points unless a
specific exclusion or limitation appears in such certificates.
History: Sec. 69-12-201, MCA; IMP, Secs. 69-12-101, et seq. , MCA; Eff. 12/31/72; AMD, 1992 MAR p. 2647, Eff. 12/11/92.