38.3.1203    RETAINING CLASS D CERTIFICATE

(1) A motor carrier who possesses a Class D motor carrier certificate and who can show that its class D service is used by at least 20 customers per month during each month of the calendar year, or can show that its Class D service generates not less than $5,000 gross revenue per calendar year, is presumed to meet the requirements of actually engaging in the transportation of Class D materials on a regular basis as part of the motor carrier's usual business operation as those requirements are set out in Section 69-12-314 (2) , MCA, and is, therefore, further presumed to be entitled to possess a Class D motor carrier certificate. No further showing will be required from such carrier unless the Commission specifically requests additional information pursuant to ARM 38.3.1206.

(2) Failure of any Class "D" motor carrier to show either at least 20 customers per month or at least $5,000 in annual gross revenues raises no presumption either in favor of or against that carrier retaining its certificate in light of the requirements of Section 69-12-314 (2) , MCA. Rather, each such carrier will be evaluated on a case-by-case basis as set out in ARM 38.3.1204.

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.