38.3.503    SUPPORTING AFFIDAVITS

(1) Each application for temporary authority must be accompanied by a supporting affidavit(s) designed to establish an immediate and urgent need for service which cannot be met by existing carriers.

(2) Each such shipper's affidavit must contain a certification of its accuracy and must be signed by the person (or an authorized representative thereof) having such immediate and urgent need for motor carrier service.

(3) Any such supporting affidavit must contain at least the following information:

(a) Description of the specific commodity or commodities to be transported (where the transportation of property is involved) .

(b) Points or areas to, from, or between which such commodities or passengers are to be transported. (If service is needed to or from a territory or area, rather than a specific point or points, clearly describe such territory or area and furnish evidence of a broad need to justify the territorial grant of authority requested.)

(c) Volume of traffic involved, frequency of movement, and how transported now and in the past.

(d) How soon the service must be provided and the reasons for such time limit.

(e) How long the need for such service likely will continue, and whether the persons supporting the temporary application will support a permanent service application.

(f) Recital of the consequences if service is not made available.

(g) The circumstances which created an immediate and urgent need for the requested service.

(h) Whether efforts have been made to obtain the service from existing motor, rail, or water carriers, and the dates and results of such efforts.

(i) Names and addresses of existing carriers who have either failed or refused to provide the service, and the reasons given for any such failure or refusal.

(j) Name and address of motor carrier who will provide service and is filing application for temporary authority.

(k) If the person supporting the application has supported any prior application for permanent or temporary authority covering all or any part of the desired service, give the carrier's name, address, and motor carrier docket number, if known, and state whether such application was granted or denied and the date of such action, if known.

History: 69-12-201, MCA; IMP, 69-12-207, MCA; NEW, Eff. 2/5/74.