RLMKGPROv1.docx

IDAPA 31 - IDAHO PUBLIC UTILITIES COMMISSION
31.61.01 - MOTOR CARRIER RULES OF THE
IDAHO PUBLIC UTILITIES COMMISSION
DOCKET NO. 31-6101-9701
NOTICE OF PENDING RULES
EFFECTIVE DATE:These rules have been adopted by the Idaho Public Utilities Commission and are now pending review by the 1998 Idaho State Legislature for final adoption.  The pending rules become final and effective on April 1, 1998, unless the rules are approved, rejected, amended or modified by current resolution in accordance with Sections 67-5224 and 67-5291 of the Idaho Code.  If the pending rules are approved, amended or modified by concurrent resolution, the rules become final and effective upon adoption of the concurrent resolution or upon the date specified in the concurrent resolution.
AUTHORITY:  In compliance with Section 67-5224 of the Idaho Code, notice is hereby given that the Idaho Public Utilities Commission has adopted pending rules.  This action is authorized pursuant to Section 61-807 of the Idaho Code.
DESCRIPTIVE SUMMARY:  The following is a concise explanatory statement of reasons for adopting the pending rules and a statement of any change between the text of the proposed rules and the text of the pending rules with an explanation of the reasons for the change:
The Commission’s rulemaking eliminates existing rules pertaining to rates, routes and services provided by all motor carriers in light of the federal preemption in this area.  In addition, the rulemaking removes all rules and portions of rules pertaining to safety fitness ratings suspended by the Commission in Order No. 26896 on April 25, 1997, in light of a federal court ruling.  Finally, the rulemaking implements several “housekeeping” changes to eliminate redundancy and to streamline the Motor Carrier Rules.  The Commission received comments from the State of Idaho, Department of Law Enforcement urging the Commission to either continue in suspension the Commission’s Motor Carrier Rules pertaining to the safety fitness rating methodology or to adopt the new federal rule upon which the Commission’s rule is based as soon as the federal rule becomes final.  In General Order No. 196, the Commission declined to continue in suspension the rule pertaining to the safety fitness rating methodology but agreed that it would review the federal rule as soon as it becomes effective to determine whether to adopt that in the state of Idaho on an expedited basis.  Accord­ingly, the pending rules are being adopted as proposed.  The original text of the proposed rules was published in the Idaho Administrative Bulletin, Vol. No. 97-8 at p. 189.  
ASSISTANCE ON TECHNICAL QUESTIONS:  For assistance on technical questions concerning this pending rule, contact Brad M. Purdy, Deputy Attorney General at [phone].
DATED this    day of September 1997.
Myrna J. Walters
Commission Secretary
Idaho Public Utilities Commission
Box 83720
Boise, Idaho 83720-0074
Telephone: [phone]
Fax:            [phone]