A. A tariffed service carrier may enter into discussions with another tariffed service carrier to establish a motor carrier organization. The organization shall obtain authorization from the department before its members enter into any discussions concerning the rates contained in a statewide tariff. The department may authorize the creation of a motor carrier organization to discuss and promote industry matters, other than the rates of individual carriers, if the organization:

(1)     allows any intrastate motor carrier authorized to provide the same type of service to become a member of the organization and allows a member carrier to discuss matters before the organization and to vote upon any proposal;

(2)     does not interfere with a member carrier’s right to establish its own tariff and does not change or cancel an independently established tariff;

(3)     does not file an objection, protest or complaint with the department against a tariff item independently published by or for the account of a member carrier;

(4)     does not permit its employees or an employee committee to file or act upon a proposal effecting a change in a tariff item published by or for the account of a member carrier; and

(5)     proposes matters concerning statewide tariffs for approval by the department.

B. A member carrier of the organization shall file with the department information as the department may by rule prescribe.

C. A motor carrier organization approved by the department pursuant to this section shall be subject to accounting, recordkeeping, reporting and inspection requirements as the department may by rule prescribe.

D. The department may, upon complaint or upon its own initiative, investigate and determine whether a motor carrier organization previously authorized by it is not in conformity with the requirements of this section or with the terms and conditions upon which the motor carrier organization was granted authorization. The department may modify or terminate its authorization of a motor carrier organization found to be noncompliant with the requirements of this rule.

E. The antitrust laws of the state shall not apply to discussions concerning general industry matters, terms of service or any matters concerning a statewide tariff, including the rates contained in a statewide tariff, by member carriers of a motor carrier organization authorized by the department.