The following definitions shall apply throughout this chapter.

(1) "Calendar quarter" means a period of three consecutive months ending March 31, June 30, September 30, or December 31.

(2) "Commercial use" means vehicles registered to a business, company, co-op, or corporation which are used in these businesses or a vehicle used in commerce.

(3) "Daylight hours" means one-half hour before sunrise to one-half hour after sunset as defined by the United States Naval Observatory for the area being travelled in Montana.

(4) "Department" means the Montana Department of Transportation.

(5) "Financial stationery permits" means a hand-written special permit issued on preprinted, four-part, consecutively numbered forms approved by the department.

(6) "Holiday weekend" means a period of consecutive calendar days adjacent to a holiday, during which travel is prohibited. Holiday weekend time periods include:

(a) a holiday which falls on a Friday or Saturday, prohibiting travel on Friday, Saturday, or Sunday;

(b) a holiday which falls on a Sunday or Monday, prohibiting travel on Saturday, Sunday, or Monday;

(c) a holiday which falls on a Tuesday, Wednesday, or Thursday, prohibiting travel on that day only; or

(d) the Thanksgiving holiday, prohibiting travel on Thursday, Friday, Saturday, and Sunday.

(7) "Holidays" means New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day.

(8) "Mobile or manufactured home" is defined in 61-1-101, MCA, and has the additional meaning in this chapter as any building hauled on a frame or with multiple single tire axles or multiple permanently mounted single tire axles. A load transported on a flatbed trailer is not considered a mobile or manufactured home.

(9) "Overhang" means the part of a load which extends beyond the rear of a vehicle. Rear overhang is measured from the end of the vehicle or underride protection device. Overhang is also defined for a load of raw logs under 61-10-104, MCA.

(10) "Permittee" means the person or entity to which a special permit has been issued.

(11) "Personal use" means a vehicle registered to a private individual for noncommercial use.

(12) "Quarter" means a period of any three consecutive months.

(13) "Route analysis" means a route-specific study conducted by the department in connection with an application for an overweight permit of an overweight vehicle configuration to determine the conditions of approval for an application to move overweight vehicles or loads upon a specific route.

(14) "Special permit" means a written or electronic document which may be issued for width, height, length, or weight in excess of the statutory limits, or a combination of these. A special permit shall be issued for a nonreducible load only, except when otherwise expressly set forth in this chapter. The duration of a special permit may be either a single trip or a term permit.

(15) "Super-load" means an oversize load exceeding dimensions of 18 feet wide, 150 feet long, and 17 feet high, and/or with weights requiring Department Bridge Bureau approval.

(16) "Vehicle weight analysis" or "weight analysis" means a study conducted by the department for an overweight vehicle configuration to determine the conditions of travel for the movement of overweight vehicles or loads. 

This rule has been repealed.

(1) Motor carriers operating interstate or both interstate and intrastate need only apply to the Montana Department of Transportation for their registration credentials. Interstate registration credentials will also be honored for intrastate operations.

(2) Fees are established by the Unified Carrier Registration (UCR) Board of Directors. All fees must be paid before a company will be able to register through the International Registration Plan (IRP) or International Fuel Tax Agreement (IFTA). Both IRP and IFTA are programs for interstate operations.

(3) By reference, the department adopts the rules established by the UCR Board in accordance with 49 USC 14504 (2009), a copy of which may be found at the offices of the Montana Department of Transportation, Motor Carrier Services Division, 2701 Prospect, P.O. Box 4639, Helena, MT 59620-4639.

(4) By reference, the department adopts the rules of the Federal Motor Carriers Safety Administration codified as Title 49, Subtitle B, Chapter III, of the Code of Federal Regulations (2011), a copy of which may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.

(5) The Motor Carrier Services Division shall identify, collect, and maintain the USDOT number and Taxpayer Identification Number (TIN) for the registrant and motor carrier that is responsible for the safe operation of each vehicle being registered as required by the Performance and Registration Information System Management (PRISM) established at 49 CFR §390.19. The Motor Carrier Identification Report (form MCS-150) information which identifies the carrier responsible for safety shall be updated if the last update is more than one year prior to the first day of the registration period.

(a) Motor Carrier Services Division shall issue a suspension notice for all vehicles assigned to a motor carrier which have been prohibited by a federal agency from conducting interstate operations. This suspension will remain in effect for those vehicles despite carrier name changes or USDOT number changes until the carrier responsible for the safety of the motor vehicle has come into compliance with the Federal Motor Carrier Safety Administration Act (FMCSA) which determination shall be made by the FMCSA.

(b) Motor Carrier Services Division shall determine the safety rating of a motor carrier prior to any registration or permitting. If it is determined the carrier has an unfit or unsatisfactory safety rating, as defined by federal procedures, or a federal out-of-service order has been issued, the registrations or permitting will be denied, suspended, or revoked until the carrier responsible for safety of the motor vehicle has come into compliance with the Federal Motor Carrier Safety Administration Act (FMCSA), which determination shall be made by the FMCSA.

(c) Any carrier responsible for the safety of a vehicle, which was not identified as holding an unfit safety rating until after a registration had been issued, is subject to credential revocation and registration and license plates confiscation by any authorized enforcement personnel.

This rule has been repealed.

(2) Gross vehicle weight fees are not transferable but will be credited to the fleet from which the vehicles were transferred. Gross vehicle weight fees will be assessed in the fleet into which the vehicles have been transferred.

(3) All registration fees must be repaid on vehicles transferred into the new fleet.

(2) The change of registration period for a fleet must be done during the renewal period assigned to the fleet before transfer.

(3) Gross vehicle weight fees will be prorated to the end of the new registration period.

(4) The annual registration period begins on the first day of a calendar quarter. As used in this subsection, "calendar quarter" means a period of three consecutive months which end on March 31, June 30, September 30, or December 31.

(2) Full registration fees for semi-trailers and trailers subject to permanent registration through the IRP must be remitted at the time of registration.

(3) Semi-trailers and trailers may be registered through the IRP only if they are used in an interstate operation and the registered owner has one or more motor vehicles registered through the IRP.

(4) For purposes of this rule, the definitions of motor vehicle, semi-trailer and trailer are the same as the definitions in 61-1-101, MCA.

(5) After issuance of a temporary authority registration (TA), a vehicle is authorized to operate while the annual registration credentials are being processed. All registration fees become due upon issuance of a temporary registration.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) G.V.W. fees paid on tow cars/wreckers as defined in 61-8-905, MCA, shall be the 100% G.V.W. fee as shown in 61-10-201, MCA, schedule I.

(2) The fees shall be paid on the maximum gross loaded weight of the towing vehicle only. The maximum gross loaded weight shall be determined by the owner.

(3) All tow cars/wreckers are to display truck registration plates.

(4) Dealer plates are not valid on tow cars/wreckers.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(2) Motor homes used as commercial motor vehicles must be licensed as a truck and pay G.V.W. fees.

This rule has been repealed.

(1) The operator will be entitled to credit for fees already paid when an increase in weight and/or change of classification is made on an intrastate registration. No credit will be given on Interstate Registration Plan (IRP) weight increases unless done through the Helena Motor Carrier Services office on the operator's IRP account.

(2) When changing from a more costly gross weight fee classification or weight classification to a less expensive classification no refund shall be given.

(3) Within the same classification, increased gross vehicle weight may be purchased by paying the additional required fees.

(2) Any combination of consecutive monthly fees shall be issued on one receipt and only one $5.00 additional fee shall be charged. Payment of gross weight fees for nonconsecutive months requires a separate receipt for each month and the payment of the $5.00 additional fee for each receipt.

(3) Upon expiration of gross weight fees purchased for three or more consecutive months, the owner or operator of the vehicle must within ten calendar days or seven business days, whichever is greater, pay the required fee for at least one additional month before the vehicle may be operated on public highways. No grace period is granted to owners of vehicles when gross weight fees are purchased for a one-month period, two-month period, or any combination of nonconsecutive months.

(4) The $5.00 additional fee is not collected when an Owner's Certification of Registration and Tax Receipt is issued or a Registration Purposes Only Receipt (R.P.O.) is issued (T, TR, R.P.O.).

(5) Fees paid on an annual basis will be granted a grace period equal to the Montana Vehicle Registration.

(6) The G.V.W. fee receipt will state the issue date, effective date, and expiration date. The receipt is valid for the time period between the effective date and the expiration date, inclusive of any applicable grace period.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) The time limit on all temporary trip permits shall be 72 hours. For extension of temporary trip permits, see additional information in this rule.

(2) Vehicles used by displays or exhibitions (including circuses and carnivals) may be permitted to cover the period of their schedule for a single trip through the state. The last date the vehicle is to be in Montana is shown as the expiration date on all temporary trip permits issued to displays, exhibitions, carnivals, and circuses. Maximum permit fees must be paid.

(3) A trip shall be the total number of miles traveled in Montana on public highways, roads and streets by each vehicle.

(4) Each single vehicle or each vehicle in a combination with a gross weight of over 6,000 pounds requires a temporary trip permit if one or more of the following conditions apply:

(a) vehicles titled or domiciled in a state not having a reciprocal agreement with the state of Montana;

(b) nonreciprocal dealer plates;

(c) commercial busses or charter busses operating from nonreciprocal states;

(d) house trailers being transported for sale or resale by use of nonreciprocal dealers plates;

(e) nonreciprocal transit plates or reciprocal transit plates displayed on vehicles operated by a carrier whose base state of operation does not have a reciprocal agreement with Montana;

(f) nonresident vehicles traveling with incorrect G.V.W. registration or licenses;

(g) all nonresident trucks or trailers not carrying appropriate registration identification showing state of domicile, including interstate fleet vehicles not licensed by agreements;

(h) all nonresident vehicles a part of an interstate fleet not licensed as required by agreements, including vehicles without proper papers;

(i) all nonresident vehicles hauling loads in excess of license of state of domicile;

(j) any nonresident vehicles not currently licensed in any jurisdiction; or

(k) all government vehicles leased by commercial enterprises;

(5) Exceptions are:

(a) nonresident interstate vehicles properly licensed from states with which Montana has reciprocity on gross weight fees;

(b) nonresident house trailers towed for personal use through Montana properly licensed in another state, the principal use of which is living quarters;

(c) nonresident vehicles traveling on Montana trip permits are not required to purchase Montana license plates;

(d) Montana temporary trip permits shall not be issued to resident vehicles;

(e) trailers drawn by trucks or tractors licensed under Schedule I fees are not subject to trip permits if currently licensed and the registration receipt accompanies the vehicle;

(f) two axle vehicles not exceeding 26,000 pounds licensed in an international registration plan jurisdiction unless required by a reciprocal agreement;

(g) vehicle or combination of vehicles not exceeding 26,000 pounds gross vehicle weight licensed in an IRP jurisdiction unless required by a reciprocal agreement; or

(h) government vehicles operated by government personnel.

(6) Nonresident vehicles licensed with a temporary trip permit may perform an intrastate movement.

(7) The Department of Transportation, Motor Carrier Services Division may authorize an extension of a trip permit up to 15 days for the following reasons:

(a) a delay due to mechanical breakdown;

(b) hazardous conditions;

(c) any other circumstances beyond control of the permittee that result in a delay; or

(d) when a weekend or holiday prevents unloading or loading of the vehicle, for the period of the weekend or the holiday.

(8) The Department of Transportation may designate agents to sell temporary trip permits.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) Operators of custom combines are issued special permits to cover registration, gross vehicle weight fees, overwidth, overlength and overheight, and fuel requirements. 

(2) Combines owned and operated by a farmer, used on the farmer's own lands and incidentally moved over the highways from a field owned or leased by the farmer to another field also owned or leased by the same farmer, or to a point for service or returned from service, are not subject to license or gross weight fees.

(3) Combines operated by implement dealers being delivered to a farmer or rancher, or moved from a farm or ranch to a dealer's place of business, or moved from dealer to dealer, are not subject to license of any kind.

(4) Custom combine permits include height up to and including 15 feet 6 inches and width up to and including 15 feet, and length up to and including 95 feet.

(5) Combine headers carried on a trailer may be hauled side by side, however the width may not exceed 12 feet.

(6) A custom combine permit may be operated within 100 air mile radius from the harvested field to the point of first unloading.

(7) The oversize portion of custom combine permits is not valid for operations other than those specific to custom combines.

This rule has been repealed.

(2) Vehicles capable of hauling other commodities are not considered fertilizer spreaders and must pay the appropriate G.V.W. fees.

(2) The receipt shall be carried in the vehicle for which it was issued at all times while the vehicle is operated in Montana.

(3) The receipt shall be displayed upon demand for inspection by any peace officer, officer of the Highway Patrol or employee of the department.

(4) A violation of this rule is punishable under 61-10-232 , MCA.

This rule has been repealed.

(1) The maximum allowable gross weight for vehicle combinations hauling divisible loads is 131,060 pounds. Vehicles and vehicle combinations hauling divisible loads must comply with the federal bridge formula found in 61-10-107, MCA, unless otherwise provided for in statute, federal regulations or department rules.

(2) Maximum allowable weights allowed for vehicle combinations hauling divisible loads on highways cannot exceed a gross vehicle weight and single or tandem weights as described in 23 CFR 658, appendix C, April 1, 2015 edition. Copies of the regulations may be obtained at www.gpo.gov.

(3) The maximum allowable gross weight for vehicle combinations hauling divisible loads on the federal interstate system and operating under the provisions of 23 CFR 658, appendix C, April 1, 2015 edition, or operating under 61-10-107(1)(b), MCA, on non-interstate highways is 137,800 pounds. Copies of the regulations may be obtained at www.gpo.gov.

(4) A department weight analysis of the highway infrastructure will determine the maximum gross weight and axle weights allowed on applicable non-interstate highways. Based on this analysis, the maximum gross weight and axle weights may be less than those allowed in 23 CFR 658, appendix C, April 1, 2015 edition. Copies of the regulations may be obtained at www.gpo.gov.

(5) If periodic, subsequent analyses of any portion of the applicable non-interstate highways indicate unanticipated deterioration of the infrastructure, lower axle weights and gross weight may be required at the department's discretion.

(6) Lower weights for non-interstate highways may be required during periods of seasonal deterioration as authorized in 61-10-108, MCA.

(7) Permits may be issued for the weights in 23 CFR 658, appendix C, April 1, 2015 edition, for the same permit types and under the same fee schedule provided in 61-10-125, MCA and ARM Title 18, chapter 8, subchapter 6. Copies of the CFR regulations may be obtained at www.gpo.gov.

(8) The maximum allowable weight for a mobile home for licensing purposes is the bridge formula in 61-10-107, MCA. A mobile home with any additional weight must obtain an excess axle weight permit as per 61-10-125, MCA.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(a) the powered vehicle is operating on a Montana temporary trip permit;

(b) the applicant requests a single trip permit;

(c) dimensions or weight exceed the maximums allowed in 61-10-121 through 61-10-125 , MCA.

(2) Term permits issued on financial stationery or computer generated permits are valid from January 1 through December 31. Term permits issued on the apportioned registration (cab card) to Montana based vehicles licensed under the IRP, expire with the registration and are valid only for a long combination vehicle but not a triples or 100 foot doubles combination as defined in statute. Term permits issued under regional permit agreements are valid for a maximum of one year and expire on a date determined by the rules of the agreement. A term permit may only be issued to a power unit which is properly licensed with Montana.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) Upon payment of fees, trip, term, or GVW self-issued permits may be obtained by utilizing the department's online permitting system, located at http://www.mdt.gov/business/mcs/. Permits may be issued for excess width, height, weight, and length provided the dimensions or weights do not require special approval or a route analysis.

(2) Failure to provide accurate information may result in permit confiscation or suspension of online permitting privileges.

(3) Any questions concerning the department's online permitting system must be directed to the Motor Carrier Services Division, P.O. Box 4639, Helena, MT 59604-4639, (406) 444-6130.

(1) Unless otherwise provided for in statute or in these rules, permits issued under 61-10-121 through 61-10-125, MCA, have the following requirements.

(2) Alteration of any word or figure on the face of a permit will void the permit immediately and it will be subject to confiscation by the inspecting officer.

(3) A permit is not transferable upon change of ownership of a vehicle. If the owner of the vehicle for which a current permit has been issued replaces the vehicle, the department may transfer the permit to the new vehicle.

(4) A legible copy of a printed or electronic permit must be carried in the assigned vehicle.

(5) Resident implement dealers operating under a special permit in accordance with 61-10-121(1)(b), MCA may have dimensions on an as-needed basis.

(6) No travel is allowed when a route has been placed under severe driving conditions as determined by the department.

(7) The carrier shall be liable for any damages to property caused by the permittee. Failure to correct damage to department property may result in revocation of permit privileges. Repairs not completed within a reasonable timeframe may be repaired by the department and costs billed to the permittee.

(8) Unless otherwise specified in statute or rule, the following travel restrictions apply to vehicles operating under special permits:

(a) Interstate highways – travel is allowed 24 hours per day, 7 days per week, up to 18 feet wide, including essential services within one-half mile of the interstate highway.

(b) Non-interstate highways – travel is allowed 24 hours per day, 7 days per week, up to 10 feet wide, 150 feet long, or 15 feet 6 inches high.

(c) Holiday and holiday weekend travel on interstate highways is allowed 24 hours per day, 7 days per week, up to 18 feet wide, including essential services within one-half mile of the interstate highway.

(d) Holiday and holiday weekend travel on non-interstate highways is allowed 24 hours per day, 7 days per week for loads up to 10 feet wide and/or 15 feet 6 inches high. Loads exceeding 10 feet wide and/or 15 feet 6 inches high, up to 12 feet 6 inches wide and/or 15 feet 6 inches high may travel during daylight hours only.

(e) When movement requires pilot vehicles, the permittee must not delay traffic in excess of 15 minutes.

(9) Mobile home towing unit specific requirements include:

(a) A mobile home towing unit (toter) must be equipped with one or more dual-wheel drive axle or wide-based tire as defined in 61-10-107, MCA and have a wheelbase a minimum of 100 inches.

(b) When a manufactured home, double wide mobile home, modular home, or modular building has been assembled, the department may allow the building to be moved as one unit, with house-moving equipment, as a building, under a special permit.

(10) At the discretion of the MCS administrator or designee, any restricted travel may be waived.

(11) Loads which exceed 18 feet in width, 150 feet in length, 17 feet in height, or which require approval by the department's Bridge Bureau due to the weight, truck configuration, and/or route must apply for a super-load permit. The department may impose conditions on the issuance of a complete super-load permit, including, but not limited to, requiring the permittee to:

(a) obtain approval from local governments;

(b) obtain all necessary permits;

(c) obtain approval from affected utilities;

(d) obtain insurance as required by ARM 18.8.801;

(e) submit a travel plan and/or route survey;

(f) provide notice to the traveling public of the movement of loads;

(g) limit travel to specific days and/or hours;

(h) refrain from traveling during inclement weather conditions; and

(i) provide adequate traffic control personnel, equipment, and devices.

(12) Loads exceeding 18 feet wide up to 34 feet wide, 17 feet high up to 24 feet high, and/or 150 feet long up to 200 feet long, must obtain the appropriate department district administrator or designee approval of a completed super-load permit application. The department's decision on a complete super-load application for these dimensions must be issued within two working days of a properly completed application submittal.

(13) Loads exceeding 34 feet wide, 24 feet high, and/or 200 feet long must obtain the appropriate department district administrator or designee approval of the super-load permit application. The department's decision on a super-load application for these dimensions must be issued within five working days of a properly completed application submittal.

(1) At its discretion, the department may issue permits for emergency travel.  

(2) The party requesting the emergency move shall contact the Department of Transportation, M.C.S. Division, for authorization of the emergency move.

(3) Emergency travel may be granted under the following conditions:

(a) acts of nature;

(b) derailments;

(c) highway accidents.

(4) The Department of Transportation may require safety devices, flag vehicle requirements, and routes of travel.

(5) A special permit shall be required when performing an emergency move.

(6) The Motor Carrier Services Division administrator or designee may exempt the following vehicles from restricted hours of operation in an emergency situation:

(a) government vehicles; and

(b) private sector vehicles providing the same services as government vehicles.

(7) Emergency vehicles traveling at night must be equipped with lights the full width and length of the vehicle and load which are visible for not less than 500 feet under normal atmospheric conditions at night.

This rule has been repealed.

(1) A pilot vehicle may be any passenger car or two-axle truck a minimum of 60 inches wide. The maximum manufacturer's rating for the pilot vehicle shall not exceed a gross vehicle weight rating of 14,000 pounds. Service or mechanic trucks owned or contracted by the permittee and used as a pilot vehicle shall not exceed a gross vehicle weight rating of 26,001 pounds. A pilot vehicle may not exceed legal limits of size and weight. Trucks used as pilot vehicles shall be clearly distinguished from and identifiable as the escort vehicle. A pilot vehicle may pull a trailer or carry any item or equipment which:

(a) is within legal limits of size and weight;

(b) allows an unobstructed view of the flashing lights and signs used by the pilot vehicle;

(c) complies with all state traffic laws; and

(d) possesses current registration and valid insurance.

(2) Service or mechanic trucks used as a pilot vehicle must not have a utility box which extends above the cab more than 12 inches or beyond the width of the cab more than 6 inches on either side.

(3) A sign with the words "oversize load" or similar wording shall be visible from the front of the vehicle and rear of the vehicle at all times when piloting an oversize load. Letters shall not be less than 8 inches in height. The letters shall be black in color on a yellow colored background with the exception of digital signs. When not being operated as a pilot vehicle, signs must be removed.

(4) Flashing amber lights, visible 360 degrees, shall be mounted at each end of a sign with the words "oversize load" or similar wording, on the roof of the pilot vehicle. A revolving or strobe light may be substituted for flashing lights. Lights shall be flashing at all times when piloting an oversize load.

(5) All pilot vehicles shall be equipped with two-way communication.

(6) Pilot vehicles must remain within 1,000 feet of the permitted vehicle or load.

(1) Vehicles exceeding 10 feet in width must:

(a) Display a sign with the words "OVERSIZE LOAD" or similar wording which must be mounted at any visible height on the front and rear of the load. Letters shall not be less than 8 inches in height. The letters shall be black in color on a yellow colored background with the exception of digital signs.

(b) On the power unit, flashing amber lights, a minimum of five inches in diameter, 50 candlepower, 60 to 90 flashes per minute, shall be mounted at each end of the oversize load sign and visible 360 degrees. A single revolving light or strobe light may be substituted for flashing lights. Lights shall be flashing at all times when moving an oversize vehicle or load.

(2) Pilot vehicles may be required under ARM 18.8.511A in lieu of "oversize load" signs and flashing lights.

(3) Towing vehicles must be equipped with two-way radio communications if pilot vehicles are required under ARM 18.8.511A.

(4) Oversize load signs must be removed from the vehicle upon completion of the highway movement which necessitated the signs.

This rule has been repealed.

(1) Unless otherwise specified in statute, rule, or the terms of the special permit issued to the permittee, pilot vehicles are required if one or more of the following conditions apply:

(a) Non-Interstate highways:

(i) Width – loads exceeding 12 feet 6 inches to 16 feet 6 inches must have one front pilot vehicle; width over 16 feet 6 inches, one rear pilot vehicle;

(ii) Width – loads exceeding 16 feet 6 inches to 18 feet must have one front and one rear pilot vehicle; length over 120 feet, one rear pilot vehicle;

(iii) Width – loads exceeding 18 feet to 24 feet must have at least two front and one rear pilot vehicles;

(iv) Width – loads exceeding 24 feet must have at least two front and two rear pilot vehicles;

(v) Length – loads exceeding 150 feet must have one rear pilot vehicle;

(vi) Length – loads exceeding 200 feet must have one front and one rear pilot vehicle.

(b) Interstate highways:

(i) Width – loads exceeding 16 feet 6 inches to 18 feet must have one rear pilot vehicle. Vehicles exempted under 61-10-102(2)(a), MCA may only travel during hours of darkness with one rear pilot vehicle;

(ii) Width – loads exceeding 18 feet must have at least two rear pilot vehicles side by side. Vehicles exempted under 61-10-102(2)(a), MCA may only travel during hours of darkness with two rear pilot vehicles;

(c) Height – loads exceeding 17 to 24 feet must have one front pilot vehicle equipped with a height pole and/or any other equivalent device detecting overhead dimensions.

(d) Height – loads exceeding 24 feet must have one front pilot vehicle equipped with a height pole and/or any other equivalent device detecting overhead dimensions and one rear pilot vehicle.

(2) In the event a load meets more than one of the criteria for the use of pilot vehicles, the criteria requiring the greatest number of pilot vehicles will determine the number of pilot vehicles necessary for travel.

(3) A vehicle or load not equipped as required in ARM 18.8.510B must use one front and one rear pilot vehicle for all travel.

(4) If a vehicle or load is not required to have a pilot vehicle for interstate travel, and the permitted load is not subject to ARM 18.8.602, no pilot vehicle is required for a radius of two miles of an interstate interchange.

(5) Overweight vehicles must meet the additional pilot requirements in ARM 18.8.602.

(6) Additional pilot vehicles or traffic control plans may be required and must be approved by the department through the super-load application.

(7) When movement requires pilot vehicles, the permittee must not delay traffic in excess of 15 minutes.

(1) Vehicles operating under a special permit may not travel in a convoy.

(2) Vehicles up to 16 feet 6 inches in width or up to 120 feet in length may travel in a convoy under the following conditions:

(a) a convoy may not exceed five vehicle combinations operating under a special permit;

(b) there shall be a minimum of 500 feet and a maximum of 1000 feet between all vehicles in a convoy;

(c) one properly equipped pilot vehicle is required at the front and rear of the convoy; and

(d) loads operating under ARM 18.8.602 may convoy with no more than two overweight loads.

(1) A permittee is prohibited from traveling under a bridge, underpass, or other overhead obstruction that does not exceed the height of the load or vehicle.

(2) The permittee will be responsible for checking the route or routes to be traveled to determine clearance of bridges, underpasses, or other obstructions.

(3) The permittee shall be responsible for obtaining overheight clearances, including payment of all expenses incidental to removal of anything obstructing clearances.

(4) Loads with a height of 15 feet 6 inches or less may be issued either a term or single trip permit.

(5) Loads with a height in excess of 15 feet 6 inches may be issued single trip special permits.

(6) In the event of a hay shortage or emergency drought declaration issued by the state or other governmental authority, the department may issue a single trip special permit for a baled or loose hay load with a height up to 16 feet. The hay load single trip special permit will be issued only for a route identified by the permittee and approved by the department.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) A "special vehicle combination" is a truck-trailer-trailer combination of vehicles or truck tractor-semitrailer-trailer-trailer combination of vehicles as defined in statute and in 23 CFR 658, appendix C, April 1, 2015 edition. Copies of the regulations may be obtained from the U.S. Government Printing Office, 732 North Capitol Street, NW, Washington, DC 20401-00012, or at www.gpo.gov.

(2) No special vehicle combination may be operated without a valid overlength permit.

(3) Special overlength permits shall be issued to a specific truck or truck tractor and are nontransferrable, and may not be used for any other combination other than a "special vehicle combination" as defined in this rule.

(4) In addition to the special overlength permit, the operator must obtain all other necessary permits for travel in Montana.

(5) When a terminal is beyond a two-mile radius of an interchange on the interstate system, the Department of Transportation may authorize travel between the terminal and the interchange. The operator shall apply in writing to the Department of Transportation for authorization to travel outside the two-mile radius to reach a terminal. The written application must specify requested routing and show good cause why the travel is necessary.

(6) The Department of Transportation may restrict or prohibit travel of special vehicle combinations to specific routes, hours of operation, specific days, or seasonal periods, when adverse conditions, traffic, weather or other safety considerations make such operation unsafe or inadvisable. Special vehicle combinations shall not be dispatched during adverse weather conditions, as defined in section 392.14 of the Federal Motor Carrier Safety Regulations. If adverse weather or road conditions are encountered or if the road surface is icy or snowpacked, the driver of the special vehicle combination shall proceed to the next available exit or turnout and drop a trailer or wait for conditions to improve. If road or weather conditions are deemed sufficiently hazardous by the Montana Department of Transportation or the Montana Highway Patrol, they may instruct the special vehicle combinations to cease operations immediately until such hazardous conditions no longer exist.

(7) The following equipment requirements apply to special vehicle combinations:

(a) All trucks and truck tractors shall be powered to provide adequate acceleration ability and hill climbing ability under normal operating conditions, and to operate on level grades at speeds compatible with other traffic. The ability to maintain a minimum speed of 20 m.p.h. under normal operating conditions on any grade over which the combination is operated is required.

(b) All trucks and truck tractors shall have adequate traction to maintain a minimum speed of 20 m.p.h. under normal operating conditions on any grade over which the combination is operated and to be able to resume a speed of 20 m.p.h. after stopping on any such grade and to negotiate all grades encountered.

(c) Each individual single and tandem axle shall have tires of the same size and construction (radial or nonradial) . Tires must be properly inflated for the load being carried, and shall meet the standards set forth in 49 CFR section 393.75.

(d) All fifth wheels shall be clean and lubricated with a light duty grease. The fifth wheel shall be located in a position which provides adequate stability. The fifth wheel shall be heavy duty as required in 49 CFR section 393.70.

(e) Pick-up plates shall be of equal strength to the fifth wheel, as provided in 49 CFR section 393.70.

(f) The king pin shall be of a solid type and permanently fastened. Screw out or folding type king pins are prohibited.

(g) All hitch connections shall be of a no-slack type, preferably air actuated ram. Air actuated hitches, when used, must be isolated from the primary air transmission system.

(h) The drawbar length shall be the practical minimum consistent with weight distribution and clearances required between trailers for turning and backing maneuvers.

(i) Permanently attached trailer axles must be those designed for the width of the trailer.

(i) Truck-trailer-trailer combinations must have a minimum of six axles and a maximum of nine axles.

(ii) Truck tractor-semitrailer-trailer-trailer combinations must have a minimum of seven axles and a maximum of nine axles.

(j) All braking systems shall comply with state and federal requirements. In addition, fast air transmission and release valves shall be provided for all trailers, semitrailers, and converter dollies. A brake force proportioning valve may be provided on the steering axle. Indiscriminate use of engine retarder brakes is prohibited.

(k) Anti-sail mud flaps are required. If anti-sail mud flaps are not used, mud flaps and anti-spray and splash suppressant device systems are required.

(8) Special vehicle combinations are restricted to the following operating conditions:

(a) The total weight on any single axle may not exceed 20,000 pounds. The total weight on any tandem axle may not exceed 34,000 pounds. The total weight on any group of two or more consecutive axles may not exceed the amount provided in 61-10-107 , MCA.

(b) In no case may any trailer or semitrailer be placed in front of another trailer or semitrailer which carries an appreciably heavier load. The heaviest trailer or semitrailer shall be placed in front and the lightest at the rear. An empty trailer or semitrailer may not precede a loaded trailer or semitrailer.

(c) A special vehicle combination shall be stable at all times during normal braking and normal operation. A special vehicle combination, when traveling on a level, smooth, paved surface, shall follow in the path of the towing vehicle without shifting or swerving more than three inches to either side when the towing vehicle is moving in a straight line.

(d) While operating on a highway with two lanes in one direction, permitted vehicles shall remain in the right hand lane unless otherwise posted or conditions otherwise require, or when passing another vehicle or when emergency conditions exist.

(e) A minimum safe distance of 100 feet per 10 m.p.h. of speed shall be maintained between a special vehicle combination and other vehicles except when overtaking and passing.

(f) In the event a special vehicle combination is disabled for any reason other than an accident, it shall be parked as far off the traveled way as possible and marked as required by Federal Motor Carrier Safety Regulations.

(9) As required by 49 CFR section 177.835(c), transportation of Division 1.1 and 1.2 explosives is prohibited.

(10) A driver of a special vehicle combination shall be experienced in driving these combinations, maintain a good driving record and be subject to the following requirements:

(a) The driver shall comply with all of the driver's requirements of the Motor Carrier Safety Regulations of the U.S. Department of Transportation.

(b) The driver shall be under the control and supervision of the company holding the overlength permit.

(c) No person who has had any suspension of driving privileges in any state during the past three years where such suspension arose out of the operation of a motor vehicle used as a contract or common carrier of persons or property may operate a special vehicle combination.

(11) No person may operate any special vehicle combination under 61-10-124(4), MCA, at a speed greater than the posted speed limit. Violation of this restriction shall result in confiscation of permits.

(12) Every special vehicle combination operated under an oversize permit shall be covered by insurance of not less than $1 million combined single limit bodily injury and property damage liability per occurrence unless a greater amount is required by state or federal law or regulations.

(13) No overlength permit may be issued to a company which does not have a documented, established safety compliance program, including a driver training and certification program.

(14) Any company approved to operate special vehicle combinations under an overlength permit shall provide the Department of Transportation with any information relating to accidents, operational costs, safety inspections, equipment, maintenance, and other items which may be requested.

(15) Notwithstanding other state and federal requirements for reporting motor vehicle accidents, reportable accidents involving special vehicle combinations operated under a special overlength permit must be reported to the Montana transportation department within ten days of the date of the accident.

(16) The original permit shall be carried in the truck or truck-tractor of the special vehicle combination operating under the permit, and shall be displayed to any peace officer, employee of the Department of Transportation, Montana Highway Patrol upon request.

(17) In addition to the requirements in this rule, all equipment operated, all drivers employed and all operating procedures used shall comply with the current Motor Carrier Safety Regulations, parts 390 through 397 of the U.S. Department of Transportation, Federal Highway Administration.

(18) An overlength permit may be confiscated by any peace officer or by the Department of Transportation for failure of the company or any of its drivers to comply with any requirement contained herein.

(19) Application for permits may be obtained from the Department of Transportation, Motor Carrier Services Division, Box 4639, Helena, MT 59604, during regular business hours, Monday through Friday, except on legal holidays observed by the state of Montana.

(20) Complaints concerning operation of special vehicle combinations may be reported to the administrator of the Department of Transportation, Motor Carrier Services Division, P.O. Box 4639, Helena, MT 59604.

(1) The operating company must keep physical records of all training. These records may be, audited at any time upon request by the Department of Transportation.

(2) The certification by the operating company will consist of the following:

(a) Each driver must complete an initial one-time road test consisting of at least 200 miles or four hours of driving a special vehicle combination. The road test must include driving the special vehicle combination under actual driving circumstances to include mountain driving and entering and exiting interchanges when applicable.

(b) Each company must provide its drivers with a documented annual review of the following:

(i) Federal Motor Carrier Safety Regulations as required in section 391.25.

(ii) State laws and regulations pertaining to the operation of special vehicle combinations (triples), including under adverse weather conditions.

(iii) The above certification is to be noted on the driver's "Violation and Review Record" (ATA Form C0680 or comparable) by the carrier.

(1) When proceeding to an emergency, a wrecker or tow vehicle which exceeds the weight limits set forth in 61-10-141, MCA, must enter an open weigh station except if the emergency creates highway blockage and/or serious threat to life and property. If this condition exists, the wrecker or tow vehicle must have top lights flashing and may pass by the open weigh station.

(2) If separating a towed power unit combination would create a safety risk to the traveling public or to property on the roadway, a wrecker or tow vehicle may tow the vehicles or vehicle combination from the emergency scene or place of disablement on a public roadway to the operator's place of business or yard or suitable secure facility if it is within 100 miles of the emergency scene.

(3) Combinations, including double and triple saddle mount configurations, nondivisible loads, or unusual combinations not readily separated (including but not limited to loaded fuel semi-trailers, stinger steered combinations, and loaded logging trucks with pole trailer connected to the disabled power unit) may be towed from the emergency scene or place of disablement to the operator's place of business or yard if it is within 100 miles of the emergency scene or place of disablement. If a move exceeds 100 miles, the disabled vehicles may be removed from the emergency scene or place of disablement on a public roadway but must be separated at the first place where the combination can be safely reduced to a single unit.

(4) When returning from an emergency, the wrecker or tow vehicle and load which exceeds the weight limits in 61-10-141, MCA, must enter an open weigh station.

(5) Permit requirements for tow vehicles operating under emergency conditions:

(a) If a tow vehicle or the vehicle being towed exceeds statutory limits, special permits are required and must be carried in the tow vehicle when returning from an emergency. An emergency response does not exempt the tow truck operator from special permit requirements. If the type of special permit cannot be determined, the permits must be obtained at the weigh station when returning from the emergency scene or place of disablement through the use of the Motor Carrier Services (MCS) courtesy weight permit process;

(b) A special permit is valid for both the towing vehicle and the disabled vehicle and load;

(c) Special permits for overweight are valid for both divisible and nondivisible loads, however routing and restrictions on the original permit must be followed unless properly amended by MCS;

(d) An emergency response exempts the tow truck operation from restricted hours of operation within 100 miles of the emergency scene; and

(e) All flag vehicles, light, and signing regulations found at ARM 18.8.510A, 18.8.510B, and 18.8.511A apply to wreckers and/or tow truck vehicles when responding to or returning from an emergency.

(6) A tow vehicle or wrecker may operate during restricted hours of daylight, weekends, holidays, and during restricted or severe weather travel conditions when returning from an emergency scene or place of disablement. A tow vehicle or wrecker may only travel during restricted or severe weather conditions to the first safe place the vehicles may be safely parked until the restricted or severe driving conditions have been removed.

(7) MCS will report violations of this rule to the Department of Justice for appropriate action against the wrecker or tow vehicle operator.

(2) Unless otherwise specified through route analysis by the Bridge Bureau of the Department of Transportation, the maximum axle loads and the minimum axle spacing for which overweight permits may be issued for non-built-up loads shall conform to the requirements of the weight tables as referenced in (1) .

(3) The following definition applies to noninterstate highways only. A nondivisible load is a load which cannot be readily or reasonably dismantled and which is reduced to a minimum practical size and weight. Portions of a load can be detached and reloaded on the same hauling unit provided that the separate pieces are necessary to the operation of the machine or equipment which is being hauled, if the arrangement does not exceed permitable limits.

(4) The following definition applies to interstate highways only. Nondivisible means any load or vehicle exceeding applicable length or weight limits which, if separated into smaller loads or vehicles, would:

(a) Compromise the intended use of the vehicle, i.e., make it unable to perform the function for which it was intended;

(b) Destroy the value of the load or vehicle, i.e., make it unusable for its intended purpose; or

(c) Require more than eight work hours to dismantle using appropriate equipment. The applicant for a nondivisible load permit has the burden of proof as to the number of work hours required to dismantle the load.

(d) Emergency response vehicles and casks designed and used for the transport of spent nuclear materials may be considered nondivisible vehicles or loads.

(5) Subject to the exercise of discretion of the administrator, M.C.S. Division, permits may be issued for overweight loads of more than one item or for greater weights than those provided in the weight analysis manual where written application is made showing good cause for such exception.

(6) Special permits for weights which do not impose speed restrictions and for dimensions not exceeding the maximum dimensions allows in ARM 18.8.509(11) (a) through (c) may be issued for continuous travel.

(7) Permits do not allow travel on any state highway where seasonal load limits are in effect without authorization of the district administrator or his designated representative in the district or area where travel takes place.

(8) The fee will be computed on the total miles traveled on all public roads.

(9) The department may require an overweight vehicle or load to operate at less than the posted speed limit, but not as restrictive as conditions imposed by ARM 18.8.602 (DW-21 Conditions) .

(1) The department may restrict speed and impose additional requirements as a condition of the special permit in cases of extreme overweight.

(2) On interstate or noninterstate highways, loads may not exceed a maximum speed of 55 mph or the posted speed limit, whichever is less. Only one overweight vehicle is allowed on a bridge at a time. Stopping or shifting gears on any bridge is prohibited. Additionally, one or more of the following conditions may apply when listed as a restriction on the special permit:

(a) vehicle must reduce speed to a maximum of 10 miles per hour before and while crossing the bridge, remain in driving lane, maintain at least two feet from the shoulder, and provide a minimum of one rear pilot vehicle, while other non-overweight traffic may travel simultaneously in all lanes; or

(b) vehicle must reduce speed to a maximum of 10 miles per hour before and while crossing the bridge, center vehicle over roadway centerline, and provide a minimum of two pilot vehicles, while all other traffic is prohibited on the bridge. The two required pilot vehicles must adhere to the following conditions when pilot vehicles are part of the conditions on the permit:

(i) interstate highway travel requires a minimum of two rear pilot vehicles; or

(ii) noninterstate highway travel requires a minimum of one front and one rear pilot vehicle.

(c) additional restrictions may be imposed on a case-by-case basis depending on specific bridge conditions and complexity of the movement.

(3) A reasonable accommodation route variance will be allowed for vehicles to deviate from permitted interstate routes within a two mile radius of an interstate interchange for accessing of services, without a requirement for additional pilot or escort vehicles. Any bridge crossing on the accommodation route must be approved through department bridge review or in compliance with applicable noninterstate bridge crossing requirements.

(4) All traffic control required by a special permit condition must comply with ARM 18.8.510A and the Manual on Uniform Traffic Control Devices.

(5) Violation of any permit restrictions on bridge crossings, axle weights, or axle spacing may prohibit future permit issuance and operation.

(1) A vehicle configuration that can be permitted only under a route analysis cannot be issued a term excess axle weight permit. The permit can be issued for a single trip only, for a route specified on the permit.

(1) Upon request, a vehicle weight analysis shall be conducted by the department for a specific vehicle configuration, axle spacings, axle weights, and gross weight to determine the conditions of travel for the movement of overweight vehicles or loads.

(a) The analysis is transferable only to an identical vehicle configuration.

(b) If there is any change in the vehicle configuration, axle spacings, axle weights, or gross weight, the analysis is invalid and a new vehicle weight analysis must be requested.

(c) When obtaining an overweight permit, it is the responsibility of the permittee to provide a previously issued vehicle weight analysis, or to request an initial analysis.

(d) The permittee must carry a copy of the vehicle weight analysis in the assigned vehicle and be able to produce it for inspection by an officer.

(2) Upon request, a route analysis shall be conducted by the department when necessary, and issued as an annual approval, when submitted for a specific vehicle configuration, axle spacing, axle weights, gross weight, and route of travel to determine the conditions of travel for the movement of overweight vehicles or loads upon a specific route.

(a) When obtaining an overweight permit, a route analysis must be requested by the permittee each time there is a change of axle weights, vehicle configuration, or a new route of travel is required.

(b) Only the Helena MCS office is authorized to issue permits for a vehicle configuration operating under the conditions of a route analysis.

(1) The department may issue a wintertime or durational permit between the period December 1 and the following March 7 authorizing the applicant to operate a vehicle, combination of vehicles, load or object exceeding by up to 10% the maximum weight limits specified in 61-10-106 through 61-10-110, MCA.

(2) A wintertime permit may be issued under the following conditions:

(a) the nonrefundable fee is $50 for each vehicle;

(b) a permit may only be issued during the period December 1 to the following March 7; and

(c) a permit is valid for 30 days, or until March 7, whichever is earlier, subject to (4).

(3) A durational permit may be issued under the following conditions:

(a) the nonrefundable fee is $150 for each vehicle;

(b) a permit may only be issued during the period December 1 to the following March 7; and

(c) a permit is valid for the entire period between December 1 or date of issuance and the following March 7, subject to (4).

(4) Wintertime and durational permits for divisible loads under 61-10-125 MCA are subject to the following restrictions:

(a) a permit is not eligible for travel on the interstate system;

(b) a permit must not be used to increase any overweight or tolerance permit;

(c) a permit may be modified statewide at the department's discretion due to temperatures during the dates of December 1 to the following March 7. The permittee must check the department's or associated county's website for updated restrictions; and

(d) a permit may restrict a bridge or bridges from the weights of a permit at the department's discretion.

This rule has been repealed.

(1) Any violation of state or federal law, rule or regulation, or any violation of a term or conditions of a special permit is grounds for confiscation by an inspecting officer.

(2) At the discretion of the department, the permittee may purchase a special movement permit to reach a destination which shall be at the discretion of the inspecting officer, either to a point of safety for the traveling public or to a point of actual destination.

(3) In addition to confiscation of a permit, the department may assess administrative penalties as follows:

(a) First violation - re-issue new permit

(b) Second violation - 24-hour suspension

(c) Third violation - 30-day suspension

(d) Fourth violation - 60-day suspension

(e) Fifth violation - 90-day suspension

(f) For violations exceeding the fifth, permits will be revoked.

(4) In order to protect the safety of the traveling public, permit privileges may be revoked by the administrator of the Motor Carrier Services Division for failure by the permittee to comply with any state or federal law, rule, regulation, or condition of a special permit. In making a determination whether to revoke permit privileges under this rule, the administrator shall take into consideration the nature and number of violations by the permittee as well as the need to protect the safety of the traveling public and the protection of personal and public property.

(5) Notice of administrative penalties or revocation of privileges shall:

(a) be given in writing;

(b) state the reason or reasons for revocation; and

(c) advise the permittee of the right to appeal the decision to the Montana Transportation Commission.

This rule has been repealed.

This rule has been repealed.

A mobile home towing unit (toter) shall be equipped with one or more dual-wheel drive axle or wide-based tire as defined in 61-10-107, MCA, and have a wheelbase a minimum of 100 inches.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) Drivers of vehicles meeting the requirements of 61-10-141(1) and (3), MCA, are required to stop at all weighing locations displaying an open sign.

(2) Drivers operating vehicles for carriers enrolled in electronic weigh station bypass programs may follow in-cab signals at equipped weigh station sites which signals shall indicate whether the vehicle must stop, subject to jurisdictional bypass restrictions.

(3) Jurisdictional bypass restrictions require that regardless of receiving a bypass signal, a driver must enter an open weighing location when any of the following conditions apply:

(a) overweight (including permitted loads);

(b) overwide greater than ten feet (including permitted loads);

(c) overheight greater than 15 feet 6 inches (including permitted loads);

(d) overlength greater than 110 feet (including permitted loads);

(e) oversize in excess of legal dimensions as outlined in 61-10-102, 61-10-103, and 61-10-104, MCA, without a valid permit.

(4) A violation of this rule is punishable as provided by law.

(1) Each employee is subject to an extensive background investigation, including credit check.

(2) Each employee shall successfully complete any Montana Law Enforcement Academy courses required by the Motor Carrier Services Division.

(3) In addition, each employee must successfully complete the M.C.S. division's training program.

(4) Prior to making arrests as provided in 61-12-206, MCA, an employee must execute the prescribed code of ethics in ARM 23.13.203 and take an official oath of office.

(5) Each employee must meet the requirements set forth in 7-32-303(2), MCA.

(1) For purposes of interstate commerce safety operations and subchapter 15 of these rules, the department adopts by reference the definitions found at 49 CFR 390.5.

(2) For purposes of intrastate commerce safety operations and subchapter 15 of these rules, the department adopts by reference the definitions found at 49 CFR 390.5 with the following clarifications:

(a) "Commercial motor vehicle (CMV)" means any self-propelled or towed motor vehicle used on a way of this state open to the public to transport passengers or property when the vehicle:

(i) has a gross vehicle weight rating, or gross combination weight rating, or gross vehicle weight, or gross combination weight of 26,001 pounds or more, whichever is greater;

(ii) is designed or used to transport more than 15 passengers, including the driver, not for compensation;

(iii) is designed or used to transport more than eight passengers, including the driver, for compensation; or

(iv) is of any size and is used in the transportation of materials found by the U.S. Secretary of Transportation to be hazardous for the purposes of the Hazardous Materials Transportation Act (49 USC 5101, et seq.) and which require the motor vehicle to be marked or placarded under the Hazardous Materials Regulations (49 CFR chapter I, subchapter C) under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR subtitle B, chapter I, subchapter C.

(b) "Farm vehicle" means a commercial motor vehicle that is:

(i) controlled by a farmer and operated by the farmer or a person employed by the farmer as a private motor carrier of property;

(ii) being used to transport either:

(A) agricultural products; or

(B) farm machinery, farm supplies, or both, to or from a farm.

(iii) not being used in the operation of a for-hire motor carrier; and

(iv) not carrying hazardous materials of a type or quantity that requires the commercial motor vehicle to be placarded in accordance with 49 CFR 177.823.

(c) "Farmer" means any person who operates a farm or is directly involved in the cultivation of land, crops, or livestock which are:

(i) owned by that person; or

(ii) under the direct control of that person.

(d) "Gross combination weight (GCW)" means the loaded weight of a combination of vehicles. In the absence of a readily available means to determine the weight of a vehicle combination, GCW will be deemed to equal the declared weight of the power unit or the aggregate value of the tire rating in pounds for each tire on a vehicle missing a manufacturer's rating certification plate, whichever is greater.

(e) "Gross combination weight rating (GCWR)" means the value specified by the manufacturer as the loaded weight of a combination (articulated) motor vehicle. In the absence of a value specified by the manufacturer, GCWR will be determined by adding the GVWR of the power unit and the total weight of the towed unit and any load thereon.

(f) "Gross vehicle weight (GVW)" means the weight of a vehicle without load plus the weight of any load on the vehicle. In the absence of a readily available means to determine the weight of a vehicle, GVW will be deemed to equal the maximum weight limit for which the vehicle is licensed under Title 61, chapter 10, MCA, or the actual physical weight of the vehicle, or the aggregate value of the tire rating in pounds for each tire on a vehicle missing a manufacturer's rating certification plate, whichever is greater.

(g) "Gross vehicle weight rating (GVWR)" means the value specified by the manufacturer as the loaded weight of a single motor vehicle. In the absence of a stated manufacturer's rated capacity for a particular vehicle, GVWR will be deemed to equal the maximum weight limit for which the vehicle is licensed under Title 61, chapter 10, MCA, or the actual physical weight of the vehicle.

(h) "Intrastate commerce" means any trade, traffic, or transportation within the state of Montana which is not described in the term "interstate commerce," as defined in 49 CFR 390.5.

(i) "Motor carrier" means a person, corporation, or firm transporting goods or passengers by operation of a commercial motor vehicle upon a way of the state open to the public. The term includes duly authorized agents, officers, and representatives, as well as employees of the motor carrier who are responsible for hiring, supervising, training, assigning, or dispatching of drivers and employees concerned with the installation, inspection, and maintenance of motor vehicle equipment or accessories.

(j) "Way of this state open to the public" means any highway, road, alley, lane, parking area, or other public or private place adapted and fitted for public travel that is in common use by the public, including, but not limited to, any roadway available to, and passable by, except during scheduled periods, extreme weather or emergency conditions, four-wheel standard passenger cars, and open to the general public for use without restrictive gates, prohibitive signs, or regulation other than restrictions based on size, weight, or class of vehicle registration.

(3) For purposes of transportation of hazardous materials in commerce, and subchapter 15 of these rules, the department adopts by reference the definitions found at 49 CFR 171.8, with the following clarification:

(a) "Hazardous materials shipper" means an individual, corporation, company, association, firm, partnership, society, joint stock company, government, Indian tribe, or authority of a government or tribe, that:

(i) offers a hazardous material for transportation in commerce;

(ii) transports a hazardous material to support a commercial enterprise and is a private motor carrier;

(iii) performs, or is responsible for performing, any pre-transportation function required by state or federal statute or rule for the transportation of hazardous materials in commerce; or

(iv) tenders or makes hazardous materials available to a carrier for transportation in commerce.

(1) Any commercial motor vehicle or motor carrier subject to regulation by the department under 61-10-154, MCA, shall comply with and the department adopts by reference the following portions of the Federal Motor Carrier Safety Regulations of the U.S. Department of Transportation, subject to the provisions of (2). The regulations adopted are 49 CFR part 373, 49 CFR part 375, 49 CFR parts 377 through 379, 49 CFR part 382, 49 CFR part 383, 49 CFR part 385, 49 CFR part 387, 49 CFR parts 390 through 399, and Appendix G to subchapter B of chapter III, Title 49 of the Code of Federal Regulations, as updated through March 14, 2018. Copies of the regulations may be obtained from the U.S. Government Printing Office, 732 North Capitol Street, NW, Washington, DC 20401-0001, or at www.gpo.gov.

(2) The federal regulations incorporated by reference are subject to the following modifications:

(a) For purposes of 49 CFR part 385, the safety investigation applied to intrastate carriers will be referred to as an "intrastate safety investigation." The department will conduct intrastate safety investigations in compliance with ARM 18.8.1506.

(b) 49 CFR part 387, subpart A, 387.7 and 387.9 apply to for-hire motor carriers operating in interstate or foreign commerce and motor carriers transporting hazardous material. Section 61-6-103, MCA, establishes the minimum level of financial responsibility for for-hire motor carriers transporting nonhazardous material intrastate.

(c) With respect to 49 CFR 390.19, an intrastate motor carrier must complete a "Motor Carrier Identification Report" (form MCS-150) at the following times:

(i) before the carrier begins operation; and

(ii) every 24 months thereafter, in accordance with the schedule in 49 CFR 390.19.

(d) For the purpose of 49 CFR 390.21, the department will assign a United States Department of Transportation (USDOT) number to each intrastate motor carrier and that number, in addition to the name or trade name of the motor carrier, must be marked on each self-propelled commercial motor vehicle operated by the carrier in the same manner as is required of a federally issued USDOT number except:

(i) The motor carrier is required to mark each vehicle subject to these regulations with the assigned "USDOT" number immediately followed by the state abbreviation "MT."

(e) Part 391 is subject to the age and physical qualification provisions of ARM 23.3.505 and 23.3.506 for those individuals operating under a type 2 commercial driver's license and not engaged in "interstate commerce," as defined in 49 CFR part 391.

(f) For the purpose of 49 CFR 395.1(k), the planting and harvesting seasons during which transportation of agricultural commodities or farm supplies for agricultural purposes is conducted shall be deemed to run from January 1 through December 31 of each year.

(g) For the purpose of 49 CFR 395.8, a person exempted from 49 CFR 395.3 pursuant to the exclusion set forth in 49 CFR 395.1(k) must keep a daily record of the number of hours worked. The format of the daily record may be determined by the record keeper, so long as the format includes a provision for entry of hours worked by calendar day. The daily record must be retained for a period of six months from initial entry date. Payroll records or time sheets may be used for this purpose, if they are updated on a daily basis.

(1) Any commercial motor vehicle or motor carrier subject to regulation by the department under 61-10-154, MCA, shall comply with and the department adopts by reference the following portions of the Federal Motor Carrier Safety Regulations of the U.S. Department of Transportation, subject to the provisions of (2). The regulations adopted are 49 CFR part 373, 49 CFR part 375, 49 CFR parts 377 through 379, 49 CFR part 382, 49 CFR part 383, 49 CFR part 385, 49 CFR part 386 subpart F – Injunctions and Imminent Hazards, 49 CFR part 387, 49 CFR parts 390 through 399, and Appendix G to subchapter B of chapter III, Title 49 of the Code of Federal Regulations, as updated through April 8, 2021. Copies of the regulations may be obtained from the U.S. Government Printing Office, 732 North Capitol Street, NW, Washington, DC 20401-0001, or at www.gpo.gov.

(2) The federal regulations incorporated by reference are subject to the following modifications:

(a) For purposes of 49 CFR part 385, the safety investigation applied to intrastate carriers will be referred to as an "intrastate safety investigation." The department will conduct intrastate safety investigations in compliance with ARM 18.8.1506.

(b) 49 CFR part 387, subpart A, 387.7 and 387.9 apply to for-hire motor carriers operating in interstate or foreign commerce and motor carriers transporting hazardous material. Section 61-6-103, MCA, establishes the minimum level of financial responsibility for for-hire motor carriers transporting nonhazardous material intrastate. 

(c) With respect to 49 CFR 390.19, an intrastate motor carrier must complete a "Motor Carrier Identification Report" (form MCS-150) at the following times:

(i) before the carrier begins operation; and

(ii) every 24 months thereafter, in accordance with the schedule in 49 CFR 390.19.

(d) For the purpose of 49 CFR 390.21, the department will assign a United States Department of Transportation (USDOT) number to each intrastate motor carrier and that number, in addition to the name or trade name of the motor carrier, must be marked on each self-propelled commercial motor vehicle operated by the carrier in the same manner as is required of a federally issued USDOT number except:

(i) The motor carrier is required to mark each vehicle subject to these regulations with the assigned "USDOT" number immediately followed by the state abbreviation "MT."

(e) Part 391 is subject to the age and physical qualification provisions of ARM 23.3.505 and 23.3.506 for those individuals operating under a type 2 commercial driver's license and not engaged in "interstate commerce," as defined in 49 CFR part 391.

(f) For the purpose of 49 CFR 395.1(k), the planting and harvesting seasons during which transportation of agricultural commodities or farm supplies for agricultural purposes is conducted shall be deemed to run from January 1 through December 31 of each year.

(g) For the purpose of 49 CFR 395.8, a person exempted from 49 CFR 395.3 pursuant to the exclusion set forth in 49 CFR 395.1(k) must keep a daily record of the number of hours worked. The format of the daily record may be determined by the record keeper, so long as the format includes a provision for entry of hours worked by calendar day. The daily record must be retained for a period of six months from initial entry date. Payroll records or time sheets may be used for this purpose, if they are updated on a daily basis.

(h) For purposes of 49 CFR 396.9, a Commercial Vehicle Safety Alliance (CVSA) Level I, II, III, and V inspection performed by a certified officer or investigator requires the driver’s presence and participation to complete the safety inspection of the driver and motor vehicle. 

(1) A commercial motor vehicle, motor carrier, or hazardous materials shipper shall comply with and the department adopts by reference the following federal regulations of the U.S. Department of Transportation concerning the transportation of hazardous materials: 49 CFR part 107, 49 CFR part 171, 49 CFR part 172, 49 CFR part 173, 49 CFR part 177, 49 CFR part 178, and 49 CFR part 180. The regulations adopted may be found in the Code of Federal Regulations, Title 49, chapter I, subchapters B and C, as updated through April 8, 2021. Copies may be obtained from the U.S. Government Printing Office, 732 North Capitol Street, NW, Washington, DC 20401-0001, or at www.gpo.gov.

(1) The safety inspection program implemented by the U.S. Department of Transportation is intended to focus on those driver-related and mechanical factors most often responsible for crashes involving trucks, passenger carriers, and hazardous material transporters and is designed to remove potentially unsafe drivers and imminently hazardous vehicles from Montana's highways.

(2) In addition to the federal regulations adopted in ARM 18.8.1502, the safety inspection program will follow Commercial Vehicle Safety Alliance (CVSA), North American Standard Out-of-Service Criteria (April 1, 2021), incorporated by reference. A copy of the North American Standard Out-of-Service Criteria may be obtained from the Commercial Vehicle Safety Alliance, 6303 Ivy Lane, Suite 310, Greenbelt, MD 20770-6319 or at www.cvsa.org.

(3) For purposes of this program, inspection may be waived for any vehicle subject to inspection and bearing a CVSA inspection decal issued by state or province using CVSA out-of-service criteria within the preceding 90 days, as identified by color code and corner trimming.

(1) The department shall implement a commercial vehicle safety program to assume responsibility for improving motor carrier safety and enforcing safety standards under federal regulations adopted by reference in ARM 18.8.1502 and state standards found in Montana statutes and administrative rules.

(2) The commercial vehicle safety program shall conduct safety inspections and investigations of hazardous material shippers, for-hire motor carriers, private motor carriers, or any motor vehicle or vehicle combination as defined in 61-10-154, MCA, when the vehicle is used in interstate or intrastate commerce in Montana.

(3) The department shall designate motor carrier services officers as peace officers under 61-10-154, MCA, with authority to conduct the following safety program activities:

(a) Enforce the provisions of Title 49, USC, and the federal regulations that have been adopted under Title 49 in the Code of Federal Regulations;

(b) Enforce the provisions of the Commercial Vehicle Safety Alliance (CVSA), North American Out-of-Service Criteria, as incorporated by reference in ARM 18.8.1505;

(c) Conduct roadside inspections of commercial motor vehicles for compliance with federal and state safety requirements;

(d) Conduct investigations of commercial motor carriers or hazardous materials shippers for compliance with federal and state safety requirements or hazardous materials requirements, including right of entry for investigations at the commercial motor carriers' place of business;

(e) Require production of documents relating to the commercial motor carrier and commercial motor vehicle safety regulations adopted under administrative rules;

(f) Issue citations and make arrests in connection with violations of safety standards adopted under these administrative rules; and

(g) All other reasonable activities allowed by federal statutes or regulations, or by state statutes, or administrative rules related to safety inspections and investigations.

(4) The department shall designate civilian safety inspectors, with authority to conduct the following safety program activities:

(a) Enforce the provisions of Title 49, USC, and the federal regulations that have been adopted under Title 49 in the Code of Federal Regulations;

(b) Enforce the provisions of the Commercial Vehicle Safety Alliance (CVSA), North American Out-of-Service Criteria, as incorporated by reference in ARM 18.8.1505;

(c) Conduct roadside inspections of commercial motor vehicles for compliance with federal and state safety requirements;

(d) Conduct investigations of commercial motor carriers or hazardous materials shippers for compliance with federal and state safety requirements or hazardous materials requirements, including right of entry investigations at the commercial motor carriers' place of business;

(e) Require production of documents relating to the commercial motor carrier and commercial motor vehicle safety regulations adopted under administrative rules;

(f) Refer violations and violators to designated motor carrier services officers or Montana Highway Patrol (MHP) officers for issuance of citations and performance of arrests in connection with violations of safety standards adopted under these administrative rules; and

(g) All other reasonable activities allowed by federal statutes or regulations, or by state statutes, or administrative rules related to safety inspections and investigations.

(5) The department shall coordinate with MHP for MHP officer enforcement of the federal and state safety regulations adopted in Montana. MHP officers shall have authority to conduct all of the following safety program activities:

(a) Enforce the provisions of Title 49, USC, and the federal regulations that have been adopted under Title 49 in the Code of Federal Regulations;

(b) Enforce the provisions of the Commercial Vehicle Safety Alliance (CVSA), North American Out-of-Service Criteria, as incorporated by reference in ARM 18.8.1505;

(c) Conduct roadside inspections of commercial motor vehicles for compliance with federal and state safety requirements;

(d) Conduct investigations of commercial motor carriers or hazardous materials shippers for compliance with federal and state safety requirements, or hazardous materials requirements, including right of entry for investigations at the commercial motor carriers' place of business;

(e) Require production of documents relating to the commercial motor carrier and commercial motor vehicle safety regulations adopted under administrative rules;

(f) Issue citations and make arrests in connection with violations of safety standards adopted under these administrative rules; and

(g) All other reasonable activities allowed by federal statutes or regulations, or by state statutes, or administrative rules related to safety inspections and investigations.