(1) All operators of commercial tow truck equipment in the state of Montana who wish to participate in the state law enforcement rotation system must have their tow trucks classified.  In order to have a tow truck classified, an operator must submit a request for classification to the patrol.  This request must contain the following:

(a) the operator's name, address, and telephone number;

(b) the tow truck's serial number and base of operations;

(c) appropriate proof of the tow truck's weight rating; and

(d) an affidavit of use, if required.

(2) In order to meet the requirements of (1) (c) above, all operators of commercially manufactured tow truck equipment must submit to the department proof of the manufacturer's rating of their tow truck(s) .  If the tow truck's nomenclature plate is not available for inspection by the patrol, the operator must obtain written documentation of the weight rating from the manufacturer and submit it to the patrol.

(3) In order to meet the requirements of (1) (c) and (d) above, all operators of noncommercially manufactured or modified tow truck equipment must:

(a) have their equipment classified by the department if the equipment was in service on or before October 1, 1995; or

(b) have their equipment independently classified if the equipment was placed in service after October 1, 1995.

(4) Any structural modification to noncommercially manufactured or modified tow truck equipment must be independently rated.

(5) Upon receipt of an operator's request for classification of his or her equipment, the patrol shall set and inform the operator of a time for inspecting and classifying the equipment.

(6) Upon completion of the classification inspection, the patrol shall inform the operator in writing of the results of the classification; in addition, the patrol shall inform the operator that the operator disputes the classification of its equipment.

History: 61-8-911, MCA; IMP, 61-8-905, MCA; NEW, 1996 MAR p. 3134, Eff. 12/6/96; AMD, 2003 MAR p. 2628, Eff. 11/27/03.