(1) A person is eligible to receive a type 1 endorsement if the person:

(a) is at least 21 years old;

(b) can read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records;

(c) can safely operate the type of commercial motor vehicle driven;

(d) can determine whether the cargo transported (including baggage in a passenger carrying vehicle) has been properly placed, distributed, and secured in or on the commercial motor vehicle driven;

(e) is familiar with methods and procedures for securing cargo in or on the commercial motor vehicle driven;

(f) is physically qualified in accordance with ARM 23.3.504;

(g) has been issued a currently valid Montana driver's license;

(h) is not ineligible to drive a commercial motor vehicle under (2) of this rule.

(2) A person is ineligible to receive a type 1 endorsement if:

(a) the person has less than 24 months experience operating a commercial motor vehicle unless he or she presents a certificate of employment/experience from an employer licensed or authorized to do business in interstate commerce;

(b) the person is disqualified or has committed violations which would disqualify him or her under federal regulations, 49 C.F.R. 391.15;

(c) the person's endorsement is cancelled, suspended, or revoked under the laws of Montana;

(d) the person's driver's license is cancelled, suspended, or revoked by any state;

(e) the person's driver's license has been placed on a probationary status by the department for conviction(s) resulting from violation(s) occurring while the driver was operating a commercial motor vehicle;

(f) the person has had in his/her possession while operating a commercial motor vehicle more than one valid driver's license.

(3) The type 1 endorsement of a person who becomes ineligible under these rules or federal regulations is invalid for the period of ineligibility, and the person must submit his/her driver's license to the department for removal of the endorsement. Failure of the driver to submit the license for removal of the endorsement is grounds for cancellation of the endorsement under the provisions of section 61-5-201, MCA.

History: Sec. 61-5-112, 61-5-117, 61-5-125 MCA; IMP, Sec. 61-5-104, 61-5-105, 61-5-110 to 61-5-112, 61-5-201 MCA; NEW, 1988 MAR p. 62, Eff. 1/15/88; AMD, 1989 MAR p. 486, Eff. 4/28/89.