23.3.505 ELIGIBILITY FOR TYPE 2 ENDORSEMENT
(1) A person is eligible to receive a type 2 endorsement if the person:
(a) is at least 18 years of age;
(b) can safely operate the type of commercial motor vehicle driven;
(c) can determine whether the cargo he/she transports (including baggage in a passenger carrying vehicle) has been properly placed, distributed, and secured in or on the commercial motor vehicle driven;
(d) is familiar with methods and procedures for securing cargo in or on the commercial motor vehicle driven;
(e) is physically able to meet the requirements of ARM 23.3.504(1) and (2) or, if unable to meet those requirements, meets the requirements of ARM 23.3.506 and complies with ARM 23.3.507;
(f) has been issued a currently valid Montana driver's license;
(g) is not otherwise ineligible to operate a motor vehicle;
(h) has successfully completed the required driving examination (or presented a certificate of employment/experience in the case of an exchange or conversion);
(i) has, in the case of a new applicant, successfully completed a written examination appropriate to the class or type of endorsement applied for.
(j) certifies that he/she operates solely in intrastate activities and that he/she is not subject to 49 C.F.R., part 391.
(2) A person is ineligible to receive a type 2 endorsement if:
(a) the person has less than 12 months licensed driving experience;
(b) the person is disqualified or has committed violations which would disqualify him or her under federal regulation, 49 C.F.R., part 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 2 endorsement of a person who is disqualified under these rules or federal regulations is invalid for the period of ineligibility, and the driver 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 61-5-201, MCA.
History: 61-5-112, 61-5-125, MCA; IMP, 61-5-104, 61-5-105, 61-5-110, 61-5-111, 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; AMD, 1990 MAR p. 2114, Eff. 11/30/90; AMD, 2014 MAR p. 117, Eff. 1/17/14.