the context indicates otherwise, the words and phrases in this subchapter have
the definitions set forth in this rule.
(1) "Department" means the Montana department of justice, unless
otherwise specifically stated.
means the division of motor vehicles, unless otherwise specifically stated.
means the driver services bureau, unless otherwise specifically stated.
means an employee of the bureau, assigned to perform the duties of examining drivers.
motor vehicle" means all vehicles or combinations of vehicles with a GCVWR
of 26,001 lbs. or more, a school bus, or any other bus capable of hauling more
than 15 passengers including the driver, or a vehicle used to transport hazardous
materials if the vehicle transports such materials in a quantity requiring the
display of hazardous materials placards under federal hazardous materials
regulations, i.e., the vehicle has a GVWR of 10,001 lbs. or more. Any vehicle
registered as a "farm vehicle" and paying the 16% gross vehicle
weight fee is not considered a commercial motor vehicle. A recreational vehicle
or R.V. is not considered a commercial motor vehicle unless it is used for
(6) "Disqualification" is a status in which the holder of a commercial
driver's license is no longer authorized to operate commercial vehicles as
provided in 49 C.F.R., part 391.
license" or "class D license" means a license to operate normal
passenger cars, light trucks, and other vehicles which are not commercial motor
(8) "Endorsement" means an endorsement on
a driver's license indicating that the driver meets the qualifications required
to operate a vehicle other than a normal passenger car or light truck.
(a) "Commercial vehicle operator's endorsements" are issued in two
types as follows:
(i) a "type 1 endorsement" authorizes
operation of a commercial motor vehicle in interstate commerce;
(ii) a "type 2 endorsement" authorizes
operation of a commercial motor vehicle within the state of Montana but does
not include vehicles operated solely within the state of Montana which are
engaged in "interstate commerce" as defined in 49 C.F.R., part 391.
(b) "Hazardous materials endorsement" is
a separate endorsement required of all hazardous materials haulers and may
accompany a type 1 or type 2 endorsement in class A, B or C.
(c) "Tank endorsement" is a separate
endorsement required of all drivers who transport bulk liquid materials in
tanks permanently or temporarily attached to the vehicle but shall not include
portable tanks having a rated capacity under 1,000 gallons. The tank
endorsement may accompany a type 1 or type 2 endorsement in class A, B, or C.
(d) "Passenger endorsement" is a separate
endorsement required of all drivers who carry passengers while operating buses
as described in item (9) classifications herein, and may accompany a type 1 or
type 2 endorsement in class A, B, or C.
(e) Double/triple endorsement is a separate
endorsement required of all drivers who pull double or triple trailers and may
accompany a type 1 or type 2 endorsement in class A.
(9) "Classifications." Each type 1 or
type 2 endorsement is classified as to the type of vehicle authorized to be
driven, as follows:
(a) "Class A" authorizes driving any
combination of two or more vehicles, including articulated buses with a GCVWR
exceeding 26,001 lbs. and also all vehicles authorized to be driven under class
B and C or with a regular driver's license (class D) ;
(b) "Class B" authorizes driving any
single vehicle in excess of 26,001 1bs. GVWR, or any such vehicle towing a
vehicle not in excess of 10,000 lbs. GVWR, or any bus which exceeds 26,001 lbs.
GVWR and is capable of carrying more than 15 passengers including the driver,
and all vehicles under class C and vehicles authorized to be driven with a
regular driver's license (class D) ;
(c) "Class C" authorizes driving any single vehicle less than 26,001 lbs.
GVWR or any such vehicle towing a vehicle not in excess of 10,000 lbs. GVWR
when the vehicle(s) are or must be placarded for hazardous materials under the
provisions of 49 C.F.R., part 172, or any bus in this weight class capable of
carrying more than 15 passengers including the driver and any vehicle
authorized to be driven with a regular driver's license (class D) .
(10) "Gross Vehicle Weight Rating" (abbreviated GVWR) means the
manufacturer's rated capacity for the vehicle in question, or the current
registered gross vehicle weight, whichever is greater.
(11) "Gross Combined Vehicle Weight Rating" (abbreviated GCVWR) means the
total of the combined manufacturer's weight ratings, or the total of the
combined current registered gross vehicle weights, whichever is greater, of all
vehicles operated as a combination unit.
(12) "Hazardous material" means any material listed in the federal
Hazardous Materials Tables, 49 C.F.R., part 172.
(13) "Placards, or hazardous materials placards" are defined and required
as provided in the federal Hazardous Materials Communications Regulations, 49
C.F.R., part 172.
(14) "Medical certificate" means the medical certificate described in
federal regulations, 49 C.F.R., part 391.43.
(15) "Medical statement" means a statement prepared by the
driver/applicant regarding his medical condition.
(16) "Nonresident commercial driver's license" means a commercial driver's
license issued by the state to an individual who resides in a foreign country.
(17) "Certificate of employment/experience" means a certificate completed
by the applicant's employer, or the applicant in the case of an owner/operator,
stating the applicant's length of employment, the type(s) of vehicles operated,
and the amount of experience in each type of vehicle if more than one.
(18) "One license affidavit" means an affidavit completed by the applicant
certifying that the applicant is not licensed in any other jurisdiction.
(19) "Out of service" means an order to preclude further operation of a
commercial motor vehicle by its driver for a specified period of time or until
a required condition is met.
(20) "Residence for the purpose of obtaining a commercial driver's
license" means any licensed commercial motor vehicle operator who has
resided in this state for a period exceeding 30 days is considered to be a
resident for the purpose of being licensed to operate a commercial motor
vehicle and must thereafter be licensed under the laws of the state before
operating a commercial motor vehicle.
waiver or exemption" means the waiver or exemption described in federal
regulations, 49 C.F.R., parts 391.49, 391.61.