BEFORE THE DEPARTMENT OF TRANSPORTATION

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 18.8.431, 18.8.1502, 18.8.1503, and 18.8.1505 pertaining to Motor Carrier Services Maximum Allowable Weight and Safety Requirements

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NOTICE OF AMENDMENT

 

TO: All Concerned Persons

 

1. On April 29, 2022, the Department of Transportation published MAR Notice No. 18-188 pertaining to the proposed amendment of the above-stated rules at page 553 of the 2022 Montana Administrative Register, Issue Number 8.

 

2. The department has amended the following rules as proposed: ARM 18.8.431, 18.8.1502, 18.8.1503, and 18.8.1505.

 

           3. The department has thoroughly considered the comments received.  A summary of the comments received and the department's responses are as follows:

 

COMMENT #1: MDT received one comment asking whether the proposed changes to ARM 18.8.431 will affect any of the current carriers on these routes.

 

RESPONSE:  There will be no impact to current carriers operating on these routes.

 

COMMENT #2:  MDT received one comment that the adoption of 49 CFR part 393.11(b) Conspicuity Markings does not directly affect the safety on Montana's highways and that it be excluded from this adoption.

 

RESPONSE:  MDT is obligated under federal law to adopt safety regulations for interstate commercial motor vehicles operating in the state of Montana.  Omitting this requirement under the regulation for interstate commercial vehicles would create confusion for inspecting officers and the operators of commercial motor vehicles, and lead to administrative problems wherein Montana motor carriers could receive a clean inspection while operating in Montana but receive a violation during an inspection in another state. The current proposed rule makes no changes to the federal regulations regarding 49 CFR 393.11(b)

 

COMMENT #3: MDT received one comment that the adoption of 49 CFR part 393.11 Table 1 #11 – License Plate Lights does not directly affect safety on Montana's highways and that it be excluded from this adoption. 

 

RESPONSE: See response to Comment #2 above. The current proposed rule makes no changes to the federal regulations regarding 49 CFR 393.11 Table 1 #11.

 

COMMENT #4: MDT received one comment that the adoption of 49 CFR part 393.11 Table 1 #14 – Backup Lights does not directly affect safety on Montana's highways and that it be excluded from this adoption. 

 

RESPONSE: See response to Comment #2 above. The current proposed rule makes no changes to the federal regulations regarding 49 CFR 393.11 Table 1 #14.

 

COMMENT #5: MDT received one comment that the adoption of 49 CFR part 393.60(c)(2) Windshield Condition does not directly affect safety on Montana's highways and that it be excluded from this adoption. 

 

RESPONSE: See response to Comment #2 above. The current proposed rule makes no changes to the federal regulations regarding 49 CFR 393.60(c)(2).

 

COMMENT #6: MDT received one comment that the adoption of 49 CFR part 393.76(e) Bedding in Sleeper does not directly affect safety on Montana's highways and that it be excluded from this adoption. 

 

RESPONSE: See response to Comment #2 above. The current proposed rule makes no changes to the federal regulations regarding 49 CFR 393.76(e).  Additionally, MCS has not noted this violation on roadside level 1 or 2 inspections in the past three years.  

 

COMMENT #7: MDT received one comment that solo drivers and day use should be exempt from the adoption of 49 CFR part 393.76(h) Sleeper Occupant Restraint. 

 

RESPONSE: See response to Comment #2 above. The current proposed rule makes no changes to the federal regulations regarding 49 CFR 393.76(h).

 

 

/s/ Valerie A. Balukas                                  /s/ Malcolm "Mack" Long               

Valerie A. Balukas                                       Malcolm "Mack" Long

Alternate Rule Reviewer                             Director

                                                                    Department of Transportation

 

Certified to the Secretary of State June 14, 2022.