BEFORE THE DEPARTMENT OF TRANSPORTATION
OF THE STATE OF MONTANA
In the matter of the amendment of 18.8.510A, pertaining to motor carrier services
NOTICE OF PROPOSED AMENDMENT
NO PUBLIC HEARING CONTEMPLATED
TO: All Concerned Persons
1. On April 29, 2013, the Department of Transportation proposes to amend the above-stated rule.
2. The Department of Transportation will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact Department of Transportation no later than 5:00 p.m. on April 18, 2013, to advise us of the nature of the accommodation that you need. Please contact Dan Kiely, Motor Carrier Services, Department of Transportation, P.O. Box 4639, Helena, Montana, 59604-4639; telephone (406) 444-7629; fax (406) 444-9263; TDD (406) 444-7690 or (800) 335-7592; or e-mail email@example.com.
3. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:
18.8.510A REGULATIONS AND EQUIPMENT FOR FLAG VEHICLES
(1) A flag vehicle may be any passenger car or two axle truck a minimum of 60 inches wide. The maximum manufacturer's rating for the flag vehicle shall not exceed a gross vehicle weight rating of
10,000 pounds to 14,000 pounds. Service or mechanic trucks owned or contracted by the permittee and used as a flag vehicle shall not exceed a gross vehicle weight rating of 26,001 pounds. A flag vehicle may not exceed legal limits of size and weight. Trucks used as flag vehicles shall be clearly distinguished from and identifiable as the escort vehicle. A flag vehicle may pull a trailer or carry any item or equipment which:
(a) remains the same.
(b) allows an unobstructed view of the flashing lights and signs used by the flag vehicle;
(c) and (d) remain the same.
(2) Service or mechanic trucks used as a flag vehicle must not have a utility box which extends above the cab more than 12 inches or beyond the width of the cab more than 6 inches on either side.
(2)(3) A sign with the words "oversize load" or similar wording shall be visible from the front of the vehicle and rear of the vehicle at all times when piloting an oversize load. Letters shall not be less than 8 inches in height. The letters shall be dark in color on a light colored background. When not being operated as a flag vehicle, signs must be removed.
(3)(4) Flashing amber lights, visible front and rear, a minimum of five inches in diameter, 50 candlepower, 60 to 90 flashes per minute, shall be mounted at each end of a "wide load" sign with the words "oversize load" or similar wording, on the roof of the flag vehicle. A revolving or strobe light may be substituted for flashing lights. Lights shall be flashing at all times when piloting an oversize load.
(4) and (5) remain the same but are renumbered (5) and (6).
AUTH: 61-10-155, MCA
IMP: 61-10-102, 61-10-121, 61-10-122, 61-10-123, 61-10-124, MCA
REASON: The proposed amendment is necessary to clarify that the use of service or mechanic trucks as flag vehicles is allowed under certain restrictions on gross vehicle weight, etc. The Motor Carriers of Montana indicated a need to have regulation allowing use of these types of vehicles as flag vehicles, under restrictions contained in administrative rule. The proposed amendments will also clarify other rule language to avoid confusion and make the language consistent internally.
4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Dan Kiely, Motor Carrier Services, Department of Transportation, P.O. Box 4639, Helena, Montana, 59604-4639; telephone (406) 444-7629; fax (406) 444-9263; or e-mail firstname.lastname@example.org, and must be received no later than 5:00 p.m., April 25, 2013.
5. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Dan Kiely at the above address no later than 5:00 p.m., April 25, 2013.
6. If the agency receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those directly affected has been determined to be 9,570 persons based on the 95,702 permits issued in the 2012 calendar year.
7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 4 above or may be made by completing a request form at any rules hearing held by the department.
8. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of this notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.
9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
/s/ Carol Grell Morris /s/ Michael T. Tooley
Carol Grell Morris Michael T. Tooley
Rule Reviewer Director
Department of Transportation
Certified to the Secretary of State March 18, 2013.