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(1) If an MCS officer determines that the transporter, consignor, or consignee is not a licensed fuel distributor in the state of Montana, and the transporter, consignor, or consignee is listed on the warning list, the MCS officer shall issue a notice to appear to the transporter, consignor, or consignee for violation of 15-70-402, MCA, for improperly importing fuel. Upon conviction, the company's name must be placed on the seizure list.

(2) If an MCS officer determines that a load of fuel should be seized, the officer shall first obtain verification and approval from one of the department officials in the following order of precedence:

(a) Administrator, administration division;

(b) Administrator, motor carrier services division;

(c) Chief of the compliance bureau, Motor Carrier Services Division; or

(d) Area captain, Motor Carrier Services Division.

(3) Upon obtaining approval to seize a load of fuel, an MCS officer shall escort the load to the nearest location designated by the department official authorizing seizure.

(4) If the operator of the transport tanker carrying the seized fuel refuses to operate the vehicle and unload it at the location designated by the MCS officer, the officer shall:

(a) Notify the transport company of the seizure and give it 12 hours to provide another driver to operate the vehicle and unload the tanker at the location specified by the MCS officer; or

(b) Request that a towing company tow the entire tanker to the towing company's location to be impounded at the towing company's lot by the MCS officer.


History: 15-70-104, MCA; IMP, 15-70-419, MCA; NEW, 1998 MAR p. 964, Eff. 4/17/98; AMD, 2001 MAR p. 2143, Eff. 10/26/01; TRANS & AMD from ARM 18.11.102, 2016 MAR p. 1849, Eff. 10/15/16.

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