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(1) A vehicle used for the driving portion of a commercial motor vehicle operator's endorsement examination must be in safe operating condition, properly registered, insured, and, if loaded, have the load properly secured.

(2) An examination will be denied if:

(a) the vehicle is loaded with any hazardous material;

(b) the vehicle is improperly or illegally loaded;

(c) the vehicle has defective brakes, determined as follows:

(i) absence of braking action upon application of the service brakes;

(ii) observably missing, loose, or broken mechanical components;

(iii) audible air leak at brake chamber;

(iv) unbalanced steering axle braking, observable during operation when the vehicle or a component of the vehicle swerves noticeably upon application of the service brake;

(v) no brakes on the vehicle or combination of vehicles are applied upon activation of the parking brake system;

(vi) a low pressure warning device that is missing or inoperative at 55 PSI and below;

(vii) any hydraulic brake system which has:

(A) no pedal reserve with engine running, except by pumping pedal;

(B) a brake failure or low fluid warning light on;

(d) the vehicle has any frame member that is:

(i) cracked, loose, or broken so as to adversely affect support of functional components such as steering gear, fifth wheel, engine, transmission, suspension, or body parts;

(ii) cracked, loose, sagging, or broken, permitting shifting of the body onto moving parts or other condition indicating imminent collapse of the frame;

(e) the vehicle exhibits any condition, including loading, that causes the body, frame, or load to be in contact with a tire or any part of a wheel assembly;

(f) the vehicle's tires are:

(i) worn to the point that any part of the breaker strip or casing ply is showing in the tread area;

(ii) labeled "not for highway use";

(iii) flat, or noticeably leaking;

(g) the vehicle's wheels and rims are bent, broken, cracked, improperly seated, or sprung, or have mismatched lock or side rings;

(h) the vehicle is not currently registered;

(i) the vehicle is not currently insured, or does not have a valid insurance certificate;

(j) the vehicle is not in running condition sufficient to complete the driving test.

History: Sec. 61-5-112, 61-5-117, 61-5-125 MCA; IMP, Sec. 61-5-110, 61-5-112 MCA; NEW, 1988 MAR p. 62, Eff. 1/15/88.

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