(1) Notwithstanding all other rule provisions concerning commercial driver's
licenses, the department will issue a seasonal commercial driver's license
(CDL) to those qualified employees working in farm-related service industries.
A person seeking a seasonal CDL must be employed in one of the following
farm-related service areas:
(a) custom harvesters;
(b) farm retail outlets and suppliers;
(c) agri-chemical businesses;
(d) livestock feeders.
seasonal CDL will be issued without the knowledge and skill testing normally
required of any applicant for a CDL. The specific requirements for obtaining a
seasonal CDL are detailed within this rule and take the place of the normal
knowledge and skill testing requirements.
(2) The requirements for a seasonal CDL which, in effect, substitute for the
knowledge and skills tests, are as follows:
(a) Applicants must have a "good driving record" in accordance with the federal requirements found in 49 CFR 383.77. These specific requirements are found in subsection (3) of this rule. Drivers who have not held any motor vehicle operators license for at least one year will not be eligible for the seasonal CDL. Drivers who have between one and two years of driving experience must demonstrate the "good driving record" requirements for their entire driving history. Drivers with more than two years of driving experience must meet the "good driving record" requirements for the two most recent years. All applicants for a seasonal CDL must possess a Montana driver's license.
(b) Seasonal CDL's will have the same renewal cycle (four years) as a regular CDL but will only be valid for the operation of a commercial motor vehicle for the time period of March 15 through September 11 in any given calendar year. The seasonal CDL must be revalidated each year for seasonal use by confirming the "good driving record" requirements. The seasonal CDL may be used throughout the year for the operation of motor vehicles not defined as commercial motor vehicles.
(c) Seasonal CDL holders are limited to operating class B and C vehicles only.
(d) Seasonal CDL holders may not drive vehicles carrying any placarded quantities of hazardous materials, except for diesel fuel in quantities of 1000 gallons or less transported only in vehicles with a total capacity of 1,000 gallons or less; liquid fertilizers (i.e., plant nutrients) in vehicles or implements of husbandry with total capacities of 3,000 gallons or less; and solid fertilizers (i.e., solid plant nutrients) that are not transported with any organic substances.
(e) Seasonal CDL holders may not operate a commercial motor vehicle beyond 150 miles from the place of business or the farm currently being served.
(f) Applicants intending to operate wholly in intrastate commerce must meet the eligibility requirements found in ARM 23.3.505, 23.3.506 and 23.3.507. Applicants intending to operate in interstate commerce must meet the eligibility requirements found in ARM 23.3.503 and 23.3.504.
(g) The fee for a seasonal CDL is $14.00.
(3) The "good driving record" requirements are:
(a) No multiple licenses;
(b) No driver's license suspensions, revocations, or cancellations of any kind;
(c) No convictions in any type of motor vehicle for driving under the influence of alcohol or drugs, leaving the scene of an accident, or committing any felony involving a motor vehicle;
(d) No convictions whatsoever (in any type of motor vehicle for serious
traffic violations (i.e., speeding at 15 miles per hour greater than the posted
limit; reckless driving; improper or erratic lane changes; following too
(e) No convictions for accident-connected traffic law violations, and no
record of at-fault accidents.
(4) Applicants must provide the department with a driving record sufficient
to verify the "good driving record" requirements.
(5) Seasonal CDL holders will be subject to disqualification and license
suspension or revocation under the same terms and conditions as any other CDL
holder. These terms and conditions are
found in Title 61, chapter 8, part 8, MCA.
In addition, any violation of the "good driving record"
requirements will result in the immediate suspension of the seasonal CDL.