BEFORE THE DEPARTMENT OF TRANSPORTATION

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 18.8.101, 18.8.426, 18.8.508, 18.8.509, 18.8.510A, 18.8.510B, 18.8.511A, 18.8.511B, 18.8.602, and 18.8.901 and the repeal of ARM 18.8.902 and 18.8.1101 pertaining to Motor Carrier Services

) ) ) ) ) ) )

NOTICE OF PROPOSED AMENDMENT AND REPEAL   NO PUBLIC HEARING CONTEMPLATED

 

TO: All Concerned Persons

 

1. On August 10, 2020, the Department of Transportation proposes to amend and repeal the above-stated rules.

 

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 the Department of Transportation no later than 5:00 p.m. on August 3, 2020, to advise us of the nature of the accommodation that you need. Please contact Kaci Johnson, Department of Transportation, Motor Carrier Services Division, P.O. Box 201001, Helena, Montana, 59620-1001; telephone (406) 444-7205; fax (406) 444-9263; TTY Service (800) 335-7592 or through the Montana Relay Service at 711; or e-mail kacjohnson@mt.gov.

 

3. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

 

            18.8.101 DEFINITIONS  The following definitions shall apply throughout this chapter.

(1) "Calendar quarter" means a period of three consecutive months ending March 31, June 30, September 30, or December 31.

(2) "Commercial motor vehicle" means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle:

(a) has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight of 10,001 pounds or more;

(b) is designed or used to transport more than eight passengers (including the driver) for compensation;

(c) is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or

(d) is used in transporting material found by the U.S. Secretary of Transportation to be hazardous under 49 USC 5103 and transported in a quantity requiring placarding under regulation prescribed by the Secretary under 49 CFR, subtitle B, chapter 1, subchapter C.

(3) remains the same but is renumbered (2).

(4) "Construction equipment" means any vehicle, machine, or attachment designed or adapted for and used in construction, heavy construction, highway construction, or remodeling work, as defined in 61-10-102, MCA.

(5) "Continuous travel" means unrestricted hours of travel for certain vehicles or loads operating under special permits. Movement is allowed 24 hours per day, seven days per week, including holidays and holiday weekends.

(6) "Convoy" means a group of two to five vehicles or vehicle combinations which would individually require flag vehicles that are permitted to travel together with flag vehicles at the front and rear of the group.

(7) remains the same but is renumbered (3).

(4) "Department" means the Montana Department of Transportation.

(8) remains the same but is renumbered (5).

(9) "F.O.B. factory list price" and "F.O.B. port-of-entry list price" mean manufacturer's suggested retail price (MSRP), as determined by the Montana Department of Justice under ARM 23.3.802 for light vehicles, motor homes, motorcycles, quadricycles, and amphibious vehicles, if they are issued a license plate for highway use. For all vehicles over one ton, "F.O.B. factory list price" and "F.O.B. port-of-entry list price" mean manufacturer's suggested retail price or acquired cost, whichever is less.

(10) through (13) remain the same but are renumbered (6) through (9).

(10) "Permittee" means the person or entity to which a special permit has been issued.

(14) and (15) remain the same but are renumbered (11) and (12).

(16) "Red route" means those highways upon which certain hours of travel may be prohibited for vehicles or loads operating under special permits. The highways are listed on the "red route restrictions" map, which is available from the department's Motor Carrier Services Division, P.O. Box 4639, Helena, MT 59604.

(17) and (18) remain the same but are renumbered (13) and (14).

(15) "Super-load" means an oversize load exceeding dimensions of 18 feet wide, 150 feet long, and 17 feet high, and/or with weights requiring Department Bridge Bureau approval.

(19) "Telephonic permit" means a computer-generated special permit that is issued to a vehicle or load that originates in a location where the permit cannot be transmitted electronically or purchased in person. A vehicle or load that is operating on a telephonic permit is subject to all applicable statutes and administrative rules which apply to special permits.

(20) remains the same but is renumbered (16).

 

AUTH: 61-3-710, 61-10-155, MCA

IMP:  61-3-708, 61-3-709, 61-10-107, 61-10-121, 61-10-122, 61-10-123, 61-10-124, 61-10-125, 61-10-201, MCA

 

REASON:  The proposed amendments are necessary to deleted outdated and archaic terms which are no longer needed including "FOB," "red routes," and "telephonic permit."  Other terms are being deleted, as they are already defined in statute or administrative rule such as "commercial motor vehicle," "continuous travel," and "construction equipment."  Additional terms are being added as the terms are now used in the administrative rules including "permittee" and "super-load."

 

18.8.426 CUSTOM COMBINES (1) through (3) remain the same.

(4) Custom combine permits include height up to and including 14 15 feet 6 inches and width up to and including 15 feet, and length up to and including 95 feet.

(5) remains the same.

(6) A custom combine permit may be operated within 100 air mile radius from the harvested field to the point of first unloading.

(7) The oversize portion of custom combine permits is not valid for operations other than those specific to custom combines.

 

AUTH:  61-10-155, MCA

IMP:  61-10-121, 61-10-122, 61-10-124, 61-10-125, 61-10-141, 61-10-214, MCA

 

REASON: The proposed amendments are necessary because the 2016 Montana Legislature implemented a statutory change for height for term permits from 14 feet 6 inches to 15 feet 6 inches. The proposed amendment is also necessary to add clarification to 61-10-130(2), MCA, by defining 100-mile radius as air miles, consistent with other regulations.  The proposed amendment will also clarify the oversize portion of the custom combine permit is not valid for use outside of custom combine operations, such as operating double-trailer configurations for the remainder of the year.

 

            18.8.508 SELF-ISSUING PERMIT ONLINE PERMITTING  (1) Upon payment of fees, trip, or term, self-issuing special or GVW self-issued permits may be obtained from the Helena Motor Carrier Services office by utilizing the department's online permitting system, located at http://www.mdt.gov/business/mcs/. Permits may be issued for excess width, height, weight, and length provided the dimensions or weights do not require special approval, a vehicle weight analysis or a route analysis. These permits shall be completed for use as needed by the purchaser.

            (2) The permittee must insert all information on the permit form in order to validate the permit. If the permit is not filled out completely, it will be confiscated. Repeated failures to completely fill out information will result in the applicant being denied the privilege of using self-issuing permits.

            (2) Failure to provide accurate information may result in permit confiscation or suspension of online permitting privileges.

            (3) Any questions concerning self-issuing permits the department's online permitting system must be directed to the Motor Carrier Services Division, P.O. Box 4639, Helena, MT 59604-4639, (406) 444-6130.

 

AUTH:  61-10-155, MCA

IMP:  61-10-101, 61-10-102, 61-10-103, 61-10-104, 61-10-106, 61-10-107, 61-10-108, 61-10-109, 61-10-110, 61-10-113, 61-10-121, 61-10-122, 61-10-123, 61-10-124, 61-10-125, 61-10-126, 61-10-127, 61-10-128, 61-10-129, 61-10-130, 61-10-141, 61-10-142, 61-10-143, 61-10-144, 61-10-145, 61-10-146, 61-10-147, 61-10-148, MCA

 

REASON:  The proposed amendments are necessary because the self-issuing permit process rule language is outdated, and appropriate permits are now issued by utilizing MDT's online permitting system.

 

            18.8.509 GENERAL SPECIAL PERMIT RESTRICTIONS – SUPER-LOAD PERMIT (1) Unless otherwise provided for in statute or in these rules, permits issued under 61-10-121 through 61-10-125, MCA, are subject to have the following requirements.

            (2) remains the same.

            (3) A permit is not transferable upon change of ownership of a vehicle. If the owner of the vehicle for which a current permit has been issued replaces the vehicle, the department may transfer the permit to the new vehicle. A permit is transferable as provided in 61-10-121(1), MCA.

            (4) The original or legible copy of a computer-generated term permit must be carried in the assigned vehicle, unless the vehicle is being operated on a telephonic permit. A term permit issued to a Montana implement dealer, or a term permit issued on financial stationery or a self-issuing prepaid term permit must be the original document and carried in the assigned vehicle.

            (5) Resident implement dealers may purchase a term special permit for width, length, and height determined by the department, pursuant to the following criteria:

(a) two integrated implements of husbandry may be towed by truck or truck tractor;

(b) towing unit and driver must comply with safety requirements under 49 CFR 383, and 390 through 399;

(c) speed shall not exceed 35 mph; and

(d) travel is restricted to daylight hours.

           (6) Extreme caution in the operation of a motor vehicle shall be exercised when hazardous conditions such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke adversely affect visibility or traction. Speed shall be reduced when such conditions exist. The driver of any vehicle equipped with vehicular hazard warning lights may activate such lights whenever necessary to warn the operators of following vehicles of the presence of a traffic hazard ahead of the signaling vehicle, or to warn the operators of other vehicles that the signaling vehicle may itself constitute a traffic hazard. When conditions become sufficiently dangerous, the company or the operator shall discontinue operations, and operations shall not be resumed until the vehicle can be safely operated. No travel is allowed when a route has been placed under severe driving conditions as determined by the Department of Transportation. The Department of Transportation road report is available between November 1 and May 1, 24 hours a day by calling 511 or (800) 226-7623 and on the Department of Transportation web site at www.mdt511.com.

            (7) If any oversize or overweight movement by the permittee constitutes a hazard or is involved in an accident upon any highway in the state of Montana, such permittee shall be subject to additional restrictions at the discretion of the administrator of the M.C.S. Division for special permits for future use of the highways.

            (8) Convoys will not be allowed unless otherwise specified in these rules.

            (9) All vehicles shall comply with Montana licensing requirements.

            (10)  The total responsibility for protection of the public using the highway shall be assumed by the permittee.

            (11)  Vehicles operating under special permit are restricted to the posted speed limit unless a lower speed is required as a condition of the permit.

            (12) Unless otherwise specified in statute or in these rules, the following travel restrictions apply to vehicles operating under special permits:

            (a) continuous travel is allowed for vehicles or vehicle combinations with load to and including 10 feet wide, or 110 feet long, or 14 feet 6 inches high;

            (b) vehicles traveling at night must be equipped with lights the full width and length of the vehicle and load which are visible for not less than 500 feet under normal atmospheric conditions at night;

            (c) travel is allowed during daylight hours, seven days a week for the following vehicles and vehicle combinations:

            (i) a single vehicle exceeding 55 feet in length;

            (ii)  vehicles or vehicle combinations with load over 10 feet wide to and including 18 feet wide, over 110 feet long to and including 120 feet long, or over 14 feet 6 inches high to and including 18 feet high;

            (iii) no travel on holidays, holiday weekends and "red routes" from 3 p.m. Friday until sunrise Saturday and from 12 noon Sunday until sunrise Monday;

            (d) travel is allowed during daylight hours, five days a week for the following vehicles and vehicle combinations:

            (i) vehicles or vehicle combinations with load exceeding 18 feet wide, or 120 feet long, or 18 feet high;

            (ii)  no travel on Saturday, Sunday, holidays and holiday weekends, and "red routes" from 3 p.m. Friday until sunrise Monday.

(13) The Motor Carrier Services Division administrator or its designee may issue special permits for travel at night, on Saturdays and Sundays, and on holidays in the interests of safety or to minimize disruptions to the traveling public.

            (4) A legible copy of a printed or electronic permit must be carried in the assigned vehicle.

            (5)  Resident implement dealers operating under a special permit in accordance with 61-10-121(1)(b), MCA may have dimensions on an as-needed basis.

            (6) No travel is allowed when a route has been placed under severe driving conditions as determined by the department.

            (7) The carrier shall be liable for any damages to property caused by the permittee. Failure to correct damage to department property may result in revocation of permit privileges. Repairs not completed within a reasonable timeframe may be repaired by the department and costs billed to the permittee.

            (8) Unless otherwise specified in statute or rule, the following travel restrictions apply to vehicles operating under special permits:

            (a) Interstate highways – travel is allowed 24 hours per day, 7 days per week, up to 18 feet wide, including essential services within one-half mile of the interstate highway.

            (b) Non-interstate highways – travel is allowed 24 hours per day, 7 days per week, up to 10 feet wide, 150 feet long, or 15 feet 6 inches high.

            (c)  Holiday and holiday weekend travel on interstate highways is allowed 24 hours per day, 7 days per week, up to 18 feet wide, including essential services within one-half mile of the interstate highway.

            (d) Holiday and holiday weekend travel on non-interstate highways is allowed 24 hours per day, 7 days per week for loads up to 10 feet wide and/or 15 feet 6 inches high. Loads exceeding 10 feet wide and/or 15 feet 6 inches high, up to 12 feet 6 inches wide and/or 15 feet 6 inches high may travel during daylight hours only.

            (e)  When movement requires pilot vehicles, the permittee must not delay traffic in excess of 15 minutes.

            (9) Mobile home towing unit specific requirements include:

            (a)  A mobile home towing unit (toter) must be equipped with one or more dual-wheel drive axle or wide-based tire as defined in 61-10-107, MCA and have a wheelbase a minimum of 100 inches.

            (b)   When a manufactured home, double wide mobile home, modular home, or modular building has been assembled, the department may allow the building to be moved as one unit, with house-moving equipment, as a building, under a special permit.

            (10)  At the discretion of the MCS administrator or designee, any restricted travel may be waived.

            (11)  Loads which exceed 18 feet in width, 150 feet in length, 17 feet in height, or which require approval by the department's Bridge Bureau due to the weight, truck configuration, and/or route must apply for a super-load permit.  The department may impose conditions on the issuance of a complete super-load permit, including, but not limited to, requiring the permittee to:

            (a) obtain approval from local governments;

            (b) obtain all necessary permits;

            (c) obtain approval from affected utilities;

            (d) obtain insurance as required by ARM 18.8.801;

            (e) submit a travel plan and/or route survey;

            (f) provide notice to the traveling public of the movement of loads;

            (g) limit travel to specific days and/or hours;

            (h) refrain from traveling during inclement weather conditions; and

            (i) provide adequate traffic control personnel, equipment, and devices.

            (12)  Loads exceeding 18 feet wide up to 34 feet wide, 17 feet high up to 24 feet high, and/or 150 feet long up to 200 feet long, must obtain the appropriate department district administrator or designee approval of a completed super-load permit application.  The department's decision on a complete super-load application for these dimensions must be issued within two working days of a properly completed application submittal.

            (13)  Loads exceeding 34 feet wide, 24 feet high, and/or 200 feet long must obtain the appropriate department district administrator or designee approval of the super-load permit application. The department's decision on a super-load application for these dimensions must be issued within five working days of a properly completed application submittal.

 

AUTH:  61-10-129, 61-10-155, MCA

IMP:  61-10-121, 61-10-122, 61-10-123, 61-10-124, 61-10-125, MCA

 

REASON:  The proposed amendments are necessary because ARM 18.8.1101 (Movements of Houses, Buildings, Extremely Heavy Machinery, and Other Large and Unusual Objects) and 18.8.509 (General Permit Restrictions) are being consolidated into one rule. The proposed amendment to ARM 18.8.509(4) is necessary because this information is outdated and must be updated to refer to electronic permits.  Section (4) amendments will also clarify an original paper copy of the permit is no longer required if it can be viewed electronically. The proposed amendments to ARM 18.8.509(8) are necessary to re-define and update travel restrictions (including flag vehicle requirements, day/night travel, pilot vehicle requirements, night/day travel restrictions, and lights and signing restrictions, etc.) for both non-interstate and interstate highway travel.  The former ARM 18.8.509(12) "Red routes" will be eliminated and replaced with the updated travel restrictions.  The proposed amendments will move traffic delay restriction (the 10 minute rule) from ARM 18.8.1101 to 18.8 509(8)(e).  The proposed amendments to ARM 18.8.509(11), (12), and (13) are necessary because the former "32J Form" application is being replaced with a "super-load" application to match the industry standard.  Super-load is now defined in proposed ARM 18.8.101(15).  Super-load district administrator approval has been moved from ARM 18.8.1101 to ARM 18.8.509(12) and (13).

 

            18.8.510A REGULATIONS AND EQUIPMENT FOR FLAG PILOT VEHICLES (1) A flag pilot vehicle may be any passenger car or two-axle truck a minimum of 60 inches wide. The maximum manufacturer's rating for the flag pilot vehicle shall not exceed a gross vehicle weight rating of 14,000 pounds. Service or mechanic trucks owned or contracted by the permittee and used as a flag pilot vehicle shall not exceed a gross vehicle weight rating of 26,001 pounds. A flag pilot vehicle may not exceed legal limits of size and weight. Trucks used as flag pilot vehicles shall be clearly distinguished from and identifiable as the escort vehicle. A flag pilot 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 pilot vehicle;

            (c) and (d) remain the same.

      (2) Service or mechanic trucks used as a flag pilot 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.

            (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 black in color on a light yellow colored background with the exception of digital signs. When not being operated as a flag pilot vehicle, signs must be removed.

      (4) Flashing amber lights, visible 360 degrees, shall be mounted at each end of a sign with the words "oversize load" or similar wording, on the roof of the flag pilot vehicle. A revolving or strobe light may be substituted for flashing lights. Lights shall be flashing at all times when piloting an oversize load.

            (5) All flag pilot vehicles shall be equipped with two-way communication.

            (6) Flag Pilot vehicles must remain within 1,000 feet of the permitted vehicle or load.

 

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 amendments are necessary because "flag" vehicle is being changed to "pilot" vehicle to match industry standards.  Digital signage is added in ARM 18.8.510A(3) to update the rule for changing technology.  The proposed amendment to (3) will change the oversize load sign definition per industry standards.

 

            18.8.510B REGULATIONS AND EQUIPMENT FOR VEHICLES OR LOADS EXCEEDING 10 FEET WIDE OVERSIZE LOAD SIGNS (1) Vehicles exceeding 10 feet in width must:

            (a) Display A a sign with the words "OVERSIZE LOAD" or similar wording shall which must be mounted at any visible height on the front and rear of the load. Letters shall not be less than 8 inches in height. The letters shall be dark black in color on a light yellow colored background with the exception of digital signs.

            (2)(b) On the power unit, flashing amber lights, a minimum of five inches in diameter, 50 candlepower, 60 to 90 flashes per minute, shall be mounted at each end of the oversize load sign and visible 360 degrees. A revolving light or strobe light may be substituted for flashing lights. Lights shall be flashing at all times when moving an oversize vehicle or load.

            (3)(2) Flag Pilot vehicles may be required under ARM 18.8.511A in lieu of "oversize load" signs and flashing lights.

            (4)(3) Towing vehicles must be equipped with two-way radio communications if flag pilot vehicles are required under ARM 18.8.511A.

      (5) remains the same but is renumbered (4).

 

AUTH:  61-10-155, MCA

IMP:  61-10-121, 61-10-122, MCA

 

REASON:  The proposed amendments are necessary to change the oversize load sign definition per industry standards and add language on digital signage to update for technology purposes.  "Flag" vehicle has been changed to "Pilot" vehicle throughout.

 

            18.8.511A WHEN FLAG PILOT VEHICLES ARE REQUIRED (1) Unless otherwise specified in statute or this chapter, flag vehicles are required for vehicles operating under special permit if one or more of the following conditions apply:

            (a) when traveling on interstate highways:

            (i) width over 16.5 feet, one rear flag vehicle;

            (ii) length over 120 feet, one rear flag vehicle;

            (b) when traveling on noninterstate highways:

            (i) width over 12.5 feet, to and including 16.5 feet, one front flag vehicle;

            (ii) width over 16.5 feet, one front and one rear flag vehicle;

            (iii) length over 110 feet, one rear flag vehicle.

            (2) A rear flag vehicle escort is not required for a vehicle that exceeds 12 feet 6 inches in width, that is hauling or towing an implement of husbandry, construction as authorized by special permit if the vehicle is operating at highway speed or with the flow of traffic.

            (3) A vehicle or load not equipped as required in ARM 18.8.510B must use one front and one rear flag vehicle for all travel.

            (4) If a vehicle or load is not required to have a flag vehicle for interstate travel, and the permitted load is not subject to ARM 18.8.602, no flag vehicle is required for a radius of two miles of an interstate interchange.

           (1) Unless otherwise specified in statute, rule, or the terms of the special permit issued to the permittee, pilot vehicles are required if one or more of the following conditions apply:

           (a) Non-Interstate highways:

(i) Width – loads exceeding 12 feet 6 inches to 16 feet 6 inches must have one front pilot vehicle; width over 16 feet 6 inches, one rear pilot vehicle;

(ii) Width – loads exceeding 16 feet 6 inches to 18 feet must have one front and one rear pilot vehicle; length over 120 feet, one rear pilot vehicle;

(iii) Width – loads exceeding 18 feet to 24 feet must have at least two front and one rear pilot vehicles;

(iv) Width – loads exceeding 24 feet must have at least two front and two rear pilot vehicles;

(v) Length – loads exceeding 150 feet must have one rear pilot vehicle;

(vi) Length – loads exceeding 200 feet must have one front and one rear pilot vehicle.

(b) Interstate highways:

(i) Width – loads exceeding 16 feet 6 inches to 18 feet must have one rear pilot vehicle. Vehicles exempted under 61-10-102(2)(a), MCA may only travel during hours of darkness with one rear pilot vehicle;

(ii) Width – loads exceeding 18 feet must have at least two rear pilot vehicles side by side. Vehicles exempted under 61-10-102(2)(a), MCA may only travel during hours of darkness with two rear pilot vehicles;

(c) Height – loads exceeding 17 to 24 feet must have one front pilot vehicle equipped with a height pole and/or any other equivalent device detecting overhead dimensions.

(d) Height – loads exceeding 24 feet must have one front pilot vehicle equipped with a height pole and/or any other equivalent device detecting overhead dimensions and one rear pilot vehicle.

(2) In the event a load meets more than one of the criteria for the use of pilot vehicles, the criteria requiring the greatest number of pilot vehicles will determine the number of pilot vehicles necessary for travel.

(3)  A vehicle or load not equipped as required in ARM 18.8.510B must use one front and one rear pilot vehicle for all travel.

(4) If a vehicle or load is not required to have a pilot vehicle for interstate travel, and the permitted load is not subject to ARM 18.8.602, no pilot vehicle is required for a radius of two miles of an interstate interchange.

(5) Overweight vehicles must meet the additional pilot requirements in ARM 18.8.602.

(6) Additional pilot vehicles or traffic control plans may be required and must be approved by the department through the super-load application.

 

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 amendments are necessary because travel restrictions are being updated/changed.  The purpose of the change is to split out interstate and non-interstate restrictions to focus on the safety of the traveling public.  The proposed amendments will encourage interstate travel for wide loads and allow implements of husbandry the opportunity for night travel on the interstate.

 

            18.8.511B CONVOY MOVES OF OVERSIZE VEHICLES (1) Vehicles operating under a special permit conditions which require the use of flag vehicles may be moved in a convoy under the following conditions: may not travel in a convoy.

            (a) maximum width is 16.5 feet;

            (b) maximum vehicle length is 120 feet;

            (c) a convoy may not exceed five vehicles or vehicle combinations operating under special permit;

            (2) Vehicles up to 16 feet 6 inches in width or up to 120 feet in length may travel in a convoy under the following conditions:

            (a) a convoy may not exceed five vehicle combinations operating under a special permit;

            (d)(b) there shall be a minimum of 500 feet and a maximum of 1000 feet between all vehicles in a convoy;

            (e)(c) one properly equipped flag pilot vehicle is required at the front and rear of the convoy. In addition to the equipment required in ARM 18.8.510A, each escort vehicle shall be equipped with a sign stating "Oversize Load Convoy;"; and

            (f)(d)  loads operating under ARM 18.8.602 conditions are required to have a properly equipped flag person as specified in ARM 18.8.602 in each escort vehicle. may convoy with no more than two overweight loads.

 

AUTH:  61-10-155, MCA

IMP:  61-10-121, 61-10-122, 61-10-123, 61-10-124, 61-10-125, MCA

 

REASON:  The proposed amendments are necessary to add exceptions to convoy moves of oversize vehicles for larger loads.

 

            18.8.602 SPEED AND BRIDGE CROSSING CONDITIONS IMPOSED FOR EXCESSIVE OVERWEIGHT VEHICLES   (1) and (2) remain the same.

            (a)  vehicle must reduce speed to a maximum of 10 miles per hour before and while crossing the bridge, remain in driving lane, maintain at least two feet from the shoulder, and provide a minimum of one rear flag pilot vehicle, while other non-overweight traffic may travel simultaneously in all lanes; or

            (b) through (5) remain the same.

 

AUTH:  61-10-155, MCA

IMP:  61-10-121, 61-10-122, 61-10-124, 61-10-125, 61-10-141, MCA

 

REASON: The proposed amendments are necessary to change "flag" vehicle to "pilot" vehicle to match industry standards.

 

            18.8.901 CONFISCATION OF PERMITS (1) Any violation of state or federal law, rule or regulation, or any violation of a term or conditions of a special permit, will be is grounds for confiscation by an inspecting officer.

            (2)  A violation is considered as such whether it is violation of the laws of Montana, conditions attached to the permit, or the rules and regulations established by the department of transportation. Actions contrary to the rules of suspension as classified below will also be considered a violation.

            (3)  In each case where a violation of special permit is apparent to the inspecting officer, the violated portion of the permit will be confiscated. The inspecting officer will notify the M.C.S. office in Helena.

            (4) remains the same but is renumbered (2).

            (3) In addition to confiscation of a permit, the department may assess administrative penalties as follows:

            (a) First violation - re-issue new permit

            (b) Second violation - 24-hour suspension

            (c) Third violation - 30-day suspension

            (d) Fourth violation - 60-day suspension

            (e) Fifth violation - 90-day suspension

            (f) For violations exceeding the fifth, permits will be revoked.

            (4)  In order to protect the safety of the traveling public, permit privileges may be revoked by the administrator of the Motor Carrier Services Division for failure by the permittee to comply with any state or federal law, rule, regulation, or condition of a special permit. In making a determination whether to revoke permit privileges under this rule, the administrator shall take into consideration the nature and number of violations by the permittee as well as the need to protect the safety of the traveling public and the protection of personal and public property.

            (5)  Notice of administrative penalties or revocation of privileges shall:

            (a) be given in writing;

            (b) state the reason or reasons for revocation; and

            (c) advise the permittee of the right to appeal the decision to the Montana Transportation Commission.

 

AUTH:  61-10-155, MCA. This rule is advisory only but may be a correct interpretation of the law. IMPLIED, 61-10-121, 61-10-122, 61-10-143, MCA

IMP:  61-10-121, 61-10-122, 61-10-143, MCA

 

REASON:  The proposed amendments are necessary to combine ARM 18.8.901 and 18.8.902 into one rule to eliminate redundancy.

 

            4. The following rules are proposed to be repealed:

 

18.8.902 ADMINISTRATIVE PENALTIES

 

AUTH:  61-10-155, MCA

IMP:  61-10-121, 61-10-122, 61-10-123, 61-10-143, MCA

 

REASON:  The repeal is necessary because ARM 18.8.902 is being combined with ARM 18.8.901 to eliminate redundancy.

 

18.8.1101 MOVEMENT OF HOUSES, BUILDINGS, EXTREMELY HEAVY MACHINERY, AND OTHER LARGE AND UNUSUAL OBJECTS

 

AUTH:  61-10-155, MCA

IMP:  61-10-121, 61-10-122, 61-10-124, MCA

 

REASON:  The repeal of ARM 18.8.1101 is necessary because relevant portions of ARM 18.8.1101 are being combined with ARM 18.8.509 and 18.8.511A.  ARM 18.8.1101(1) through (11) have all been amended into ARM 18.8.509. Sections (12) through (14) have been amended into ARM 18.8.509; however, the 32J form name and class codes for 32Js are being eliminated. ARM 18.8.1101(15) has been amended into ARM 18.8.511A where pilot vehicle requirements are defined.  Section (16) has been amended into ARM 18.8.509. Section (17) is deleted since class codes are being eliminated.

 

5. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Kaci Johnson, Department of Transportation, Motor Carrier Services Division, P.O. Box 201001, Helena, Montana, 59620-1001; telephone (406) 444-7205; fax (406) 444-9263; TTY Service at (800) 335-7592 or the Montana Relay Service at 711; or email kacjohnson@mt.gov, and must be received no later than 5:00 p.m., August 7, 2020.

 

6. 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 Kaci Johnson at the above address no later than 5:00 p.m., August 7, 2020.

 

7. 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 763 persons based on the current 7638 active USDOT accounts based in Montana.

 

8. 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 requests may be mailed or delivered to the contact person in 5 above or may be made by completing a request form at any rules hearing held by the department.

 

9. An electronic copy of this proposal notice is available on the Department of Transportation website at www.mdt.mt.gov.

 

10. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

            11. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment and repeal of the above-referenced rules will not significantly and directly impact small businesses.

 

            12. With regard to the requirements of 2-15-142, MCA, the department has determined that the amendment and repeal of the above-referenced rules will not have direct tribal implications.

 

 

/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 June 30, 2020.