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 is grounds for confiscation by an inspecting officer.

(2) At the discretion of the department, the permittee may purchase a special movement permit to reach a destination which shall be at the discretion of the inspecting officer, either to a point of safety for the traveling public or to a point of actual destination.

(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.

History: 61-10-155, 61-10-121, 61-10-122, 61-10-143, MCA; IMP, 61-10-121, 61-10-122, 61-10-143, MCA; Eff. 12/31/72; AMD, 1988 MAR p. 1704, Eff. 7/29/88; AMD, 1994 MAR p. 1148, Eff. 4/29/94; AMD, 2001 MAR p. 2142, Eff. 10/26/01; AMD, 2020 MAR p. 1626, Eff. 8/29/20.