23.6.103 CLASSIFICATION OF TOW TRUCK EQUIPMENT
(1) All operators of commercial tow truck
equipment in the state of Montana who wish to participate in the state law
enforcement rotation system must have their tow trucks classified. In order to
have a tow truck classified, an operator must submit a request for
classification to the patrol. This request must contain the following:
(a) the operator's name,
address, and telephone number;
(b) the tow truck's serial
number and base of operations;
(c) appropriate proof of
the tow truck's weight rating; and
(d) an affidavit of use, if
required.
(2) In order to meet the
requirements of (1) (c) above, all operators of commercially manufactured tow
truck equipment must submit to the department proof of the manufacturer's
rating of their tow truck(s) . If the tow truck's nomenclature plate is not
available for inspection by the patrol, the operator must obtain written
documentation of the weight rating from the manufacturer and submit it to the
patrol.
(3) In order to meet the
requirements of (1) (c) and (d) above, all operators of noncommercially
manufactured or modified tow truck equipment must:
(a) have their equipment
classified by the department if the equipment was in service on or before October 1, 1995; or
(b) have their equipment
independently classified if the equipment was placed in service after October 1, 1995.
(4) Any structural
modification to noncommercially manufactured or modified tow truck equipment
must be independently rated.
(5) Upon receipt of an
operator's request for classification of his or her equipment, the patrol shall
set and inform the operator of a time for inspecting and classifying the
equipment.
(6) Upon completion of the
classification inspection, the patrol shall inform the operator in writing of
the results of the classification; in addition, the patrol shall inform the
operator that the operator disputes the classification of its equipment.
History: 61-8-911, MCA; IMP, 61-8-905, MCA; NEW, 1996 MAR p. 3134, Eff. 12/6/96; AMD, 2003 MAR p. 2628, Eff. 11/27/03.