Administrative Rules of the State of Montana

BEFORE THE DEPARTMENT OF TRANSPORTATION

OF THE STATE OF MONTANA

In the matter of the amendment of ARM 18.8.431, 18.8.432, 18.8.510A, 18.8.517, 18.8.602, and 18.8.603 pertaining to Motor Carrier Services

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NOTICE OF PROPOSED AMENDMENT

NO PUBLIC HEARING CONTEMPLATED

TO: All Concerned Persons

1. On January 25, 2016, the Department of Transportation proposes to amend 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 January 14, 2016, to advise us of the nature of the accommodation that you need. Please contact Dan Kiely, Department of Transportation, Motor Carrier Services, P.O. Box 201001, Helena, Montana, 59620-1001; telephone (406) 444-7629; fax (406) 444-9263; TDD/Montana Relay Service (406) 444-7696 or (800) 335-7592; or e-mail [email protected].

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

18.8.431 MAXIMUM ALLOWABLE WEIGHT (1) remains the same.

(2) The maximum allowable gross weight for vehicle combinations hauling divisible loads and operating under the provisions of 23 CFR 658, appendix C, April 1, ~~2010~~ 2015 edition, is 137,800 pounds. Copies of the regulations may be obtained from the U.S. Government Printing Office, 732 North Capitol Street, NW, Washington, DC 20401-00012, or at www.gpo.gov.

(3) The maximum allowable gross weight for vehicle combinations hauling divisible loads and operating under 61-10-107(1)(b), MCA, is 137,800 pounds.

AUTH: 61-10-155, MCA

IMP: 61-10-107, MCA

REASON: The proposed amendment to (2) is necessary to update the CFR citation to the most current version so all current federal amendments are incorporated by reference, and to update the address and web site at which copies of the CFR may be obtained. The proposed amendment adding new (3) is necessary to specifically implement a numerical weight of 137,800 pounds for vehicles traveling on U.S. Highway 93 from the Canadian border to ten miles south of the border, or on Montana Highway 16 from the Canadian border to 20 miles south of the border, as set forth in 61-10-107(1)(b), MCA.

18.8.432 MAXIMUM ALLOWABLE WEIGHT ON THE NONINTERSTATE

(1) Maximum allowable weights allowed for vehicle combinations hauling divisible loads and operating on applicable noninterstate highways cannot exceed a gross vehicle weight and single, tandem, or tridem axle weights as described in 23 CFR 658, appendix C, April 1, ~~2010~~ 2015 edition. Information pertaining to the U.S. Code of Federal Regulation (CFR) may be obtained by contacting the Office of the Federal Register, 800 North Capitol Street, Northwest, Suite 700, Washington, DC 20001; phone (202) 741-6000. Copies of the regulations may be obtained from the U.S. Government Printing Office, 732 North Capitol Street, NW, Washington, DC 20401-00012, or at www.gpo.gov.

(2) A department weight analysis of the highway infrastructure will determine the maximum gross weight and axle weights allowed on applicable noninterstate highways. The maximum gross weight and axle weights may be less than those allowed in 23 CFR 658, appendix C, April 1, ~~2010~~ 2015 edition. Copies of the regulations may be obtained from the U.S. Government Printing Office, 732 North Capitol Street, NW, Washington, DC 20401-00012, or at www.gpo.gov.

(3) and (4) remain the same.

(5) Permits will be issued for the weights in 23 CFR 658, appendix C, April 1, ~~2010~~ 2015 edition, for the same permit types and under the same fee schedule that is provided in 61-10-125, MCA and subchapter 6 of this chapter. Copies of the regulations may be obtained from the U.S. Government Printing Office, 732 North Capitol Street, NW, Washington, DC 20401-00012, or at www.gpo.gov.

(6) remains the same.

AUTH: 61-10-155 MCA

IMP: 61-10-107, 61-10-108, 61-10-121, 61-10-125, MCA

REASON: The proposed amendments are necessary to update the CFR citations to the most current version so all current federal amendments are incorporated by reference, and to update the address and web site at which copies of the CFR may be obtained.

18.8.510A REGULATIONS AND EQUIPMENT FOR FLAG VEHICLES

(1) through (3) remain the same.

(4) Flashing amber lights, visible ~~front and rear, a minimum of 5 inches in diameter, 50 candlepower, 60 to 90 flashes per minute,~~ 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 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 vehicles shall be equipped with two-way ~~radio~~ communication.

(6) remains the same.

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 to bring Montana in compliance with the American Association of State and Highway Transportation Officials (AASHTO) harmonization efforts. AASHTO has commenced a nationwide effort to standardize flag vehicle language and ensure the language does not change between the states. AASHTO standards state the 360-degree lights proposed in (4) are more visible than other types of flashing lights.

18.8.517 SPECIAL VEHICLE COMBINATION (1) A "special vehicle combination" is a truck-trailer-trailer combination of vehicles or truck tractor-semitrailer-trailer-trailer combination of vehicles as defined in statute and in 23 CFR 658, appendix C, April 1, ~~2004~~ 2015 edition. Copies of the regulations may be obtained from the U.S. Government Printing Office, 732 North Capitol Street, NW, Washington, DC 20401-00012, or at www.gpo.gov.

(2) through (10)(c) remain the same.

(11) No person may operate any special vehicle combination under 61-10-124(4), MCA, at a speed greater than ~~55 miles per hour~~ the posted speed limit. Violation of this restriction shall result in confiscation of permits.

(12) through (20) remain the same.

AUTH: 61-10-129, 61-10-155, MCA

IMP: 61-10-124, MCA

REASON: The proposed amendment to (1) is necessary to update the rule to the most current version of 23 CFR 658, Appendix C so all current federal amendments are incorporated by reference, and to update the address and web site at which copies of the CFR may be obtained. The proposed amendment to (11) is necessary because the 2015 Legislature changed the allowable speed limit for combination vehicles through SB 375, Section 3. The rule amendment will clarify the combination vehicle speed limit must comply with new statutorily required posted speed limits, or any other special speed limits as posted for construction zones or other emergency situations.

18.8.602 SPEED AND BRIDGE CROSSING CONDITIONS IMPOSED FOR ~~MAXIMUM WEIGHT~~ EXCESSIVE OVERWEIGHT VEHICLES (1) remains the same.

(2) On interstate highways, unless specifically noted on the special permit, loads may maintain a maximum speed of 55 mph or the posted speed limit, whichever is less. The vehicle may remain in its own traffic lane and normal traffic will be allowed to pass. Only one overweight vehicle is allowed on a structure at a time.

(3) On noninterstate highways, unless specifically noted on the special permit, loads may maintain a maximum speed of 55 mph or the posted speed limit, whichever is less. When speed restrictions over structures are imposed, two flag vehicles or one flag vehicle and one flag person, equipped with high visibility clothing and hand-signaling devices, are required. For purposes of this section, high visibility clothing shall be a flagger's vest, shirt, or jacket, orange, yellow, strong yellow-green or fluorescent versions of these colors. Hand signaling devices shall be a stop/slow paddle 18 inches wide and octagonal in shape, with letters at least 6 inches high. The background of the stop face shall be red with white letters and border.

(4) Before crossing any noninterstate structure or structures, the hauling unit shall come to a complete stop approximately 50 feet from the end of the structure. After flag vehicles or flag persons have stopped all traffic onto the structure, the overweight vehicle shall proceed at a speed not to exceed five miles per hour with the center of the unit directly over the centerline of the roadway of the structure. There shall be no alteration of the speed (changing of gears) while on the structure or approach. Flag vehicles or flag persons shall not permit any other traffic on the structure until the overloaded vehicle is off the structure.

(5) Any violation of any of the above conditions, or axle weights and axle spacing, will automatically prohibit the owner from receiving any other permits for roading or hauling the vehicle in violation or any other similar vehicle under his jurisdiction or control.

~~(6) For purposes of this rule, the word “structure” shall mean any bridge, overpass, etc.~~

(2) On interstate or noninterstate highways, loads may not exceed a maximum speed of 55 mph or the posted speed limit, whichever is less. Only one overweight vehicle is allowed on a bridge at a time. Stopping or shifting gears on any bridge is prohibited. Additionally, one or more of the following conditions may apply when listed as a restriction on the special permit:

(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 vehicle, while other non-overweight traffic may travel simultaneously in all lanes; or

(b) vehicle must reduce speed to a maximum of 10 miles per hour before and while crossing the bridge, center vehicle over roadway centerline, and provide a minimum of two pilot vehicles, while all other traffic is prohibited on the bridge. The two required pilot vehicles must adhere to the following conditions when pilot vehicles are part of the conditions on the permit:

(i) interstate highway travel requires a minimum of two rear pilot vehicles; or

(ii) noninterstate highway travel requires a minimum of one front and one rear pilot vehicle.

(c) additional restrictions may be imposed on a case-by-case basis depending on specific bridge conditions and complexity of the movement.

(3) A reasonable accommodation route variance will be allowed for vehicles to deviate from permitted interstate routes within a two mile radius of an interstate interchange for accessing of services, without a requirement for additional pilot or escort vehicles. Any bridge crossing on the accommodation route must be approved through department bridge review or in compliance with applicable noninterstate bridge crossing requirements.

(4) All traffic control required by a special permit condition must comply with ARM 18.8.510A and the Manual on Uniform Traffic Control Devices.

(5) Violation of any permit restrictions on bridge crossings, axle weights, or axle spacing may prohibit future permit issuance and operation.

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 address safety concerns expressed both internally within MDT and externally from motor carriers, the pilot car industry, and the public regarding overweight vehicle bridge crossings. The proposed technical amendments were developed with MDT bridge engineer analysis, in accordance with the Manual for Bridge Evaluation, Dynamic Load Allowance section. The proposed amendments are also necessary to bring Montana in compliance with the American Association of State and Highway Transportation Officials (AASHTO) harmonization efforts. AASHTO has commenced a nationwide effort to standardize flag vehicle language and ensure the language does not change between the states.

18.8.603 OVERWEIGHT TERM PERMITS (1) An excess axle weight term permit cannot be issued to a vehicle configuration for 25,000 pounds, 30,000 pounds, 35,000 pounds or 40,000 pounds until a vehicle weight analysis has been conducted by the department. The permit must be approved and issued by the MCS Helena office.

~~(2)~~ (1) A vehicle configuration that can be permitted only under a route analysis cannot be issued a term excess axle weight permit. The permit can be issued for a single trip only, for a route specified on the permit.

AUTH: 61-10-155, MCA

IMP: 61-10-121, 61-10-125, MCA

REASON: The proposed amendment is necessary to delete the section which repeats statutory language found at 61-10-125, MCA. Under 2-4-305, MCA, an administrative rule must not unnecessarily repeat statutory language.

4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Dan Kiely, Department of Transportation, Motor Carrier Services, P.O. Box 201001, Helena, Montana, 59620-1001; telephone (406) 444-7629; fax (406) 444-9263; or e-mail [email protected], and must be received no later than 5:00 p.m., January 21, 2016.

5. 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 Dan Kiely at the above address no later than 5:00 p.m., January 21, 2016.

6. 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 4830 persons based on the 48,297 of Montana-based registered and permitted vehicles in the 2014 calendar year.

7. 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 request may be mailed or delivered to the contact person in 4 above or may be made by completing a request form at any rules hearing held by the department.

8. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of this notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.

9. The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled. The primary bill sponsor was contacted by U.S. mail and e-mail on August 6, 2015.

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

/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 December 14, 2015