(1) The following regulations apply to wreckers and/or tow vehicles:

(a) When proceeding to an emergency, the wrecker or tow vehicle which exceeds the weight limits set forth in 61-10-141, MCA, must enter an open weigh station except if the emergency creates highway blockage and/or serious threat to life and property. If this condition exists, the wrecker or tow vehicle must have top lights flashing and may pass by the open weigh station.

(b) The wrecker or tow vehicle may tow the vehicles or vehicle combination from the emergency scene to its place of business or operator's yard if it is within 100 miles of the emergency scene provided the licensed gross weight or actual gross weight of the power unit does not exceed 26,000 pounds. If the licensed gross weight or actual gross weight of the power unit exceeds 26,000 pounds, the disabled vehicle combination may be removed from the emergency scene to the first place where the disabled vehicle combination can be safely reduced to a single unit.

(c) Double and triple saddle mount configurations may be towed from the emergency scene to its place of business or operator’s yard if it is within 100 miles of the emergency scene, and if the operator agrees to travel not more than 10 miles per hour below the posted speed limit. If a move exceeds 100 miles, the disabled vehicles may be removed from the emergency scene to the first place where the saddle mount configuration can be safely reduced to a single unit.

(d) When returning from an emergency, the wrecker or tow vehicle and load which exceeds the weight limits in 61-10-141, MCA, must enter an open weigh station.

(e) Permit requirements for tow vehicles operating under emergency conditions:

(i) If a tow vehicle or the vehicle being towed exceeds statutory limits, special permits are required and must be carried in the tow vehicle when responding to an emergency. An emergency response does not exempt the tow truck operator from special permit requirements.

(ii) A special permit is valid for both the towing vehicle and the disabled vehicle and load.

(iii) Special permits for overweight are valid for both divisible and nondivisible loads.

(iv) An emergency response exempts the tow truck operation from restricted hours of operation within 100 miles of the emergency scene.

(v) All flag vehicles, lights, and signing regulations found at ARM 18.8.510A, 18.8.510B, and 18.8.511A apply to wreckers and/or tow vehicles when responding to or returning from an emergency.