18.8.202    MOTOR CARRIERS OPERATING INTERSTATE

(1) Motor carriers operating interstate or both interstate and intrastate need only apply to the Montana Department of Transportation for their registration credentials. Interstate registration credentials will also be honored for intrastate operations.

(2) Fees are established by the Unified Carrier Registration (UCR) Board of Directors. All fees must be paid before a company will be able to register through the International Registration Plan (IRP) or International Fuel Tax Agreement (IFTA). Both IRP and IFTA are programs for interstate operations.

(3) By reference, the department adopts the rules established by the UCR Board in accordance with 49 USC 14504 (2009), a copy of which may be found at the offices of the Montana Department of Transportation, Motor Carrier Services Division, 2701 Prospect, P.O. Box 4639, Helena, MT 59620-4639.

(4) By reference, the department adopts the rules of the Federal Motor Carriers Safety Administration codified as Title 49, Subtitle B, Chapter III, of the Code of Federal Regulations (2011), a copy of which may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.

(5) The Motor Carrier Services Division shall identify, collect, and maintain the USDOT number and Taxpayer Identification Number (TIN) for the registrant and motor carrier that is responsible for the safe operation of each vehicle being registered as required by the Performance and Registration Information System Management (PRISM) established at 49 CFR §390.19. The Motor Carrier Identification Report (form MCS-150) information which identifies the carrier responsible for safety shall be updated if the last update is more than one year prior to the first day of the registration period.

(a) Motor Carrier Services Division shall issue a suspension notice for all vehicles assigned to a motor carrier which have been prohibited by a federal agency from conducting interstate operations. This suspension will remain in effect for those vehicles despite carrier name changes or USDOT number changes until the carrier responsible for the safety of the motor vehicle has come into compliance with the Federal Motor Carrier Safety Administration Act (FMCSA) which determination shall be made by the FMCSA.

(b) Motor Carrier Services Division shall determine the safety rating of a motor carrier prior to any registration or permitting. If it is determined the carrier has an unfit or unsatisfactory safety rating, as defined by federal procedures, or a federal out-of-service order has been issued, the registrations or permitting will be denied, suspended, or revoked until the carrier responsible for safety of the motor vehicle has come into compliance with the Federal Motor Carrier Safety Administration Act (FMCSA), which determination shall be made by the FMCSA.

(c) Any carrier responsible for the safety of a vehicle, which was not identified as holding an unfit safety rating until after a registration had been issued, is subject to credential revocation and registration and license plates confiscation by any authorized enforcement personnel.

History: 61-3-710, 61-10-155, MCA; IMP, 61-3-708, 61-3-711, 61-3-712, 61-3-713, 61-3-714, 61-3-715, 61-3-716, 61-3-717, 61-3-718, 61-3-719, 61-3-720, 61-3-721, 61-3-722, 61-3-723, 61-3-724, 61-3-725, 61-3-726, 61-3-727, 61-3-728, 61-3-729, 61-3-730, 61-3-731, 61-3-732, 61-3-733, MCA; NEW, 1995 MAR p. 1416, Eff. 7/28/95; AMD, 2010 MAR p. 1179, Eff. 5/14/10; AMD, 2014 MAR p. 2012, Eff. 9/5/14.