23.3.502    DEFINITIONS

Unless the context indicates otherwise, the words and phrases in this subchapter have the definitions set forth in this rule.

(1) "Bureau" means the Driver Services Bureau, unless otherwise specifically stated.

(2) "CDL skills test" means a test given to applicants for a commercial driver's license and commercial endorsements. A skills test is comprised of the following three components:

(a) vehicle inspection test;

(b) basic control skills; and

(c) road test.

(3) "Certificate of employment/experience" means a certificate completed by the applicant's employer, or the applicant in the case of an owner/operator, stating the applicant's length of employment, the type(s) of vehicles operated, and the amount of experience in each type of vehicle if more than one.

(4) "Classifications" means that each type 1 or type 2 CDL is classified as to the class of vehicle authorized to be driven, as follows:

(a) "Class A" authorizes driving any combination of two or more vehicles, including articulated buses with a GCVWR exceeding 26,001 lbs. and also all vehicles authorized to be driven under class B and C or with a regular driver's license (Class D);

(b) "Class B" authorizes driving any single vehicle in excess of 26,001 lbs. GVWR, or any such vehicle towing a vehicle not in excess of 10,000 lbs. GVWR, or any bus which exceeds 26,001 lbs. GVWR and is capable of carrying more than 15 passengers including the driver, and all vehicles under Class C and vehicles authorized to be driven with a regular driver's license (Class D);

(c) "Class C" authorizes driving any single vehicle less than 26,001 lbs. GVWR or any such vehicle towing a vehicle not in excess of 10,000 lbs. GVWR when the vehicle(s) are or must be placarded for hazardous materials under the provisions of 49 CFR 172, or any bus or van in this weight class capable of carrying 16 or more passengers including the driver (Class D).

(5) "Commercial driver's license (CDL)" means a license issued to an individual under or granted by the laws of this state which authorizes the individual to operate a class of a commercial motor vehicle. There are two types of CDLs:

(a) "Type I" allows the operation of a commercial motor vehicle for interstate commerce.

(b) "Type II" allows the operation of a commercial motor vehicle within the state of Montana.

(6) "Commercial learner's permit (CLP)" means a permit issued to an individual under or granted by the laws of this state which, when carried with a valid Class D license, authorizes the individual to operate a class of a commercial motor vehicle when accompanied by a holder of a valid CDL for purposes of behind-the-wheel training. When issued to a CDL holder, a CLP serves as authorization for accompanied behind-the-wheel training in a CMV for which the holder's current CDL is not valid.

(7) "Commercial motor vehicle" means all vehicles or combinations of vehicles with a GCVWR of 26,001 lbs. or more, a school bus, or any other bus capable of hauling more than 15 passengers including the driver, or a vehicle used to transport hazardous materials if the vehicle transports such materials in a quantity requiring the display of hazardous materials placards under federal hazardous materials regulations, i.e., the vehicle has a GVWR of 10,001 lbs. or more. Any vehicle registered as a "farm vehicle" and paying the 16% gross vehicle weight fee is not considered a commercial motor vehicle. A recreational vehicle or R.V. is not considered a commercial motor vehicle unless it is used for commercial purposes.

(8) "Commercial Skills Test Information Management System (CSTIMS)" is an internet-based tool that provides a consistent way to track the scheduling and entry of test results for commercial skills tests by state and third-party examiners.

(9) "Department" means the Montana Department of Justice, unless otherwise specifically stated.

(10) "Disqualification" is a status in which the holder of a commercial driver's license is no longer authorized to operate commercial vehicles as provided in 49 CFR 391.

(11) "Division" means the motor vehicles division, unless otherwise specifically stated.

(12) "Driver's license" or "class D license" means a license to operate normal passenger cars, light trucks, and other vehicles which are not commercial motor vehicles.

(13) "Endorsement" means an endorsement on a commercial driver's license indicating that the driver meets the qualifications required to operate a commercial motor vehicle that requires special knowledge and skill.

(a) "Double/triple endorsement" is a separate endorsement required of all drivers who pull double or triple trailers.

(b) "Hazardous materials endorsement" is an endorsement required of all drivers who operate a commercial motor vehicle that requires hazardous materials placards under the provisions of 49 CFR 172.

(c) "Passenger endorsement" is an endorsement required of all drivers who carry 16 or more passengers, including the driver, while operating a bus or van.

(d) "School bus endorsement" is an endorsement required for all drivers who operate a school bus.

(e) "Tank endorsement" is an endorsement required of all drivers who transport bulk liquid materials in tanks permanently or temporarily attached to the vehicle with an individual rated capacity of more than 119 gallons and an aggregated rated capacity of 1,000 gallons or more.

(14) "Examiner" means an employee of the bureau, assigned to perform the duties of examining drivers.

(15) "Federal waiver or exemption" means the waiver or exemption described in federal 49 CFR 391.49 and 391.61.

(16) "Gross Combined Vehicle Weight Rating (GCVWR)" means the total of the combined manufacturer's weight ratings, or the total of the combined current registered gross vehicle weights, whichever is greater, of all vehicles operated as a combination unit.

(17) "Gross Vehicle Weight Rating (GVWR)" means the manufacturer's rated capacity for the vehicle in question, or the current registered gross vehicle weight, whichever is greater.

(18) "Hazardous material" means any material listed in the federal Hazardous Materials Tables, 49 CFR 172.

(19) "Medical certificate" means the medical certificate described in 49 CFR 391.43.

(20) "Medical statement" means a statement prepared by the driver/applicant regarding his medical condition.

(21)  "Nonexempt commercial driver's license applicant" means an applicant for a commercial driver license, passenger endorsement, school bus endorsement, or hazardous material endorsement who cannot prove to the department's satisfaction that they are exempt from completing the training required as provided in 49 CFR 383.71. The department may exempt the applicant if:

(a)  the department's records substantiate the applicant previously held the applicable commercial license or endorsements; or

(b) the applicant receives verification from a state where the applicant previously held the applicable commercial license or endorsement.

(22) "Nonresident commercial driver's license" means a commercial driver's license issued by the state to an individual who resides in a foreign country.

(23) "One license affidavit" means an affidavit completed by the applicant certifying that the applicant is not licensed in any other jurisdiction.

(24) "Out of service" means an order to preclude further operation of a commercial motor vehicle by its driver for a specified period of time or until a required condition is met.

(25) "Placards, or hazardous materials placards" are defined and required as provided in the federal Hazardous Materials Communications Regulations, 49 CFR 172.

(26) "Residence for the purpose of obtaining a commercial driver's license" means any licensed commercial motor vehicle operator who has resided in this state for a period exceeding 30 days is considered to be a resident for the purpose of being licensed to operate a commercial motor vehicle and must thereafter be licensed under the laws of the state before operating a commercial motor vehicle.

(27) "Third-party CDL skills test examiner” means an individual who has been trained and certified by the division to administer CDL skills tests.

(28) "Third-party CDL skills testing program" means an entity authorized by the motor vehicle division to operate a CDL skills testing program and provide third- party skills test examiner(s) to administer CDL skills tests.

 

History: 61-14-202, MCA; IMP, 20-10-103, 61-5-102, 61-5-104, 61-5-105, 61-5-106, 61-5-107, 61-5-108, 61-5-110, 61-5-111, 61-5-112, 61-5-113, 61-5-114, 61-5-115, 61-5-116, 61-5-305, 61-5-306, MCA; NEW, 1988 MAR p. 62, Eff. 1/15/88; AMD, 1989 MAR p. 486, Eff. 4/28/89; AMD, 2019 MAR p. 176, Eff. 2/9/19; AMD, 2023 MAR p. 1089, Eff. 9/23/23.