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 18.8.1502, 18.8.1503, and 18.8.1505, pertaining to Motor Carrier Services Safety Requirements

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NOTICE OF AMENDMENT

TO: All Concerned Persons

1. On April 30, 2021, the Department of Transportation published MAR Notice No. 18-184 pertaining to the proposed amendment of the above-stated rules at page 450 of the 2021 Montana Administrative Register, Issue Number 8.

2. The department has amended the following rules as proposed: ARM 18.8.1503 and 18.8.1505.

3. The department has amended ARM 18.8.1502 as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:

18.8.1502 FEDERAL MOTOR CARRIER SAFETY RULES AND STATE MODIFICATIONS (1) Any commercial motor vehicle or motor carrier subject to regulation by the department under 61-10-154, MCA, shall comply with and the department adopts by reference the following portions of the Federal Motor Carrier Safety Regulations of the U.S. Department of Transportation, subject to the provisions of (2). The regulations adopted are 49 CFR part 373, 49 CFR part 375, 49 CFR parts 377 through 379, 49 CFR part 382, 49 CFR part 383, 49 CFR part 385, 49 CFR part 386 subpart F – Injunctions and Imminent Hazards, 49 CFR part 387, 49 CFR parts 390 through 399, and Appendix G to subchapter B of chapter III, Title 49 of the Code of Federal Regulations, as updated through April 8, 2021. Copies of the regulations may be obtained from the U.S. Government Printing Office, 732 North Capitol Street, NW, Washington, DC 20401-0001, or at www.gpo.gov.

(2) remains as proposed.

AUTH: 61-10-155, MCA

IMP: 61-10-141, 61-10-154, MCA

4. The department has thoroughly considered the comments and testimony received. A summary of the comments received, and the department's responses are as follows:

COMMENT #1: MDT received one comment asking what changes or effects adding 49 CFR part 386 to the list of safety rules adopted under 61-10-154, MCA, would have on Montana carriers.

RESPONSE: MDT is adopting 49 CFR part 386 to provide the department with a uniform process and procedures to address carriers who demonstrate noncompliance with the safety regulations. MDT has amended the proposed rule language on inclusion of 49 CFR part 386, as shown above, to specify that only Subpart F – Injunctions and Imminent Hazards is being adopted. The adoption of 49 CFR part 386 subpart F – Injunctions and Imminent Hazards will have no effect on compliant carriers.

COMMENT #2: MDT received one comment stating that the adoption of 49 CFR part 393.11(b) Conspicuity Markings does not directly affect safety on Montana's highways and that it be excluded from this adoption.

RESPONSE: MDT is obligated under federal law to adopt safety regulations for interstate commercial motor vehicles operating in the state of Montana. Omitting this requirement under the regulation for intrastate commercial vehicles would create confusion for inspecting officers and the operators of commercial motor vehicles, and lead to administrative problems wherein a Montana motor carrier could receive a clean inspection while operating in Montana but receive a violation during an inspection in another state.

COMMENT #3: MDT received one comment stating that the adoption of 49 CFR part 393.11 Table 1 #11 – License Plate Lights does not directly affect safety on Montana's highways and stating that it should be excluded from this adoption.