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| Montana Administrative Register Notice 18-149 | No. 13 07/10/2014 | |
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BEFORE THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF MONTANA
TO: All Concerned Persons
1. On August 10, 2014, the Department of Transportation proposes to amend and repeal 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 Department of Transportation no later than 5:00 p.m. on July 31, 2014, to advise us of the nature of the accommodation that you need. Please contact Dan Moore, Department of Transportation, Motor Carrier Services Division, P.O. Box 201001, Helena, Montana, 59620-1001; telephone (406) 444-0454; fax (406) 444-6136; TTY 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:
18.8.202 MOTOR CARRIERS OPERATING INTERSTATE (1) and (2) remain the same. (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) remains the same
AUTH: 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
REASON: The proposed amendment is necessary to establish the dates of adoption of the federal rules incorporated by reference in ARM 18.8.202. Under 2‑4‑307, MCA, a rule must establish a date for all rules incorporated by reference and may not adopt later amendments except through the rulemaking procedure.
18.8.408 TOW CARS/ (2) remains the same. (3) All tow cars/ (4) Dealer plates are not valid on tow cars/
AUTH: 61-10-155, IMP: 61-10-201, MCA
REASON: The proposed rule changes are necessary to clarify the tow cars/wreckers rule, and to incorporate the statutory definition of commercial tow trucks into the rule. The proposed amendment will help avoid confusion as to the applicability of the rule to certain vehicles. The implementation statute is being deleted as an incorrect rule authority citation.
18.8.509A EMERGENCY TRAVEL AND EMERGENCY VEHICLES (1) through (4) remain the same. (5) A special permit shall be required when performing an emergency move (6) The Motor Carrier Services Division administrator or designee may exempt the following vehicles from restricted hours of operation in an emergency situation: (a) through (7) remain the same.
AUTH: 61-10-155, MCA IMP: 61-10-101, 61-10-102, 61-10-103, 61-10-104, 61-10-106, 61-10-107, 61-10-108, 61-10-109, 61-10-110, 61-10-113, 61-10-121, 61-10-122, 61-10-123, 61-10-124, 61-10-125, 61-10-126, 61-10-127, 61-10-128, 61-10-129, 61-10-130, 61-10-141, 61-10-142, 61-10-143, 61-10-144, 61-10-145, 61-10-146, 61-10-147, 61-10-148, MCA
REASON: The proposed rule change is necessary to clarify/clean up the language with the intent of improving efficiencies associated with Motor Carrier Services' management of emergency travel operations, including streamlining the approval process. The proposed change will update the rule to reflect current practices which allows greater flexibility for permit holders. The proposed amendment is also necessary to delete the reference to the advisory nature of the rule. The department has full rulemaking authority under 61-10-155, MCA, to adopt rules to implement Title 61, chapter 10, MCA; thus the rule is not adopted under "implied" rulemaking authority, and the "advisory" designation is not appropriate under 2-4-308, MCA.
18.8.1301 COMPLIANCE WITH WEIGHING LOCATION SIGNS (1) remains the same. (2) Drivers operating vehicles for carriers enrolled in electronic weigh station bypass programs may follow in-cab signals at equipped weigh station sites which signals shall indicate whether the vehicle must stop, subject to jurisdictional bypass restrictions. (3) Under jurisdictional bypass restrictions, a driver receiving a green light in-cab signal must stop at the weighing location regardless of the signal when any of the following conditions apply: (a) overweight (including permitted loads); (b) overwide (greater than nine feet); (c) overheight (greater than 14 feet 6 inches). (2) remains the same but is renumbered (4).
AUTH: 61-10-155, MCA IMP: 61-10-141, MCA
REASON: The proposed rule change is necessary to provide clarity for motor carriers enrolled in Montana electronic bypass programs. The department has provided weigh station bypass capabilities at select Montana weigh stations since 1997. Since that time, carriers with a safe operating record and who obtain the proper registration and fuel credentials are allowed to enroll in Montana's electronic bypass program, which may signal the vehicle to stop or bypass the weigh station, subject to jurisdictional bypass restrictions as set forth in the rule.
18.8.1401 QUALIFICATIONS AND TRAINING FOR M.C.S. PERSONNEL AS PEACE OFFICERS (1) remains the same. (2) Each employee shall successfully complete any Montana (3) remains the same. (7) remains the same but is renumbered (5).
AUTH: 61-12-202, MCA IMP: 61-12-201, 61-12-202, MCA
REASON: The proposed rule change to (4) is necessary because the requirement is contrary to state statute and is addressed through the MPEA agreement which has different probationary periods. Section (6) was combined with (5) to include the specific code of ethics required by the Public Safety Officer Standards of training council (POST). The practice of filing the oaths of office with the Secretary of State was discontinued several years ago.
18.8.1505 SAFETY INSPECTION PROGRAM: PURPOSE AND OUT-OF-SERVICE CRITERIA (1) remains the same. (2) In addition to the federal regulations adopted in ARM 18.8.1502, the safety inspection program will follow Commercial Vehicle Safety Alliance (CVSA), North American Standard Out-of-Service Criteria (April 1, (3) remains the same.
AUTH: 61-10-155, MCA IMP: 61-10-154, MCA
REASON: The proposed rule change is necessary to adopt the most current Commercial Vehicle Safety Alliance (CVSA) North American Uniform "Out-of-Service" criteria. The CVSA North American out-of-service criteria is a standard used by all CVSA-certified safety inspectors in the U.S., Canada, and Mexico to inspect commercial vehicles and drivers.
4. The department proposes to repeal the following rules:
18.8.411 STATION WAGONS, SPORT UTILITY VEHICLES, AND VANS
AUTH: 61-10-155, MCA IMP: 61-10-107, 61-10-201, MCA
REASON: The proposed rule repeal is necessary because the Montana Department of Transportation's biennial rule review under 2-4-314, MCA, identified this rule as archaic and no longer in use. GVW fees for these vehicle types are a flat fee based on weight being carried. Section 61-10-201, MCA, already sets fees for the vehicles listed in this rule, by categories of weight.
18.8.413 DEALER PLATES
AUTH: 61-10-155, MCA IMP: 61-10-214, MCA
REASON: The proposed rule repeal is necessary because the language in this rule is already found at 61-10-214, MCA. Under 2-4-305, MCA, the rules may not unnecessarily repeat statutory language.
18.8.430 DETERMINING THE WEIGHT OF A TRAILER
AUTH: 61-10-155, MCA IMP: 61-10-201, MCA
REASON: The proposed rule repeal is necessary because the Montana Department of Transportation's biennial rule review under 2-4-314, MCA, identified this rule as archaic and no longer in use. Previously, the GVW was paid on truck and trailer separately, now they are paid only on truck/towing unit. This procedure was changed in the 1993 legislative session.
5. Concerned persons may submit their data, views, or arguments concerning the proposed actions in writing to: Dan Moore, Department of Transportation, Motor Carrier Services Division, P.O. Box 201001, Helena, Montana, 59620-1001; telephone (406) 444-0454; fax (406) 444-6136; TTY Service (406) 444-7696 or (800) 335-7592; or e-mail [email protected]. and must be received no later than 5:00 p.m., August 7, 2014.
6. If persons who are directly affected by the proposed actions 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 Moore at the above address no later than 5:00 p.m., August 7, 2014.
7. 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 9,039 persons based on 90,390 permits issued in the 2013 calendar year.
8. 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 5 above or may be made by completing a request form at any rules hearing held by the department. An Administrative Rules Notice Interested Person's List request form is located at the Department of Transportation's web site at the following address: http://www.mdt.mt.gov/publications/docs/forms/mdt-leg-003_interested-persons-list.pdf.
9. 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.
10. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
11. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment and repeal 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 June 30, 2014.
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A directory of state agencies is available online at http://www.mt.gov/govt/agencylisting.asp.
For questions about the organization of the ARM or this web site, contact [email protected].
