BEFORE THE DEPARTMENT OF TRANSPORTATION

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 18.8.512 pertaining to Motor Carrier Services

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NOTICE OF PROPOSED AMENDMENT   NO PUBLIC HEARING CONTEMPLATED

 

TO: All Concerned Persons

 

1. On May 22, 2016, the Department of Transportation proposes to amend the above-stated rule.

 

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 the Department of Transportation no later than 5:00 p.m. on May 13, 2016, to advise us of the nature of the accommodation that you need. Please contact Dan Kiely, Department of Transportation, Motor Carrier Services, P.O. Box 201001, Helena, Montana, 59620-1001; telephone (406) 444-7629; fax (406) 444-9263; TDD/Montana Relay Service (406) 444-7696 or (800) 335-7592; or e-mail [email protected].

 

3. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:

 

18.8.512 HEIGHT (1) A permittee is prohibited from traveling under a bridge, underpass, or other overhead obstruction that does not exceed the height of the load or vehicle. Each permit is automatically restricted to clearance of any bridge or underpass or other overhead obstruction on the route traveled.

(2) The permittee will be responsible for checking the route or routes to be traveled to determine clearance of bridges, underpasses, and/or other structures obstructions.

(3) remains the same.

(4) All divisible loads with a height of 14 feet 6 inches or less may be issued either a term or single trip special permit. Divisible loads may not exceed 14 feet 6 inches in height.

(5) (4) All nondivisible loads Loads with a height of 15 feet 6 inches or less may be issued either a term or single trip permit. Any permit must be verified for clearance as per (1) through (3).

(6) (5) Nondivisible loads Loads with a height in excess of 15 feet 6 inches will may be issued single trip special permits. Nondivisible loads in excess of 17 feet must follow the permit requirements of ARM 18.8.1101.

(7) Baled or loose hay loads with a height of 15 feet 6 inches or less may be issued a term or single trip special permit. Hay loads must not exceed 15 feet 6 inches except as per (8).

(8) remains the same but is renumbered (6).

(9)  The department will enforce administrative penalties for violation of the height permitting requirements as per ARM 18.8.902.

 

AUTH: 61-10-155, MCA

IMP: 61-10-101, 61-10-103, 61-10-109, 61-10-121, 61-10-122, 61-10-123, 61-10-124, MCA

 

REASON: The department has determined that the revision is reasonably necessary to address an inconsistency in the department's permitting process between divisible and nondivisible loads. The proposed language will clarify requirements for permittees.

 

4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Dan Kiely, Department of Transportation, Motor Carrier Services, P.O. Box 201001, Helena, Montana, 59620-1001; telephone (406) 444-7629; fax (406) 444-9263; or e-mail [email protected], and must be received no later than 5:00 p.m., May 20, 2016.

 

5. 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 Kiely at the above address no later than 5:00 p.m., May 20, 2016.

 

6. 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 1288 persons based on the 12,877 of permitted vehicles in the 2015 calendar year.

 

7. 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 4 above or may be made by completing a request form at any rules hearing held by the department.

 

8. 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.

 

9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

10. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rule will not significantly and directly impact small businesses.

 

 

/s/ Valerie D. Wilson                              /s/ Michael T. Tooley        

Valerie D. Wilson                                   Michael T. Tooley

Rule Reviewer                                       Director

                                                               Department of Transportation

         

Certified to the Secretary of State April 11, 2016