BEFORE THE DEPARTMENT OF TRANSPORTATION

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 18.8.101, 18.8.426, 18.8.508, 18.8.509, 18.8.510A, 18.8.510B, 18.8.511A,18.8.511B, 18.8.602, and 18.8.901 and the repeal of ARM 18.8.902 and 18.8.1101 pertaining to Motor Carrier Services

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NOTICE OF AMENDMENT AND REPEAL

 

TO: All Concerned Persons

 

1. On July 10, 2020, the Department of Transportation published MAR Notice No. 18-182 pertaining to the proposed amendment and repeal of the above-stated rules at page 1251 of the 2020 Montana Administrative Register, Issue Number 13.

 

2. The department has amended ARM 18.8.101, 18.8.426, 18.8.508, 18.8.509, 18.8.510A, 18.8.511B, 18.8.602 and 18.8.901 as proposed.

 

3. The department has repealed ARM 18.8.902 and 18.8.1101 as proposed.

 

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

 

            18.8.510B OVERSIZE LOAD SIGNS (1) and (1)(a) remain as proposed.

            (b) On the power unit, flashing amber lights, a minimum of five inches in diameter, 50 candlepower, 60 to 90 flashes per minute, shall be mounted at each end of the oversize load sign and visible 360 degrees. A single revolving light or strobe light may be substituted for flashing lights. Lights shall be flashing at all times when moving an oversize vehicle or load.

            (2) through (4) remain as proposed.

 

AUTH: 61-10-155, MCA

IMP: 61-10-121, 61-10-122, MCA

 

            18.8.511A WHEN PILOT VEHICLES ARE REQUIRED (1) through (6) remain as proposed.

            (7) When movement requires pilot vehicles, the permittee must not delay traffic in excess of 15 minutes.

 

AUTH: 61-10-155, MCA

IMP: 61-10-102, 61-10-121, 61-10-122, 61-10-123, 61-10-124, MCA

 

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

 

COMMENT #1:

One comment was received stating ARM18.8.510B(1)(b) second sentence should add the word "single" between "A" and "revolving," i.e., "A single revolving light or strobe light may be substituted for flashing lights."

 

RESPONSE #1:

MDT agrees the suggested wording would add clarity for officers and permittees that only one single light is required.  The suggested wording will avoid future questions about the number of revolving or strobe lights which are required. MDT will amend ARM 18.8.510B as shown above.

 

COMMENT #2:

One comment was received stating language already found in ARM 18.8.509(8)(e) stating "when movement requires pilot vehicles, the permittee must not delay traffic in excess of 15 minutes" should also be repeated in ARM 18.8.511A.

 

RESPONSE #2:

MDT agrees the suggested wording would add clarity to ARM 18.8.511A, When Pilot Vehicles Are Required, and make it easier for both officers and permittees to find and use the 15-minute delay language. MDT will amend ARM 18.8.511A as shown above.

 

COMMENT #3:

One comment was received stating ARM 18.8.510B(1)(b) should add the words "for vehicles exceeding 10 feet in width" for clarification.

 

RESPONSE #3:

MDT does not agree with the comment because (1) already includes the phrase "Vehicles exceeding 10 feet in width must:" to apply to both (a) and (b) below. Addition of the phrase in (1)(b) would be redundant and is not therefore necessary.

 

 

/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 August 18, 2020.