Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.6 - HIGHWAY PATROL DIVISION › Subchapter 23.6.1 - Tow Trucks › Rule 23.6.109 - SAFETY INSPECTION PROCESS

Current through Register Vol. 13, July 5, 2024
(1) All
				operators of commercial tow truck equipment in the state of Montana must have
				an annual safety inspection.
(2)
				The department hereby adopts by reference the CVSA level 1 inspection, 49 CFR
				Chapter III, Subchapter B, Appendix G, as standards for the chassis portion of
				the safety inspections required by
				61-8-907,
				MCA. Copies of these regulations may be obtained from the Montana Highway
				Patrol, 2550 Prospect Avenue, P.O. Box 201419, Helena, Montana 59620-1419.
				Compliance with the CVSA level 1 standards must be determined before the tow
				truck is placed in the state rotation system. The inspector need not complete
				the CVSA level 1 form unless the tow truck operator requests CVSA
				certification, but all applicable standards must be met.
(3) Standards for the safety inspection of
				the towing and recovery equipment that is mounted on the chasses are set forth
				in ARM 23.6.110.
(4) Standards for the safety inspection of
				the equipment that a commercial tow truck must carry are set forth in
				61-9-411
				and
				61-9-416,
				MCA.
(5) As part of the annual
				inspection process, each tow truck operator shall provide the Montana Highway
				Patrol with an active driver roster including proof of each driver's towing
				certification or towing experience and proof of valid driver's license for each
				driver for the class of vehicle operated. A list of nationally recognized
				certification programs for tow truck operators that are acceptable to meet the
				requirements for a qualified tow truck operator under
				61-8-903(b)(i) and
				(ii), MCA, is maintained by the Montana Tow
				Truck Association.
(6) All safety
				inspectors must have a CVSA level 1 inspector's certification before being
				qualified to inspect tow trucks.
(7) A Montana Highway Patrol-approved
				inspection form will be completed by an assigned trooper. If minimum standards
				are met, a Montana Highway Patrol-approved decal will be affixed to the lower
				right hand corner of the windshield indicating passage of the inspection. The
				decal will indicate the date of the inspection and the class and license plate
				number of the tow truck.
(8) The
				safety certification is effective for one year, beginning September 1 of each
				year. There will be a grace period extending to December 31 at the expiration
				of the certification to allow for scheduling an inspection of the tow truck. It
				is the responsibility of the tow truck operator to complete the entire
				inspection process by December 31. The tow truck must be taken out of service
				for both commercial and rotation system towing if the inspection process is
				incomplete by December 31.
(9) It
				is the responsibility of the tow truck operator to contact the Montana Highway
				Patrol and Montana Department of Transportation Motor Carrier Services District
				Captain to request the inspection. The inspection site must be relatively flat
				and of a hard surface to allow for movement of the inspector under the tow
				truck.
(10) The department may
				inspect any tow truck when questions or concerns arise as to the safety or
				serviceability of the tow truck and there are reasonable grounds for those
				concerns. The operator must be given advance written notice of such an
				inspection, and the notice must specify the alleged defects.
(11) Any additional tow truck placed into
				service by an operator must be qualified and classified prior to answering any
				commercial towing calls or calls from the law enforcement rotation
				system.
(12) If any commercial tow
				truck is sold, the tow truck is not qualified until it is reinspected by the
				department. In addition, the seller must remove the tow truck's certification
				decal.
(13) Failure to provide true
				and accurate information, or failure to supply updated information, required by
				these rules to the Montana Highway Patrol will result in immediate suspension
				from commercial towing for a minimum of 30 days. A tow truck operator may not
				commence commercial towing until complete, accurate, and updated information is
				provided. Following suspension, a tow truck operator must resubmit all
				information required by the annual safety inspection and reapply for a letter
				of appointment to participate in the state rotation system.
(14) This rule is subject to the following
				qualifications:
(a) if the inspection
				identifies a defect of any type, the operator is entitled to request a second
				inspection by another inspector;
(b) if the inspection identifies a
				non-safety-related defect or deficiency, the operator will be informed of the
				defect or deficiency and requested to correct it. Failure to correct the defect
				or deficiency within 30 days of notice will result in suspension from the state
				rotation system until the defect or deficiency is corrected;
(c) if the inspection identifies a
				safety-related defect or deficiency, the tow truck will be immediately taken
				out of service. The tow truck cannot be used in the state rotation system until
				the reinspection confirms that the defect or deficiency has been corrected;
				and
(d) if either the inspection
				form or certification decal is lost, removed, rendered unreadable, or
				destroyed, the operator must immediately notify the nearest Montana Highway
				Patrol office that can provide a copy of the inspection report from its files
				and/or reissue a certification decal.