reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.5 - Licensing Operators of Commercial Motor Vehicles › Rule 23.3.513 - DISQUALIFICATION OF VEHICLE FOR EXAMINATION

Current through Register Vol. 13, July 5, 2024
(1)
				A vehicle used for the driving portion of a commercial motor vehicle operator's
				endorsement examination must be in safe operating condition, properly
				registered, insured, and, if loaded, have the load properly secured.
(2) An examination will be denied if:
(a) the vehicle is loaded with any hazardous
				material;
(b) the vehicle is
				improperly or illegally loaded;
(c)
				the vehicle has defective brakes, determined as follows:
(i) absence of braking action upon
				application of the service brakes;
(ii) observably missing, loose, or broken
				mechanical components;
(iii)
				audible air leak at brake chamber;
(iv) unbalanced steering axle braking,
				observable during operation when the vehicle or a component of the vehicle
				swerves noticeably upon application of the service brake;
(v) no brakes on the vehicle or combination
				of vehicles are applied upon activation of the parking brake system;
(vi) a low pressure warning device that is
				missing or inoperative at 55 PSI and below;
(vii) any hydraulic brake system which has:
(A) no pedal reserve with engine running,
				except by pumping pedal;
(B) a
				brake failure or low fluid warning light on;
(d) the vehicle has any frame member that is:
(i) cracked, loose, or broken so as to
				adversely affect support of functional components such as steering gear, fifth
				wheel, engine, transmission, suspension, or body parts;
(ii) cracked, loose, sagging, or broken,
				permitting shifting of the body onto moving parts or other condition indicating
				imminent collapse of the frame;
(e) the vehicle exhibits any condition,
				including loading, that causes the body, frame, or load to be in contact with a
				tire or any part of a wheel assembly;
(f) the vehicle's tires are:
(i) worn to the point that any part of the
				breaker strip or casing ply is showing in the tread area;
(ii) labeled "not for highway use";
(iii) flat, or noticeably leaking;
(g) the vehicle's wheels and rims
				are bent, broken, cracked, improperly seated, or sprung, or have mismatched
				lock or side rings;
(h) the vehicle
				is not currently registered;
(i)
				the vehicle is not currently insured, or does not have a valid insurance
				certificate;
(j) the vehicle is not
				in running condition sufficient to complete the driving test.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.5 - Licensing Operators of Commercial Motor Vehicles › Rule 23.3.514 - GENERAL RULES FOR DRIVING EXAMINATIONS FOR CLASS A , B , AND C ENDORSEMENTS

Current through Register Vol. 13, July 5, 2024
The following rules apply to class A, B, and C endorsement
				  driving examinations:
(1) When a
				driving examination is required for a passenger endorsement, the examination
				must be conducted in a passenger vehicle capable of carrying more than 15
				passengers including the driver which is within the passenger class applied
				for. Successful completion of such an examination will authorize the applicant
				to operate any other type(s) of vehicle within the class.
(2) Unless an exception is appropriate, only
				the examiner and the applicant may be in the vehicle during the examination. No
				exception may be granted unless the vehicle has appropriate seating for at
				least 3 occupants, and an excepted passenger will not interfere with the
				applicant's operation of the vehicle or the examiner's ability to observe the
				applicant. An example of a situation where an exception is appropriate is a
				case in which the applicant requires the services of an interpreter or a
				translator.
(3) The examiner will
				determine, based on the road conditions, the test route, the weather, and the
				vehicle to be driven, whether or not to proceed with a drive test. If
				completion of a drive test is questionable due to the above factors, and the
				applicant has been so advised by the examiner, the test shall be counted as a
				failure if the applicant insists that the test be given but is unable to
				complete it due to those conditions.
(4) If the applicant's vehicle comes into
				physical contact with another vehicle, a pedestrian, or a fixed object, except
				slight bumper contact in a parking or backing maneuver or contact with a
				pedestrian by the pedestrian's intent, the test will be immediately
				discontinued and counted as a failure.
(5) If an accident involving another vehicle
				or a pedestrian occurs during a drive test the applicant must report the
				accident to the appropriate law enforcement agency if there is any visible
				damage, injury, or complaint of injury.
(6) If any of the following events occur, the
				applicant is failed and the test will be discontinued:
(a) dangerous action that would cause another
				driver or pedestrian to take defensive action, such as stalling the vehicle
				within a busy intersection, or driving one or more wheels over the curb or onto
				a sidewalk;
(b) clear violation of
				any traffic law;
(c) lack of
				cooperation, refusal to perform, an offer of a bribe or gratuity, or willful
				disobedience of a direction from the examiner;
(d) various or repeated minor mistakes,
				causing the deduction of more than the permitted number of points from the
				driving test score.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.5 - Licensing Operators of Commercial Motor Vehicles › Rule 23.3.515 - DRIVING EXAMINATION FOR CLASS A, B, AND C ENDORSEMENTS

Current through Register Vol. 13, July 5, 2024
(1) The driving examination for class A, B,
				and C endorsements is given over a test route divided into scoring sections. Up
				to 6 behaviors are scored at each scoring section. The accumulation of 25
				errors constitutes failure of the test.
(2) "Stopping" occurs when the driver begins
				deceleration to a stop and ends when he has pulled away after the stop.
				Stopping is scored at the first 5 places along the test route where the driver
				must come to a complete stop. Scoring ceases after 5 scoreable stops. The
				following elements of stopping are scored:
(a) Downshifting. When downshifting is
				properly done the transmission is shifted to the gear appropriate to the
				vehicle speed, the applicant shifts without hesitation (does not coast in
				neutral), the vehicle does not lurch or jerk noticeably when the clutch is
				released, lugging the engine or excessive revving is avoided, gears are shifted
				smoothly without missing or clashing gears. The applicant generally must
				downshift through the gear pattern when reducing speed. A downshifting error is
				not recorded if traffic prevents the applicant from successfully shifting down
				through the gears to decelerate, or is moving too slow for the applicant's
				vehicle to reach an initial speed sufficient to require downshifting.
(b) Braking. Assessment begins when the brake
				is first applied and ends when the vehicle comes to a complete stop. The
				applicant must regulate brake pressure to bring the vehicle to a complete stop
				without excessive deceleration.
(c)
				Stopping point. The applicant must bring the vehicle to a complete stop at a
				designated point. Assessment of this performance takes place after the vehicle
				has come to a complete stop. The vehicle's front bumper must be within 3 feet
				of a delineated pedestrian crosswalk or stop line, but not beyond it.
(d) Pulling away. The applicant must
				accelerate his vehicle smoothly from a stopped position. Assessment of this
				performance takes place at the initial point of movement. The applicant must
				not accelerate excessively, and the engine must remain running.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.5 - Licensing Operators of Commercial Motor Vehicles › Rule 23.3.516 - DRIVING EXAMINATION FOR CLASS B ENDORSEMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 61-5-112,
					 61-5-117,
					 61-5-125
					 MCA; IMP, Sec.
					 61-5-110,
					 61-5-112
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.5 - Licensing Operators of Commercial Motor Vehicles › Rule 23.3.516A - AIR BRAKE RESTRICTION

Current through Register Vol. 13, July 5, 2024
(1) All commercial
				vehicle operator's endorsements shall be issued subject to the restriction "may
				not operate air brake or air brake/combination equipped vehicles" unless the
				applicant has successfully completed a driving examination in a vehicle
				equipped with air brake or air brake/ combination systems or has presented a
				certificate of experience showing at least 24 months experience in the
				operation of air brake or air brake/combination equipped vehicles.
Sec.
					 61-5-112,
					 61-5-117,
					 61-5-125,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.5 - Licensing Operators of Commercial Motor Vehicles › Rule 23.3.517 - INSTRUCTION PERMITS

Current through Register Vol. 13, July 5, 2024
(1) An applicant
				for a commercial motor vehicle endorsement issued an instruction permit under
				the provisions of section
				61-5-106,
				MCA, may not operate a commercial motor vehicle unless accompanied by a driver
				possessing a commercial motor vehicle endorsement allowing him to operate the
				type of vehicle the applicant is operating.
Sec.
					 61-5-112,
					 61-5-117,
					 61-5-125
					 MCA; IMP, Sec.
					 61-5-106
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.5 - Licensing Operators of Commercial Motor Vehicles › Rule 23.3.518 - TEMPORARY LICENSES

Current through Register Vol. 13, July 5, 2024
(1) Applicants for
				a new or renewal type 1 endorsement, or conversion of an existing chauffeur's
				license to a type 1 endorsement, will, upon fulfillment of all requirements for
				a type 1 endorsement, be issued a temporary license valid for 3 months from the
				date of issuance on a form furnished by the department. The temporary license
				identifies the applicant, any restrictions imposed on him, the class of
				endorsement issued, the driver's license number assigned, and the date of
				issue. The temporary license must be signed by the applicant and the issuing
				examiner. The temporary license may be used while the department investigates
				the facts relative to the applicant's right to receive a type 1 commercial
				motor vehicle endorsement. The temporary license must be in the driver's
				immediate possession while operating any motor vehicle, and is invalid when the
				applicant's driver's license has been issued, or for good cause
				refused.
(2) Applicants for type 2
				endorsements will be issued temporary licenses as provided in ARM
				23.3.139.
Sec.
					 61-5-112,
					 61-5-117,
					 61-5-125
					 MCA; IMP, Sec.
					 61-5-106,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.5 - Licensing Operators of Commercial Motor Vehicles › Rule 23.3.519 - EXCHANGING OR CONVERTING A CHAUFFEUR'S LICENSE TO COMMERCIAL VEHICLE OPERATOR'S ENDORSEMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 61-5-112,
					 61-5-117,
					 61-5-125, MCA; IMP:
					 61-5-102.
					 61-5-105,
					 61-5-106,
					 61-5-107,
					 61-5-108,
					 61-5-110,
					 61-5-111,
					 61-5-112,
					 61-5-201,
					 61-5-209,
					 61-5-210,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.5 - Licensing Operators of Commercial Motor Vehicles › Rule 23.3.520 - REPORTING VIOLATIONS OF COMMERCIAL VEHICLE OPERATORS

Current through Register Vol. 13, July 5, 2024
(1) In addition to the reports of driving
				records required by section
				61-6-107,
				MCA, the department will report all notices of conviction received by it to
				other states, employers, and agencies of the federal government when required
				to do so by federal regulations, if the conviction(s) result from violation(s)
				occurring while the driver is operating a commercial motor vehicle.
Sec.
					 61-5-112,
					 61-5-117,
					 61-5-125
					 MCA; IMP, Sec.
					 61-5-107
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.5 - Licensing Operators of Commercial Motor Vehicles › Rule 23.3.521 - EMERGENCY OPERATION OF COMMERCIAL MOTOR VEHICLES

Current through Register Vol. 13, July 5, 2024
(1) Supervisory or administrative personnel
				not ordinarily assigned to duties involving the operation of commercial motor
				vehicles may operate commercial motor vehicles without an endorsement on an
				emergency basis for the duration of an emergency such as a natural disaster,
				riot, civil disorder, or major power outage.
Sec.
					 61-5-112,
					 61-5-117,
					 61-5-125
					 MCA; IMP, Sec.
					 61-5-112
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.5 - Licensing Operators of Commercial Motor Vehicles › Rule 23.3.522 - APPLICABILITY OF EXISTING RULES

Current through Register Vol. 13, July 5, 2024
Only the following rules in ARM Title 23, chapter 3,
				  subchapter 1, apply to the handling of applications for commercial motor
				  vehicle endorsements:
(1)23.3.101C
				OUNTY TREASURER AS FEE COLLECTING AGENTS;
(2)23.3.112O RDER OF STEPS IN
				EXAMINING;
(3)23.3.114S IGNATURE OF
				APPLICANT;
(4)23.3.115C ONSENT OF
				PARENTS OR GUARDIANS;
(5)23.3.118V
				ISION TEST;
(6)23.3.125I NCOMPLETE
				EXAMINATION;
(7)23.3.126T IME LIMIT
				ON SECOND AND SUBSEQUENT EXAMINATIONS;
(8)23.3.131P ROOF OF NAME, DATE OF BIRTH, AND
				SOCIAL SECURITY NUMBER FOR DRIVER'S LICENSE AND DUPLICATE DRIVER'S LICENSE
				APPLICATIONS;
(9)23.3.135G RACE
				PERIOD FOR RENEWALS;
(10)23.3.136T
				IME PERIOD FOR RENEWALS AND EXAMINATIONS;
(11)23.3.137R ENEWALS TO TAKE TEST IF
				EXPIRED;
(12)23.3.138A PPLICATION
				FOR MINORS;
(13)23.3.142D ISHONORED
				CHECKS;
(14)23.3.143N ATIONAL
				DRIVER REGISTRATION;
(15)23.3.148R
				ELEASE OF DRIVING RECORDS FOR CONSUMER REPORTS;
(16)23.3.149D UPLICATE LICENSES.
Sec.
					 61-5-112,
					 61-5-117,
					 61-5-125
					 MCA; IMP, Sec.
					 61-5-102
					 to
					 61-5-106
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.5 - Licensing Operators of Commercial Motor Vehicles › Rule 23.3.523 - SEASONAL CDL

Current through Register Vol. 13, July 5, 2024
(1) Notwithstanding
				all other rule provisions concerning commercial driver's licenses, the
				department will issue a seasonal commercial driver's license (CDL) to those
				qualified employees working in farm-related service industries. A person
				seeking a seasonal CDL must be employed in one of the following farm-related
				service areas:
(a) custom
				harvesters;
(b) farm retail outlets
				and suppliers;
(c) agri-chemical
				businesses;
(d) livestock feeders.
This seasonal CDL will be issued without the knowledge and
				  skill testing normally required of any applicant for a CDL. The specific
				  requirements for obtaining a seasonal CDL are detailed within this rule and
				  take the place of the normal knowledge and skill testing requirements.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.5 - Licensing Operators of Commercial Motor Vehicles › Rule 23.3.524 - REQUIREMENTS FOR A SCHOOL BUS ENDORSEMENT

Current through Register Vol. 13, July 5, 2024
(1)
				Examiners of applicants for a school bus endorsement shall have a commercial
				driver's license and preferably at least two years' experience driving a school
				bus in Montana.
(2) An applicant
				for a school bus endorsement must satisfy the following requirements:
(a) the applicant must pass the knowledge and
				skills test for obtaining a passenger endorsement;
(b) the applicant must pass a knowledge test
				concerning the loading and unloading of children, including the safe operation
				of stop signal devices, external mirror systems, flashing light and other
				warning and passenger safety devices required for school buses by state or
				federal law or regulation; emergency exits and procedures for safely evacuating
				passengers in an emergency; and state and federal laws and regulations related
				to safely traversing highway rail grade crossings; and
(c) except as provided in (2), the applicant
				must take a driving skills test in a school bus of the same vehicle group as
				the school bus that the applicant will drive.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.5 - Licensing Operators of Commercial Motor Vehicles › Rule 23.3.525 - RECORDS CHECK PRIOR TO PROCESSING A COMMERCIAL DRIVER LICENSE APPLICATION, ENTRY-LEVEL DRIVER TRAINING, AND DRUG AND ALCOHOL CLEARINGHOUSE

Current through Register Vol. 13, July 5, 2024
(1) The department shall conduct an
				electronic query to the entry-level driver training provider registry before
				administering a commercial driver license skills test to a nonexempt applicant:
(a) for a class A or class B commercial
				driver license;
(b) upgrading from
				a class B to a class A;
(c)
				upgrading from a class C to a class B or A; or
(d) obtaining a passenger or school bus
				endorsement.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.5 - Licensing Operators of Commercial Motor Vehicles › Rule 23.3.560 - THIRD-PARTY CDL SKILLS TESTING PROGRAM ELIGIBILITY

Current through Register Vol. 13, July 5, 2024
(1) Entities as described in
				61-5-118,
				MCA, are eligible to apply and enter into an agreement with the division to
				conduct skills testing for CDL applicants.
AUTH:
					 61-5-118,
					 MCA; IMP:
					 61-5-118,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.5 - Licensing Operators of Commercial Motor Vehicles › Rule 23.3.561 - ACCEPTANCE OF THIRD-PARTY CDL SKILLS TESTING RESULTS

Current through Register Vol. 13, July 5, 2024
(1) The division will accept CDL skills test
				results conducted by division-trained and certified third-party testing
				examiners who work for a Montana certified third-party testing
				program.
(2) The division will
				accept valid testing results to satisfy an applicant's CDL skills tests as
				required under 49 CFR 383.
AUTH:
					 61-5-118,
					 MCA; IMP:
					 61-5-118,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.5 - Licensing Operators of Commercial Motor Vehicles › Rule 23.3.562 - THIRD-PARTY CDL SKILLS TESTING PROGRAM APPLICATION

Current through Register Vol. 13, July 5, 2024
(1) Eligible entities must submit an
				application stating their desire to become a third-party CDL skills testing
				program.
(2) The applicant must:
(a) be an eligible third-party CDL skills
				testing program entity;
(b) provide
				the applicant's name, physical, mailing, and e-mail addresses, and phone
				number;
(c) provide a
				representative's name, physical, mailing, and e-mail addresses, and phone
				number who will represent the applicant during the application
				process;
(d) provide the location
				of the CDL skills testing and recordkeeping facilities. The facilities must be
				located within the state of Montana. The facilities where testing occurs must
				meet the standards of ARM 23.3.565. The facilities where records are maintained
				must meet the standards of ARM 23.3.565;
(e) give a statement that, at the time of the
				agreement, the applicant will:
(i) cooperate
				with the division at all times, including inspection of facilities, auditing,
				and testing;
(ii) carry
				comprehensive commercial general liability insurance with limits of a minimum
				of $1 million per occurrence for personal injury or property damage;
(iii) carry auto liability insurance if the
				testing program provides vehicles used in testing. The limits must not be less
				than $1 million per occurrence for personal injury and property
				damage;
(iv) post a surety bond of
				$10,000 to cover the costs associated with re-testing applicants who may have
				been improperly tested by a third-party CDL skills test examiner, or if skills
				test results were fraudulently obtained;
(v) comply with federal regulations, Montana
				state law, the Administrative Rules of Montana, and the division's policy and
				procedures governing the third-party CDL skills testing program;
(vi) pay the initial and renewal
				certification fees for a third-party CDL skills testing program and its
				examiners as outlined in
				61-5-118,
				MCA;
(vii) only allow third-party
				CDL skills test examiners who have been trained and certified by the division
				as outlined in ARM 23.3.566;
(viii)
				comply with all federal and state nondiscrimination statutes, rules, and
				regulations;
(ix) provide workers'
				compensation as required under state law for employees covered under the
				agreement;
(x) implement all
				necessary administrative, technical, and physical safeguards to prevent
				unauthorized use or disclosure of personally identifiable information in
				accordance with all applicable federal and state privacy protection
				requirements;
(xi) agree to use the
				CSTIMS to schedule and record CDL skills test results; and
(xii) use approved road test tablets to
				conduct and record CDL skills tests.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.5 - Licensing Operators of Commercial Motor Vehicles › Rule 23.3.563 - THIRD-PARTY CDL SKILLS TESTING PROGRAM AGREEMENT AND CERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) The division administrator or designee is
				authorized to enter into an agreement and certify qualifying third-party CDL
				skills testing programs and to renew third-party CDL skills testing
				programs.
(2) Upon receipt of an
				application for certification or renewal, the administrator or designee must
				review the application for completeness.
(3) If the application is incomplete, the
				division administrator or designee may either:
(a) contact the applicant to request missing
				information. The applicant has 20 days to give the requested information or the
				division administrator or designee must deny the application; or
(b) return the incomplete application to the
				applicant with a notification to resubmit a completed application.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.5 - Licensing Operators of Commercial Motor Vehicles › Rule 23.3.564 - THIRD-PARTY CDL SKILLS TESTING PROGRAM AGREEMENT

Current through Register Vol. 13, July 5, 2024
(1) The third-party CDL testing agreement
				must outline the requirements for the division and the third-party CDL testing
				program, including the certification requirements of ARM 23.3.565 through
				23.3.570.
(2) The third-party CDL
				testing program agreement must be signed by the division administrator or
				designee and the third-party CDL skills testing program owner or
				designee.
AUTH:
					 61-5-118,
					 MCA; IMP:
					 61-5-118,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.5 - Licensing Operators of Commercial Motor Vehicles › Rule 23.3.565 - THIRD-PARTY CDL SKILLS TESTING PROGRAM CERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) In order for a third-party CDL skills
				testing and recordkeeping facility to obtain and maintain division-approved
				certification, the facility must have, at a minimum, the following:
(a) a testing course approved by the division
				to conduct the same CDL skills test as conducted by state CDL skills test
				examiners, including:
(i) an area of
				sufficient size to conduct the vehicle inspection component of the CDL skills
				test as outlined in AAMVA's 2005 CDL Examiner's Manual;
(ii) a testing course of sufficient size to
				conduct the required parts of the basic control skills test component of the
				CDL skills test as outlined in AAMVA's 2005 CDL Examiner's Manual;
				and
(iii) a road test route that
				will meet all the minimum scoring requirements as outlined in AAMVA's 2005 CDL
				Examiner's Manual.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.5 - Licensing Operators of Commercial Motor Vehicles › Rule 23.3.566 - CERTIFICATION FOR EACH THIRD-PARTY CDL SKILLS TEST EXAMINER

Current through Register Vol. 13, July 5, 2024
(1) Third-party CDL skills test examiners
				must meet the following minimum requirements:
(a) pass a fingerprint-based background check
				paid for by a third-party CDL testing entity. The results must be kept on file
				for review by the division or federal representative. The following events are
				disqualifying factors for a person to be a CDL skills test examiner:
(i) any felony conviction within the last ten
				years; or
(ii) any conviction
				involving fraudulent activities.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.5 - Licensing Operators of Commercial Motor Vehicles › Rule 23.3.567 - CONDUCTING THIRD-PARTY CDL SKILLS TESTS

Current through Register Vol. 13, July 5, 2024
(1)
				CDL skills tests must comply with the testing standard of 49 CFR 383. The
				following rules apply to conducting third-party CDL skills tests:
(a) the same CDL skills testing model used by
				state examiners must be used, including the same instructions and scoring
				standards.
(b) third-party CDL
				skills test examiners must be trained and certified by the division.
(c) prior to conducting a CDL skills test,
				the CDL skills test examiner must ensure that the testing applicant:
(i) has a valid driver's license with an
				image that matches the applicant; and
(ii) has a valid CLP with the proper class,
				endorsements, and restrictions for the type of commercial motor vehicle being
				used for the CDL skills test, with an image that matches the applicant and the
				applicant's driver's license. The CLP must have been issued at least 14 days
				before the CDL skills test.
(d) an electronic testing tablet approved by
				the division and successfully passed structure testing by AAMVA must be used to
				conduct all CDL skills tests, and at minimum record:
(i) applicant information;
(ii) vehicle data;
(iii) CDL skills test examiner's
				information;
(iv) approved test
				forms; and
(v) all scoring items
				and scoring results.
(e)
				all primary and alternate backing skills test courses and road test routes must
				be approved by the division.
(f)
				any changes to any of the skills test courses or road test routes must be
				pre-approved by the division before a new course or route can be
				used.
(g) the CDL skills test
				examiner cannot be the same person that in any way trained or prepared the
				applicant to be tested for a commercial driver's license, or tested to upgrade
				their CDL, add a CDL endorsement, or to remove an air brake
				restriction.
(h) upon receipt of a
				fee in the amount outlined in
				61-5-118,
				MCA, the division will accept CDL skills tests from the third-party CDL skills
				testing program and their examiners in lieu of administering its own CDL skills
				test for CDL applicants.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.5 - Licensing Operators of Commercial Motor Vehicles › Rule 23.3.568 - TEST SCHEDULING, RECORDKEEPING, AND TRANSFERRING CDL SKILLS TEST RESULTS

Current through Register Vol. 13, July 5, 2024
(1) Third-party CDL skills testing programs
				and their CDL skills test examiners must comply with the testing standard of 49
				CFR Part 384.
(2) The examiner
				must, in CSTIMS:
(a) schedule each test
				applicant at least two days prior to conducting the initial CDL skills test and
				follow up CDL skills tests;
(b)
				confirm applicant CLP has the proper class and endorsements for the applicable
				test;
(c) record required
				information of the applicant and the commercial motor vehicle used for the test
				on the electronic testing tablet;
(d) electronically transfer CDL skills
				testing results to the division; and
(e) track pass/fail rates for each component
				must be recorded for each third-party CDL skills test examiner.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.5 - Licensing Operators of Commercial Motor Vehicles › Rule 23.3.569 - AUDITING AUTHORITY BY STATE OR FMCSA REPRESENTATIVES

Current through Register Vol. 13, July 5, 2024
(1) Personnel from the division and FMCSA are
				authorized to conduct scheduled and unscheduled overt and covert audits on
				third-party CDL skills test programs and CDL skills test examiners as follows:
(a) on-site inspections must be conducted at
				least twice a year with a focus on irregular test results that allow the
				division to audit CDL skills tests by any of the following three methods:
(i) covertly take a test using a state
				employee as a test applicant;
(ii)
				have a state employee co-score a test to compare test results; or
(iii) retest a sample of drivers.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.5 - Licensing Operators of Commercial Motor Vehicles › Rule 23.3.570 - THIRD-PARTY CDL SKILLS TESTING PROGRAM AND CDL SKILLS TEST EXAMINER'S DECERTIFICATION AND RE-CERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) The
				division reserves the right to take prompt and appropriate remedial action
				against a third-party CDL skills testing program or CDL skills test examiner
				that fails to comply with state or federal standards for the CDL skills testing
				program, or with any other terms of the third-party agreement.
(2) The certification of a third-party CDL
				skills testing program or CDL skills test examiner may be revoked if the
				examiner:
(a) fails to follow 49 CFR 382, 383,
				384, or 391; Title 61, chapter 5, MCA, or ARM 23.3.560 through ARM
				23.3.570;
(b) takes fraudulent
				actions relating to testing activity or recordkeeping;
(c) fails to pay fees;
(d) fails to maintain a bond required by this
				part;
(e) fails to maintain minimum
				liability insurance required by this part; or
(f) fails to abide by the third-party CDL
				skills testing program agreement.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.7 - Vehicle Registration and License Plates › Rule 23.3.701 - EXPIRATION OF REGISTRATION PERIODS

Current through Register Vol. 13, July 5, 2024
(1) All
				registrations for motor vehicles subject to anniversary date registration
				expire on the last day of the month preceeding the anniversary registration
				period. A grace period for registration exists between the 1st and 25th days of
				the month. Motor vehicles must be registered not later than the 25th of the
				month corresponding to the anniversary registration period. Thereafter, motor
				vehicles not properly registered are in violation of law and subject to the
				fines, penalties and sanctions imposed by statute.
(2) A lien for all fees and taxes due upon
				these motor vehicles attaches as of the first day of the anniversary month and
				continues until all the fees and taxes are paid.
Sec.
					 61-3-315
					 MCA; IMP,
					 61-3-315
					 and
					 61-3-503
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.7 - Vehicle Registration and License Plates › Rule 23.3.703 - TIME FOR REGISTRATION

Current through Register Vol. 13, July 5, 2024
(1) Except for
				purposes of multiple vehicle registration, persons shall register their
				vehicles only during the anniversary period assigned to their respective motor
				vehicle. Any late registration of motor vehicles is subject to the fines and
				penalties provided by law.
Sec.
					 61-3-315
					 MCA; IMP,
					 61-3-315
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.7 - Vehicle Registration and License Plates › Rule 23.3.704 - DEALER LOT EXEMPTIONS

Current through Register Vol. 13, July 5, 2024
(1) While under
				61-3-501,
				MCA, property taxes or the fee in lieu of property taxes are prorated for the
				purchaser of a vehicle that has been sold by a licensed car dealer, all other
				fees are computed on a yearly basis and are not prorated.
Sec.
					 61-3-315
					 MCA; IMP,
					 61-3-315
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.7 - Vehicle Registration and License Plates › Rule 23.3.705 - REGISTRATION SLIPS AND VEHICLE IDENTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) In addition to the information required
				by law to be contained on motor vehicle registration slips, the slips for motor
				vehicles subject to anniversary date registration must show:
(a) the anniversary date registration period
				assigned to the motor vehicle, and
(b) the date to which fees and taxes on the
				motor vehicle have been paid.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.7 - Vehicle Registration and License Plates › Rule 23.3.751 - GENERAL PROVISIONS

Current through Register Vol. 13, July 5, 2024
(1) Beginning in
				2014, the department will implement an age-based license plate reissuance
				process. License plate reissuance is required when a set of license plates has
				been assigned to one or more vehicles for five years or more.
(2) Except as provided in (3), the five-year
				license plate reissuance process applies to all plates assigned to a vehicle
				that is subject to annual registration.
(3) The following plates are exempt from the
				five-year license plate reissuance process:
(a) permanently registered plates issued
				pursuant to
				61-3-562,
				MCA;
(b) collector's or vintage
				plates issued pursuant to
				61-3-412,
				MCA; and
(c) plates for registered
				apportionable motor vehicles as defined in
				61-3-712,
				MCA.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.7 - Vehicle Registration and License Plates › Rule 23.3.752 - SCHEDULE FOR REISSUANCE

Current through Register Vol. 13, July 5, 2024
(1) Except as
				provided in (2), license plates issued on or before December 31, 2009, will be
				reissued in 2014; plates issued in 2010 will be reissued in 2015; plates issued
				in 2011 will be reissued in 2016; plates issued in 2012 will be reissued in
				2017; plates issued in 2013 will be reissued in 2018; and plates issued in 2014
				will be reissued in 2019. Plates issued in 2015 or thereafter will be reissued
				during the registration renewal five years after the initial
				issuance.
(2) License plates that
				are not reissued in accordance with (1) must be reissued at the next
				registration renewal for that vehicle. For example, if a vehicle bearing plates
				issued on or before December 31, 2009, is renewed in 2014 before reissuance is
				initiated, those plates must be reissued the next year the vehicle registration
				is renewed (2015).
61-3-315,
					 61-3-332,
					 MCA; IMP,
					 61-3-315,
					 61-3-332,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.7 - Vehicle Registration and License Plates › Rule 23.3.753 - NOTIFICATION AND PROCESS FOR REISSUANCE

Current through Register Vol. 13, July 5, 2024
(1) When
				the license plates issued to a vehicle are due for reissuance, the department
				will send an annual registration renewal notice to the vehicle owner. The
				notice will include the total fees required for registration renewal, including
				the plate fee established in
				61-3-321(13),
				MCA.
(2) When a customer renews a
				vehicle registration online or by mail and pays the required fees, the county
				treasurer will mail the customer a new registration decal and reissued plates
				of the same design, including personalized license plates and amateur radio
				plates.
(a) For purposes of this rule, "same
				design" means an identical design or the most current version of that plate.
				For example:
(i) a sponsor plate will be
				reissued as the same design sponsor plate; if the sponsor has revised the
				plate's design, then the most current version will be provided; or
(ii) a standard issue plate will be reissued
				as a plate with the same graphics and year. This means that a vehicle with a
				1989 standard issue plate will be reissued a 1989 standard issue plate, and a
				vehicle with a 2006 standard issue plate will be reissued a 2006 standard issue
				plate. Standard plate designs and years can be viewed at
				https://doj.mt.gov/driving/license-plates/ [File Link Not Available].
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.8 - Vehicle Taxation › Rule 23.3.802 - ASSIGNMENT OF MANUFACTURER'S SUGGESTED RETAIL PRICE

Current through Register Vol. 13, July 5, 2024
(1) Each light vehicle must be assigned an
				MSRP as prescribed in the database maintained by the department on the
				statewide motor vehicle computer system. The assignment must be based on the
				vehicle identification number, make, model and year. If more than one MSRP may
				be attributed to a particular vehicle make, model and year, the lowest MSRP
				will be assigned to that vehicle in the database for purposes of calculating
				the light vehicle tax.
(2) For
				those light vehicles for which an MSRP cannot be electronically assigned from
				the department's database, the department will establish an MSRP, based on one
				of the following methods, and manually enter it on the system:
(a) the department may refer to nationally
				recognized vehicle valuation publications to locate the vehicle's
				MSRP;
(b) the department may derive
				an MSRP for the vehicle by factoring, as appropriate, from a known MSRP for the
				same or similar vehicle make and model from a different year of manufacture to
				the subject year; or
(c) the
				department may extrapolate an MSRP by using a known or standard "trade-in"
				value and age for the same or similar vehicle make and model from a prior
				registration period, as available on the system, and the appropriate
				age-vehicle type factor from the depreciation schedule, as provided in
				61-3-503,
				MCA.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.8 - Vehicle Taxation › Rule 23.3.803 - VEHICLE YEAR OF MANUFACTURE AND AGE

Current through Register Vol. 13, July 5, 2024
(1) All
				vehicles will be assigned a year of manufacture. If the year of manufacture
				cannot be determined from electronic records maintained on the system by the
				department or from information provided by the applicant at the time of
				original registration, the year of manufacture will be determined as follows:
(a) a rebuilt light vehicle, bus, heavy truck
				or truck tractor will be assigned the manufacture year of the vehicle
				body;
(b) a custom-built vehicle
				will be assigned the year stated on the manufacturer's certificate of origin or
				if the former is not available, the year of original registration;
(c) a glider kit will be assigned the year
				stated on the manufacturer's certificate of origin;
(d) a replica vehicle will be assigned the
				year of manufacture of the vehicle being replicated; and
(e) a homemade trailer will be assigned the
				year in which a vehicle identification number is assigned to the trailer by the
				department. If the trailer has previously been registered in another
				jurisdiction which has not designated a year of manufacture, the year of
				manufacture is deemed to be the year the vehicle was initially registered in
				the other jurisdiction. If the previous jurisdiction excluded the trailer from
				registration, the year of manufacture will be assigned based on a statement
				from the applicant made under penalty of law. No license plates or permits will
				be issued for a homemade trailer until a year of manufacture has been assigned
				by the department and the trailer has been inspected.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.8 - Vehicle Taxation › Rule 23.3.804 - ASSIGNMENT OF RATED CAPACITY FOR BUSES, HEAVY TRUCKS, TRUCK TRACTORS AND TRAILERS

Current through Register Vol. 13, July 5, 2024
(1) Each bus, heavy
				truck or truck tractor must be assigned an RC based on the manufacturer's rated
				gross vehicle weight for such bus or heavy truck or the manufacturer's rated
				gross combined weight for such truck tractor as prescribed in the database
				maintained by the department. The assignment must be based on the vehicle
				identification number, make, model and year for the bus, heavy truck or
				truck-tractor. If more than one manufacturer's rated gross vehicle weight or
				gross combined weight may be attributed to a particular bus, heavy truck or
				truck-tractor, the lowest RC will be assigned to that vehicle for purposes of
				inclusion in the database.
(2) For
				any bus, heavy truck or truck tractor for which a rated capacity cannot be
				electronically assigned from the department's database, the department shall
				assign a rated capacity equal to the declared weight of the vehicle as provided
				by the applicant at the time of original or subsequent registration or as
				recorded in the vehicle record maintained on the department's motor vehicle
				computer system.
(3) A trailer will
				be assigned a rated capacity equal to its declared weight.
(4) If a rated capacity has been assigned to
				a vehicle in accordance with (2) above, the rated capacity is subject to being
				replaced if, at a later time, the rated capacity as stated by the manufacturer
				is published or located or the department adopts a standard rated capacity for
				that vehicle, and the published or standard rated capacity is included in the
				department's database.
Sec.
					 61-3-506, MCA;
					 IMP,
					 61-3-101,
					 61-3-529,
					 61-3-530,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.8 - Vehicle Taxation › Rule 23.3.805 - COMPUTATION OF TAX FOR LIGHT VEHICLES

Current through Register Vol. 13, July 5, 2024
(1) Each
				year on the anniversary date of the registration of a light vehicle, the
				department will calculate the vehicle's depreciated value for taxation using
				its MSRP and the appropriate factor for vehicle age and type, as provided in
				61-3-503,
				MCA.
(2) The department will
				depreciate light vehicles that are more than 16 years of age by multiplying.90
				by the vehicle's depreciated value for the preceding registration period, as
				calculated in accordance with
				61-3-503(2),
				MCA, until the vehicle arrives at a depreciated value of $500.00 or less, in
				which case its depreciated value shall be deemed to be $500.00
				thereafter.
Sec.
					 61-3-506, MCA;
					 IMP,
					 61-3-101,
					 61-3-503,
					 61-3-504,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.8 - Vehicle Taxation › Rule 23.3.806 - PRORATION OF VEHICLE TAXES OR FEES WHILE IN DEALER INVENTORY

Current through Register Vol. 13, July 5, 2024
(1) A light vehicle, bus, heavy truck, truck
				tractor or motor home will be considered properly reported as being in a
				dealer's inventory as of the day and month the county treasurer for the county
				in which the dealer is licensed signs the certificate for proration of vehicle
				tax or fee in lieu of tax submitted by the dealer for that vehicle or enters
				notice of abatement on the department's motor vehicle computer system. The
				certificate must be submitted in a form prescribed by the department and must
				pertain to a single vehicle.
(2) An
				applicant may receive the benefit of an abatement of taxes or fees in lieu of
				taxes only if the certificate signed by the county treasurer for the county in
				which the dealer is licensed, is submitted to the county treasurer for the
				county in which application for title, registration or temporary permit for the
				subject vehicle is made on or before the date of application, unless the
				electronic vehicle record maintained by the department contains notice of
				abatement of taxes or fees in lieu of taxes at the time the application is
				submitted.
(3) If a dealer fails to
				properly report a vehicle as being in the dealer's inventory prior to the time
				an applicant appears in the county treasurer's office to apply for title,
				registration or receive a temporary permit for that vehicle, the applicant is
				not entitled to any proration of taxes or fees in lieu of taxes due.
(4) If the certificate for proration is
				submitted after the application for title, registration or a temporary permit
				has been submitted by the applicant, retroactive abatement of taxes or fees in
				lieu of taxes will not be permitted.
(5) For purposes of proration, any portion of
				a month will be treated as a whole month.
Sec.
					 61-3-506, MCA;
					 IMP,
					 61-3-101,
					 61-3-501,
					 61-3-503,
					 61-3-504,
					 61-3-529,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.8 - Vehicle Taxation › Rule 23.3.807 - GENERAL PROVISIONS

Current through Register Vol. 13, July 5, 2024
(1) If the
				statewide motor vehicle computer system is temporarily out-of-service when an
				applicant comes in to title or register a vehicle, the transaction must be
				delayed until the computer system is operational.
(2) If taxes or fees in lieu of taxes on a
				vehicle subject to the provisions of
				61-3-504 or
				61-3-529,
				MCA, have not been paid for the immediate previous year, the back taxes or fees
				will be computed under these rules, unless the applicant can prove that a
				different amount is owed based on the applicant's submission of the preceding
				year's mail renewal card (or like document prepared by the department) with the
				proper amount stated.
(3) No
				adjustments, including but not limited to a refund of taxes or fees in lieu of
				taxes paid in a prior tax year, will be made as a result of an MSRP or RC being
				replaced by a published or standard MSRP or RC in a subsequent tax
				year.
Sec.
					 61-3-506, MCA;
					 IMP,
					 61-3-101,
					 61-3-501,
					 61-3-503,
					 61-3-504,
					 61-3-529,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.901 - CERTIFICATION OF PERSONNEL AND INSTALLATIONS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  23.4.101
Sec.
					 61-8-405(6)
					 MCA; IMP,
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.902 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  23.4.102
Sec.
					 61-8-405(6)
					 MCA; IMP,
					 61-8-405(6)
					 MCA;