Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.8 - MOTOR CARRIER SERVICES DIVISION › Subchapter 18.8.15 - Safety Requirements › Rule 18.8.1502 - FEDERAL MOTOR CARRIER SAFETY RULES AND STATE MODIFICATIONS

Current through Register Vol. 13, July 5, 2024
(1) Any commercial motor vehicle or motor
				carrier subject to regulation by the department under  61-10-154, MCA, shall
				comply with and the department adopts by reference the following portions of
				the Federal Motor Carrier Safety Regulations of the U.S. Department of
				Transportation, subject to the provisions of (2). The regulations adopted are
				 49 CFR part 373, 49 CFR part 375, 49 CFR parts 377 through 379, 49 CFR part
				382,  49 CFR part 383, 49 CFR part 385, 49 CFR part 386  subpart F - Injunctions
				and Imminent Hazards,  49 CFR part 387, 49 CFR parts 390 through 399, and
				Appendix G to subchapter B of chapter III, Title 49 of the Code of Federal
				Regulations, as updated through April 25, 2024. Copies of the regulations may
				be obtained from the U.S. Government Printing Office, 732 North Capitol Street,
				NW, Washington, DC 20401-0001, or at
www.gpo.gov
.
(2) The federal regulations incorporated by
				reference are subject to the following modifications:
(a) For purposes of  49 CFR part 385, the
				safety investigation applied to intrastate carriers will be referred to as an
				"intrastate safety investigation." The department will conduct intrastate
				safety investigations in compliance with ARM 18.8.1506.
(b)
										49 CFR part 387, subpart A, 387.7 and 387.9  apply to for-hire motor carriers operating in interstate or foreign
				commerce and motor carriers transporting hazardous material. Section  61-6-103,
				MCA, establishes the minimum level of financial responsibility for for-hire
				motor carriers transporting nonhazardous material intrastate.
(c) With respect to  49 CFR 390.19, an
				intrastate motor carrier must complete a "Motor Carrier Identification Report"
				(form MCS-150) at the following times:
(i)
				before the carrier begins operation; and
(ii) every 24 months thereafter, in
				accordance with the schedule in  49 CFR 390.19.
(d) For the purpose of  49 CFR 390.21, the
				department will assign a United States Department of Transportation (USDOT)
				number to each intrastate motor carrier and that number, in addition to the
				name or trade name of the motor carrier, must be marked on each self-propelled
				commercial motor vehicle operated by the carrier in the same manner as is
				required of a federally issued USDOT number except:
(i) The motor carrier is required to mark
				each vehicle subject to these regulations with the assigned "USDOT" number
				immediately followed by the state abbreviation "MT."
(e) Part 391 is subject to the age and
				physical qualification provisions of ARM 23.3.505 and 23.3.506 for those
				individuals operating under a type 2 commercial driver's license and not
				engaged in "interstate commerce," as defined in  49 CFR part 391.
(f) For the purpose of  49 CFR 395.1(k), the
				planting and harvesting seasons during which transportation of agricultural
				commodities or farm supplies for agricultural purposes is conducted shall be
				deemed to run from January 1 through December 31 of each year.
(g) For the purpose of  49 CFR 395.8, a person
				exempted from  49 CFR 395.3  pursuant to the exclusion set forth in  49 CFR 395.1(k)  must keep a daily record of the number of hours worked. The format of
				the daily record may be determined by the record keeper, so long as the format
				includes a provision for entry of hours worked by calendar day. The daily
				record must be retained for a period of six months from initial entry date.
				Payroll records or time sheets may be used for this purpose, if they are
				updated on a daily basis.
(h) For
				purposes of  49 CFR 396.9, a Commercial Vehicle Safety Alliance (CVSA) Level I,
				II, III, and V inspection performed by a certified officer or investigator
				requires the driver's presence and participation to complete the safety
				inspection of the driver and motor vehicle.