Montana Administrative Code

23.3.404 QUALIFIED TOW CAR SERVICE In selecting the nearest tow car service the officer shall be governed by his or her past experience in securing prompt and adequate service, and his or her knowledge as to the availability of storage facilities to protect the vehicle, its acces…

23.3.405 TOW CAR SERVICE ROTATION SYSTEM In localities where there are two or more tow car services, officers shall distribute tow car service calls on an equitable basis by an established "Tow Car Rotation System." The "Tow Car Rotation System" must be used when all tow car serv…

23.3.406 ACCEPTING AUTOMOBILE CLUB CARDS IN LIEU OF BOND For purposes of this rule, "card" means an Automobile Club Card or Guaranteed Arrest Bond Certificate. Officers may accept an authentic official card issued by any of the agencies recognized by the state auditor in lieu of …

23.3.407 ACCEPTING PERSONAL ITEMS IN LIEU OF BOND A Highway Patrol officer may not accept personal items (such as watches, cameras, tools, etc.) in lieu of cash bond. If an officer accepts personal items in lieu of a cash bond, he is financially responsible to the judge in an amo…

23.3.408 POSTING BOND MONIES WITH COURT Any monies collected as bail bond should be remitted to the justice of the peace within 5 days from the date such money was collected or accepted. All officers are subject to individual "on the spot" audit of their records and collection of…

23.3.409 OUT-OF-STATE VIOLATORS Officers may assume that an out of state violator will not answer a traffic citation once he has been allowed to leave the state. Therefore, officers should not allow such violators to proceed without first setting and accepting an appearance bond …

23.3.410 RECOMMENDATION FOR REEXAMINATION A reexamination ordered under section 61-5-207 MCA, requires evidence of incompetency or other disqualifications. Recommendations submitted by officers must be accompanied by a written statement describing the incompetency or other disqua…

23.3.411 SURRENDER OF SUSPENDED, REVOKED OR CANCELLED DRIVERS LICENSE Persons refusing to surrender suspended, revoked or cancelled licenses on demand, should be issued a citation under section 61-5-302(4) MCA. Authorizing statute(s): Sec. 44-1-103 MCA Implementing statute(s): 61…

23.3.412 ABANDONED VEHICLES REPEALED Authorizing statute(s): Sec. 44-1-103 MCA Implementing statute(s): Sec. 61-8-705, 61-12-401 MCA History: Eff. 12/31/72; REP, 1988 MAR p. 72, Eff. 1/15/88.

23.3.413 AIRCRAFT LANDINGS REPEALED Authorizing statute(s): Sec. 44-1-103 MCA Implementing statute(s): Sec. 41-1-102 MCA History: Eff. 12/31/72; REP, 1988 MAR p. 72, Eff. 1/15/88.

23.3.414 CHEMICAL TEST RESULTS TO BE CONFIDENTIAL REPEALED Authorizing statute(s): Sec. 44-1-103 MCA Implementing statute(s): Sec. 61-8-402 MCA History: Eff. 12/31/72; REP, 1988 MAR p. 72, Eff. 1/15/88.

23.3.415 POLICY FOR BLOCKING HIGHWAYS DUE TO WEATHER CONDITIONS REPEALED Authorizing statute(s): Sec. 44-1-103 MCA Implementing statute(s): Sec. 44-1-102 MCA History: Eff. 12/31/72; REP, 1988 MAR p. 72, Eff. 1/15/88.

23.3.416 UNIFORM APPROVAL OF MOTOR VEHICLE SAFETY EQUIPMENT The state of Montana and the American Association of Motor Vehicle Administrators enter into the following agreement: The purpose is to provide a uniform procedure for approval of motor vehicle safety equipment component…

23.3.417 STANDARDS FOR PROTECTIVE HEADGEAR The Department of Justice adopts and incorporates in these rules the American National Standard Institution (ANSI) Standard 290.1-1971, and the Federal Motor Vehicle Safety Standard (FMVSS) 218 (49 C.F.R. § 571.218)and all subsequent ame…

23.3.418 STANDARDS FOR CHILD SAFETY RESTRAINT SYSTEMS All child safety restraint systems purchased after January 1, 1984, for use in motor vehicles to comply with the provisions of sections 61-9-419 through 61-9-423, MCA, must conform to federal standards outlined in Federal Moto…

23.3.419 EXEMPTIONS The provisions and requirements of section 61-9-420(1) , MCA, do not apply to any child who, because of a physical or medical condition, or because of body size, cannot be placed in a child safety restraint system or safety belt. Authorizing statute(s): Sec. 6…

23.3.420 SAFETY EQUIPMENT FOR FERTILIZER TRAILERS Trailers designed for transporting and dispersing fertilizer shall comply with the following safety requirements: Unless the trailer is equipped with brakes in compliance with section 61-9-301, MCA, it may not be towed at a speed …

23.3.425 EXEMPTIONS FROM SEATBELT LAW The provisions of section 61-13-103(1) , MCA, forbidding operation of a motor vehicle unless each occupant of a designated seating position is wearing a seatbelt, do not apply to an occupant of a motor vehicle who must in the course of his or…

23.3.426 APPLICATION FOR AND USE OF EXEMPTION CERTIFICATE Persons who qualify for an exemption under ARM 23.3.425 may apply for an exemption certificate from the Department of Justice, Motor Vehicle Division, 303 Roberts, Helena, Montana. Application is made by completing and sub…

23.3.501 SCOPE OF SUBCHAPTER; DUTIES OF OWNER-OPERATORS The rules in this subchapter establish minimum qualifications for commercial motor vehicle operators, and provide for methods of testing those qualifications. These rules do not prohibit a motor carrier from imposing more st…

23.3.502 DEFINITIONS Unless the context indicates otherwise, the words and phrases in this subchapter have the definitions set forth in this rule. "Bureau" means the Driver Services Bureau, unless otherwise specifically stated. "CDL skills test" means a test given to applicants f…

23.3.503 ELIGIBILITY FOR TYPE 1 ENDORSEMENT A person is eligible to receive a type 1 endorsement if the person: is at least 21 years old; can read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in t…

23.3.504 PHYSICAL QUALIFICATIONS FOR TYPE 1 ENDORSEMENT A person may not be issued, nor may he/she retain a type 1 endorsement, unless he/she is physically qualified to have the endorsement and has on his/her person the original or a photographic copy of a medical certificate cer…

23.3.505 ELIGIBILITY FOR TYPE 2 ENDORSEMENT A person is eligible to receive a type 2 endorsement if the person: is at least 18 years of age; can safely operate the type of commercial motor vehicle driven; can determine whether the cargo he/she transports (including baggage in a p…

23.3.506 PHYSICAL QUALIFICATIONS FOR TYPE 2 ENDORSEMENT A person may not be issued, nor may he/she retain a type 2 endorsement, unless he/she: has no loss of a foot, a leg, a hand, or an arm; no impairment of a hand or finger which interferes with prehension or power grasping; no…

23.3.507 MEDICAL STATEMENT REQUIRED FOR TYPE 2 ENDORSEMENT--EXCEPTION An applicant for a type 2 endorsement must complete a medical statement on a form supplied by the department unless he/she presents a current medical certificate. The statement includes: the applicant's full na…

23.3.508 APPLICATION FOR ENDORSEMENT An applicant for any type or class endorsement must successfully complete a vision examination, and new applicants must successfully complete a written and driving examination as designated for the type(s) and class(es) of endorsement(s) appli…

23.3.509 CERTIFICATE OF EMPLOYMENT The certificate of employment/experience, which may be issued singly or as part of an application for a commercial motor vehicle operator's endorsement, is on a form furnished by the department, and includes: the full name of the applicant as it…

23.3.510 ONE LICENSE AFFIDAVIT The one license affidavit, which may be issued singly or as part of an application for a commercial motor vehicle operator's endorsement, is completed on a form furnished by the department and contains: the full name of the applicant as it appears o…

23.3.511 SCHEDULING EXAMINATIONS An applicant for a commercial motor vehicle endorsement may make application, present medical certificates or medical statements, certificates of employment/experience, and one license affidavits, and take the vision and written examination at any…

23.3.512 WRITTEN TESTS FOR ENDORSEMENTS Separate written tests will be given for each type or class of endorsement. Written tests for type 1 endorsements consist of 50 questions relating to the operating characteristics of articulated vehicles, multi-unit vehicles, and vehicles w…

23.3.513 DISQUALIFICATION OF VEHICLE FOR EXAMINATION 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. An exami…

23.3.514 GENERAL RULES FOR DRIVING EXAMINATIONS FOR CLASS A , B , AND C ENDORSEMENTS The following rules apply to class A, B, and C endorsement driving examinations: When a driving examination is required for a passenger endorsement, the examination must be conducted in a passeng…

23.3.515 DRIVING EXAMINATION FOR CLASS A, B, AND C ENDORSEMENTS 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 fai…

23.3.516 DRIVING EXAMINATION FOR CLASS B ENDORSEMENT REPEALED Authorizing statute(s): Sec. 61-5-112, 61-5-117, 61-5-125 MCA Implementing statute(s): Sec. 61-5-110, 61-5-112 MCA History: NEW, 1988 MAR p. 62, Eff. 1/15/88; REP, 1989 MAR p. 486, Eff. 4/28/89.

23.3.516A AIR BRAKE RESTRICTION 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 equi…

23.3.517 INSTRUCTION PERMITS 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 endorse…

23.3.518 TEMPORARY LICENSES 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…

23.3.519 EXCHANGING OR CONVERTING A CHAUFFEUR'S LICENSE TO COMMERCIAL VEHICLE OPERATOR'S ENDORSEMENT (REPEALED) Authorizing statute(s): 61-5-112, 61-5-117, 61-5-125 MCA Implementing statute(s): 61-5-102, 61-5-105 to 61-5-108, 61-5-110 to 61-5-112, 61-5-201, 61-5-209, 61-5-210, MC…

23.3.520 REPORTING VIOLATIONS OF COMMERCIAL VEHICLE OPERATORS 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 wh…

23.3.521 EMERGENCY OPERATION OF COMMERCIAL MOTOR VEHICLES 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 dura…

23.3.522 APPLICABILITY OF EXISTING RULES Only the following rules in ARM Title 23, chapter 3, subchapter 1, apply to the handling of applications for commercial motor vehicle endorsements: 23.3.101 COUNTY TREASURER AS FEE COLLECTING AGENTS; 23.3.112 ORDER OF STEPS IN EXAMINING; 2…

23.3.523 SEASONAL CDL 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…

23.3.524 REQUIREMENTS FOR A SCHOOL BUS ENDORSEMENT 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. An applicant for a school bus endorsement must satisfy t…

23.3.525 RECORDS CHECK PRIOR TO PROCESSING A COMMERCIAL DRIVER LICENSE APPLICATION, ENTRY-LEVEL DRIVER TRAINING, AND DRUG AND ALCOHOL CLEARINGHOUSE The department shall conduct an electronic query to the entry-level driver training provider registry before administering a commerc…

23.3.560 THIRD-PARTY CDL SKILLS TESTING PROGRAM ELIGIBILITY 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. Authorizing statute(s): 61-5-118, MCA Implementing statute(s): 61-…

23.3.561 ACCEPTANCE OF THIRD-PARTY CDL SKILLS TESTING RESULTS 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. The division will accept valid te…

23.3.562 THIRD-PARTY CDL SKILLS TESTING PROGRAM APPLICATION Eligible entities must submit an application stating their desire to become a third-party CDL skills testing program. The applicant must: be an eligible third-party CDL skills testing program entity; provide the applican…

23.3.563 THIRD-PARTY CDL SKILLS TESTING PROGRAM AGREEMENT AND CERTIFICATION 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. Upon re…

23.3.564 THIRD-PARTY CDL SKILLS TESTING PROGRAM AGREEMENT 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. The third-party CDL t…