Montana Administrative Code

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: (1) Unless the trailer is equipped with brakes in compliance with section 61-9-301, MCA, it may not be towed at a sp…

23.3.425 EXEMPTIONS FROM SEATBELT LAW (1) 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 hi…

23.3.426 APPLICATION FOR AND USE OF EXEMPTION CERTIFICATE (1) 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…

23.3.501 SCOPE OF SUBCHAPTER; DUTIES OF OWNER-OPERATORS (1) The rules in this subchapter establish minimum qualifications for commercial motor vehicle operators, and provide for methods of testing those qualifications. (2) These rules do not prohibit a motor carrier from imposing…

23.3.502 DEFINITIONS Unless the context indicates otherwise, the words and phrases in this subchapter have the definitions set forth in this rule. (1) "Bureau" means the Driver Services Bureau, unless otherwise specifically stated. (2) "CDL skills test" means a test given to appl…

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

23.3.504 PHYSICAL QUALIFICATIONS FOR TYPE 1 ENDORSEMENT (1) 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…

23.3.505 ELIGIBILITY FOR TYPE 2 ENDORSEMENT (1) A person is eligible to receive a type 2 endorsement if the person: (a) is at least 18 years of age; (b) can safely operate the type of commercial motor vehicle driven; (c) can determine whether the cargo he/she transports (includin…

23.3.506 PHYSICAL QUALIFICATIONS FOR TYPE 2 ENDORSEMENT (1) A person may not be issued, nor may he/she retain a type 2 endorsement, unless he/she: (a) 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 gras…

23.3.507 MEDICAL STATEMENT REQUIRED FOR TYPE 2 ENDORSEMENT--EXCEPTION (1) 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: (a) the applicant's…

23.3.508 APPLICATION FOR ENDORSEMENT (1) 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) a…

23.3.509 CERTIFICATE OF EMPLOYMENT (1) 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: (a) the full name of the applica…

23.3.510 ONE LICENSE AFFIDAVIT (1) 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: (a) the full name of the applicant as it a…

23.3.511 SCHEDULING EXAMINATIONS (1) 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…

23.3.512 WRITTEN TESTS FOR ENDORSEMENTS (1) Separate written tests will be given for each type or class of endorsement. (2) Written tests for type 1 endorsements consist of 50 questions relating to the operating characteristics of articulated vehicles, multi-unit vehicles, and ve…

23.3.513 DISQUALIFICATION OF VEHICLE FOR EXAMINATION (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) …

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: (1) When a driving examination is required for a passenger endorsement, the examination must be conducted in a pas…

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

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 (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 …

23.3.517 INSTRUCTION PERMITS (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 end…

23.3.518 TEMPORARY LICENSES (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…

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 (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 governmen…

23.3.521 EMERGENCY OPERATION OF COMMERCIAL MOTOR VEHICLES (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 …

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: (1) 23.3.101 COUNTY TREASURER AS FEE COLLECTING AGENTS; (2) 23.3.112 ORDER OF STEPS IN EXAM…

23.3.523 SEASONAL CDL (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…

23.3.524 REQUIREMENTS FOR A SCHOOL BUS ENDORSEMENT (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 s…

23.3.525 RECORDS CHECK PRIOR TO PROCESSING A COMMERCIAL DRIVER LICENSE APPLICATION, ENTRY-LEVEL DRIVER TRAINING, AND DRUG AND ALCOHOL CLEARINGHOUSE (1) The department shall conduct an electronic query to the entry-level driver training provider registry before administering a com…

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

23.3.561 ACCEPTANCE OF THIRD-PARTY CDL SKILLS TESTING RESULTS (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 …

23.3.562 THIRD-PARTY CDL SKILLS TESTING PROGRAM APPLICATION (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) prov…

23.3.563 THIRD-PARTY CDL SKILLS TESTING PROGRAM AGREEMENT AND CERTIFICATION (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)…

23.3.564 THIRD-PARTY CDL SKILLS TESTING PROGRAM AGREEMENT (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-par…

23.3.565 THIRD-PARTY CDL SKILLS TESTING PROGRAM CERTIFICATION (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…

23.3.566 CERTIFICATION FOR EACH THIRD-PARTY CDL SKILLS TEST EXAMINER (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 fil…

23.3.567 CONDUCTING THIRD-PARTY CDL SKILLS TESTS (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 t…

23.3.568 TEST SCHEDULING, RECORDKEEPING, AND TRANSFERRING CDL SKILLS TEST RESULTS (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 app…

23.3.569 AUDITING AUTHORITY BY STATE OR FMCSA REPRESENTATIVES (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 inspec…

23.3.570 THIRD-PARTY CDL SKILLS TESTING PROGRAM AND CDL SKILLS TEST EXAMINER'S DECERTIFICATION AND RE-CERTIFICATION (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…

23.3.701 EXPIRATION OF REGISTRATION PERIODS (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 o…

23.3.702 MULTIPLE REGISTRATION A person who is the owner, or one of the owners, of more than one motor vehicle subject to anniversary date registration may register all those vehicles at one time, regardless of the registration periods of the individual vehicles. Multiple registr…

23.3.703 TIME FOR REGISTRATION (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 penalt…

23.3.704 DEALER LOT EXEMPTIONS (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. Authorizi…

23.3.705 REGISTRATION SLIPS AND VEHICLE IDENTIFICATION (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 pe…