Montana Administrative Code

23.4.207 BREATH TEST RECORDS (REPEALED) Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: NEW, 1988 MAR p. 275, Eff. 2/12/88; REP, 1991 MAR p. 1281, Eff. 7/26/91.

23.4.208 REPORTING BREATH TEST RESULTS (REPEALED) Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: NEW, 1988 MAR p. 275, Eff. 2/12/88; REP, 1991 MAR p. 1281, Eff. 7/26/91.

23.4.209 BREATH ANALYSIS INSTRUMENTS All models of breath analysis instruments used to administer testing according to 61-8-1019, MCA, must be approved by the division. The models operated by certified operators and/or senior operators prior to and on the effective date of this r…

23.4.210 SURVEYS AND PROFICIENCY TESTS Equipment and records used by nonexempt certified persons or persons applying for certification for blood testing are subject to on-site inspections by representatives of the division. The person shall accept from the division for analysis p…

23.4.211 BLOOD AND URINE TEST RECORDS All nonexempt persons performing blood and urine tests and/or analyses shall maintain the following records: proof of certification; records of tests performed and the results; and records of maintenance of instrumentation. Authorizing statut…

23.4.212 BREATH ANALYSIS INSTRUMENTATION AND ASSOCIATED EQUIPMENT All manufacturers/vendors of breath analysis instruments, associated equipment, and supplies are required to submit such breath analysis instrumentation, associated equipment, or supplies to the division for formal…

23.4.213 FIELD CERTIFICATION OF BREATH ANALYSIS INSTRUMENTS AND ASSOCIATED EQUIPMENT Breath analysis instruments shall be field certified for accuracy at least once every 31 days by a senior operator using an ethyl alcohol water standard or an ethyl alcohol gas standard which has…

23.4.214 LABORATORY CERTIFICATION All breath analysis instruments shall be returned to the division for a laboratory certification. A laboratory certification shall be considered valid for 365 days from the date of a laboratory certification. Such certification shall at a minimum…

23.4.215 QUALIFICATION OF BREATH ANALYSIS LOCATION All locations performing breath analysis must have one or more senior operator(s) responsible for the care, maintenance, and field certification of the breath analysis instrument. The senior operator does not have to be a member …

23.4.216 INITIAL CERTIFICATION OF BREATH-TEST SPECIALISTS An individual meets the qualifications for an operator permit by: attending an approved training course conducted by personnel from the division; satisfactorily demonstrating knowledge of the principles of breath test anal…

23.4.217 RENEWAL OF BREATH-TEST SPECIALIST PERMITS The division will develop and provide breath-test specialist permit renewal materials to a senior operator for each department. Senior operators shall provide the permit renewal materials to all breath-test specialists within the…

23.4.218 PERMITS No individual may perform a breath analysis for alcohol pursuant to 61-8-1019, MCA, without a current permit. Individuals holding permits issued by the division shall perform only those functions designated by that permit. Permits shall expire on January 31 in th…

23.4.219 REVOCATION OF PERMITS The division may deny, deny renewal of, suspend, or revoke the permit of any permit holder who: obtained such permit falsely or deceitfully; fails to comply with any section of the rules; or fails to demonstrate that he/she can properly carry out th…

23.4.220 COLLECTION OF BLOOD SAMPLES FOR DRUG AND/OR ALCOHOL ANALYSIS Blood samples will be collected from living individuals only by persons authorized by current law, upon written request of a peace officer, or officer of the court. Blood samples that are drawn or analyzed by m…

23.4.221 COLLECTION OF POSTMORTEM SAMPLES FOR DRUG AND/OR ALCOHOL ANALYSIS Sampling of body substances other than blood, breath, or urine is considered valid only in postmortem cases. All postmortem body material must be obtained prior to the embalming process. The sample or samp…

23.4.225 PRELIMINARY ALCOHOL SCREENING TESTS (PASTs) All models and/or types of PAST devices used for testing must be approved by the division. A list of approved PAST devices will be maintained at the division. Individuals conducting PASTs as authorized by statute must be certif…

23.4.501 DEFINITIONS Unless the context requires otherwise, the following definitions apply to this subchapter: "Blood" means whole blood which contains the cellular components and the serum or plasma of blood. "Buccal swab" means a swab taken from the mouth area to collect cheek…

23.4.502 COLLECTION OF BIOLOGICAL SAMPLES FOR DNA ANALYSIS A buccal swab sample shall be collected by the appropriate law enforcement agency, corrections facility or other statutorily authorized agency. A blood sample shall be collected by a physician, registered nurse, licensed …

23.4.503 STORAGE OF DNA SAMPLES The DNA sample should be kept in a secure location and mailed to the division within seven days. Authorizing statute(s): Sec. 44-6-110, MCA Implementing statute(s): Sec. 44-6-103, MCA History: NEW, 1996 MAR p. 2172, Eff. 8/9/96; AMD, 2002 MAR p. 19…

23.5.103 APPLICATION OF SAFETY RULES TO LIGHTWEIGHT VEHICLES (REPEALED) Authorizing statute(s): 44-1-1005(1), 69-12-201, MCA Implementing statute(s): 69-12-201(2), MCA History: NEW, 1983 MAR p. 1735, Eff. 11/26/83; TRANS, from Department of Public Service Regulation, Ch. 686, L. …

23.5.104 EXEMPTION FROM DRIVER SAFETY STANDARDS FOR LOCAL COMMERCIAL VEHICLES (REPEALED) Authorizing statute(s): 44-1-1005(1), 69-12-201, MCA Implementing statute(s): 69-12-201(2), MCA History: NEW, 1983 MAR p. 1735, Eff. 11/26/83; TRANS, from Department of Public Service Regulat…

23.5.106 COMMERCIAL VEHICLE SAFETY ALLIANCE (REPEALED) Authorizing statute(s): 44-1-1005(1), 69-12-201, MCA Implementing statute(s): 69-12-201(1), MCA History: NEW, 1983 MAR p. 1735, Eff. 11/26/83; TRANS, from Department of Public Service Regulation, Ch. 686, L. 1985, Eff. 7/1/85…

23.5.107 CRITICAL ITEM INSPECTION (REPEALED) Authorizing statute(s): 44-1-1005(1), 69-12-201, MCA Implementing statute(s): 69-12-201(1), MCA History: NEW, 1983 MAR p. 1735, Eff. 11/26/83; TRANS, from Department of Public Service Regulation, Ch. 686, L. 1985, Eff. 7/1/85; REP, 199…

23.5.108 INSPECTION REPORT (REPEALED) Authorizing statute(s): 44-1-1005(1), 69-12-201(1), 69-12-201(2), MCA Implementing statute(s): 69-12-201(1), 69-12-201(2), MCA History: NEW, 1983 MAR p. 1735, Eff. 11/26/83; TRANS, from Department of Public Service Regulation, Ch. 686, L. 198…

23.5.109 OUT OF SERVICE ORDERS (REPEALED) Authorizing statute(s): 44-1-1005(1), 69-12-201, MCA Implementing statute(s): 69-12-201(1), 69-12-201(2), MCA History: NEW, 1983 MAR p. 1735, Eff. 11/26/83; TRANS, from Department of Public Service Regulation, Ch. 686, L. 1985, Eff. 7/1/8…

23.5.110 SAFETY INSPECTION IDENTIFICATION DECALS (REPEALED) Authorizing statute(s): 44-1-1005(1), 69-12-201, MCA Implementing statute(s): 69-12-201(1), 69-12-201(2), MCA History: NEW, 1983 MAR p. 1735, Eff. 11/26/83; TRANS, from Department of Public Service Regulation, Ch. 686, L…

23.5.111 LOCATION OF INSPECTIONS (REPEALED) Authorizing statute(s): 44-1-1005, 69-12-201, MCA Implementing statute(s): 69-12-201(1), 69-12-201(2), MCA History: NEW, 1983 MAR p. 1735, Eff. 11/26/83; TRANS, from Department of Public Service Regulation, Ch. 686, L. 1985, Eff. 7/1/85…

23.6.101 DEFINITIONS In addition to the definitions contained in 61-8-903, MCA, and unless the context requires otherwise, the following definitions apply to this subchapter: "Cargo" means the contents inside or on a towed or hauled vehicle or any unit attached to a towed vehicle…

23.6.103 CLASSIFICATION OF TOW TRUCK EQUIPMENT All operators of commercial tow truck equipment in the state of Montana who wish to participate in the state law enforcement rotation system must have their tow trucks classified. In order to have a tow truck classified, an operator …

23.6.105 TOW TRUCK COMPLAINT RESOLUTION COMMITTEE - ESTABLISHMENT Pursuant to 61-8-912, MCA, there is a tow truck complaint resolution committee, consisting of six members. The Attorney General shall appoint the members of the committee. Applications for appointment to the commit…

23.6.106 TOW TRUCK COMPLAINT RESOLUTION COMMITTEE - JURISDICTION AND PROCEDURE Pursuant to 61-8-912, MCA, the committee shall review and resolve complaints about tow truck issues, including towing charges. The committee shall have the authority to act as a hearing examiner in con…

23.6.108 VEHICLE TOW AND STORAGE REQUIREMENTS - INSURANCE For purposes of compliance with the insurance standards of 61-8-906, MCA, an operator's storage facility is deemed to be part of its business premises. A representative of the Montana Highway Patrol or of a local law enfor…

23.6.109 SAFETY INSPECTION PROCESS All operators of commercial tow truck equipment in the state of Montana must have an annual safety inspection. The department hereby adopts by reference the CVSA level 1 inspection, 49 CFR Chapter III, Subchapter B, Appendix G, as standards for …

23.6.110 GENERAL TOW TRUCK EQUIPMENT SAFETY STANDARDS All towing and recovery equipment mounted on the chassis of a commercial tow truck must meet the following standards: chain or cable capable of safely handling loads equal to the minimum manufacturer's ratings established in 6…

23.6.113 STATE LAW ENFORCEMENT ROTATION SYSTEM - ADMISSION AND SUSPENSION The state law enforcement rotation system consists of lists of the names and telephone numbers of qualified class "A", "B", and "C" tow truck operators in different parts of the state. Operators are called …

23.7.105 ADOPTION OF UNIFORM FIRE CODE (IS HEREBY REPEALED) Authorizing statute(s): 50-3-102(2), 50-61-102, MCA Implementing statute(s): 50-3-102, 50-61-102, MCA History: NEW, 1991 MAR p. 1839, Eff. 9/27/91; AMD, 1992 MAR p. 2074, Eff. 8/14/92; AMD, 1993 MAR p. 2953, Eff. 12/10/9…

23.7.107 FIRE ESCAPES FOR PUBLIC BUILDINGS (IS HEREBY REPEALED) Authorizing statute(s): 50-3-102, 50-3-106, MCA Implementing statute(s): 50-3-106, MCA History: NEW, 1991 MAR p. 1839, Eff. 9/27/91; AMD, 1999 MAR p. 2860, Eff. 12/17/99; REP, 2005 MAR p. 260, Eff. 2/11/05.

23.7.111 UNIFORM FIRE CODE (IS HEREBY REPEALED) Authorizing statute(s): 50-3-102(2), 50-61-102, MCA Implementing statute(s): 50-3-102, 50-61-102, MCA History: NEW, 1978 MAR p. 901, Eff. 6/24/78; AMD, 1980 MAR p. 87, Eff. 1/18/80; AMD, 1983 MAR p. 280, Eff. 4/1/83; AMD, 1985 MAR p…