Administrative Rules of Montana
Department 18 - TRANSPORTATION
Chapter 18.8 - MOTOR CARRIER SERVICES DIVISION
Subchapter 18.8.15 - Safety Requirements
Rule 18.8.1501 - MOTOR CARRIER SAFETY DEFINITIONS
Universal Citation: MT Admin Rules 18.8.1501
Current through Register Vol. 18, September 20, 2024
(1) For purposes of interstate commerce safety operations and subchapter 15 of these rules, the department adopts by reference the definitions found at 49 CFR 390.5.
(2) For purposes of intrastate commerce safety operations and subchapter 15 of these rules, the department adopts by reference the definitions found at 49 CFR 390.5 with the following clarifications:
(a) "Commercial motor vehicle (CMV)" means
any self-propelled or towed motor vehicle used on a way of this state open to
the public to transport passengers or property when the vehicle:
(i) has a gross vehicle weight rating, or
gross combination weight rating, or gross vehicle weight, or gross combination
weight of 26,001 pounds or more, whichever is greater;
(ii) is designed or used to transport more
than 15 passengers, including the driver, not for compensation;
(iii) is designed or used to transport more
than eight passengers, including the driver, for compensation; or
(iv) is of any size and is used in the
transportation of materials found by the U.S. Secretary of Transportation to be
hazardous for the purposes of the Hazardous Materials Transportation Act (
49 USC
5101, et seq.) and which require the motor
vehicle to be marked or placarded under the Hazardous Materials Regulations (49
CFR chapter I, subchapter C) under
49 U.S.C.
5103 and transported in a quantity requiring
placarding under regulations prescribed by the Secretary under 49 CFR subtitle
B, chapter I, subchapter C.
(b) "Farm vehicle" means a commercial motor
vehicle that is:
(i) controlled by a farmer
and operated by the farmer or a person employed by the farmer as a private
motor carrier of property ;
(ii)
being used to transport either :
(A)
agricultural products; or
(B) farm
machinery, farm supplies, or both, to or from a farm .
(iii) not being used in the operation of a
for-hire motor carrier; and
(iv)
not carrying hazardous materials of a type or quantity that requires the
commercial motor vehicle to be placarded in accordance with
49 CFR
177.823.
(c) "Farmer" means any person who operates a
farm or is directly involved in the cultivation of land, crops, or livestock
which are:
(i) owned by that person;
or
(ii) under the direct control of
that person.
(d) "Gross
combination weight (GCW)" means the loaded weight of a combination of vehicles.
In the absence of a readily available means to determine the weight of a
vehicle combination, GCW will be deemed to equal the declared weight of the
power unit or the aggregate value of the tire rating in pounds for each tire on
a vehicle missing a manufacturer's rating certification plate, whichever is
greater.
(e) "Gross combination
weight rating (GCWR)" means the value specified by the manufacturer as the
loaded weight of a combination (articulated) motor vehicle. In the absence of a
value specified by the manufacturer, GCWR will be determined by adding the GVWR
of the power unit and the total weight of the towed unit and any load
thereon.
(f) "Gross vehicle weight
(GVW)" means the weight of a vehicle without load plus the weight of any load
on the vehicle. In the absence of a readily available means to determine the
weight of a vehicle, GVW will be deemed to equal the maximum weight limit for
which the vehicle is licensed under Title 61, chapter 10, MCA, or the actual
physical weight of the vehicle, or the aggregate value of the tire rating in
pounds for each tire on a vehicle missing a manufacturer's rating certification
plate, whichever is greater.
(g)
"Gross vehicle weight rating (GVWR)" means the value specified by the
manufacturer as the loaded weight of a single motor vehicle. In the absence of
a stated manufacturer's rated capacity for a particular vehicle, GVWR will be
deemed to equal the maximum weight limit for which the vehicle is licensed
under Title 61, chapter 10, MCA, or the actual physical weight of the
vehicle.
(h) "Intrastate commerce"
means any trade, traffic, or transportation within the state of Montana which
is not described in the term "interstate commerce," as defined in
49 CFR
390.5.
(i) "Motor carrier" means a person,
corporation, or firm transporting goods or passengers by operation of a
commercial motor vehicle upon a way of the state open to the public. The term
includes duly authorized agents, officers, and representatives, as well as
employees of the motor carrier who are responsible for hiring, supervising,
training, assigning, or dispatching of drivers and employees concerned with the
installation, inspection, and maintenance of motor vehicle equipment or
accessories.
(j) "Way of this state
open to the public" means any highway, road, alley, lane, parking area, or
other public or private place adapted and fitted for public travel that is in
common use by the public, including, but not limited to, any roadway available
to, and passable by, except during scheduled periods, extreme weather or
emergency conditions, four-wheel standard passenger cars, and open to the
general public for use without restrictive gates, prohibitive signs, or
regulation other than restrictions based on size, weight, or class of vehicle
registration.
(3) For purposes of transportation of hazardous materials in commerce, and subchapter 15 of these rules, the department adopts by reference the definitions found at 49 CFR 171.8, with the following clarification:
(a) "Hazardous materials shipper" means an
individual, corporation, company, association, firm, partnership, society,
joint stock company, government, Indian tribe, or authority of a government or
tribe, that:
(i) offers a hazardous material
for transportation in commerce;
(ii) transports a hazardous material to
support a commercial enterprise and is a private motor carrier;
(iii) performs, or is responsible for
performing, any pre-transportation function required by state or federal
statute or rule for the transportation of hazardous materials in commerce;
or
(iv) tenders or makes hazardous
materials available to a carrier for transportation in commerce.
AUTH: 61-10-155, MCA; IMP: 61-10-141, 61-10-154, MCA
Disclaimer: These regulations may not be the most recent version. Montana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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