Current through Register Vol. 18, September 20, 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.
