Current through Register Vol. 18, September 20, 2024
(1) The department shall implement a
commercial vehicle safety program to assume responsibility for improving motor
carrier safety and enforcing safety standards under federal regulations adopted
by reference in ARM
18.8.1502 and state standards
found in Montana statutes and administrative rules.
(2) The commercial vehicle safety program
shall conduct safety inspections and investigations of hazardous material
shippers, for-hire motor carriers, private motor carriers, or any motor vehicle
or vehicle combination as defined in
61-10-154, MCA, when the vehicle
is used in interstate or intrastate commerce in Montana.
(3) The department shall designate motor
carrier services officers as peace officers under
61-10-154, MCA, with authority to
conduct the following safety program activities:
(a) Enforce the provisions of Title 49, USC,
and the federal regulations that have been adopted under Title 49 in the Code
of Federal Regulations;
(b) Enforce
the provisions of the Commercial Vehicle Safety Alliance (CVSA), North American
Out-of-Service Criteria, as incorporated by reference in ARM
18.8.1505;
(c) Conduct roadside inspections of
commercial motor vehicles for compliance with federal and state safety
requirements;
(d) Conduct
investigations of commercial motor carriers or hazardous materials shippers for
compliance with federal and state safety requirements or hazardous materials
requirements, including right of entry for investigations at the commercial
motor carriers' place of business;
(e) Require production of documents relating
to the commercial motor carrier and commercial motor vehicle safety regulations
adopted under administrative rules;
(f) Issue citations and make arrests in
connection with violations of safety standards adopted under these
administrative rules; and
(g) All
other reasonable activities allowed by federal statutes or regulations, or by
state statutes, or administrative rules related to safety inspections and
investigations.
(4) The
department shall designate civilian safety inspectors, with authority to
conduct the following safety program activities:
(a) Enforce the provisions of Title 49, USC,
and the federal regulations that have been adopted under Title 49 in the Code
of Federal Regulations;
(b) Enforce
the provisions of the Commercial Vehicle Safety Alliance (CVSA), North American
Out-of-Service Criteria, as incorporated by reference in ARM
18.8.1505;
(c) Conduct roadside
inspections of commercial motor vehicles for compliance with federal and state
safety requirements;
(d) Conduct
investigations of commercial motor carriers or hazardous materials shippers for
compliance with federal and state safety requirements or hazardous materials
requirements, including right of entry investigations at the commercial motor
carriers' place of business;
(e)
Require production of documents relating to the commercial motor carrier and
commercial motor vehicle safety regulations adopted under administrative
rules;
(f) Refer violations and
violators to designated motor carrier services officers or Montana Highway
Patrol (MHP) officers for issuance of citations and performance of arrests in
connection with violations of safety standards adopted under these
administrative rules; and
(g) All
other reasonable activities allowed by federal statutes or regulations, or by
state statutes, or administrative rules related to safety inspections and
investigations.
(5) The
department shall coordinate with MHP for MHP officer enforcement of the federal
and state safety regulations adopted in Montana. MHP officers shall have
authority to conduct all of the following safety program activities:
(a) Enforce the provisions of Title 49, USC,
and the federal regulations that have been adopted under Title 49 in the Code
of Federal Regulations;
(b) Enforce
the provisions of the Commercial Vehicle Safety Alliance (CVSA), North American
Out-of-Service Criteria, as incorporated by reference in ARM
18.8.1505;
(c) Conduct roadside
inspections of commercial motor vehicles for compliance with federal and state
safety requirements;
(d) Conduct
investigations of commercial motor carriers or hazardous materials shippers for
compliance with federal and state safety requirements, or hazardous materials
requirements, including right of entry for investigations at the commercial
motor carriers' place of business;
(e) Require production of documents relating
to the commercial motor carrier and commercial motor vehicle safety regulations
adopted under administrative rules;
(f) Issue citations and make arrests in
connection with violations of safety standards adopted under these
administrative rules; and
(g) All
other reasonable activities allowed by federal statutes or regulations, or by
state statutes, or administrative rules related to safety inspections and
investigations.
61-10-155, MCA; IMP,
44-1-1005,
61-10-154,
MCA;
