Current through Register Vol. 6, March 22, 2024
(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 CDL must be employed in one of the following farm-related
service areas:
(a) custom
harvesters;
(b) farm retail outlets
and suppliers;
(c) agri-chemical
businesses;
(d) livestock feeders.
This seasonal CDL will be issued without the knowledge and
skill testing normally required of any applicant for a CDL. The specific
requirements for obtaining a seasonal CDL are detailed within this rule and
take the place of the normal knowledge and skill testing requirements.
(2) The requirements
for a seasonal CDL which, in effect, substitute for the knowledge and skills
tests, are as follows:
(a) Applicants must
have a "good driving record" in accordance with the federal requirements found
in
49
CFR 383.77. These specific requirements are
found in subsection (3) of this rule. Drivers who have not held any motor
vehicle operators license for at least one year will not be eligible for the
seasonal CDL. Drivers who have between one and two years of driving experience
must demonstrate the "good driving record" requirements for their entire
driving history. Drivers with more than two years of driving experience must
meet the "good driving record" requirements for the two most recent years. All
applicants for a seasonal CDL must possess a Montana driver's
license.
(b) Seasonal CDL's will
have the same renewal cycle (four years) as a regular CDL but will only be
valid for the operation of a commercial motor vehicle for the time period of
March 15 through September 11 in any given calendar year. The seasonal CDL must
be revalidated each year for seasonal use by confirming the "good driving
record" requirements. The seasonal CDL may be used throughout the year for the
operation of motor vehicles not defined as commercial motor vehicles.
(c) Seasonal CDL holders are limited to
operating class B and C vehicles only.
(d) Seasonal CDL holders may not drive
vehicles carrying any placarded quantities of hazardous materials, except for
diesel fuel in quantities of 1000 gallons or less transported only in vehicles
with a total capacity of 1,000 gallons or less; liquid fertilizers (i.e., plant
nutrients) in vehicles or implements of husbandry with total capacities of
3,000 gallons or less; and solid fertilizers (i.e., solid plant nutrients) that
are not transported with any organic substances.
(e) Seasonal CDL holders may not operate a
commercial motor vehicle beyond 150 miles from the place of business or the
farm currently being served.
(f)
Applicants intending to operate wholly in intrastate commerce must meet the
eligibility requirements found in ARM
23.3.505,
23.3.506 and
23.3.507. Applicants intending to
operate in interstate commerce must meet the eligibility requirements found in
ARM 23.3.503 and
23.3.504.
(g) The fee for a seasonal CDL is
$14.00.
(3) The "good
driving record" requirements are:
(a) No
multiple licenses;
(b) No driver's
license suspensions, revocations, or cancellations of any kind;
(c) No convictions in any type of motor
vehicle for driving under the influence of alcohol or drugs, leaving the scene
of an accident, or committing any felony involving a motor vehicle;
(d) No convictions whatsoever (in any type of
motor vehicle for serious traffic violations (i.e., speeding at 15 miles per
hour greater than the posted limit; reckless driving; improper or erratic lane
changes; following too closely) ;
(e) No convictions for accident-connected
traffic law violations, and no record of at-fault accidents.
(4) Applicants must provide the
department with a driving record sufficient to verify the "good driving record"
requirements.
(5) Seasonal CDL
holders will be subject to disqualification and license suspension or
revocation under the same terms and conditions as any other CDL holder. These
terms and conditions are found in Title 61, chapter 8, part 8, MCA. In
addition, any violation of the "good driving record" requirements will result
in the immediate suspension of the seasonal CDL.
61-5-112,
61-5-117,
61-5-125,
MCA;