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Rule Title: DEFINITIONS
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Department: TRANSPORTATION
Chapter: MOTOR CARRIER SERVICES DIVISION
Subchapter: General Definitions
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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18.8.101    DEFINITIONS

The following definitions shall apply throughout this chapter.

(1) "Calendar quarter" means a period of three consecutive months ending March 31, June 30, September 30, or December 31.

(2) "Commercial motor vehicle" means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle:

(a) has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight of 10,001 pounds or more;

(b) is designed or used to transport more than eight passengers (including the driver) for compensation;

(c) is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or

(d) is used in transporting material found by the U.S. Secretary of Transportation to be hazardous under 49 USC 5103 and transported in a quantity requiring placarding under regulation prescribed by the Secretary under 49 CFR, subtitle B, chapter 1, subchapter C.

(3) "Commercial use" means vehicles registered to a business, company, co-op, or corporation which are used in these businesses or a vehicle used in commerce.

(4) "Construction equipment" means any vehicle, machine, or attachment designed or adapted for and used in construction, heavy construction, highway construction, or remodeling work, as defined in 61-10-102, MCA.

(5) "Continuous travel" means unrestricted hours of travel for certain vehicles or loads operating under special permits. Movement is allowed 24 hours per day, seven days per week, including holidays and holiday weekends.

(6) "Convoy" means a group of two to five vehicles or vehicle combinations which would individually require flag vehicles that are permitted to travel together with flag vehicles at the front and rear of the group.

(7) "Daylight hours" means one-half hour before sunrise to one-half hour after sunset as defined by the United States Naval Observatory for the area being travelled in Montana.

(8) "Financial stationery permits" means a hand-written special permit issued on preprinted, four-part, consecutively numbered forms approved by the department.

(9) "F.O.B. factory list price" and "F.O.B. port-of-entry list price" mean manufacturer's suggested retail price (MSRP), as determined by the Montana Department of Justice under ARM 23.3.802 for light vehicles, motor homes, motorcycles, quadricycles, and amphibious vehicles, if they are issued a license plate for highway use. For all vehicles over one ton, "F.O.B. factory list price" and "F.O.B. port-of-entry list price" mean manufacturer's suggested retail price or acquired cost, whichever is less.

(10) "Holiday weekend" means a period of consecutive calendar days adjacent to a holiday, during which travel is prohibited. Holiday weekend time periods include:

(a) a holiday which falls on a Friday or Saturday, prohibiting travel on Friday, Saturday, or Sunday;

(b) a holiday which falls on a Sunday or Monday, prohibiting travel on Saturday, Sunday, or Monday;

(c) a holiday which falls on a Tuesday, Wednesday, or Thursday, prohibiting travel on that day only; or

(d) the Thanksgiving holiday, prohibiting travel on Thursday, Friday, Saturday, and Sunday.

(11) "Holidays" means New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day.

(12) "Mobile or manufactured home" is defined in 61-1-101, MCA, and has the additional meaning in this chapter as any building hauled on a frame or with multiple single tire axles or multiple permanently mounted single tire axles. A load transported on a flatbed trailer is not considered a mobile or manufactured home.

(13) "Overhang" means the part of a load which extends beyond the rear of a vehicle. Rear overhang is measured from the end of the vehicle or underride protection device. Overhang is also defined for a load of raw logs under 61-10-104, MCA.

(14) "Personal use" means a vehicle registered to a private individual for noncommercial use.

(15) "Quarter" means a period of any three consecutive months.

(16) "Red route" means those highways upon which certain hours of travel may be prohibited for vehicles or loads operating under special permits. The highways are listed on the "red route restrictions" map, which is available from the department's Motor Carrier Services Division, P.O. Box 4639, Helena, MT 59604.

(17) "Route analysis" means a route-specific study conducted by the department in connection with an application for an overweight permit of an overweight vehicle configuration to determine the conditions of approval for an application to move overweight vehicles or loads upon a specific route.

(18) "Special permit" means a written or electronic document which may be issued for width, height, length, or weight in excess of the statutory limits, or a combination of these. A special permit shall be issued for a nonreducible load only, except when otherwise expressly set forth in this chapter. The duration of a special permit may be either a single trip or a term permit.

(19) "Telephonic permit" means a computer-generated special permit that is issued to a vehicle or load that originates in a location where the permit cannot be transmitted electronically or purchased in person. A vehicle or load that is operating on a telephonic permit is subject to all applicable statutes and administrative rules which apply to special permits.

(20) "Vehicle weight analysis" or "weight analysis" means a study conducted by the department for an overweight vehicle configuration to determine the conditions of travel for the movement of overweight vehicles or loads.

 

History: 61-3-710, 61-10-155, MCA; IMP, 61-3-708, 61-3-709, 61-10-107, 61-10-121, 61-10-122, 61-10-123, 61-10-124, 61-10-125, 61-10-201, MCA; Eff. 12/31/72; AMD, 1988 MAR p. 1704, Eff. 7/29/88; AMD, 1994 MAR p. 1148, Eff. 4/29/94; AMD, 1996 MAR p. 2980, Eff. 7/19/96; AMD, 1998 MAR p. 170, Eff. 1/16/98; AMD, 2000 MAR p. 1075, Eff. 4/28/00; AMD, 2001 MAR p. 2142, Eff. 10/26/01; AMD, 2004 MAR p. 2392, Eff. 10/8/04; AMD, 2006 MAR p. 206, Eff. 1/27/06; AMD, 2012 MAR p. 1350, Eff. 7/13/12; AMD, 2019 MAR p. 1632, Eff. 9/21/19.


 

 
MAR Notices Effective From Effective To History Notes
18-176 9/21/2019 Current History: 61-3-710, 61-10-155, MCA; IMP, 61-3-708, 61-3-709, 61-10-107, 61-10-121, 61-10-122, 61-10-123, 61-10-124, 61-10-125, 61-10-201, MCA; Eff. 12/31/72; AMD, 1988 MAR p. 1704, Eff. 7/29/88; AMD, 1994 MAR p. 1148, Eff. 4/29/94; AMD, 1996 MAR p. 2980, Eff. 7/19/96; AMD, 1998 MAR p. 170, Eff. 1/16/98; AMD, 2000 MAR p. 1075, Eff. 4/28/00; AMD, 2001 MAR p. 2142, Eff. 10/26/01; AMD, 2004 MAR p. 2392, Eff. 10/8/04; AMD, 2006 MAR p. 206, Eff. 1/27/06; AMD, 2012 MAR p. 1350, Eff. 7/13/12; AMD, 2019 MAR p. 1632, Eff. 9/21/19.
18-135 7/13/2012 9/21/2019 History: 61-3-710, 61-10-155, MCA; IMP, 61-3-708, 61-3-709, 61-10-107, 61-10-121, 61-10-122, 61-10-123, 61-10-124, 61-10-125, 61-10-201, MCA; Eff. 12/31/72; AMD, 1988 MAR p. 1704, Eff. 7/29/88; AMD, 1994 MAR p. 1148, Eff. 4/29/94; AMD, 1996 MAR p. 2980, Eff. 7/19/96; AMD, 1998 MAR p. 170, Eff. 1/16/98; AMD, 2000 MAR p. 1075, Eff. 4/28/00; AMD, 2001 MAR p. 2142, Eff. 10/26/01; AMD, 2004 MAR p. 2392, Eff. 10/8/04; AMD, 2006 MAR p. 206, Eff. 1/27/06; AMD, 2012 MAR p. 1350, Eff. 7/13/12.
1/27/2006 7/13/2012 History: 61-3-506, 61-3-716, 61-10-155, MCA; IMP, 61-3-501, 61-3-502, 61-3-711, 61-3-712, 61-3-713, 61-3-714, 61-3-715, 61-3-716, 61-3-717, 61-3-718, 61-3-719, 61-3-720, 61-3-721, 61-3-722, 61-3-723, 61-3-724, 61-3-725, 61-3-726, 61-3-727, 61-3-728, 61-3-729, 61-3-730, 61-3-731, 61-3-732, 61-3-733, 61-10-107, 61-10-121, 61-10-122, 61-10-123, 61-10-124, 61-10-125, 61-10-231, MCA; Eff. 12/31/72; AMD, 1988 MAR p. 1704, Eff. 7/29/88; AMD, 1994 MAR p. 1148, Eff. 4/29/94; AMD, 1996 MAR p. 2980, Eff. 7/19/96; AMD, 1998 MAR p. 170, Eff. 1/16/98; AMD, 2000 MAR p. 1075, Eff. 4/28/00; AMD, 2001 MAR p. 2142, Eff. 10/26/01; AMD, 2004 MAR p. 2392, Eff. 10/8/04; AMD, 2006 MAR p. 206, Eff. 1/27/06.
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