BEFORE THE DEPARTMENT OF TRANSPORTATION
OF THE STATE OF MONTANA
In the matter of the amendment of ARM 18.8.1301 pertaining to motor carrier services electronic weigh station bypass systems
NOTICE OF PROPOSED AMENDMENT
NO PUBLIC HEARING CONTEMPLATED
TO: All Concerned Persons
1. On January 21, 2019, the Department of Transportation proposes to amend the above-stated rule.
2. The Department of Transportation will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Transportation no later than 5:00 p.m. on January 11, 2019, to advise us of the nature of the accommodation that you need. Please contact Russ Christoferson, Department of Transportation, Motor Carrier Services Division, P.O. Box 201001, Helena, Montana, 59620-1001; telephone (406) 444-7629; fax (406) 444-6136; TTY Service (800) 335-7592 or through the Montana Relay Service at 711; or e-mail email@example.com.
3. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:
18.8.1301 COMPLIANCE WITH WEIGHING LOCATION SIGNS - JURISDICTIONAL BYPASS RESTRICTIONS (1) and (2) remain the same.
Under jurisdictional bypass restrictions, a driver receiving a green light in-cab signal must stop at the weighing location regardless of the signal Jurisdictional bypass restrictions require that regardless of receiving a bypass signal, a driver must enter an open weighing location when any of the following conditions apply:
(a) overweight (including permitted loads);
(greater than nine ten feet ) (including permitted loads);
(greater than 14 15 feet 6 inches ). (including permitted loads);
(d) overlength greater than 110 feet (including permitted loads);
(e) oversize in excess of legal dimensions as outlined in 61-10-102, 61-10-103, and 61-10-104, MCA, without a valid permit.
(4) remains the same.
AUTH: 61-10-155, MCA
IMP: 61-10-141, MCA
REASON: The proposed amendment is necessary to provide clarification as to which vehicles, already compliant with Montana credentials and safety requirements, may bypass an open weigh station using weigh station bypass systems, and which vehicles by size and weight are required to enter an open weigh station, even if the electronic bypass system provides a bypass signal. The proposed amendment will improve weigh station operations by focusing on those vehicles which are not prescreened, and much more likely to be non-compliant with credential and safety requirements, and therefore pose a safety risk.
4. Concerned persons may submit their data, views, or arguments concerning the proposed actions in writing to: Russ Christoferson, Department of Transportation, P.O. Box 201001, Helena, Montana, 59620-1001; telephone (406) 444-7629; fax (406) 444-6136; TTY Service (800) 335-7592 or through the Montana Relay Service at 711; or e-mail firstname.lastname@example.org, and must be received no later than 5:00 p.m., January 18, 2019.
5. If persons who are directly affected by the proposed actions wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Russ Christoferson at the above address no later than 5:00 p.m., January 18, 2019.
6. If the agency receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those directly affected has been determined to be 33 persons based upon the 337 currently registered electronic weigh station bypass motor carriers in Montana.
7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in paragraph 4 above or may be made by completing a request form at any rules hearing held by the department.
8. An electronic copy of this proposal notice is available on the Department of Transportation website at www.mdt.mt.gov.
9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
10. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rule will not significantly and directly impact small businesses.
11. With regard to the requirements of 2-15-142, MCA, the department has determined that the amendment of the above-referenced rule will not have direct tribal implications.
/s/ Carol Grell Morris /s/ Michael T. Tooley
Carol Grell Morris Michael T. Tooley
Rule Reviewer Director
Department of Transportation
Certified to the Secretary of State December 11, 2018.