23.6.113 STATE LAW ENFORCEMENT ROTATION SYSTEM - ADMISSION AND SUSPENSION
(1) The state
law enforcement rotation system consists of lists of the names and telephone
numbers of qualified class "A", "B", and "C" tow
truck operators in different parts of the state. Operators are called as
needed from the rotation lists for different classes of tow trucks in
succession, subject to considerations of public safety and (5) .
(2) Class D and class E
towing operations are not part of the state law enforcement rotation system.
Pursuant to the definitions of the two classes given in ARM 23.6.101, they are
subsumed under class "A", "B", or "C", depending
on the weight rating of the tow truck needed.
(3) An operator seeking to
participate in the state law enforcement rotation program must submit a written
request to the patrol which includes:
(a) the name of the
operator's insurance company;
(b) the class of the
operator's tow truck(s) ;
(c) that the operator
possesses a unique business name and telephone number.
(4) In administering the
state rotation system, the department:
(a) is subject to all
requirements of 61-8-908, MCA; and
(b) shall reexamine the
rotation system as needed to ensure compliance with the statute.
(5) In order to be eligible
to participate in the state rotation system an operator must meets the safety
standards of the patrol, as set forth in ARM 23.6.109 and 23.6.110.
(6) An operator
participating in the state rotation system must respond to or decline any call
from the rotation area; he or she may not authorize any other operator or
satellite operation to respond to that call. Violation of this rule may result
in suspension (permanent or temporary) from the rotation system. An operator
responding under this section must respond to the call with the class of
equipment requested by the patrol.
(7) Section (6) does not
apply to a qualified operator who, with the approval of the officer at the
scene, subcontracts with another operator for temporary assistance in the
interest of public safety.
History: 61-8-911, MCA; IMP, 61-8-908, MCA; NEW, 1996 MAR p. 3134, Eff. 12/6/96; AMD, 2003 MAR p. 2628, Eff. 11/27/03.