44-1-1005. Motor carriers safety -- enforcement -- violations. (1) The department of justice shall adopt, by rule, standards for safety of operations of:
     (a) any for-hire motor carrier or any private motor carrier;
     (b) any motor vehicle or vehicle combination used in interstate commerce that has a gross vehicle weight rating, gross combination weight rating, gross vehicle weight, or gross combination weight, whichever is greater, of 10,001 pounds or more;
     (c) any motor vehicle or vehicle combination used in intrastate commerce that has a gross vehicle weight rating, gross combination weight rating, gross vehicle weight, or gross combination weight, whichever is greater, of 26,001 pounds or more and that is not a farm vehicle operating solely in Montana;
     (d) any motor vehicle that is designed or used to transport at least 16 passengers, including the driver, and is not used to transport passengers for compensation;
     (e) any motor vehicle that is designed or used to transport at least nine passengers, including the driver, for compensation; or
     (f) any motor vehicle that is used to transport hazardous materials of a type or quantity that requires the vehicle to be marked or placarded in accordance with federal hazardous materials regulations in 49 CFR, part 172.
     (2) Standards of safety adopted under this section must substantially comply, within allowed tolerance guidelines, to the federal motor carrier safety regulations and the federal hazardous material regulations as applied to motor carriers and vehicles transporting passengers or property in commerce.
     (3) The highway patrol has responsibility for enforcement of standards adopted pursuant to this section. Inspection of a vehicle based in Montana may, at the request of the carrier, be made at the place of business or domicile of the vehicle owner or, if that is not a practicable inspection site, at a designated location and at a mutually agreeable time. After inspection, a vehicle found to conform to the standards adopted pursuant to this section is entitled to certification and identification to exempt it from further safety inspection until the next required periodic inspection or until a nonconformity with standards is apparent. This section does not prohibit the inspection of a motor vehicle, as provided for by this section, at a safe location on a public road.
     (4) The department shall cooperate with the department of transportation to ensure minimum duplication and maximum coordination of enforcement effort.
     (5) The department may designate and train civilian employees as inspectors within the motor carrier safety assistance program. Each civilian inspector is a peace officer whose jurisdiction is limited to enforcement of violations of Title 61, chapters 5 and 9, and any standards adopted pursuant to this section. Each employee designated as a peace officer may:
     (a) issue citations and make arrests;
     (b) issue summonses;
     (c) accept bail;
     (d) serve warrants of arrest;
     (e) make reasonable inspections of cargo carried by commercial motor vehicles;
     (f) make reasonable safety inspections of commercial motor vehicles; and
     (g) require production of documents relating to the cargo, driver, routing, maintenance, or ownership of commercial motor vehicles.
     (6) Violations of the standards adopted pursuant to this section are punishable as provided in 61-9-512, and the court, upon conviction or forfeiture of bail that is not vacated, shall forward a record of conviction or forfeiture to the department within 5 days in accordance with 61-11-101.
     (7) As used in this section, the terms "for-hire motor carrier", "private motor carrier", "gross vehicle weight rating", and "gross combination weight rating" have the same meaning as provided in 49 CFR 390.5.

     History: En. Sec. 10, Ch. 199, L. 1943; amd. Sec. 1, Ch. 63, L. 1965; amd. Sec. 2, Ch. 280, L. 1977; amd. Sec. 46, Ch. 359, L. 1977; R.C.M. 1947, 31-110(4); amd. Sec. 13, Ch. 7, L. 1979; amd. Sec. 1, Ch. 226, L. 1981; amd. Sec. 1, Ch. 394, L. 1983; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 4, Ch. 686, L. 1985; amd. Sec. 103, Ch. 370, L. 1987; amd. Sec. 1, Ch. 386, L. 1987; amd. Sec. 1, Ch. 226, L. 1991; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 1, Ch. 80, L. 1995; amd. Sec. 1, Ch. 207, L. 2001.