SENATE BILL NO. 47

INTRODUCED BY SWYSGOOD C

A BILL FOR AN ACT ENTITLED: "AN ACT TRANSFERRING THE MOTOR CARRIER SAFETY PROGRAM FROM THE DEPARTMENT OF JUSTICE TO THE DEPARTMENT OF TRANSPORTATION; AUTHORIZING DEPARTMENT OF TRANSPORTATION EMPLOYEES DESIGNATED AS PEACE OFFICERS TO ENFORCE VIOLATIONS OF THE VEHICLE EQUIPMENT LAWS UNDER CERTAIN CIRCUMSTANCES; AUTHORIZING HIGHWAY PATROL OFFICERS TO MAKE ARRESTS FOR VIOLATIONS OF MOTOR CARRIER SAFETY STANDARDS; AMENDING SECTIONS 44-1-1001, 61-9-512, 61-10-141, 61-10-145, AND 61-12-206, MCA; REPEALING SECTION 44-1-1005, MCA; AND PROVIDING AN EFFECTIVE DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

NEW SECTION. Section 1. Motor carrier safety -- enforcement -- violations -- duty to obtain bills of lading for agricultural seeds. (1) The department of transportation shall:

(a) adopt, by rule, standards for safety of operations of motor carriers, each of whom is considered to consent impliedly to reasonable safety inspections of its motor vehicles used in furtherance of its business as a motor carrier;

(b) provide standards for the safe operation of all motor vehicles used in commerce that exceed 26,000 pounds gross vehicle weight, except farm vehicles; and

(c) provide for the safe operation of vehicles less than 26,000 pounds gross vehicle weight that are designed to transport more than 15 passengers, including the driver, or that are used to transport hazardous materials of a type or quantity that requires the vehicle to be marked or placarded in accordance with rules adopted by the department.

(2) Standards of safety adopted pursuant to subsections (1)(b) and (1)(c) must be the same as prescribed for motor carriers, and the same inspection standards and procedures apply.

(3) The motor carrier services division of the department of transportation has responsibility for enforcement of standards adopted pursuant to subsection (1)(a). 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 subsection (1)(a) 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. Nothing in this section prohibits the inspection of a motor vehicle as provided for in subsection (1)(a) at a safe location on a public road.

(4) The highway patrol shall work with the department of transportation in the enforcement of safety standards adopted pursuant to subsection (1). For the purposes of the joint enforcement, the department of transportation is designated as the lead agency. The department of transportation and the highway patrol shall cooperate to ensure minimum duplication and maximum coordination of enforcement effort.

(5) The department of transportation shall designate employees as peace officers whose jurisdiction is limited to enforcement of safety standards adopted pursuant to subsections (1) and (2) and enforcement of violations of chapters 5 and 9 of this title. The designated employees must be employed in the administration of the motor carrier services functions of the department of transportation. 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 the commercial motor vehicles.

(6) Violations of the standards adopted pursuant to subsection (1) are punishable as provided in 61-9-512.

(7) In addition to other enforcement duties assigned under this section, an employee of the department of transportation has:

(a) the same authority to enforce provisions of the motor carriers law as that granted the public service commission under 69-12-203; and

(b) the duty to secure or make copies, or both, of all bills of lading or other evidence of delivery for shipment of agricultural seeds as defined in 80-5-120 that have been sold or are intended for sale in Montana and to forward the copies to the department of agriculture within 24 hours of the date the bill of lading was obtained.

Section 2. Section 44-1-1001, MCA, is amended to read:

"44-1-1001. Offenses for which patrol officers may make arrests. (1) Highway patrol officers may make arrests for the offenses listed in subsection (2) under the following circumstances:

(a) the offense is committed in the presence of a patrol officer;

(b) the offense is committed in a rural district and a request for assistance is made by a peace officer; or

(c) the offense is committed in a city or town with a population of less than 2,500 and a request for assistance is made by a peace officer or the mayor of the city or town.

(2) Offenses for which arrests may be made under subsection (1) are:

(a) deliberate homicide;

(b) assault with a deadly weapon;

(c) arson;

(d) criminal mischief;

(e) burglary;

(f) theft;

(g) kidnapping;

(h) illegal transportation of narcotics; or

(i) violation of the Dyer Act regarding the transportation of stolen automobiles.

(3) Highway patrol officers may make arrests for violations of the motor carrier safety standards adopted pursuant to [section 1]. The highway patrol shall cooperate with the department of transportation to ensure minimum duplication and maximum coordination of effort in the enforcement of the safety standards."

Section 3. Section 61-9-512, MCA, is amended to read:

"61-9-512. Violation of rules -- penalty. (1) A violation of a rule adopted by the department is a misdemeanor.

(2) A person convicted of a violation of any standard adopted pursuant to [section 1] shall be fined not less than $25 or more than $500 for the first offense and not less than $25 or more than $1,000 for each subsequent offense.

(3) The penalties provided in subsection (2) apply to any motor carrier that is a corporation subject to the standards adopted pursuant to [section 1]. The penalties may be imposed against:

(a) a director or officer of the corporation;

(b) any receiver, trustee, lessee, agent, or person acting for or employed by the corporation; or

(c) any broker of property or officer, agent, or employee of the corporation."

Section 4. Section 61-10-141, MCA, is amended to read:

"61-10-141. Officers authorized to weigh vehicles and require removal of excessive loads . (1) A peace officer, officer of the highway patrol, or employee of the department of transportation may weigh any vehicle regulated by 61-10-101 through 61-10-104 and 61-10-106 through 61-10-110, except recreational vehicles as defined in 61-1-132, by means of either portable or stationary scales, and may require that the vehicle be driven to the nearest scales if those scales are within 2 miles. That person may then require the driver to unload at a designated facility that portion of the load necessary to decrease the weight of the vehicle to conform to the maximum allowable weights specified in 61-10-101 through 61-10-104 and 61-10-106 through 61-10-110. If the excess weight does not exceed 10,000 pounds, an excess weight permit may be issued in accordance with 61-10-121. The permit authorizes the driver of the excess weight load to proceed to a designated facility where the load can be safely reduced to legal limits.

(2) Commodities and material unloaded as required by this section must be cared for by the owner or operator of the vehicle at the risk of that owner or operator. Commodities or material unloaded as required by this section may not be left on the highway right-of-way.

(3) The department of transportation may establish, maintain, and operate weigh stations, either intermittently or on a continuous schedule, and may require vehicles, except passenger cars and pickup trucks under 14,000 pounds GVW and recreational vehicles as defined in 61-1-132 (that are not new or used recreational vehicles traveling into or through Montana for delivery to a distributor or a dealer), to enter for the purpose of weighing and inspection for compliance with all laws pertaining to their operation and safety requirements. The department may require vehicles over 10,000 pounds to be inspected and weighed by portable scale crews.

"

Section 5. Section 61-10-145, MCA, is amended to read:

"61-10-145. Penalties. (1) A person, firm, or corporation convicted of violating 61-10-101 through 61-10-104 and 61-10-106 through 61-10-110 shall be punished by a fine of not less than $30 or more than $100. A person, firm, or corporation convicted of operating a motor vehicle upon the public highways of this state with weight upon a wheel, axle, or group of axles greater than the maximum permitted by 61-10-101 through 61-10-104 and 61-10-106 through 61-10-110 shall be fined, in addition to other penalties provided by law for the offense, the following amounts:

(a) $30 for any excess weight up to and including 2,000 pounds;

(b) $75 for any excess weight more than 2,000 pounds and less than 4,001 pounds;

(c) $125 for any excess weight more than 4,000 pounds and less than 6,001 pounds;

(d) $175 for any excess weight more than 6,000 pounds and less than 8,001 pounds;

(e) $250 for any excess weight more than 8,000 pounds and less than 10,001 pounds;

(f) $275 for any excess weight more than 10,000 pounds and less than 12,001 pounds;

(g) $300 for any excess weight more than 12,000 pounds and less than 14,001 pounds;

(h) $400 for any excess weight more than 14,000 pounds and less than 16,001 pounds;

(i) $500 for any excess weight more than 16,000 pounds and less than 18,001 pounds;

(j) $600 for any excess weight more than 18,000 pounds and less than 20,001 pounds;

(k) $1,000 for any excess weight more than 20,000 pounds and less than 25,001 pounds;

(l) $2,000 for any excess weight more than 25,000 pounds.

(2) If a motor vehicle is equipped with a retractable axle that is not fully extended and carrying its proportionate share of the load while the motor vehicle is operated upon the highways of this state, the weight penalties in subsection (1) apply to all weight over the legal maximum allowed by the fixed axles regardless of whether the axle is extended at the time of weighing. In addition to the penalties in subsection (1), the owner or operator shall be fined $100 for failure to have the retractable axle fully extended while the gross weight of the vehicle exceeds the legal maximum allowed by the fixed axles.

(3) A complaint filed and a summons or notice to appear issued pertaining to a violation of the gross weight regulations in 61-10-101 through 61-10-104 and 61-10-106 through 61-10-110 must specify the amount of the excess weight that the defendant is alleged to have had upon the vehicle or combination of vehicles.

(4) It is a misdemeanor, punishable as provided in 46-18-212, for a person, firm, or corporation to violate any of the provisions of [section 1], 61-10-123, 61-10-141, or 61-10-142."

Section 6. Section 61-12-206, MCA, is amended to read:

"61-12-206. Offenses for which arrest authorized. Employees appointed under 61-12-201 may make arrests for violations of the following statutory provisions:

(1) chapters 3 , 5, and 9 of this title, but only if the vehicle involved is subject to 61-10-141 and [section 1];

(2) chapter 10 of this title;

(3) part 3, chapter 4, of this title;

(4) 15-24-201 through 15-24-205;

(5) Title 15, chapter 70, parts 2 and 3;

(6) [section 1] and safety rules adopted under that section;

(7) Title 69, chapter 12."

NEW SECTION. Section 7. Repealer. Section 44-1-1005, MCA, is repealed.

NEW SECTION. Section 8. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 61, chapter 10, part 1, and the provisions of Title 61, chapter 10, part 1, apply to [section 1].

NEW SECTION. Section 9. Effective date. [This act] is effective July 1, 1999.

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