Senate Bill No. 29

Introduced By swysgood

By Request of the Department of Transportation



A Bill for an Act entitled: An Act generally revising the motor carrier laws; eliminating the special permit for a vehicle exceeding a gross weight of 80,000 pounds; eliminating the special permit for a crane; increasing the weight fees for vehicles weighing in excess of 80,000 pounds; increasing the alternative gross weight fees for certain vehicles weighing in excess of 78,001 pounds; increasing the fees on certain vehicles licensed in other states; eliminating the temporary cash compliance bond for special fuel users; amending sections 61-8-312, 61-10-104, 61-10-107, 61-10-109, 61-10-124, 61-10-128, 61-10-144, 61-10-145, 61-10-146, 61-10-201, 61-10-203, and 61-10-211, MCA; repealing section 15-70-308, MCA; and providing a delayed effective date.



Be it enacted by the Legislature of the State of Montana:



Section 1.  Section 61-8-312, MCA, is amended to read:

"61-8-312.   Special speed limitations on trucks, truck tractors, motor-driven cycles, and vehicles towing housetrailers. (1) A person may not operate a truck or truck tractor, the gross weight of which exceeds 8,000 pounds, at a speed greater than 65 miles per an hour on those completed sections of interstate and four-lane divided highways and 60 miles per an hour on those completed sections of primary and secondary highways. However, the truck nighttime speed limit may not exceed that of automobiles, as stated in 61-8-303.

(2)  A person may not operate a vehicle subject to a term permit under 61-10-124(3)(d)(2)(d) or a truck-trailer-trailer or truck tractor-semitrailer-trailer-trailer combination of vehicles subject to special permits under 61-10-124(6)(4) at a speed greater than 55 miles per an hour.

(3)  A person may not operate a motor-driven cycle at any time mentioned in 61-9-201 at a speed greater than 35 miles per an hour unless the motor-driven cycle is equipped with a headlamp or lamps that are adequate to reveal a person or vehicle at a distance of 300 feet ahead.

(4)  A person may not operate a vehicle that is towing a housetrailer at a speed greater than a maximum of 50 miles per an hour."



Section 2.  Section 61-10-104, MCA, is amended to read:

"61-10-104.   Length -- definitions. (1) A single truck, bus, or any self-propelled vehicle, unladen or with load, may not have an overall length, inclusive of front and rear bumpers, in excess of 55 feet.

(2)  (a)  When used in a truck tractor-semitrailer combination, the semitrailer may not exceed 53 feet in length, excluding those portions not designed to carry a load, except as provided by 61-10-124. When used in a truck tractor-semitrailer-trailer or a truck tractor-semitrailer-semitrailer combination, the semitrailer and trailer or the two semitrailers may not exceed 28 1/2 feet each in length, excluding those portions not designed to carry a load, except as provided by 61-10-124. Truck tractor-semitrailer, truck tractor-semitrailer-trailer, and truck tractor-semitrailer-semitrailer combinations are not subject to a combination length limit.

(b)  A stinger-steered automobile or boat transporter may not exceed 75 feet in length plus a maximum 3 feet of front overhang and 4 feet of rear overhang, except as provided by 61-10-124. "Stinger-steered automobile or boat transporter" means a truck tractor-semitrailer combination that has a fifth wheel on a drop frame located behind and below the rear axle of the truck tractor and that is designed and used for the transportation of vehicles or assembled boats or boat hulls.

(c)  All other combinations of vehicles may not have a combination length in excess of 75 feet, except as provided by 61-10-124. If the combination consists of more than two units, the rear units of the combination must be equipped with breakaway brakes.

(3)  A motor vehicle may not tow more than one motor vehicle, and a motor vehicle may not draw more than three motor vehicles attached to it by the triple saddle-mount method (that is, by mounting the front wheels of one vehicle on the bed of another, leaving only the rear wheels of the vehicle in contact with the roadway), nor may this combination have a combination length in excess of 75 feet.

(4)  A passenger vehicle or truck of less than 2,000 pounds "manufacturers' rated capacity" may not tow more than one trailer or semitrailer, nor may this combination have a length in excess of 65 feet.

(5)  (a)  The length of a vehicle combination consisting of a truck or truck-tractor and one pole trailer or semitrailer hauling raw logs may not exceed 75 feet in overall length. As used in this subsection (5)(a), the term "length" means the total length of the vehicle combination beginning at the front of the front bumper of the truck or truck-tractor and extending to the most distant end of the logs being hauled. A term permit for an overlength vehicle combination, as provided in 61-10-124(3)(2), does not apply to the vehicle combination described in this subsection (5)(a). A vehicle combination exceeding 75 feet must have a trip permit.

(b)  The maximum overhang of any log may not exceed 15 feet, except by a special, single-trip permit. Overhang is measured from the center of the rear-most axle to the most distant end of the logs being hauled.

(c)  The provisions in subsections (5)(a) and (5)(b) do not apply to a vehicle combination hauling utility poles.

(6)  As used in this chapter, the following definitions apply:

(a)  "Combination length" means the total length of a combination of vehicles, such as a truck tractor-semitrailer-trailer combination, measured from the front bumper of the motor vehicle to the back bumper or rear extremity of the last trailer, including the connection tongues.

(b)  "Combined trailer length" means the total length of a combination of trailers measured from the front of the first trailer to the back of the last trailer, including the connection tongues and loads.

(c)  "Length", except as provided in subsection (5)(a), means the total longitudinal dimension of a single vehicle, a trailer, or a semitrailer. The length of a trailer or semitrailer is measured from the front of the cargo-carrying unit to its rear, exclusive of safety or energy efficiency devices, air-conditioning units, air compressors, flexible fender extensions, splash and spray suppressant devices, bolsters, mechanical fastening devices, and hydraulic lift gates.

(d)  "Rocky Mountain double" means a combination of vehicles that includes a truck tractor pulling a long semitrailer and a shorter trailer."



Section 3.  Section 61-10-107, MCA, is amended to read:

"61-10-107.   Maximum gross weight -- when permit required. (1) An axle may not carry a load in excess of 20,000 pounds, and no two consecutive axles more than 40 inches or less than 96 inches apart may carry a load in excess of 34,000 pounds. An axle load is the total load transmitted to the road by all wheels whose centers are included between two parallel transverse vertical planes 40 inches apart, extending across the full width of the vehicle. For purposes of this section, axles 40 inches or less apart are considered to be a single axle. A vehicle or combination may not have more than nine axles. The maximum gross weight allowed on a vehicle, group of axles, or combination of vehicles must be determined by the formula:

W = 500((LN/(N - 1)) + 12N + 36)

in which W equals gross weight, L equals wheel base in feet, and N equals number of axles, except that two consecutive sets of tandem axles may carry a gross load of 34,000 pounds each if the overall distance between the first and last axles of the consecutive sets of tandem axles is 36 feet or more.

(2)  (a) Notwithstanding a vehicle's conformance with the requirements of subsection (1), except for the steering axle, all axles weighing over 11,000 pounds must have at least four tires or have wide-base tires. The maximum load on an axle, other than a steering axle, equipped with wide-base tires is limited to 500 pounds per for each inch of tire width.

(b)  The provisions of subsection (2)(a) do not apply to passenger buses.

(c)  For the purposes of this section, wide-base tires are tires that are 14 or more inches in nominal width. The maximum tire weight limit is computed for wide-base tires based on the number of inches shown on the tire marking, or if the tire marking is shown by metric size, the tire weight limit is computed by conversion of the metric size.

(3)  If the gross weight of a vehicle or combination exceeds 80,000 pounds, the vehicle or combination must have a special permit. The permit may be issued in the discretion of the department of transportation based on evaluation of safety, highway capacity, and economics of highway maintenance and vehicle operation. The fee is $20 per trip permit or $100 per term permit. A term permit may not be issued for a period of time greater than the period for which the GVW license is valid. Owners of vehicles licensed in other jurisdictions may, at the discretion of the department, purchase permits to expire with their registration. Permits may specify and permits issued under 61-10-124(6) must specify highway routing.

(4)  A special permit issued under subsection (3) for the transportation of agricultural products by farm vehicles from a harvesting combine or other harvesting machinery to the point of first unloading is for the full term of the harvest season of the agricultural product transported.

(5)(3)  This section does not apply to highways that are a part of the national system of interstate and defense highways (as referred to in 23 U.S.C. 127) when application of this section would prevent this state from receiving federal funds for highway purposes."



Section 4.  Section 61-10-109, MCA, is amended to read:

"61-10-109.   Operation without special permits prohibited. The operation of vehicles or combinations of vehicles having dimensions or weights in excess of the maximum limits specified in 61-10-101 through 61-10-104 and 61-10-106 through 61-10-108 is permitted only if authorized by special permit issued under 61-10-121 through 61-10-125 by the department of transportation or its agents or the highway patrol."



Section 5.  Section 61-10-124, MCA, is amended to read:

"61-10-124.   Special permits -- fees -- cranes. (1) As used in this section, "crane" means a self-propelled, single-unit vehicle consisting of not more than four axles and used for raising, shifting, and lowering heavy weights by means of a projecting swinging arm.

(2)(1)  Except as provided in subsections (3)(b) (2)(b), (3)(d) (2)(d), and (6) (4), in addition to the regular registration and gross vehicle weight fees, a fee of $10 for each trip permit and a fee of $75 for each term permit issued for size and weight in excess of that specified in 61-10-101 through 61-10-104 and 61-10-106 through 61-10-110 must be paid for all movements under special permits on the public highways under the jurisdiction of the department of transportation.

(3)(2)  (a) Except as provided in subsections (3)(b) (2)(b), (3)(d) (2)(d), (6) (4), and (7) (5), term or blanket permits may not be issued for an overwidth vehicle, combination of vehicles, load, or other thing in excess of 15 feet; an overlength vehicle, combination of vehicles, load, object, or other thing in excess of 95 feet; or an overheight vehicle, combination of vehicles, load, or other thing in excess of 14 feet, or of a limit determined by the department. A vehicle, combination of vehicles, load, or other thing in excess of these dimensions is limited to trip permits. A Rocky Mountain double may not exceed 81 feet in combined trailer length, and the long semitrailer cargo unit of the combination may not exceed 48 feet in length. A Rocky Mountain double is not subject to a combination length limit. Special permits for vehicle combinations of more than two trailers or more than two units designed for or used to carry a load are not permitted except as provided in subsections (6) (4) and (7) (5). Special permits for vehicle combinations may specify and special permits under subsections (6) (4) and (7) (5) must specify highway routing and otherwise limit or prescribe conditions of operation of the vehicle or combination, including but not limited to required equipment, speed, stability, operational procedures, and insurance.

(b)  A term permit may be issued to a dealer in implements of husbandry and self-propelled machinery for an overwidth or overlength vehicle referred to in subsection (3)(a) (2)(a). The fee for this permit is $75. This permit expires on December 31 of each year, with no grace period.

(c)  With payment of the appropriate gross weight fees required by 61-10-201 and with payment of the fee prescribed in subsection (2) (1), allowable gross weight of a five-axle combination logging vehicle is 80,000 pounds.

(d)  A term permit may be issued for any combination of vehicles that exceeds 95 feet in length but does not exceed 100 feet in combination length, except a truck-trailer-trailer or a truck tractor-semitrailer-trailer-trailer combination, for travel only on highways that are part of the federal-aid interstate system, as defined in 60-1-103, or on other highways within a 2-mile radius of an interchange on the interstate system in order to obtain necessary services or to load or unload at a terminal. When a terminal is beyond a 2-mile radius, the department may authorize travel between the terminal and the interchange. The fee for this permit is $125.

(e)  A term permit may be issued for a truck tractor-semitrailer combination when the semitrailer exceeds 53 feet in length but does not exceed 57 feet in length.

(4)(3)  Except as provided in subsection (3)(b) (2)(b), a permit may not be issued for a period of time greater than the period for which the GVW license is valid as provided in this title, including grace periods allowed by this title. Owners of vehicles licensed in other jurisdictions may, at the discretion of the department of transportation, purchase permits to expire with their registration. A license required by the state governs the issuance of a special permit.

(5)  The owner or operator of a crane with a gross vehicle weight of less than 80,000 pounds may purchase a 30-day special permit for excess weight if the crane has a current special mobile equipment identification plate and if the department of transportation has approved the configuration of the crane through a weight analysis completed within the same calendar year. The permit is not transferable, and the fee for the permit is $200.

(6)(4)  The department may issue special permits to the operating company for a truck-trailer-trailer or truck tractor-semitrailer-trailer-trailer combination of vehicles under the following conditions:

(a)  the combination may be operated only on highways that are part of the federal-aid interstate system, as defined in 60-1-103, and within a 2-mile radius of an interchange on the interstate system on other highways only in order to obtain necessary services or to load or unload at a terminal. When a terminal is beyond a 2-mile radius, the department may authorize travel between the terminal and the interchange.

(b)  a combination of vehicles powered by a cab-over (tilt cab) type truck-tractor or a truck may not exceed overall length of 105 feet, inclusive of front and rear bumpers and overhang;

(c)  a combination of vehicles powered by a conventional truck-tractor may not exceed overall length of 110 feet, inclusive of front and rear bumpers and overhang;

(d)  an individual cargo unit of the combination may not exceed 28 1/2 feet in length and 102 inches in width;

(e)  gross weight fees under 61-10-203 must be paid on the truck or truck tractor for the declared registered gross weight of the special vehicle combination, but not to exceed the formula in 61-10-107;

(f)  the combination must have a restricted route permit under 61-10-107(3) and a special overlength permit issued at a fee of $200 for a term permit or $20 for each trip permit;

(g)  travel of the combination may be restricted to specific routes, hours of operation, specific days, or seasonal periods; and

(h)  the department may enforce any other restrictions determined by the department to be necessary. The permit is not transferable, and the fee for the permit is $200.

(7)(5)  The department of transportation may issue special permits under subsection (6) (4) for vehicle combinations that consist of a truck-trailer-trailer if:

(a)  the vehicle combination's overall length, inclusive of front and rear bumpers, is not more than 95 feet; and

(b)  the person, firm, or corporation applying for the permit:

(i)  restricts truck-trailer-trailer operations authorized by the permit to the hauling of talc ore, chlorite, dolomite, limestone, and custom combine equipment;

(ii) operated the truck-trailer-trailer combination before July 1, 1987;

(iii) restricts the truck-trailer-trailer operations authorized by the permit to the specified routes that those vehicles used before July 1, 1987; and

(iv) provides the department of transportation with an affidavit confirming the routes used before July 1, 1987, for truck-trailer-trailer operations."



Section 6.  Section 61-10-128, MCA, is amended to read:

"61-10-128.   When authorities may restrict right to use roadway. (1) A local authority may not alter the limitations provided in 61-10-101 through 61-10-104 and 61-10-106 through 61-10-110 or substitute other limitations or requirements, except as provided in this section.

(2)  The department of transportation by order, or a local road authority by ordinance or resolution, may prohibit the operation of or impose restrictions on the weight and speed of a vehicle traveling on a public highway under its respective jurisdiction and for which it is responsible for maintenance whenever the highway will be seriously damaged or destroyed by deterioration, rain, snow, or other climatic conditions, unless the use of vehicles on the highway is prohibited or the permissible vehicle weights and speed are reduced. The department of transportation or the authority that enacts the ordinance or resolution shall erect signs designating the department's order or the authority's ordinance or resolution at each end of that portion of the highway affected, and the order, ordinance, or resolution is not effective until the signs are erected. The department of transportation or the authority by ordinance or resolution may prohibit the operation of trucks or other commercial vehicles or impose limitations on their weight on designated highways, subject to the provisions of subsection (3). These prohibitions and limitations must be designated by appropriate signs placed on the highways.

(3)  Neither the department of transportation nor a local authority may prohibit the operation of or impose a restriction on the weight of a vehicle loaded with perishable seed potatoes that is traveling on a public highway if:

(a)  the vehicle is being operated within its legal licensed gross vehicle weight;

(b)  a permit has been issued under 61-10-107(3), regardless of the vehicle's gross weight, specifying the route from point of loading to the nearest nonrestricted road; and

(c)(b)  the driver possesses a federal-state inspection certificate issued for the load; and

(c) the vehicle takes the most direct route from the point of loading to the nearest nonrestricted road.

(4)  A permit referred to in subsection (3) may be revoked for violating any condition of the permit."



Section 7.  Section 61-10-144, MCA, is amended to read:

"61-10-144.   Violation of standards -- tolerance. (1) It is a misdemeanor for a person, firm, or corporation to violate any provision of 61-10-101 through 61-10-104 and 61-10-106 through 61-10-110.

(2)  However, the operator of a vehicle or combination of vehicles may move over the highways to the first open state scale, permanent or portable, without incurring the excess weight penalties set forth in 61-10-145 if the total gross weight of the vehicle or combination of vehicles does not exceed allowable total gross weight limitations by more than 7% and if the weight carried by any axle or combination of axles does not exceed the allowable axle weight limitations by more than 7%. In the event that If the vehicle or combination of vehicles is not in excess of the allowable total gross or axle weight limitations by more than 7%, the department may issue a single trip permit for the fee of $10, allowing the vehicle or combination of vehicles to move over the highways to the first facility where its load can be safely adjusted or to its destination. Violations of total gross or axle weight limitations in excess of 7% are subject to the fines provided in 61-10-145, and all loads in excess of 7% of the total gross or axle weight limitations:

(a)  may be required to be adjusted or reduced to conform to the size and weight limitations before the vehicle or combination of vehicles is moved from the point of weighing; or

(b)  may be issued a permit as authorized by 61-10-141.

(3)  An operator of a vehicle or combination of vehicles subject to the provisions of 61-10-107(4) Farm vehicles transporting agricultural products from a harvesting combine or other harvesting machinery may move over a highway, except any highway that is part of the federal-aid interstate system, within a 50-mile radius of the harvested field to the point of first unloading without incurring the excess weight penalties set forth in 61-10-145 if the total gross weight of the farm vehicle or combination of vehicles does not exceed allowable weight limitations by more than 20% per for each axle, but the maximum load per for each inch of tire width may not exceed 670 pounds. The farm vehicle or combination of vehicles may not exceed 40 miles an hour. A single trip permit, as required in subsection (2), is not applicable to the farm vehicle or combination of vehicles. When a farm vehicle or combination of vehicles violates any of the provisions of this subsection, the fine or penalty imposed applies to that portion of the load above the legal limit."



Section 8.  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)  The penalties in subsection (1) do not apply to an operator who fails to secure a special permit as provided for in 61-10-107(3) if the vehicle or combination of vehicles is not overweight with that permit. The failure to obtain the special permit is punishable under 61-10-146 and under this section as provided in 61-10-146, and the operator is required to purchase the permit. If the vehicle or combination of vehicles exceeds the weight limitations allowed by special permit and the operator fails to obtain a permit under 61-10-107(3), the penalties of subsection (1) apply to the weight exceeding 80,000 pounds.

(5)(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 61-10-123, 61-10-141, or 61-10-142."



Section 9.  Section 61-10-146, MCA, is amended to read:

"61-10-146.   Special permits -- misrepresentations and violations as misdemeanor. (1) A person who knowingly and willfully misrepresents the size or weight of a vehicle, combination of vehicles, load, object, or other thing in obtaining a special permit or who does not follow the requirements and conditions of the special permit or who operates a vehicle, combination of vehicles, load, object, or other thing the size or weight of which requires a special permit without first obtaining a special permit is guilty of a misdemeanor.

(2)  A person, firm, or corporation convicted of:

(a)  operating a vehicle or combination of vehicles with weight upon a wheel, axle, or group of axles greater than the maximum authorized by a special permit or of operating without a special permit a vehicle or combination of vehicles the weight of which requires a special permit shall, in addition to the other penalties provided by law for the offense, be punished by a fine in the amount provided in 61-10-145(1); or

(b)  violating any provision of 61-10-124(6)(4) or any restriction on the special permits issued by the department under 61-10-124(6)(4) shall be punished by a fine of not less than $500 or more than $1,000, and all special permits issued for the operation of the combination in violation shall must be confiscated. The combination must be separated into combinations of legal length before the units may proceed."



Section 10.  Section 61-10-201, MCA, is amended to read:

"61-10-201.   Weight fees on motortrucks, truck tractors, and buses. In addition to other fees for the licensing of vehicles and except as provided in 61-10-203, there must be paid and collected annually for each truck, truck tractor, and bus, based upon the manufacturer's rated capacity for trucks with a capacity of 1 ton or less and upon the maximum gross loaded weight and the maximum gross weight of any towed unit of each truck and truck tractor as set by the licensee in the licensee's application, the following fees:

Schedule I

Manufacturer's rated capacity up to 1/2 ton $ 7.00

Manufacturer's rated capacity of 3/4 ton 12.50

Manufacturer's rated capacity of 1 ton 17.50

Up to 16,000 lbs 21.00

16,001 through 18,000 lbs 28.00

18,001 through 20,000 lbs 37.50

20,001 through 22,000 lbs 47.00

22,001 through 24,000 lbs 70.00

24,001 through 26,000 lbs 90.00

26,001 through 28,000 lbs 110.00

28,001 through 30,000 lbs 130.00

30,001 through 32,000 lbs 150.00

32,001 through 34,000 lbs 170.00

34,001 through 36,000 lbs 190.00

36,001 through 38,000 lbs 215.00

38,001 through 40,000 lbs 235.00

40,001 through 42,000 lbs 255.00

42,001 through 44,000 lbs 275.00

44,001 through 46,000 lbs 300.00

46,001 through 48,000 lbs 320.00

48,001 through 50,000 lbs 340.00

50,001 through 52,000 lbs 360.00

52,001 through 54,000 lbs 380.00

54,001 through 56,000 lbs 400.00

56,001 through 58,000 lbs 420.00

58,001 through 60,000 lbs 440.00

60,001 through 62,000 lbs 460.00

62,001 through 64,000 lbs 482.50

64,001 through 66,000 lbs 502.50

66,001 through 68,000 lbs 522.50

68,001 through 70,000 lbs 545.75

70,001 through 72,000 lbs 566.50

72,001 through 74,000 lbs 607.50

74,001 through 76,000 lbs 655.00

76,001 through 78,000 lbs 695.00

78,001 through 80,000 lbs 750.00

Over 80,000 lbs. and within the weight limits

specified in 61-10-101 through 61-10-104

and 61-10-106 through 61-10-110 750.00

plus an additional 46.00

for each ton or fraction of a ton

in excess of 80,000 lbs.

plus an additional $100.00

to exceed the 80,000 lbs.

federal gross weight limit."



Section 11.  Section 61-10-203, MCA, is amended to read:

"61-10-203.   Alternative gross weight fees on motortrucks and truck tractors with special trailer combinations. (1) In addition to other fees for the licensing of vehicles, there must be paid and collected annually for each motortruck or truck tractor operating under the provisions of 61-10-124(6)(4) and (7) (5), based upon the maximum combined gross loaded weight of a truck tractor or a motortruck and trailers, as set by the licensee in the application, the following fees:

Schedule II

Truck tractor or a motortruck and trailers:

Up to 42,000 lbs $  571.00

42,001 to 44,000 lbs 631.00

44,001 to 46,000 lbs 691.00

46,001 to 48,000 lbs 752.00

48,001 to 50,000 lbs 812.00

50,001 to 52,000 lbs 871.00

52,001 to 54,000 lbs 931.00

54,001 to 56,000 lbs 992.00

56,001 to 58,000 lbs 1,052.00

58,001 to 60,000 lbs 1,112.00

60,001 to 62,000 lbs 1,172.00

62,001 to 64,000 lbs 1,233.00

64,001 to 66,000 lbs 1,293.00

66,001 to 68,000 lbs 1,352.00

68,001 to 70,000 lbs 1,412.00

70,001 to 72,000 lbs 1,473.00

72,001 to 74,000 lbs 1,533.00

74,001 to 76,000 lbs 1,593.00

76,001 to 78,000 lbs 1,653.00

78,001 and over to 80,000 lbs. 65.50 1,718.50

per ton or fraction thereof

Over 80,000 lbs. and within the weight limits

specified in 61-10-101 through 61-10-104 and

61-10-106 through 61-10-110 1,718.50

plus an additional $65.50

for each ton or fraction of a ton

in excess of 80,000 lbs.

plus an additional $100.00

to exceed the 80,000 lbs.

federal gross weight limit.

(2)  The trailers or semitrailers must be currently registered in another country, state, or county."



Section 12.  Section 61-10-211, MCA, is amended to read:

"61-10-211.   Fees on motortrucks, truck tractors, trailers, and semitrailers from other states. (1) In lieu of other fees for the licensing of vehicles, there must be collected a fee for each motortruck and truck tractor already licensed for the year in another jurisdiction and operated upon an itinerant basis in this state. The fee provided in subsection (2) must be collected upon each entrance of the vehicle into the state and must be based upon the number of miles to be traveled in the state and the registered gross vehicle weight of the motortruck or truck tractor as shown in the application of the nonresident operator.

(2)  The fee for each trip in Montana is:

0-200 miles 201-400 miles over 400 miles

Up to 46,000 lbs. $10 $15 $20

46,001 through 80,000 lbs. 20 30 40

Over 80,001 lbs. 30 50 45 65 60 80

Triple combination 40 60 60 80 80 100

(3)  The fees do not apply to any trailer the principal use of which is as temporary or permanent living quarters, or to any vehicle of a carnival that is under contract with a state, county, or district fair association.

(4)  A fee must be collected for each nonresident, unlicensed or unregistered trailer or semitrailer entering Montana. The fee for each trip in Montana is:

(a)  $10 for each trip of 200 miles or less;

(b)  $15 for each trip of over 200 miles to 400 miles; and

(c)  $20 for each trip of over 400 miles."



Section 13.  Repealer. Section 15-70-308, MCA, is repealed.



Section 14.  Effective date. [This act] is effective January 1, 1998.

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