INTRODUCED
BY K. Whitman, D. Bedey, M. Binkley, L. Brewster, S. Galloway, F. Garner, E.
Hill, C. Hinkle, S. Kerns, D. Loge, J. Trebas
A BILL FOR AN ACT ENTITLED: "AN ACT generally revising commercial tow truck classification standards; increasing minimum boom and manufacturer's gross vehicle weight rating requirements; allowing a tow truck operator to continue participating with existing classified equipment until equipment is upgraded or replaced; and AMENDING SECTION 61-8-905, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 61-8-905, MCA, is amended to read:
"61-8-905. Classification standards. (1) Commercial tow trucks are divided into the following five classes based on the manufacturer's rating:
(a) Class A tow truck equipment must have a minimum manufacturer's boom or combined boom rating of 4 8 tons and must be mounted on a straight truck chassis with dual rear wheels and a minimum manufacturer's rating of 10,000 pounds 17,500 pound gross vehicle weight rating.
(b) Class B tow truck equipment must have a minimum manufacturer's boom or combined boom rating of 8 12 tons and must be mounted on a straight truck chassis with a minimum manufacturer's rating of 18,000 pounds 25,500 pound gross vehicle weight rating.
(c) Class C tow truck equipment must have a minimum manufacturer's boom or combined boom rating of 16 25 tons and must be mounted on a straight truck chassis that has with a minimum manufacturer's rating of 32,000 pounds 46,000 pound gross vehicle weight rating.
(d) Class D tow truck equipment includes manufactured rollbacks and car carriers with manufacturer's gross vehicle weight ratings of 10,000 19,500 pounds and over. The rollbacks and car carriers must be mounted on a truck-trailer chassis that, at a minimum, is equal to the minimum gross weight of the rollback or car carrier straight truck chassis. Class D also includes: any piece of towing equipment without a boom
(i) a class A tow truck with only an under reach/lift that is mounted on a straight truck chassis with a minimum manufacturer's rating of 16,000 pound gross vehicle weight rating; and
(ii) a class C tow truck with only a chassis-mounted or detachable under reach/lift that is mounted on a straight truck chassis with a minimum manufacturer's rating of 46,000 pound gross vehicle weight rating.
(e) Class E includes two or more tow trucks working together with a combined manufacturer's rating of a minimum of 80,000 pounds from different companies with access to supportive equipment, such as forklifts, banders, and air bags, for the recovery of rollovers and wrecked, disabled, and abandoned vehicles whose when cargo requires special handling. Class E refers to tow truck companies and not to tow truck equipment.
(2) An operator of noncommercially manufactured or modified tow truck equipment in use on October 1, 1995, that wishes to participate in the law enforcement rotation system must have its equipment classified by the department within a time period set by the department. Once the equipment is classified, further modifications may not be made.
(3) An operator of new noncommercially manufactured or modified tow truck equipment must have its equipment independently certified before participating in the law enforcement rotation system. Once the equipment is classified, further modifications to the equipment must be recertified.
(4) A
commercial tow truck operator
whose equipment was classified under this section before [the effective
date of this act] January 1, 2022, may continue
under the existing classification, provided that the equipment
has continuously complied with 61-8-906, 61-8-907, and 61-9-416. Equipment that is acquired or upgraded on or after [the effective date of this act] December 31, 2021, that has
not been inspected by the highway patrol for
compliance with 61-8-906, 61-8-907, and 61-9-416 must be
classified in accordance with this section."