This chapter deals with the Administrative Rules that have been adopted by the State of Montana to govern the tow truck inspection program and the law enforcement rotation system. These rules interpret the Montana Codes Annotated and provide specific guidance regarding what an individual must to comply with the Codes. These rules are as follows:

23.6.103...Classification of tow truck equipment -

1) All operators of commercial tow truck equipment in the state of Montana who wish to participate in the state law enforcement rotation system must have their tow trucks classified. In order to have a tow truck classified, an operator must submit a request for classification to the patrol. This request must contain the following:

a) the operator's name, address, and telephone number;
b) the tow truck's serial number and base of operations;
c) appropriate proof of the tow truck's weight rating; and
d) an affidavit of use, if required.

2) In order to meet the requirements of 1) c) above, all operators of commercially manufactured tow truck equipment must submit to the department proof of the manufacturer's rating of their tow truck(s). If the tow truck's nomenclature is not available for inspection by the patrol, the operator must obtain written documentation of the weight rating from the manufacturer and submit it to the patrol.

3) In order to meet the requirements of 1) c) and d) above, all operators of noncommercially manufactured or modified tow truck equipment must:

a) have their equipment classified by the department if the equipment was in service on or before October 1, 1995; or
b) have their equipment independently classified if the equipment was placed in service after October 1, 1995.

4) Upon receipt of the operator's request for classification of his or her equipment, the patrol shall set and inform the operator of a time for inspecting and classifying the equipment.

5) Upon completion of the classification inspection, the patrol shall inform the operator in writing of the results of the classification; in addition, the patrol shall inform the operator that it has 20 days in which to inform the chief of the patrol that the operator disputes the classification of equipment.

23.6.105...Tow truck classification dispute resolution advisory committee-Establishment -

1) Pursuant to 61-8-905, MCA, there is a tow truck dispute resolution advisory committee (hereafter "the committee") consisting of three members. The committee shall act as a hearing examiner with the powers set forth in 2-4-611, MCA, and it shall issue a recommended proposal for decision as discussed in 2-4-621, MCA. The attorney general shall make the final decision.

2) The attorney general shall appoint the members of the committee. Applications for the appointment to the committee from the Highway Patrol and the Department of Transportation shall come from the heads of those agencies. Applications from the tow truck industry may be made by anyone involved in that industry.
3) All applications must be in writing and must be received by September 1 of the appointment. The deadline and procedure for the applications for the initial appointment to the committee shall be established by the attorney general.
4) The terms of the members of the committee shall be three years, starting October 1 of the year of appointment. The attorney general shall stagger the terns and shall appoint the successor to any committee member unable to complete his or her term.

23.6.106...Tow truck classification dispute resolution advisory committee-Jurisdiction and procedure -

1) Pursuant to 61-8-905, MCA, the dispute resolution advisory committee shall hear all disputes that arise regarding the classification of noncommercially manufactured or modified tow truck equipment.
2) At its initial meeting following the appointment of any new member, the committee shall elect a chairman to preside over its meetings and hearings. The committee shall also elect a vice chairman to preside in the chairman's absence. A quorum of the committee shall consist of at least two members, one of whom must be from the tow truck industry. A majority vote of a quorum shall be necessary to take any official action of the committee.
3) After receiving an operator's written notification that it disputes the classification of equipment, the committee shall:

a) give all parties to the dispute reasonable notice of the date, time, and location at which the committee will hear the dispute;
b) request notification that any party of its desire to call witnesses, and the proposed subject of the witness's testimony;
c) provide the complaining party an opportunity to present reasons the proposed action should not be taken;
d) provide the responding party an opportunity to answer the complaining party;
e) provide any other party an opportunity to address the committee regarding the dispute;
f) provide any witness it deems relevant an opportunity to address the committee; g) keep a tape recording of any hearing that may be copied or transcribed at the request of any person who pays the cost thereof; and
h) issue a written proposal for decision which may be contested before the attorney general pursuant to 2-4-621, MCA.

23.6.108...Vehicle storage requirements-Insurance

1) For purposes of compliance with the insurance standards of 61-8-906, MCA, an operator's storage facility is deemed to be part of his business premises.
2) The chief of a local law enforcement or the patrol may request that a qualified operator in the state rotation system improve its storage facility so as to comply with 61-8-906, MCA. If the operator wishes to contest the request, he or she must contact the office of the attorney general.
3) Pursuant to 61-12-102, MCA, each and every commercial tow truck operator shall cause proof of insurance coverage to be filed with the Montana public service commission in accordance with ARM 38.3.712, notwithstanding the fact that any individual operator may be a subsidiary of another operator and may be covered by the parent operator's insurance.
4) If the department is advised at anytime by the public service commission that any individual operator's insurance is expired or canceled, the operator will be given 48 hours to correct the problem, then he or she will be removed from the rotation list.
5) If the operator provides proof of insurance at a later date, the operator will be placed back on the rotation list; such placement is not retroactive. A complete inspection of will not be required.
6) If the operator's insurance expires on a date other than the due date of the inspection, the following procedure will be followed:

a) The inspector will enter the date of the insurance expiration on the inspection form and decal; and
b) If the decal indicates that the insurance is expired, the operator need only produce written proof of current insurance. Such proof is to be carried in the tow truck at all times.

23.6.109...Safety inspection process-

1) All operators of commercial tow truck equipment in the state of Montana must have an annual safety inspection as set forth in 2), 3), and 4).
2) The department hereby adopts by reference the CVSA level 1 inspection, 49 CFR Chapter III, subchapter B, Appendix G, as standards for the chassis portion of the safety inspections required by 61-8-907, MCA. Copies of these regulations may be obtained from the Montana Highway Patrol, 2550 Prospect Avenue, Helena, Montana, 59620-1419. compliance with the CVSA level 1 standards must be determined before the tow truck is placed in the state rotation system. The inspector need not complete the CVSA level 1 form unless the tow truck operator requests CVSA certification, but all applicable standards must be met.
3) Standards for the safety inspection of the towing and recovery equipment that is mounted on the chassis are set forth in ARM 23.6.110.
4) Standards for the safety inspection of the equipment that a commercial tow truck must carry are set forth in 61-9-411 and 61-9-416, MCA. 5) All safety inspectors must have a CVSA level 1 inspector's certification before being qualified to inspect tow trucks.
6) A department-approved decal will be affixed to the lower right hand corner of the windshield indicating passage of the inspection. The decal will indicate the date of the inspection, the expiration of the tow truck's insurance, and the class and license plate number of the tow truck.
7) The safety certification is effective for one year, beginning October 1 of each year. There will be a sixty-day grace period at the expiration of the certification to allow for the scheduling and inspection of the tow truck.
8) It is the responsibility of the tow truck operator to contact the Montana Highway Patrol and request the inspection. The inspection site must be relatively flat and of a hard surface to allow for movement of the inspector under the tow truck.
9) The department may inspect any tow truck when questions or concerns arise as to the safety or serviceability of the tow truck and there are reasonable grounds for those concerns. The operator must be given advance written notice of such an inspection, and the notice must specify the alleged defects.
10) If any additional tow truck is put into service, the tow truck must be qualified and classified prior to answering any calls from the law enforcement rotation system.
11) If any commercial tow truck is sold, the tow truck is not qualified until it is re-inspected by the department. In addition, the seller must remove the tow truck's certification decal.
12) This rule is subject to the following qualifications:

a) if the inspection identifies a defect of any type, the operator is entitled to request a second inspection by another inspector;
b) if the inspection identifies a non-safety-related defect of deficiency, the operator will be informed of the defect or deficiency and be requested to correct it;
c) if the inspection identifies a safety-related defect or deficiency, the tow truck will be immediately taken out of service. The tow truck cannot be used in the state rotation system until the re-inspection confirms the deficiency has been corrected; and
d) if either the inspection form or certification decal is lost, removed, rendered unreadable, or destroyed, the operator must immediately notify the nearest patrol office that can provide a copy of the inspection report from its files and/or reissue a certification decal.

13) Once a successful inspection is completed, the inspecting officer will provide a copy of the approved inspection report to the tow operator. The inspector will personally affix the certification decal to the windshield.

23.6.110...General tow truck equipment safety standards -

1) All towing and recovery equipment mounted on the chassis of a commercial tow truck must meet the following standards:
a) chain or cable capable of safely handling loads equal to the minimum manufacturer's rating established in 61-8-905, MCA;
b) drums capable of fully extending and retracting the cable;
c) winch equipment capable of safely handling loads equal to the minimum manufacturer's ratings established in 61-8-905, MCA;
d) a boom capable of safely handling loads equal to the minimum manufacturer's ratings established in 61-8-905, MCA.

23.6.113...State law enforcement rotation system -

1) The state law enforcement rotation system consists of lists of the names and telephone numbers of qualified "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 system must submit a written application to the patrol showing:

a) the name of the operator's insurance company;
b) the class of the operator's tow truck(s);
c) that the operator meets the safety standards of the patrol as set forth in ARM 23.6.109 and 23.6.110; and
d) 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 re-examine the rotation system as needed to ensure compliance with the statute.

5) An operator participating in the state rotation system must respond to or decline any call from the rotation system; he or she may not authorize any other operator to respond to that call. Violation of this rule may result in suspension (permanent or temporary) from the rotation system.
6) This rule 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.