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Federal regulations
Montana has adopted Part 395 of the Federal Regulations.
Applicability
Part 395 applies to intrastate operation of vehicles with a gross vehicle weight rating, gross combination weight rating, gross vehicle weight, or gross combination weight of 26,001 or more pounds, or vehicles used to transport hazardous materials of a type or quantity that require the vehicle to be placarded.
Exception — Part 395 does not apply to the operation of a covered farm vehicle.
Exception — The hours-of-service requirements (Part 395) shall not apply during planting and harvesting season to drivers transporting:
- Agricultural commodities from the source of the agricultural commodities to a location within 150 air-miles from the source;
- Farm supplies for agricultural purposes from a wholesale or retail distribution point of the farm supplies to a farm or other location where the farm supplies are intended to be used within a 150 air-mile radius from the distribution point; or
- Farm supplies for agricultural purposes from a wholesale distribution point of the farm supplies to a retail distribution point of the farm supplies within a 150 air-mile radius from the wholesale distribution point.
Montana’s planting and harvesting season is January 1 through December 31 of each year.
A driver subject to this exception must keep a daily record of the number of hours he/she worked. The format of the daily record may be determined by the record keeper, so long as the format includes a provision for entry of hours worked by calendar day. The daily record must be retained for a period of 6 months from initial entry date. Payroll records or time sheets may be used for this purpose if they are updated on a daily basis.
Electronic logging device (ELD)
Montana has adopted the electronic logging device (ELD) requirements in Part 395 for intrastate motor carriers and drivers.
See Safety Overview for information about the adoption of Federal safety regulations and applicability.