61-8-908. State law enforcement rotation system — letter of appointment — local government rotation system. (1) The department shall establish and maintain an equitable rotation system among qualified tow truck operators that apply to the department in writing to be placed on the system and receive a letter of appointment under 61-8-920. The rotation system:

Terms Used In Montana Code 61-8-908

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Department: means the department of justice provided for in 2-15-2001. See Montana Code 61-8-903
  • Driver: means a person who drives or is in actual physical control of a vehicle. See Montana Code 61-1-101
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Highway: has the meaning provided in 61-1-101, but includes ways that have been or are later dedicated to public use. See Montana Code 61-8-102
  • Letter of appointment: means a letter granted by the department pursuant to 61-8-920 that authorizes the holder to participate in the law enforcement rotation system provided for in 61-8-908. See Montana Code 61-8-903
  • Local government: means a county, a municipality, or other local board or body that has authority to enact laws relating to traffic. See Montana Code 61-8-903
  • Motor vehicle: means :

    (i)a vehicle propelled by its own power and designed or used to transport persons or property on the highways of the state;

    (ii)a quadricycle if it is equipped for use on the highways as prescribed in chapter 9; or

    (iii)a golf cart only if it is equipped for use on the highways as prescribed in chapter 9 and is operated pursuant to 61-8-391 or by a person with a low-speed restricted driver's license. See Montana Code 61-1-101

  • operator: means an individual, partnership, corporation, or other business entity that owns or operates a commercial tow truck as defined in 61-9-416. See Montana Code 61-8-903
  • Owner: means each person who holds the legal title to a vehicle. See Montana Code 61-1-101
  • Qualified tow truck operator: means a commercial tow truck operator:

    (i)that has equipment that:

    (A)meets the requirements of 61-8-906, 61-8-907, and 61-9-416; and

    (B)has been classified in accordance with 61-8-905;

    (ii)that participates in the law enforcement rotation system provided for in 61-8-908;

    (iii)that meets the requirements of subsection (6)(b); and

    (iv)that has been issued a letter of appointment pursuant to 61-8-920. See Montana Code 61-8-903

  • Roadway: means the portion of a highway that is improved, designed, or ordinarily used for vehicular travel, including the paved shoulder. See Montana Code 61-8-102
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Street: means the entire width between the boundary lines of every publicly maintained way when any part of the publicly maintained way is open to the use of the public for purposes of vehicular travel. See Montana Code 61-1-101
  • Vehicle: means a device in, on, or by which any person or property may be transported or drawn on a public highway, except devices moved by animal power or used exclusively on stationary rails or tracks. See Montana Code 61-1-101
  • Writing: includes printing. See Montana Code 1-1-203

(a)must be administered by the highway patrol in a manner that will give priority to public safety;

(b)must be based on the classification of equipment as provided in 61-8-905; and

(c)may include only qualified tow truck operators.

(2)Each qualified tow truck operator participating in the rotation system shall have available and show upon the request of a law enforcement officer:

(a)all Montana motor vehicle identification numbers or department of transportation numbers for the operator’s tow trucks operating in the rotation system;

(b)the operator’s federal tax identification number;

(c)the operator’s company phone number and street address; and

(d)the operator’s letter of appointment as issued under 61-8-920.

(3)The operator shall display on both sides of each tow truck the operator’s business name and location and the numbers required by subsection (2)(a). The information required by this subsection must be plainly seen and able to be read at all times.

(4)Any charges for towing service must be calculated from the operator’s business location, as it is assigned on the operator’s letter of appointment.

(5)The rotation system is not applicable when the owner or driver of a wrecked or disabled vehicle obstructing a public roadway requests a tow truck operator of the owner’s or driver’s choice and the operator meets the insurance requirements provided in 61-8-906 and the safety inspection requirements provided in 61-8-907.

(6)(a) (i) The law enforcement officer at the scene of the wreck shall call the qualified tow truck operator that is next on the rotation list if:

(A)a request for a tow truck is not made by the owner or driver;

(B)the requested tow truck cannot respond in a timely manner; or

(C)the law enforcement officer determines that the requested tow truck is unable to handle the wrecked or disabled vehicle.

(ii)If the qualified tow truck operator is not classified to handle the wrecked or disabled vehicle, the officer shall call the qualified tow truck operator next on the rotation list that is classified to handle the wrecked or disabled vehicle.

(b)If a qualified tow truck operator classified to handle the wrecked or disabled vehicle is not reasonably available, the law enforcement officer may request other equipment to remove the hazard.

(7)The department shall administer the state law enforcement rotation system. A qualified tow truck operator may examine the rotation system schedule established by the department in order to determine if the system is being administered in an equitable manner.

(8)A qualified tow truck operator gives implied consent to a reasonable inspection during normal business hours of its premises, vehicles, and equipment by the department of transportation, highway patrol, or a local government to ensure compliance with this part.

(9)A local law enforcement agency may adopt and administer a local law enforcement rotation system that complies with the provisions of this part. A tow truck operator desiring to be placed on the local law enforcement rotation system must be a qualified tow truck operator as provided in this part.

(10)The highway patrol or local law enforcement shall provide upon request a record of rotation system calls for all classes of tow trucks.

(11)Complaints about the rotation system must be referred in writing to the complaint resolution committee established in 61-8-912.

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