1. (1) A vehicle used for the driving portion of a commercial motor vehicle operator's endorsement examination must be in safe operating condition, properly registered, insured, and, if loaded, have the load properly secured.

2. (2) An examination will be denied if:

   1. (a) the vehicle is loaded with any hazardous material;
   2. (b) the vehicle is improperly or illegally loaded;

   3. (c) the vehicle has defective brakes, determined as follows:

      1. (i) absence of braking action upon application of the service brakes;
      2. (ii) observably missing, loose, or broken mechanical components;
      3. (iii) audible air leak at brake chamber;
      4. (iv) unbalanced steering axle braking, observable during operation when the vehicle or a component of the vehicle swerves noticeably upon application of the service brake;
      5. (v) no brakes on the vehicle or combination of vehicles are applied upon activation of the parking brake system;
      6. (vi) a low pressure warning device that is missing or inoperative at 55 PSI and below;

      7. (vii) any hydraulic brake system which has:

         1. (A) no pedal reserve with engine running, except by pumping pedal;
         2. (B) a brake failure or low fluid warning light on;

   4. (d) the vehicle has any frame member that is:

      1. (i) cracked, loose, or broken so as to adversely affect support of functional components such as steering gear, fifth wheel, engine, transmission, suspension, or body parts;
      2. (ii) cracked, loose, sagging, or broken, permitting shifting of the body onto moving parts or other condition indicating imminent collapse of the frame;
   5. (e) the vehicle exhibits any condition, including loading, that causes the body, frame, or load to be in contact with a tire or any part of a wheel assembly;

   6. (f) the vehicle's tires are:

      1. (i) worn to the point that any part of the breaker strip or casing ply is showing in the tread area;
      2. (ii) labeled "not for highway use";
      3. (iii) flat, or noticeably leaking;
   7. (g) the vehicle's wheels and rims are bent, broken, cracked, improperly seated, or sprung, or have mismatched lock or side rings;
   8. (h) the vehicle is not currently registered;
   9. (i) the vehicle is not currently insured, or does not have a valid insurance certificate;
   10. (j) the vehicle is not in running condition sufficient to complete the driving test.

Authorizing statute(s): Sec. 61-5-112, 61-5-117, 61-5-125 MCA

Implementing statute(s): Sec. 61-5-110, 61-5-112 MCA

History: NEW, 1988 MAR p. 62, Eff. 1/15/88.