A trip or term permit may be issued for a logging vehicle for maximum dimensions of 15 feet wide, 95 feet long and 14'6" high for logs and logging equipment (logs may not exceed 9 feet in width and should be so stated on thepermit). Trip permits are valid for 72 hours or become void upon leaving the state. Term permits are valid for acalendar year.

If the overhang of any raw log exceeds 15 feet, a single trip permit is required (regardless of the overall length of the combination). Overhang is measured from the center of the rear most axle to the most distant end of the logs being hauled. This does not apply to vehicle combinations hauling utility poles. A Truck with a Full Trailer may operate to 95 feet in length.

If the overall length does not exceed 75 feet (legal), including overhang, then continuous travel is allowed. All travel restrictions and flag vehicle requirements apply to log permits.

A 5 axle-logging vehicle is allowed to gross 80,000 pounds with payment of proper GVW fees. With purchase of a log permit, the tandem axles may not exceed 35,000 pounds, and gross weight may not exceed 80,000 pounds. A 6 axle logging combination running with the tag axle up may utilize the 5-axle weight portion of the Log Permit.

10% tolerance permits may be issued for a gross weight over 80,000 pounds. If in possession of a logging permit, the combination may exceed permitted axle weight by 10% (35,000 pounds per tandem + 10% = 38,500 pounds). If not in possession of a logging permit, 10% excess weight is allowed on the statutory limit of 34,000 pounds only (34,000 pounds + 10% = 37,400 pounds). This would also include overall as well as inner bridge per bridge formula of 61-10-107.

For additional information on tolerance, see MCS manual, Section 2.

The following is the policy of the Motor Carrier Services Division regarding overweight loads:

At no time shall an Enforcement Officer tell the operator to "unload". The M.C.S. Officer shall instruct the operator to

"Get Legal", leaving it up to the operator to determine whether they must adjust or unload to get legal. If this occurs at end of officer’s shift, they must contact the next en-route scale and MCS patrol. DO NOT ALLOW THE OPERATOR TO UNLOAD ON TO WEIGH STATION PROPERTY OR ALONG THE HIGHWAY RIGHT-OF-WAY.

1) If a load enters a weigh station and is in excess of its legal weight limits, but is within the tolerance provided for in 61-10-144, MCA, the vehicle operator has two (2) options.

A) Purchase a $10.00 single trip permit (when applicable); or,

B) Get Legal.

2) If a load enters a weigh station and is in excess of its legal weight and tolerance limits, the operator is to be instructed to Get Legal before the vehicle is permitted to move.

3) If the operator elects to get legal and does so by adjusting the load, the vehicle must be reweighed and this must be reflected on the scale tape (if the station is equipped with a printer) or on a Form 88 (if the station does not have a printer). A CWT must be issued.

4) Notices to Appear shall be issued when applicable.

Section 9 Page 54 Revise August, 2003

DAE

OVERWEIGHT - PERMITTING TO A DESIGNATED FACILITY

Operators of vehicles which have been weighed and are overweight, may be issued a designated facility permit that allows the operator to travel to the nearest designated facility where they can safely unload the excess weight of the commodity being hauled. REMEMBER to use the Commodity Code of "U" for this permit.

Vehicles within the 10% tolerance:

Loads in excess of the weights allowed under 61-10-107, but which fall within the 10% tolerance allowed under 61-10-144 M.C.A., may adjust the load to legal weights, or be issued the $10.00 tolerance permit (Trip form) that allows them to travel to the nearest location where they can safely unload the excess weight of the commodity being hauled. The 2 options (adjusting the load or purchasing the tolerance permit) shall be the discretion of the driver. Determining the nearest safe unloading location shall be the preference of the officer.

The issuance and requirements of the 10% permit, remain the same as it has in the past. An operator is never to be allowed to off-load a commodity, of any kind, on to a weighing facility or highway right-of-way.

VEHICLES EXCEEDING THE 10% TOLERANCE (reducible loads):

Loads exceeding the 10% tolerance allowed under 61-10-144 M.C.A., but not exceeding 10,000 lbs. of excess weight, may be permitted to the nearest designated facility where the load can be safely reduced to legal limits. The permit issued in this instance will be either a trip weight mileage permit (if axle violation) - or a Trip Form ($10, $30 or $50) if bridge violation, based on the mileage from the weighing location to the designated facility. REMEMBER to use the Commodity Code of "U" for this permit.

Loads exceeding the 10% tolerance are still subject to a citation for the penalties described in 61-10-145 M.C.A., even though a permit may be issued for travel to a designated facility.

Vehicles or vehicles with loads exceeding 10,000 lbs. of excess weight will still be required to "Get Legal" at the weighing location. An operator is never to be allowed to off-load a commodity, of any kind, on to a weighing facility or highway right-of-way.

Determining the Nearest Designated Facility

The Enforcement officer on duty shall determine the nearest designated facility where the excess weight may be safely unloaded. The officer at each weighing location can best determine the nearest facility where the particular overweight commodity being hauled might be unloaded. In some instances (Example: Nuclear Waste) there is no facility in Montana which can accept the commodity being hauled. In these cases, the vehicle and load may be permitted out of the state.

The nearest Montana facility where a commodity is to be reduced is not required to be along the direct path of original travel of the load. If the nearest facility is from the direction that the operator has already come, then the vehicle should be permitted to that facility. REMEMBER: Circumstances such as Haz-Mat loads must remain on a specified route.

In the case of a commodity which may be off-loaded at several locations within a given city, (Example: Lumber) the permit should be issued to get the load to that city or town, but should not designate the specific facility where the operator must unload. To avoid discrimination, the operator may be given the various locations which might take the excess commodity, and the operator should determine which facility best meets their needs. The operator should be made aware of the penalties under 61-10-107 and 61-10-141, should they not unload the excess weight in the designated city or town.

61-9-414. Logging trucks.

(1) A truck or truck trailer combination, except pole trailers, actively engaged in transporting logs must be equipped with chains, cables, steel straps, or fiber webbing with working load limits that meet or exceed the manufacturer's marked value. The number of tie -down assemblies must be determined by the working load limits and the total weight of the load. The working load limits must equal or exceed 1 1/2 times the total weight of the load.

(2) A pole trailer actively engaged in transporting logs upon the highways of the state must be equipped as follows:

(a) At least three wrappers are required as standard equipment. The wrappers must:

(i) be made of steel chain, steel cable, or a combination of steel chain and steel cable;

(ii) have a minimum working load limit of at least 3,000 pounds; and

(iii) be long enough to encompass any load when secured by a binder.

(b)

(i) Wrappers used to secure loads of logs together must be fastened by means of a binder.

(ii) The complete wrapper and binder assembly must have a working load limit of at least 3,000pounds.

(iii) The handle, or leverage portion of the binder, when in use in tightening and holding the wrapper, must be securely fastened to the wrapper or to the binder so that it cannot be accidentally loosened.

(c) At least two wrappers must be in use on all loads. The wrappers must be placed as close as reasonably possible to the front and rear bunks.

(d) If short logs are loaded on top of longer logs, sufficient wrappers must be used to secure both ends of the short logs to the main body of the load. A log may not extend laterally beyond the stakes that form the outer boundary of the load at the top of the stakes. Logs or poles loaded above the tops of the stakes must be loaded in a pyramidal fashion.

(3) For the purposes of this section:

(a) "binder" means a device attached to a wrapper that provides tension on and secures awrapper; and

(b) "wrapper" means an indirect tie -down device, the tension of which is intended to secure a stack of logs.

http://www.mdt.state.mt.us/mcs/docs/opermanual/sect04_laws.pdf

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