(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.  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 chasses 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 patrol-approved inspection form will be completed by the inspector.  If minimum standards are met, a patrol-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 date 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 60-day grace period at the expiration of the certification to allow for the scheduling of 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) Any additional tow truck placed into service by an operator 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 reinspected 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 or deficiency, the operator will be informed of the defect or deficiency and 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 reinspection confirms that the defect or 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 inspector will provide a copy of the approved inspection report to the tow truck operator and affix the certification decal to the windshield.  A copy of the safety certification must be carried in the tow truck at all times.