61-10-110. Federal law. Sections 61-10-101 through 61-10-104 and 61-10-106 through 61-10-109 do not authorize, without a permit issued as provided by law, the operation of a combination of vehicles having a gross weight, axle load, or size in excess of that authorized in those sections or the operation on the national system of interstate and defense highways of a combination of vehicles having a gross weight or size in excess of the maximum weight and size permitted by law in this state before July 1, 1956, or permitted by federal law or regulation. If federal law allows establishment of weight and size limits in excess of the allowable limits permitted in 61-10-101 through 61-10-104 and 61-10-106 through 61-10-109, without penalty or denial of federal funds for highway purposes, the department of transportation may, by permit designating highway routing, authorize the movement on highways under its jurisdiction of vehicles or combinations of vehicles of a weight or size in excess of the limits provided for in those sections, but within the limits necessary to qualify for federal-aid highway funds.

Terms Used In Montana Code 61-10-110

  • Axle: means a transverse beam that is the common axis of rotation of one or more wheels and that, to receive credit for allowable total gross loading, must be capable of continuously transmitting a proportionate share of the total gross load to the roadway when the axle is in operation. See Montana Code 61-10-104
  • Department: means the department of justice acting directly or through its duly authorized officers or agents. See Montana Code 61-1-101
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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