Montana Code 61-9-321. Engine compression brake device — use
61-9-321. Engine compression brake device — use. (1) A commercial motor vehicle equipped with an engine compression brake device must be equipped with a muffler in good working condition to prevent excessive noise.
Terms Used In Montana Code 61-9-321
- Commercial motor vehicle: means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the vehicle:
(i)has a gross combination weight rating or a gross combination weight of 26,001 pounds or more, whichever is greater, inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds;
(ii)has a gross vehicle weight rating or a gross vehicle weight of 26,001 pounds or more, whichever is greater;
(iii)is designed to transport at least 16 passengers, including the driver;
(iv)is a school bus; or
(v)is of any size and is used in the transportation of hazardous materials. See Montana Code 61-1-101
- Department: means the department of justice acting directly or through its duly authorized officers or agents. See Montana Code 61-1-101
- 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 a person who is in actual physical control of a motor vehicle. See Montana Code 61-1-101
(2)An operator of a commercial motor vehicle that has an engine compression brake device with a factory-installed muffler or an equivalent after-market muffler may not be prohibited from using the engine compression brake device.
(3)The department of transportation employees who are designated as peace officers pursuant to 61-10-154 shall work with law enforcement in the enforcement of standards adopted pursuant to this section.
(4)Notice of a deficiency must be given pursuant to 61-9-501.
(5)A violation of the rules adopted to implement to this section is punishable as provided in 61-9-521.