Mont. Code Ann. § 61-5-201 — MT Code / Title 61 / Chapter 5 / Part 2 / Section 61-5-201
61-5-201 Authority of department to cancel license
Status: in_force

61-5-201 . Authority of department to cancel license. (1) The department may cancel a driver's license if it has reasonable grounds to believe that:

(a) the licensee was not entitled to the issuance;

(b) since the issuance, the licensee has become ineligible as determined pursuant to the provisions of 61-5-105 ;

(c) the licensee failed to give the required or correct information in the licensee's application or committed any fraud in making the application; or

(d) the licensee has applied for another driver's license or an identification card issued by the department.

(2) A person whose driver's license is canceled because the person failed to give the required or correct information on the application or committed any fraud in making the application is disqualified from operating a commercial motor vehicle for a period of 60 days from the date of the cancellation.
Mont. Code Ann. § 61-3-307 — MT Code / Title 61 / Chapter 3 / Part 3 / Section 61-3-307
61-3-307 Voluntary registration suspension
Status: in_force

61-3-307 . Voluntary registration suspension. (1) A person whose vehicle is registered in the state may suspend the registration in a manner prescribed by department rulemaking. If the vehicle is registered to multiple adults, they shall all consent to the suspension.

(2) A vehicle with a suspended registration may not be driven on the ways of this state open to the public.
Mont. Code Ann. § 61-12-309 — MT Code / Title 61 / Chapter 12 / Part 3 / Section 61-12-309
61-12-309 Contracts to be in duplicate
Status: in_force

61-12-309 . Contracts to be in duplicate. Every service contract executed, issued, or delivered in this state shall be made in duplicate, and shall be signed by the company issuing the same, or by its duly authorized agent, and by the party purchasing the same, and one copy thereof shall be kept by said company, and the other copy shall be delivered to the party purchasing the same.
Mont. Code Ann. § 61-8-715 — MT Code / Title 61 / Chapter 8 / Part 7 / Section 61-8-715
61-8-715 Reckless driving -- reckless endangerment of emergency personnel or highway workers -- failure to yield to an emergency vehicle -- penalty
Status: in_force

61-8-715 . Reckless driving -- reckless endangerment of emergency personnel or highway workers -- failure to yield to an emergency vehicle -- penalty. (1) Except as provided in subsection (2), a person convicted of reckless driving under 61-8-301 (1)(a) or (1)(b), convicted of reckless endangerment of a highway worker under 61-8-389 , or convicted of reckless endangerment of emergency personnel or reckless endangerment of highway workers under 61-8-389 shall be punished on a first conviction by imprisonment for a term of not more than 90 days, a fine of not less than $100 or more than $500, or both. On a second or subsequent conviction, the person shall be punished by imprisonment for a term of not less than 5 days or more than 6 months, a fine of not less than $500 or more than $1,000, or both.

(2) A person who is convicted of reckless driving under 61-8-301 or convicted of reckless endangerment of emergency personnel or reckless endangerment of highway workers under 61-8-389 and whose offense results in the death or serious bodily injury of another person shall be punished by a fine in an amount not exceeding $10,000, incarceration for a term not to exceed 1 year, or both.

(3) A person who is convicted of failure to yield to an emergency vehicle under 61-8-346 shall be punished as follows:

(a) for a first conviction, a fine of not less than $500 or more than $1,000, a sentence of community service of not less than 50 hours or more than 100 hours, or both;

(b) for a second conviction, a fine of not less than $1,000 or more than $2,000, a sentence of community service of not less than 100 hours or more than 200 hours, or both; and

(c) for a third or subsequent conviction, a fine of not less than $3,000 or more than $5,000, a sentence of imprisonment for a term of not less than 30 days, or both.
Mont. Code Ann. § 61-10-155 — MT Code / Title 61 / Chapter 10 / Part 1 / Section 61-10-155
61-10-155 Rulemaking authority
Status: in_force

61-10-155 . Rulemaking authority. The department of transportation may adopt and enforce rules to implement this chapter.
Mont. Code Ann. § 61-8-303 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-303
61-8-303 Speed restrictions -- definitions
Status: in_force

61-8-303 . Speed restrictions -- definitions. (1) Except as provided in 61-8-309 , 61-8-310 , and 61-8-312 , the speed limit for vehicles traveling:

(a) on an interstate highway outside an urbanized area of 50,000 population or more is 80 miles an hour at all times and the speed limit for vehicles traveling on interstate highways within an urbanized area of 50,000 population or more is 65 miles an hour at all times;

(b) on any portion of a national highway that is 10 miles or greater that has been expanded to four lanes, and that is not subject to a permanent special speed zone, as provided in 61-8-309 and 61-8-310 , is 75 miles an hour during the daytime and 70 miles an hour during the nighttime;

(c) on any other public highway of this state is 70 miles an hour during the daytime and 65 miles an hour during the nighttime;

(d) in an urban district is 25 miles an hour.

(2) A vehicle subject to the speed limits imposed in subsection (1) may exceed the speed limits imposed in subsection (1) by 10 miles an hour in order to overtake and pass a vehicle and return safely to the right-hand lane under the following circumstances:

(a) while traveling on a two-lane road; and

(b) in a designated passing zone.

(3) Subject to the maximum speed limits set forth in subsection (1), a person shall operate a vehicle in a careful and prudent manner and at a reduced rate of speed no greater than is reasonable and prudent under the conditions existing at the point of operation, taking into account the amount and character of traffic, visibility, weather, and roadway conditions.

(4) Except when a special hazard exists that requires lower speed for compliance with subsection (3), the limits specified in this section are the maximum lawful speeds allowed.

(5) As used in this section, "daytime" means from one-half hour before sunrise to one-half hour after sunset. "Nighttime" means at any other hour.

(6) The speed limits set forth in this section may be altered by the transportation commission or a local authority as authorized in 61-8-309 , 61-8-310 , 61-8-313 , and 61-8-314 .

(7) A person who violates this section is subject to the penalties provided in 61-8-725 .
Mont. Code Ann. § 61-8-1033 — MT Code / Title 61 / Chapter 8 / Part 10 / Section 61-8-1033
61-8-1033 Forfeiture procedure
Status: in_force

61-8-1033 . Forfeiture procedure. (1) A motor vehicle forfeited under 61-8-1010 must be seized by the arresting agency within 10 days after the conviction and disposed of as provided in Title 44, chapter 12, part 2. Except as provided in this section, the provisions of Title 44, chapter 12, part 2, apply to the extent applicable.

(2) Forfeiture proceedings under 44-12-207 through 44-12-211 must be instituted by the arresting agency within 20 days after the seizure of the motor vehicle.

(3) (a) For purposes of 44-12-213 , the proceeds of the sale of the motor vehicle must be distributed first to the holders of security interests who have presented proper proof of their claims, up to the amount of the interests or the amount received from the sale, whichever is less, and the remainder to the general fund of the arresting agency.

(b) A holder of a security interest may petition the sentencing court for transfer of title to the motor vehicle to the holder of the security interest if the secured interest is equal to or greater than the estimated value of the motor vehicle.

(4) Actions the court may take under 44-12-212 (3) to protect the rights of innocent persons include return of the motor vehicle without a sale to an owner who is unable to present an adequate defense under this section but is found by the court to be without fault.
Mont. Code Ann. § 61-8-920 — MT Code / Title 61 / Chapter 8 / Part 9 / Section 61-8-920
61-8-920 Rotation system -- letter of appointment -- requirements
Status: in_force

61-8-920 . Rotation system -- letter of appointment -- requirements. (1) A commercial tow truck operator may not participate in the law enforcement rotation system provided for in 61-8-908 without a letter of appointment from the department.

(2) The department may assign a letter of appointment to a commercial tow truck operator if the operator meets the following requirements:

(a) Each towing business must be operated independently. One company cannot be dependent on another for any required operation.

(b) If the operator owns more than one towing business, each business must have a different identifiable name, address, and telephone number that is answered at the business location during normal business hours. An after-hours central dispatch center may receive calls for multiple businesses if the dispatch center is capable of acknowledging each individual call by the applicable company name.

(c) The operator shall provide adequate staffing for each business with personnel who are present at the business location to answer all incoming calls and who are able to release impounded vehicles from 8 a.m. to 5 p.m., Monday through Friday, except for state-recognized holidays. In addition, each business location must be staffed by a sufficient number of drivers for a 24-hour a day operation.

(d) There must be adequate equipment for each company to operate independently. Tow trucks may be used only for the company for which they are registered and within the rotation area for which they are approved by the department unless otherwise specifically provided for by the department.

(e) The operator must have a business location with its own outside entrance, or if a building has one main entrance, the location must have doors clearly marking and separating each business with a sign at the front door and a sign plainly visible from the street indicating the company's name, telephone number, and office hours. Separate businesses in the same rotation area may be housed in one building, but there must be a solid wall from floor to ceiling to separate each business.

(f) Each company shall maintain its own set of required records and books, including but not limited to a vehicle transaction file and billing invoices at its business location. If there is a corporate accountant or bookkeeper for more than one company, all records and files for each company that are required to be maintained at the business location must be maintained separately.

(g) The operator must have impound and storage areas at the business location and in the operator's assigned rotation area that meet the requirements of 61-8-906 (3).

(h) The operator shall maintain at least one truck meeting the minimum classification standards set out in 61-8-905 .

(3) A qualified tow truck operator may have only one letter of appointment for a business location in a single rotation area. A request for an additional letter of appointment must be for a complete and separate business location that is capable of operating independently within the same or another rotation area and that meets the requirements of subsection (2).

(4) Each letter of appointment must specify the rotation area to which the qualified tow truck operator is assigned.

(5) A commercial tow truck operator may petition the department in writing for a waiver of one or more of the requirements of subsection (2). Except as provided in subsection (6), the department may grant a waiver if it finds that:

(a) the towing service otherwise available within the rotation area is inadequate to meet the needs of the public;

(b) the request has the highway patrol district commander's approval; and

(c) the petition is otherwise reasonable.

(6) In the event a commercial tow truck operator meets all the requirements of this section and receives a letter of appointment in the same rotation area as a qualified tow truck operator that had earlier been granted a waiver pursuant to subsection (5), the department shall rescind the waiver.

(7) A letter of appointment must be issued in the name of the applicant and is not transferable to any other person or business.

(8) A letter of appointment is valid until suspended, superseded, or revoked by the department.
Mont. Code Ann. § 61-6-113 — MT Code / Title 61 / Chapter 6 / Part 1 / Section 61-6-113
61-6-113 Responsibility and impleader of driver of vehicle with canceled or suspended registration
Status: in_force

61-6-113 . Responsibility and impleader of driver of vehicle with canceled or suspended registration. (1) The user of a vehicle with a canceled or suspended registration is liable for all tolls, fines, and damages arising from the operation of the vehicle.

(2) The owner of a vehicle with a canceled or suspended registration may implead the driver of the vehicle in any suit money arising from the operation of the vehicle.
Mont. Code Ann. § 61-8-609 — MT Code / Title 61 / Chapter 8 / Part 6 / Section 61-8-609
61-8-609 Bicycle, moped, or motorized scooter racing -- when lawful
Status: in_force

61-8-609 . Bicycle, moped, or motorized scooter racing -- when lawful. (1) Bicycle, moped, or motorized scooter racing on a highway is prohibited except as authorized in this section.

(2) Bicycle, moped, or motorized scooter racing on a highway is lawful when a racing event is approved by state or local authorities on any highway under their respective jurisdictions. Approval of highway racing events may be granted only under conditions that ensure reasonable safety for all race participants, spectators, and other highway users and that prevent unreasonable interference with traffic flow.

(3) By agreement with the approving authority, participants in an approved bicycle, moped, or motorized scooter highway racing event may be exempted from compliance with any traffic laws otherwise applicable if traffic control is adequate to ensure the safety of all highway users.
Mont. Code Ann. § 61-4-137 — MT Code / Title 61 / Chapter 4 / Part 1 / Section 61-4-137
61-4-137 Civil damages
Status: in_force

61-4-137 . Civil damages. Any new dealer suffering pecuniary loss because of a violation of 61-4-132 through 61-4-136 , upon prevailing in a civil action for a violation, is entitled to damages equal to three times the pecuniary loss, together with court costs and reasonable attorney fees.
Mont. Code Ann. § 61-8-102 — MT Code / Title 61 / Chapter 8 / Part 1 / Section 61-8-102
61-8-102 Uniformity of interpretation -- definitions
Status: in_force

61-8-102 . Uniformity of interpretation -- definitions. As used in this chapter, unless the context requires otherwise, the following definitions apply:

(1) "Authorized emergency vehicle" means a vehicle of a governmental fire agency organized under Title 7, chapter 33, an ambulance, or an emergency vehicle designated or authorized by the department.

(2) "Bicycle" means a vehicle propelled solely by human power on which any person may ride, irrespective of the number of wheels, except scooters, wheelchairs, and similar devices. The term includes an electrically assisted bicycle.

(3) "Bicycle trailer" means a device with one or more wheels that is designed to be towed by a bicycle.

(4) "Business district" means the territory contiguous to and including a highway when within any 600 feet along a highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, office buildings, railroad stations, and public buildings that occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the highway.

(5) "Controlled-access highway" means a highway, street, or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the highway, street, or roadway except at the points and in the manner as determined by the public authority having jurisdiction over the highway, street, or roadway.

(6) "Crosswalk" means:

(a) that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway; or

(b) any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrians crossing by lines or other markings on the surface.

(7) "Electrically assisted bicycle" means a vehicle on which a person may ride that has two tandem wheels and an electric motor capable of propelling the vehicle and a rider who weighs 170 pounds no faster than 20 miles an hour on a paved, level surface.

(8) "Flag person" means a person who directs, controls, or alters the normal flow of vehicular traffic on a street or highway as a result of a vehicular traffic hazard then present on that street or highway. This person, except a uniformed traffic enforcement officer exercising the officer's duty as a result of a planned vehicular traffic hazard, must be equipped as required by the rules of the department of transportation.

(9) "Highway" has the meaning provided in 61-1-101 , but includes ways that have been or are later dedicated to public use.

(10) "Ignition interlock device" means ignition equipment that:

(a) analyzes the breath to determine blood alcohol concentration;

(b) is approved by the department pursuant to 61-8-1025 ; and

(c) is designed to prevent a motor vehicle from being operated by a person who has consumed a specific amount of an alcoholic beverage.

(11) (a) "Intersection" means the area embraced within the prolongation or connection of the lateral curb lines or if there are no curb lines then the lateral boundary lines of the roadways of two highways that join one another at or approximately at right angles or the area within which vehicles traveling on different highways joining at any other angle may come in conflict.

(b) When a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of the divided highway by an intersecting highway must be regarded as a separate intersection. If the intersecting highways also include two roadways 30 feet or more apart, then every crossing of two roadways of the highways must be regarded as a separate intersection.

(12) "Laned roadway" means a roadway that is divided into two or more clearly marked lanes for vehicular traffic.

(13) "Local authorities" means every county, municipal, and other local board or body having authority to enact laws relating to traffic under the constitution and laws of this state.

(14) "Moped" means a vehicle equipped with two or three wheels, foot pedals to permit muscular propulsion, and an independent power source providing a maximum of 2 brake horsepower. The power source may not be capable of propelling the device, unassisted, at a speed exceeding 30 miles an hour on a level surface. The device must be equipped with a power drive system that functions directly or automatically only and does not require clutching or shifting by the operator after the drive system is engaged.

(15) (a) "Motorized scooter" means a vehicle without a seat that may be propelled solely or in part by muscular propulsion or by an independent power source, such as an engine or motor. The power source may not be capable of propelling the device at a speed exceeding 30 miles an hour on a level surface.

(b) The term does not include an electrically assisted bicycle.

(16) "Noncommercial motor vehicle" or "noncommercial vehicle" means any motor vehicle or combination of motor vehicles that is not included in the definition of commercial motor vehicle in 61-1-101 and includes but is not limited to the vehicles listed in 61-1-101 (10)(b).

(17) "Official traffic control devices" means all signs, signals, markings, and devices not inconsistent with this title that are placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic.

(18) "Paved shoulder" means that portion of the shoulder that is adjacent to the edge of the roadway, continuous and level with the roadway, and paved.

(19) "Pedestrian" means any person on foot or any person in a manually or mechanically propelled wheelchair or other low-powered, mechanically propelled vehicle designed specifically for use by a physically disabled person.

(20) "Police vehicle" means a vehicle used in the service of any law enforcement agency.

(21) "Private road" or "driveway" means a way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.

(22) "Residence district" means the territory contiguous to and including a highway not comprising a business district when the property on the highway for a distance of 300 feet or more is primarily improved with residences or residences and buildings in use for business.

(23) "Right-of-way" means the privilege of the immediate use of the roadway.

(24) "Roadway" has the meaning provided in 61-1-101 .

(25) "School bus" has the meaning provided in 20-10-101 .

(26) "Sidewalk" means the portion of a street that is between the curb lines or the lateral lines of a roadway and the adjacent property lines and that is intended for use by pedestrians.

(27) "Traffic control signal" means a device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed.

(28) "Urban district" means the territory contiguous to and including any street that is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than 100 feet for a distance of one-fourth mile or more.

(29) "Ways of this state open to the public" means any highway, road, alley, lane, parking area, or other public or private place adapted and fitted for public travel that is in common use by the public.
Mont. Code Ann. § 61-11-510 — MT Code / Title 61 / Chapter 11 / Part 5 / Section 61-11-510
61-11-510 Prerequisites to disclosure
Status: in_force

61-11-510 . Prerequisites to disclosure. (1) Prior to the disclosure of personal information or highly restricted personal information, as provided in 61-11-507 , 61-11-508 , or 61-11-509 , the department shall require the requester to complete and submit an application, in a form prescribed by the department, identifying the requester and specifying the statutorily recognized uses for which the personal information or highly restricted personal information is being sought.

(2) The department shall require the requester to provide identification acceptable to the department.

(3) (a) The department shall collect the appropriate fees paid by the requester and shall determine the amount of the fees in accordance with 61-3-101 , 61-11-105 , and this subsection (3), and as appropriate, in accordance with the terms of a contract between the department and the requester.

(b) The department shall ensure that fees established by policy or contract:

(i) recover the department's cost and expenses as provided in 2-6-1006 and 61-3-101 ;

(ii) include an additional amount necessary to compensate the department for costs associated with developing and maintaining the database from which information is requested; and

(iii) incorporate, when applicable, the convenience fee established under 2-17-1103 .

(c) Except as provided in 61-11-105 (5)(b) and subsection (3)(d) of this section, the department shall charge a fee to any person, including a representative of a federal, state, or local government entity or member of the news media who requests information under this section.

(d) The department may not charge a fee for information requested by the governor's office of budget and program planning, the Montana tax appeal board, the department of revenue, any legislative branch agency or committee, or any criminal justice agency, as defined in 44-5-103 .
Mont. Code Ann. § 61-8-716 — MT Code / Title 61 / Chapter 8 / Part 7 / Section 61-8-716
61-8-716 Careless driving -- penalty
Status: in_force

61-8-716 . Careless driving -- penalty. (1) A person who violates the provisions of 61-8-302 is guilty of the offense of careless driving and, except as provided in subsection (2), is punishable as provided in 61-8-711 .

(2) A person whose violation of the provisions of 61-8-302 results in the death or serious bodily injury of another person shall be punished by a fine in an amount not exceeding $5,000, by incarceration for a term not to exceed 6 months, or both.
Mont. Code Ann. § 61-4-150 — MT Code / Title 61 / Chapter 4 / Part 1 / Section 61-4-150
61-4-150 Sale, transfer, or exchange of dealership -- notice -- response to notice
Status: in_force

61-4-150 . Sale, transfer, or exchange of dealership -- notice -- response to notice. (1) A manufacturer of new motor vehicles, a factory branch, a distributor, a distributor branch, an importer, a field representative, an officer, an agent, or any representative of the persons or entities listed in this subsection may not unreasonably withhold consent to the sale, transfer, or exchange of a franchise to a qualified buyer capable of being licensed as a new motor vehicle dealer in this state who meets the state's statutory requirements for appointment as a dealer.

(2) (a) A manufacturer or distributor shall respond to a dealer in writing within 60 days of receipt of the dealer's request, delivered by certified mail to the manufacturer or distributor, for consent to the sale, transfer, or exchange of the dealer's franchise submitted by the dealer to the manufacturer or distributor pursuant to the provisions of subsection (1).

(b) The manufacturer shall acknowledge, in writing delivered by certified mail to the dealer and the buyer designated in the dealer's request for consent, receipt of the request. Failure to respond within the 60-day period established in subsection (2)(a) is approval of the request.

(c) If the manufacturer or distributor requires additional information to complete its review, the manufacturer or distributor shall notify the buyer in writing delivered by certified mail within 15 business days of receipt of the dealer's request. If the manufacturer or distributor requests additional information, the 60-day time period for approval runs from the time of the receipt of the requested supplemental information. The manufacturer or dealer may request additional information only one time.
Mont. Code Ann. § 61-8-107 — MT Code / Title 61 / Chapter 8 / Part 1 / Section 61-8-107
61-8-107 Police vehicles and authorized emergency vehicles
Status: in_force

61-8-107 . Police vehicles and authorized emergency vehicles. (1) The driver of a police vehicle or authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions in this section.

(2) The driver of a police vehicle or authorized emergency vehicle may:

(a) park or stand, irrespective of the provisions of this chapter;

(b) proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;

(c) exceed the speed limits as long as the driver does not endanger life or property;

(d) disregard regulations governing direction of movement or turning in specified directions.

(3) The exemptions granted to a police vehicle or authorized emergency vehicle apply only when the vehicle is making use of an audible or visual signal, or both, meeting the requirements of 61-9-402 .

(4) The provisions of this section do not relieve the driver of a police vehicle or authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, and the provisions do not protect the driver from the consequences of the driver's reckless disregard for the safety of others.
Mont. Code Ann. § 61-9-304 — MT Code / Title 61 / Chapter 9 / Part 3 / Section 61-9-304
61-9-304 Brakes required on all wheels -- exceptions
Status: in_force

61-9-304 . Brakes required on all wheels -- exceptions. Every vehicle must be equipped with brakes acting on all wheels except:

(1) trailers, semitrailers, pole trailers of a gross weight not exceeding 3,000 pounds, provided that:

(a) the total weight on and including the wheels of the trailer or trailers may not exceed 40% of the gross weight of the towing vehicle when connected to the trailer or trailers; and

(b) the combination of vehicles consisting of the towing vehicle and its total towed load is capable of complying with the performance requirements of 61-9-312 ;

(2) any vehicle being towed in driveaway or towaway operations, provided the combination of vehicles is capable of complying with the performance requirements of 61-9-312 ;

(3) trucks and truck tractors having three or more axles need not have brakes on the front wheels, if the vehicle was manufactured before July 25, 1980. However, the trucks and truck tractors must be capable of complying with the performance requirements of 61-9-312 .

(4) special mobile equipment;

(5) the wheel of a sidecar attached to a motorcycle or to a motor-driven cycle, or the front wheel of a motor-driven cycle need not be equipped with brakes. However, a quadricycle, motorcycle, or motor-driven cycle must be capable of complying with the performance requirements of 61-9-312 .
Mont. Code Ann. § 61-11-204 — MT Code / Title 61 / Chapter 11 / Part 2 / Section 61-11-204
61-11-204 Department's duties
Status: in_force

61-11-204 . Department's duties. (1) If the records maintained by the department show that a person's driving record brings the person within the definition of a habitual traffic offender, the department shall:

(a) declare the person a habitual traffic offender;

(b) revoke the person's driver's license or driving privileges as provided in 61-11-211 ; and

(c) notify the person in writing of the declaration and revocation.

(2) The notice must be sent by first-class mail to the most current address on record with the department. The notice must include a record of the convictions and bond forfeitures upon which the habitual traffic offender designation was based. The notice must inform the person of the right under 61-11-210 to appeal the declaration and revocation. Service of the notice is complete upon mailing.
Mont. Code Ann. § 61-8-608 — MT Code / Title 61 / Chapter 8 / Part 6 / Section 61-8-608
61-8-608 Bicycles, mopeds, or motorized scooters on sidewalks and bike lanes
Status: in_force

61-8-608 . Bicycles, mopeds, or motorized scooters on sidewalks and bike lanes. (1) Subject to the provisions of subsection (3)(b), a person operating a bicycle, moped, or motorized scooter on and along a sidewalk or across a roadway on and along a crosswalk shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing any pedestrian.

(2) A person may not ride a bicycle, moped, or motorized scooter on and along a sidewalk or across a roadway on and along a crosswalk where the use of a bicycle, moped, or motorized scooter is prohibited by official traffic control devices.

(3) (a) Except as provided in subsections (1) and (2), a person operating a vehicle by human power on and along a sidewalk or across a roadway on and along a crosswalk has all the rights and duties applicable to a pedestrian under the same circumstances.

(b) A moped or motorized scooter may be operated on and along a sidewalk or a bicycle path only under human propulsion and may not be operated on or along a sidewalk or bicycle path if the moped or motorized scooter is under power from an independent power source.

(c) A moped or motorized scooter may be operated under human propulsion or an independent power source on a highway, in a designated bicycle lane on a highway, or on the shoulder of a highway.
Mont. Code Ann. § 61-9-515 — MT Code / Title 61 / Chapter 9 / Part 5 / Section 61-9-515
61-9-515 Violations of provisions relating to fenders, splash aprons, or flaps -- penalty
Status: in_force

61-9-515 . Violations of provisions relating to fenders, splash aprons, or flaps -- penalty. Any person violating any of the provisions of 61-9-407 is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $10 or more than $25.
Mont. Code Ann. § 61-8-702 — MT Code / Title 61 / Chapter 8 / Part 7 / Section 61-8-702
61-8-702 Use of radar -- evidence admissible
Status: in_force

61-8-702 . Use of radar -- evidence admissible. The speed of any motor vehicle may be measured by the use of radio microwaves or other electrical device. The results of such measurements shall be accepted as evidence of the speed of such motor vehicle in any court or legal proceedings where the speed of the motor vehicle is at issue.
Mont. Code Ann. § 61-10-102 — MT Code / Title 61 / Chapter 10 / Part 1 / Section 61-10-102
61-10-102 Width -- definitions
Status: in_force

61-10-102 . Width -- definitions. (1) Except as provided in subsections (2) and (3), a vehicle, including a bus, unloaded or with load, may not have a total outside width in excess of 102 inches. This width for buses is allowed only on paved highways 20 feet or more in width.

(2) (a) Subsection (1) does not apply to an implement of husbandry or a vehicle used for hauling hay that is moved or propelled upon the highway during daylight hours for a distance of not more than 100 miles if the movement is incidental to the farming operations of the owner of the implement of husbandry or the vehicle used for hauling hay. If the implement or vehicle is more than 12 1/2 feet wide, it must be preceded by flag vehicle escorts to warn other highway users. This restriction does not apply to dual-wheel tractors under 15 feet overall width that are used in farming operations or to movement on a county road within 100 miles of the farming operation of the owner of an implement of husbandry or a vehicle used for hauling hay. Lights that meet the requirements of 61-9-219 (4) must be displayed on the rear of the implement of husbandry or vehicle used for hauling hay. However, if the highway passes through a hazardous area, the implements or vehicles must be preceded and followed by flag vehicle escorts unless the movement of the implements or vehicles is restricted to a county road within 100 miles of the farming operation of the owner.

(b) An implement of husbandry or a vehicle used for hauling hay that exceeds 16 1/2 feet in width and that is traveling on an interstate or a four-lane highway must be followed by a flag vehicle escort.

(c) A commercial vehicle that is hauling hay but does not qualify under subsection (2)(a) may be granted a permit subject to the provisions of 61-10-121 through 61-10-127 .

(d) Subsection (1) does not apply to a commercial hay grinder moved or propelled upon the highway during daylight hours for a distance of not more than 100 miles if the movement is incidental to operations of the commercial hay grinder. A commercial hay grinder exceeding 102 inches in width must have a permit issued under 61-10-124 . If the commercial hay grinder is more than 12 1/2 feet wide, it must be preceded by flag vehicle escorts to warn other highway users. Lights that meet the requirements of 61-9-219 (4) must be displayed on the rear of the commercial hay grinder. Movement of a commercial hay grinder that does not exceed 138 inches in width may occur on any day of the week, including holidays, and is restricted to movement during daylight hours. Movement of a commercial hay grinder may not exceed the posted speed limit, including the speed limit on an interstate highway.

(3) The width of a recreational vehicle and a camper that is being operated for noncommercial purposes may exceed 102 inches if:

(a) the excess width is attributable to recreational vehicle or camper appurtenances that do not extend beyond the exterior rearview mirrors of the recreational vehicle, the camper, a vehicle being towed by the recreational vehicle, or the motor vehicle providing motive power; and

(b) the rearview mirrors extend only the distance necessary to provide the appropriate field of view for the vehicle before the recreational vehicle or camper appurtenances are attached.

(4) A safety device that the department determines by rule adopted pursuant to 61-9-504 to be necessary for safe and efficient operation of motor vehicles is not included in the calculation of width provided in subsection (1).

(5) Except as provided in subsections (2)(a) and (2)(b), a rear flag vehicle escort is not required for a vehicle that exceeds 12 1/2 feet in width, that is hauling or towing an implement of husbandry, construction equipment, or forestry equipment, and that is operating under this section or as authorized by special permit issued under 61-10-121 through 61-10-125 if the vehicle is operating at highway speed or with the flow of traffic.

(6) As used in this section, the following definitions apply:

(a) "Construction equipment" means any vehicle, machine, or attachment designed or adapted for and used in construction, heavy construction, highway construction, and remodeling work.

(b) "Flag vehicle" means a vehicle equipped as required by law or by department of transportation rule to warn or guide vehicular traffic. When not being operated as a flag vehicle, signs must be removed.

(c) "Recreational vehicle or camper appurtenances" means an awning and its support hardware or any appendage that is intended to be an integral part of the recreational vehicle or camper and that is installed by the manufacturer or dealer.
Mont. Code Ann. § 61-3-719 — MT Code / Title 61 / Chapter 3 / Part 7 / Section 61-3-719
61-3-719 Automatic reciprocity
Status: in_force

61-3-719 . Automatic reciprocity. If an agreement, arrangement, or declaration is not in effect with respect to another jurisdiction as authorized by 61-3-711 through 61-3-733 , any motor vehicle, trailer, semitrailer, or pole trailer properly registered or licensed in another jurisdiction and for which evidence of compliance is supplied must receive, when operated in this state, the same exemptions, benefits, and privileges granted by the other jurisdictions to motor vehicles, trailers, semitrailers, or pole trailers properly registered in this state. Reciprocity extended under this section applies to commercial motor vehicles, trailers, semitrailers, or pole trailers only when engaged exclusively in interstate commerce.
Mont. Code Ann. § 61-5-122 — MT Code / Title 61 / Chapter 5 / Part 1 / Section 61-5-122
61-5-122 Low-speed restricted driver's license
Status: in_force

61-5-122 . Low-speed restricted driver's license. (1) The department may issue a low-speed restricted driver's license to a person who is physically or otherwise impaired in a manner and degree that prevent the person from safely operating a motor vehicle across the range of speeds permitted or required on a public highway.

(2) (a) To qualify for a low-speed restricted driver's license, an applicant shall submit to the department a medical evaluation or statement from a treating physician that attests to the person's impairment and resulting inability to safely operate a motor vehicle across the range of speeds permitted or required on a public highway.

(b) The applicant must be otherwise qualified for a driver's license under this chapter and shall apply for a driver's license under 61-5-107 , pay the fees required in 61-5-111 , and pass the vision test, the knowledge test, and the road test required under 61-5-110 . The road test must be modified to conform to the operational limitations of the vehicle.

(3) The department may issue a low-speed restricted learner license, valid for 30 days from the date of issuance, to a person who qualifies for a low-speed restricted driver's license under this section and who passes the vision test and knowledge test required in 61-5-110 . A licensee may operate a low-speed electric vehicle or golf cart pursuant to 61-8-378 while in the immediate possession of the license and accompanied by a licensed driver seated beside the licensee.
Mont. Code Ann. § 61-8-603 — MT Code / Title 61 / Chapter 8 / Part 6 / Section 61-8-603
61-8-603 Riding on bicycles, mopeds, or motorized scooters
Status: in_force

61-8-603 . Riding on bicycles, mopeds, or motorized scooters. A person propelling a bicycle or moped may ride only on or astride a permanent and regular seat attached to the bicycle or moped. This requirement does not apply to a motorized scooter.
Mont. Code Ann. § 61-3-212 — MT Code / Title 61 / Chapter 3 / Part 2 / Section 61-3-212
61-3-212 Retitling salvage vehicles -- penalty
Status: in_force

61-3-212 . Retitling salvage vehicles -- penalty. (1) Prior to operating a salvage vehicle on the roads and highways of this state, the owner shall present the motor vehicle and the salvage certificate, if one has been issued, or the certificate of title, the appropriate receipts or bills of sale establishing ownership, and the source of component parts used to rebuild the motor vehicle to a department employee or designated peace officer for inspection, as provided in 61-3-223 . An owner may obtain a temporary registration permit under 61-3-224 for the purpose of moving a salvage vehicle to and from the designated inspection site.

(2) (a) The inspector shall inspect the motor vehicle to verify the identity of the motor vehicle.

(b) The inspector shall verify that the component parts used to rebuild the motor vehicle are evidenced by traceable receipts or bills of sale and that there are no indications that the motor vehicle or any of its parts are stolen. Documentation provided by the owner or employee of a wrecking facility licensed under the provisions of Title 75, chapter 10, part 5, is prima facie evidence of the facts stated in the documentation.

(3) Following inspection and prior to operating the motor vehicle on the roads and highways of this state, the owner shall apply for a new certificate of title by submitting the application, the salvage certificate, receipts or bills of sale, and a copy of the inspection report to the department.

(4) Upon receipt of the application, required documentation, and payment of the fee required in 61-3-203 , the department shall issue a new certificate of title with the words "rebuilt salvage" on the face of the certificate of title.

(5) A person failing to comply with the provisions of this part is guilty of a misdemeanor and upon conviction shall be fined an amount not to exceed $500. The salvage vehicle purchaser shall produce the salvage certificate upon request of a public official legally entitled to request the certificate. A person may not operate or use a salvage vehicle on the roads or highways of this state except when a temporary registration permit has been issued as provided in subsection (1).
Mont. Code Ann. § 61-4-301 — MT Code / Title 61 / Chapter 4 / Part 3 / Section 61-4-301
61-4-301 Permit and transit plates for new motor vehicles being transported by driveaway or towaway methods -- used mobile homes
Status: in_force

61-4-301 . Permit and transit plates for new motor vehicles being transported by driveaway or towaway methods -- used mobile homes. (1) (a) A person, firm, partnership, or corporation, regularly and lawfully engaged in the transportation of new motor vehicles over the highways of this state from manufacturing or assembly points to agents of manufacturers and dealers in this state or in other states, territories, or foreign countries or provinces by the driveaway or towaway methods, when the motor vehicles being driven, towed, or transported by the saddle-mount, towbar, or full-mount methods, or a lawful combination of these methods, will be transported over the highways of the state only once, may annually apply to the department of justice for a permit to use the highways of this state and shall pay, upon filing the application, a fee of $100. Upon processing of the application, that department shall issue an annual permit to the applicant.

(b) A person moving used mobile homes from a point outside the state to a point inside the state may apply to the department for the permit authorized pursuant to subsection (1)(a).

(2) (a) The permitholder may also apply to the department of justice for five sets of transit plates showing the permit number for identification of the motor vehicles being transported by the permitholder, and the plates or devices may be used on a motor vehicle being driven, towed, or transported by and under the control of the permitholder. The department shall collect the additional sum of $10 for each set of transit plates or devices applied for and issued.

(b) A permitholder may apply for and receive more than five sets of transit plates in a calendar year if the permitholder can demonstrate, to the satisfaction of the department, that additional sets of plates are needed based on the number of trip fees reported in Montana in the previous calendar year. The department shall collect $10 for each additional set of transit plates issued.

(3) The department shall retain the permit and plate fees to defray costs of administering 61-4-301 through 61-4-308 .

(4) The permit and transit plates or devices expire when the dealer plate expires.
Mont. Code Ann. § 61-7-109 — MT Code / Title 61 / Chapter 7 / Part 1 / Section 61-7-109
61-7-109 Written reports of accidents -- additional information -- form of report
Status: in_force

61-7-109 . Written reports of accidents -- additional information -- form of report. (1) The operator of a motor vehicle that is in any manner involved in an accident within this state in which a person is killed or injured or in which damage to the property of a person in excess of $1,000 is sustained shall, within 10 days after the accident, report the matter in writing to the department unless the accident was investigated and reported by a law enforcement officer as provided in subsection (3).

(2) The department may require the driver of a vehicle involved in an accident of which report must be made as provided in this section to file supplemental reports whenever the original report is insufficient and may require witnesses of accidents to render reports.

(3) A law enforcement officer who in the regular course of duty investigates a motor vehicle accident in which a person is killed or injured or in which damage to the property of a person exceeds $1,000, either at the time of and at the scene of the accident or after the accident by interviewing participants or witnesses, shall within 10 days after completing the investigation forward a written report of the accident to the department.

(4) The form of the accident report required under this section must contain information sufficient to enable the department to determine whether the requirements for the deposit of security for safety responsibility are inapplicable by reason of the existence of insurance or other exemptions specified in chapter 6 of this title.

(5) A report required by subsection (1) or (2) may not be used as evidence in any trial, civil or criminal, arising out of an accident.
Mont. Code Ann. § 61-8-602 — MT Code / Title 61 / Chapter 8 / Part 6 / Section 61-8-602
61-8-602 Traffic laws applicable to persons operating bicycles, mopeds, or motorized scooters
Status: in_force

61-8-602 . Traffic laws applicable to persons operating bicycles, mopeds, or motorized scooters. A person operating a bicycle, moped, or motorized scooter is granted all of the rights and is subject to all of the duties applicable to the driver of any other vehicle by chapter 7, chapter 9, and this chapter except for special regulations in this part or the provisions of chapter 7, chapter 9, and this chapter that by their nature cannot apply.
Mont. Code Ann. § 61-12-407 — MT Code / Title 61 / Chapter 12 / Part 4 / Section 61-12-407
61-12-407 Transmitting return of sale and balance of proceeds
Status: in_force

61-12-407 . Transmitting return of sale and balance of proceeds. (1) When any vehicle is sold as provided in 61-12-404 , the sheriff or the city police shall transmit to the department and to the county treasurer or to the city treasurer, respectively, a return of sale setting forth a description of the vehicle, the purchase price, the name and address of the purchaser, the costs incurred in the sale, and the costs and expenses incurred in the removal, storage, and custody of the vehicle.

(2) With the return of sale, the sheriff shall transmit to the county treasurer or the city police shall transmit to the city treasurer the balance of the proceeds of the sale after deducting the costs incurred in the sale and the costs and expenses incurred in the removal, storage, and custody of the vehicle.

(3) Upon receipt of the return of sale and the balance from:

(a) the county sheriff, the county treasurer shall file the return in the treasurer's office and deposit the balance in the county road fund on all vehicles seized by the sheriff or highway patrol; or

(b) the city police, the city treasurer shall file the return in the treasurer's office and deposit the balance in the city street fund on all vehicles seized by the city police.
Mont. Code Ann. § 61-3-736 — MT Code / Title 61 / Chapter 3 / Part 7 / Section 61-3-736
61-3-736 Assessment of proportionally registered interstate motor vehicle fleets -- payment of fees required for registration
Status: in_force

61-3-736 . Assessment of proportionally registered interstate motor vehicle fleets -- payment of fees required for registration. (1) (a) The department of transportation shall determine the fee for the purpose of imposing the fee in lieu of tax as provided in 61-3-529 on buses, trucks having a manufacturer's rated capacity of more than 1 ton, and truck tractors and the light vehicle registration fee under 61-3-321 (2) on light vehicles in interstate motor vehicle fleets that are proportionally registered under the provisions of 61-3-711 through 61-3-733 . The fee must be apportioned on the ratio of total miles traveled to in-state miles traveled as prescribed by 61-3-721 . The fee in lieu of tax or registration fee on interstate motor vehicle, trailer, semitrailer, or pole trailer fleets is imposed upon application for proportional registration and must be paid by the persons who own or claim the fleet or in whose possession or control the fleet is at the time of the application.

(b) With respect to an original application for a fleet that has a situs in Montana for the purpose of the fee in lieu of tax or registration fee under this part or any other provision of the laws of Montana, the fee in lieu of tax or registration fee on fleet motor vehicles, trailers, semitrailers, or pole trailers must be prorated according to the ratio that the remaining number of months in the year bears to the total number of months in the year.

(c) Motor vehicles subject to the light vehicle registration fee as part of a fleet under this subsection (1) are not subject to the local option motor vehicle tax or flat fee imposed under 61-3-537 or 61-3-570 .

(2) With respect to a renewal application for a fleet, the fee in lieu of tax and the light vehicle registration fee are imposed for a full year. The department of transportation shall prorate the new fee in lieu of tax in 61-3-529 for motor vehicles, trailers, semitrailers, or pole trailers that are proportionally registered, as provided in 61-3-721 , and whose annual registration period does not coincide with the calendar year.

(3) Motor vehicles, trailers, semitrailers, or pole trailers contained in a fleet for which current fees have been assessed and paid may not be assessed or charged fees under this section upon presentation to the department of proof of payment of fees for the current registration year. The payment of fleet motor vehicle, trailer, semitrailer, or pole trailer fees in lieu of tax, light vehicle registration fees, and license fees is a condition precedent to proportional registration or reregistration of an interstate motor vehicle, trailer, semitrailer, or pole trailer fleet.

(4) All fees collected on motor vehicle, trailer, semitrailer, or pole trailer fleets under this chapter must be deposited and distributed as provided in 61-3-738 .
Mont. Code Ann. § 61-8-1031 — MT Code / Title 61 / Chapter 8 / Part 10 / Section 61-8-1031
61-8-1031 Suspension of imprisonment sentence for DUI court participation
Status: in_force

61-8-1031 . Suspension of imprisonment sentence for DUI court participation. (1) If a person participates in a DUI court, the court may, at the court's discretion, suspend all or a portion of an imprisonment sentence under 61-8-1007 , except for the mandatory minimum imprisonment term.

(2) If a person participating in a DUI court fails to comply with the conditions imposed by the DUI court, the court shall revoke the suspended imprisonment sentence and any sentence subsequently imposed must commence from the effective date of the revocation.
Mont. Code Ann. § 61-3-345 — MT Code / Title 61 / Chapter 3 / Part 3 / Section 61-3-345
61-3-345 Motor vehicle computer system
Status: in_force

61-3-345 . Motor vehicle computer system. The department shall maintain a statewide online computer system to be used to title and register motor vehicles, trailers, semitrailers, pole trailers, campers, motorboats, personal watercraft, sailboats, snowmobiles, and off-highway vehicles.
Mont. Code Ann. § 61-9-102 — MT Code / Title 61 / Chapter 9 / Part 1 / Section 61-9-102
61-9-102 Uniformity of interpretation -- definitions
Status: in_force

61-9-102 . Uniformity of interpretation -- definitions. (1) This chapter must be interpreted and construed in order to effectuate its general purpose to make uniform the law of those states which enact it.

(2) As used in this chapter, unless the context requires otherwise, the following definitions apply:

(a) "Authorized emergency vehicle" has the meaning provided in 61-8-102 .

(b) "Emergency service vehicle" means an emergency service vehicle of a state, county, or municipal department or a public service vehicle, commercial tow truck, or commercial road service truck, which by the nature of its operation causes a vehicular traffic hazard.

(c) "Explosives" means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and that contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture may cause a sudden generation of highly heated gases so that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb.

(d) "Farm tractor" means a motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry.

(e) "Police vehicle" has the meaning as provided in 61-8-102 .

(f) "Right-of-way" has the meaning provided in 61-8-102 .
Mont. Code Ann. § 61-8-325 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-325
61-8-325 Limitations on overtaking on the left
Status: in_force

61-8-325 . Limitations on overtaking on the left. (1) A vehicle may not be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless the left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit the overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken.

(2) A vehicle may not be driven to the left side of the roadway under the following conditions:

(a) when approaching the crest of a grade or upon a curve in the highway where the driver's view is obstructed within a distance that creates a hazard in the event that another vehicle might approach from the opposite direction;

(b) when approaching within 100 feet of or traversing any intersection or railroad grade crossing, unless otherwise indicated by an official traffic control device; or

(c) when the view is obstructed upon approaching within 100 feet of any bridge, viaduct, or tunnel.

(3) The limitations provided in this section do not apply upon a one-way roadway.
Mont. Code Ann. § 61-4-109 — MT Code / Title 61 / Chapter 4 / Part 1 / Section 61-4-109
61-4-109 Privileges incident to license -- withdrawal upon certain conditions
Status: in_force

61-4-109 . Privileges incident to license -- withdrawal upon certain conditions. (1) The privileges of a dealer licensed under the provisions of this part to use and display a set of dealer plates or a demonstrator plate on a motor vehicle or trailer held for sale by the dealer, to use and display an identification card on a power sports vehicle held for sale, and to issue a temporary registration permit, under the authority of 61-4-111 or 61-4-112 , upon the sale of a motor vehicle, a power sports vehicle, or a trailer by the dealer are specifically conditioned on the dealer's satisfaction of the bond requirements of 61-4-101 and the general liability insurance coverage requirements of 61-4-123 , without interruption or lapse.

(2) If the department is notified or determines that a dealer's bond or general liability insurance has lapsed or been canceled, all dealer plates, demonstrator plates, and identification cards issued to the dealer are subject to immediate confiscation and the dealer's authority, as an authorized agent, to issue temporary registration permits is subject to immediate withdrawal, upon demand, by the department or by a compliance specialist on behalf of the department. The dealer plates, demonstrator plates, and identification cards may not be returned to the dealer until the bond and general liability insurance requirements have been satisfied.

(3) A dealer whose privileges are withdrawn under this section may otherwise engage in the dealer's business operations during the period of withdrawal.

(4) If the lapse of bond or general liability insurance is not corrected within 30 days, the department may initiate administrative action to suspend or revoke the dealer's license under 61-4-105 (2).
Mont. Code Ann. § 61-9-406 — MT Code / Title 61 / Chapter 9 / Part 4 / Section 61-9-406
61-9-406 Restrictions as to tire equipment -- particular tires, chains, or traction devices -- definitions
Status: in_force

61-9-406 . Restrictions as to tire equipment -- particular tires, chains, or traction devices -- definitions. (1) A solid rubber tire on a vehicle must have rubber on its entire traction surface at least 1 inch thick above the edge of the flange of the entire periphery.

(2) A person may not operate or move on a highway a motor vehicle, trailer, or semitrailer having a metal tire in contact with the roadway.

(3) A tire on a vehicle moved on a highway may not have on its periphery a block, stud, flange, cleat, spike, or other protuberance of a material other than rubber that projects beyond the tread of the traction surface of the tire, except that it is permissible to use farm machinery with tires having protuberances that will not injure the highway. It is also permissible to use tire chains of reasonable proportions or pneumatic tires, the traction surfaces of which have been embedded with material, such as wood, wire, plastic or metal, that may not protrude more than one-sixteenth of an inch beyond the tire tread or that are clearly marked by the manufacturer on the sidewall "all season m&s" (or "all season mud and snow"), upon a vehicle when required for safety because of snow, ice, or other conditions tending to cause a vehicle to skid. Except as provided in subsection (4), the use of pneumatic tires embedded as provided in this section is permitted only between October 1 and May 31 of each year, except that one of those tires may be used for a spare in case of tire failure. School buses equipped with such embedded pneumatic tires may operate from August 15 through the following June 15.

(4) Pneumatic tires that feature an embedded block, stud, flange, cleat, spike, or other protuberance that is retractable may be used at any time of the year. However, the protuberance may not be engaged or extended other than between October 1 and May 31 of each year on roads that do not contain ice or snow.

(5) The department of transportation and local authorities, as defined in 61-8-102 , in their respective jurisdictions may in their discretion issue special permits authorizing the operation upon a highway of farm tractors or other farm machinery or of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of the movable tracks, the operation of which upon the highway would otherwise be prohibited under this section.

(6) The department of transportation may determine at any time that dangerous or unsafe conditions on a highway require particular tires, tire chains, or traction devices for vehicles in addition to or beyond the ordinary pneumatic rubber tires.

(7) The department of transportation shall place and maintain signs and other traffic control devices on a highway designated under subsection (6) that indicate the tire, tire chain, or traction device requirement determined for vehicles. The signs or traffic control devices may not prohibit the use of pneumatic tires embedded as provided in subsection (3) between October 1 and May 31 of each year, but when the department of transportation determines that chains are required and that no other traction devices will suffice, the requirement is applicable to tires on driver wheels of one axle, as defined in 61-10-104 , of a vehicle, including embedded tires. The signs or traffic control devices may differentiate in requirements for four-wheel-drive vehicles in gear.

(8) A violation of subsection (6) or (7) is subject to the penalties provided in 61-9-520 .

(9) As used in this section:

(a) "metal tire" means a tire the surface of which in contact with the highway is wholly or partly metal or other hard, nonresilient material; and

(b) "pneumatic tire" means a tire in which compressed air or nitrogen is designed to support the load.
Mont. Code Ann. § 61-9-418 — MT Code / Title 61 / Chapter 9 / Part 4 / Section 61-9-418
61-9-418 Motorcycle and quadricycle noise suppression devices -- motorcycle and quadricycle spark arrester
Status: in_force

61-9-418 . Motorcycle and quadricycle noise suppression devices -- motorcycle and quadricycle spark arrester. (1) All motorcycles or quadricycles operated on the streets and highways of this state must be equipped at all times with noise suppression devices, including an exhaust muffler, in good working order and in constant operation. In addition, all motorcycles and quadricycles operating on streets and highways must meet the following noise decibel limitations, on the standard A scale, to be measured at 50 feet from the closest point to the motorcycle or quadricycle:

(a) any cycle manufactured prior to 1970 92 db(A)

(b) any cycle manufactured after 1969 but prior to 1973 88 db(A)

(c) any cycle manufactured after 1972 but prior to 1975 86 db(A)

(d) any cycle manufactured after 1974 but prior to 1978 80 db(A)

(e) any cycle manufactured after 1977 but prior to 1988 75 db(A)

(f) any cycle manufactured after 1987 70 db(A)

(2) (a) Except as provided in subsection (2)(b), a motorcycle or quadricycle may be operated off of a highway on public lands only if the motorcycle's or quadricycle's noise emissions do not exceed 96 db(A), using test procedures established by the society of automotive engineers under standard J-1287.

(b) The noise limitations in subsection (2)(a) do not apply to motorcycles or quadricycles that are operated for special events permitted on closed courses by a state entity or local government.

(c) A motorcycle or quadricycle may not be operated off of a highway unless it is equipped with an adequate spark arrester to prevent the escape of sparks or other burning material from the motorcycle's or quadricycle's engine.
Mont. Code Ann. § 61-3-507 — MT Code / Title 61 / Chapter 3 / Part 5 / Section 61-3-507
61-3-507 Exemption
Status: in_force

61-3-507 . Exemption. A motor vehicle, trailer, semitrailer, or pole trailer that is exempt from taxation and registration fees under 15-6-215 or subject to the provisions of 61-3-520 is exempt from all other taxes and fees generally imposed on a motor vehicle, trailer, semitrailer, or pole trailer by this part.
Mont. Code Ann. § 61-6-402 — MT Code / Title 61 / Chapter 6 / Part 4 / Section 61-6-402
61-6-402 Purpose
Status: in_force

61-6-402 . Purpose. The purpose of this part is to allow the use of a vehicle with an automated driving system on the public highways of this state in a way that:

(1) is safe for the traveling public;

(2) creates long-term predictability for individuals and businesses;

(3) recognizes that this state may have more challenging and variable driving conditions than other states; and

(4) integrates as closely as possible with existing state law related to motor vehicles.
Mont. Code Ann. § 61-9-106 — MT Code / Title 61 / Chapter 9 / Part 1 / Section 61-9-106
61-9-106 Responsibility of public officers and employees
Status: in_force

61-9-106 . Responsibility of public officers and employees. (1) The provisions of this chapter applicable to the drivers of vehicles upon the highways shall apply to the drivers of all vehicles owned or operated by the United States, this state, or any county, city, or town, district, or any other political subdivision of the state, except as provided in this section and subject to such specific exceptions as are set forth in this chapter with reference to authorized emergency vehicles.

(2) Unless specifically made applicable, the provisions of this chapter except those contained in part 5 of chapter 8 shall not apply to persons, teams, motor vehicles, and other equipment while actually engaged in work upon the surface of a highway but shall apply to such persons and vehicles when traveling to or from such work.
Mont. Code Ann. § 61-9-217 — MT Code / Title 61 / Chapter 9 / Part 2 / Section 61-9-217
61-9-217 Spot lamps, fog lamps, and auxiliary lamps
Status: in_force

61-9-217 . Spot lamps, fog lamps, and auxiliary lamps. (1) A motor vehicle may not be equipped with more than two spot lamps and a lighted spot lamp must be turned off upon approaching another moving vehicle from either direction.

(2) A motor vehicle may not be equipped with more than two fog lamps that provide a low, wide-angle light pattern to increase short-range visibility. Fog lamps must be mounted on the front at a height not more than 30 inches above the level surface upon which the vehicle stands and so aimed that when the vehicle is not loaded none of the high-intensity portion of the light to the left of the center of the vehicle at a distance of 25 feet ahead projects higher than a level of 4 inches below the level of the center of the lamp from which it comes. Lighted fog lamps meeting the requirements of this subsection may be used with lower headlamp beams as specified in 61-9-220 (2). A fog lamp may not be used as a substitute for headlamps.

(3) A motor vehicle may not be equipped with more than two auxiliary driving lamps that produce a long-range, pencil-shaped light pattern and that are used to supplement the upper beams of headlamps. Auxiliary driving lamps must be mounted on the front at a height not less than 16 inches or more than 42 inches above the level surface upon which the vehicle stands. The provisions of 61-9-220 apply to a combination of headlamps and auxiliary driving lamps. An auxiliary driving lamp may not be used as a substitute for headlamps or lighted at any time the headlamps are required to be on in the low-beam position.

(4) An auxiliary off-road lamp mounted more than 42 inches above the level surface upon which the vehicle stands may not be lighted while the vehicle is operated or parked on a highway.
Mont. Code Ann. § 61-10-106 — MT Code / Title 61 / Chapter 10 / Part 1 / Section 61-10-106
61-10-106 Measuring distance between axles
Status: in_force

61-10-106 . Measuring distance between axles. The distance between axles shall be measured to the nearest foot. When a fractional measurement is exactly one-half foot, the next larger whole number shall be used.
Mont. Code Ann. § 61-3-405 — MT Code / Title 61 / Chapter 3 / Part 4 / Section 61-3-405
61-3-405 Application for personalized plates
Status: in_force

61-3-405 . Application for personalized plates. An applicant for personalized license plates shall file an application in the form and by the date the department requires indicating the combination of letters or numbers, or both, requested as a registration number. There may not be a duplication of registration numbers, and the department may refuse to issue any combination of letters or numbers, or both, that may carry connotations offensive to good taste and decency or that are misleading or a duplication of license plates provided for elsewhere in this title.
Mont. Code Ann. § 61-4-511 — MT Code / Title 61 / Chapter 4 / Part 5 / Section 61-4-511
61-4-511 Manufacturer's dispute settlement procedure -- certification -- prohibited contents
Status: in_force

61-4-511 . Manufacturer's dispute settlement procedure -- certification -- prohibited contents. (1) A manufacturer who has established an informal dispute settlement procedure under the provisions of Title 16, Code of Federal Regulations, part 703, shall submit a copy of the procedure to the department. The department shall issue a certificate of approval to a manufacturer whose procedure complies in all respects with the federal regulations and subsection (2) and shall maintain a record of the manufacturer's procedures certified. The department may issue subpoenas requiring the attendance of witnesses and the production of records, documents, or other evidence necessary to the department in an investigation related to the certification of a manufacturer's informal dispute settlement procedure.

(2) A manufacturer's informal dispute settlement procedure must afford the consumer or the consumer's representative an opportunity to appear and present evidence in Montana at a location reasonably convenient to the consumer and, further, may not include any practices that:

(a) delay a decision in any dispute beyond 60 days after the date on which the consumer initially resorts to the dispute settlement procedure;

(b) delay performance of remedies awarded in a settlement beyond 10 days after a decision, except that a manufacturer may have 30 days following the date of decision to replace a motor vehicle or make refund to the consumer as provided in 61-4-503 ;

(c) require the consumer to make the motor vehicle available for inspection by a manufacturer's representative more than once;

(d) fail to consider in decisions any remedies provided by this part; or

(e) require the consumer to take any action or assume any obligation not specifically authorized under the federal regulations referred to in subsection (1).
Mont. Code Ann. § 61-3-714 — MT Code / Title 61 / Chapter 3 / Part 7 / Section 61-3-714
61-3-714 Authority for reciprocity agreements, provisions, reciprocity standards
Status: in_force

61-3-714 . Authority for reciprocity agreements, provisions, reciprocity standards. The department of transportation may enter into an agreement or arrangement with the duly authorized representatives of other jurisdictions, granting to motor vehicles, trailers, semitrailers, or pole trailers or to owners of motor vehicles, trailers, semitrailers, or pole trailers that are properly registered or licensed in those jurisdictions and for which evidence of compliance is supplied, benefits, privileges, and exemptions from payment, wholly or partially, of any taxes, fees, or other charges imposed upon those motor vehicles, trailers, semitrailers, or pole trailers or owners with respect to the operation or ownership of the motor vehicles, trailers, semitrailers, or pole trailers under the laws of this state. The agreement or arrangement must provide that vehicles properly registered or licensed in this state, when operated upon highways of those other jurisdictions, must receive exemptions, benefits, and privileges of a similar kind or to a similar degree as are extended to motor vehicles, trailers, semitrailers, or pole trailers properly registered or licensed in the jurisdiction when operated in this state. The agreement or arrangement must, in the judgment of the department, be in the best interests and fair and equitable to this state and its citizens determined on the basis and recognition of the benefits that accrue to the economy of this state from the uninterrupted flow of commerce.
Mont. Code Ann. § 61-8-364 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-364
61-8-364 Crossing firehose
Status: in_force

61-8-364 . Crossing firehose. A vehicle may not be operated over an unprotected hose of a governmental fire agency organized under Title 7, chapter 33, when the hose is laid down on any roadway, private road, or private driveway, to be used at any fire or alarm of fire, without the consent of the agency official in command.
Mont. Code Ann. § 61-13-101 — MT Code / Title 61 / Chapter 13 / Part 1 / Section 61-13-101
61-13-101 Short title
Status: in_force

61-13-101 . Short title. This part may be cited as the "Montana Seatbelt Use Act".
Mont. Code Ann. § 61-4-502 — MT Code / Title 61 / Chapter 4 / Part 5 / Section 61-4-502
61-4-502 Notice -- warranty enforceable after warranty period -- when
Status: in_force

61-4-502 . Notice -- warranty enforceable after warranty period -- when. (1) If a consumer notifies in writing the manufacturer or its agent during the warranty period that a new motor vehicle does not conform to all applicable express warranties, the repairs necessary to conform the new motor vehicle to the express warranties shall be made by or at the expense of the warrantor, regardless of the expiration of the warranty period after notification of nonconformity is given by the consumer.

(2) The warranty period of an express warranty is extended to equal the time that repair services are not available because of war or invasion or because of strike or fire, flood, or other natural disaster. The presumption provided herein may not apply against a manufacturer who has not received prior written notification from or on behalf of the consumer and has not had an opportunity to cure the alleged defect.

(3) The manufacturer must clearly and conspicuously disclose to the consumer in the warranty or owner's manual that written notification of a nonconformity is required before a consumer may be eligible for a refund or replacement of the vehicle. The manufacturer must include with the warranty or owner's manual the name and address where the written notification must be sent.
Mont. Code Ann. § 61-3-210 — MT Code / Title 61 / Chapter 3 / Part 2 / Section 61-3-210
61-3-210 Definitions
Status: in_force

61-3-210 . Definitions. As used in this part, the following definitions apply:

(1) "Cab" means the passenger compartment of a truck or pickup truck. It is a unit of construction that includes the top or roof and the cowl and may or may not include glass, instrumentation, the steering column, and a seat or seats.

(2) "Center structure" includes the section of either a unibody or frame-type passenger motor vehicle that consists of a unit of sheet metal that extends from the firewall to the back of the rear seat or the centerline of the rear wheels. The structure may comprise the roof, side and rear window posts, cowl panel, dash panel, floor pans, doors, and rocker panels if two or more of these parts are assembled together as one unit.

(3) "Component part" means the front-end assembly, center structure, or tail section of an automobile, the cab of a truck, the bed of a 1-ton or lighter truck, the frame of a motor vehicle, or any part of a motor vehicle that contains a vehicle identification number or a derivative of a vehicle identification number.

(4) "Financial institution" means a bank or credit union that is federally insured.

(5) "Frame" means the structure that supports the automobile body and other external component parts.

(6) "Front-end assembly" includes the hood, right front and left front fenders, grill, bumper, and radiator supports if two or more of these parts are assembled together as one unit forward of the firewall.

(7) "Salvage certificate" means a certificate of title issued by the department for a salvage vehicle that may be used to retitle the motor vehicle.

(8) "Salvage vehicle" means a motor vehicle damaged by collision, fire, flood, accident, trespass, or other occurrence to the extent that the owner, an insurer, or another person acting on behalf of the owner determines that the cost of parts and labor makes it uneconomical to repair the vehicle.

(9) "Salvage vehicle purchaser" means a person, other than an insurer, who purchases or otherwise obtains possession of a salvage vehicle.

(10) "Tail section" includes the floor pan, right rear and left rear quarter panels, deck lid, upper rear and lower rear panels, and rear bumper if two or more of these parts are assembled together as one unit.
Mont. Code Ann. § 61-5-129 — MT Code / Title 61 / Chapter 5 / Part 1 / Section 61-5-129
61-5-129 REAL ID-compliant driver's license or identification card -- voluntary application
Status: in_force

61-5-129 . (Temporary) REAL ID-compliant driver's license or identification card -- voluntary application. (1) The department shall issue a Montana driver's license or identification card that complies with the requirements of the federal REAL ID Act of 2005, Public Law 109-13, to each qualifying applicant.

(2) (a) When required to obtain a Montana driver's license or identification card, a person may choose to apply for either a standard driver's license or identification card, or for a REAL ID-compliant driver's license or REAL ID-compliant identification card.

(b) A person may not hold a valid standard driver's license or identification card and a valid REAL ID-compliant driver's license or identification card at the same time.

(3) (a) A REAL ID-compliant driver's license issued pursuant to this section is subject to the other requirements of obtaining, renewing, and using a standard driver's license issued pursuant to this chapter.

(b) A REAL ID-compliant identification card issued pursuant to this section is subject to the other requirements of obtaining, renewing, and using a standard identification card issued pursuant to Title 61, chapter 12, part 5, and this chapter.

(4) (a) In addition to the fees charged to apply for or renew a standard driver's license under 61-5-111 (6) and the fees charged to apply for a standard identification card under 61-12-504 , the department may charge the following additional fees

for a person who is applying for a REAL ID-compliant driver's license or identification card during or prior to a renewal period specified in 61-5-111 (3)(c), the additional fee is $25.

(b) The fees collected under this subsection (4) must be deposited in the state special revenue fund to be used to fund the equipment and staffing necessary to provide REAL ID-compliant driver's licenses and identification cards. (Void on occurrence of contingency--sec. 8, Ch. 443, L. 2017.)
Mont. Code Ann. § 61-3-226 — MT Code / Title 61 / Chapter 3 / Part 2 / Section 61-3-226
61-3-226 Certificate of title -- transfer on death -- definition
Status: in_force

61-3-226 . Certificate of title -- transfer on death -- definition. (1) The owner or joint owners of a vehicle or vessel may arrange for nonprobate transfer of the vehicle's or vessel's title at the time of death of the owner or last surviving joint owner by completing the beneficiary designation on the application for certificate of title prescribed by the department.

(2) The beneficiary designation must include fields for the following information:

(a) the make, model, year, and vehicle identification number of the vehicle or vessel;

(b) the name and signature of the owner or every joint owner of the vehicle or vessel, signed under penalty of unsworn falsification as provided in 45-7-203 ; and

(c) the name of the beneficiary or the names of the beneficiaries of the vehicle or vessel.

(3) (a) A beneficiary designation is perfected when it is submitted to the department with an application for certificate of title and if it provides the information and signatures required in subsection (2).

(b) An instrument for the testamentary transfer of a vehicle or vessel does not invalidate a perfected beneficiary designation.

(4) The owner or joint owners of a vehicle or vessel may revoke a perfected beneficiary designation by:

(a) transferring the vehicle or vessel to the beneficiary or a third party before death; or

(b) submitting a new beneficiary designation with an application for certificate of title.

(5) (a) After the death of the owner or last surviving joint owner of a vehicle or vessel subject to a perfected beneficiary designation, the beneficiary may present the proof of death of the owner or joint owners of the vehicle or vessel listed as a beneficiary and identification of the beneficiary to the department, to the county treasurer's office, or to an authorized agent and:

(i) request a replacement title for the vehicle or vessel; or

(ii) effect transfer of the title of the vehicle or vessel as required by 61-3-220 .

(b) The beneficiary does not acquire any use, ownership, economic, or other interest in the vehicle or vessel until the beneficiary has filed the documents required by subsection (4) and the department, the county treasurer's office, or an authorized agent has either issued a replacement title or effected the transfer of the title.

(6) This section does not limit the rights of a lienholder whose lien attached to the vehicle or vessel prior to the death of the owner or last surviving joint owner named on the beneficiary designation.

(7) As used in this section, "vehicle" means a motor vehicle, camper, manufactured home, mobile home, or other item for which a certificate of title is issued by the department and that have not been considered or declared an improvement to real property pursuant to 15-1-116 .
Mont. Code Ann. § 61-12-206 — MT Code / Title 61 / Chapter 12 / Part 2 / Section 61-12-206
61-12-206 Offenses for which arrest authorized
Status: in_force

61-12-206 . Offenses for which arrest authorized. Employees designated or appointed as peace officers under 61-10-154 or 61-12-201 may make arrests for violations of the following statutory provisions:

(1) chapters 3 and 5 of this title, but only if the vehicle involved is subject to 61-10-141 ;

(2) chapter 10 of this title;

(3) part 3, chapter 4, of this title;

(4) 15-24-201 through 15-24-205 ;

(5) Title 15, chapter 70, part 4;

(6) 61-10-154 and safety rules adopted under that section; and

(7) Title 69, chapter 12.
Mont. Code Ann. § 61-11-509 — MT Code / Title 61 / Chapter 11 / Part 5 / Section 61-11-509
61-11-509 Permitted disclosure of personal information, excluding highly restricted personal information -- specific uses
Status: in_force

61-11-509 . Permitted disclosure of personal information, excluding highly restricted personal information -- specific uses. Upon application, proof of the identity of the person requesting a record, and payment of the fees required in 61-11-510 and subject to the provisions of 61-11-105 , the department may disclose personal information, excluding highly restricted personal information, from a motor vehicle record to a person who represents that the use of the personal information will be limited to one or more of the following uses:

(1) in the normal course of business by a legitimate business or its agents, employees, or contractors, but only:

(a) to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and

(b) if the submitted information is not correct or is no longer correct, to obtain the correct information for the purposes of preventing fraud by pursuing legal remedies against or recovering on a debt or security interest against the individual;

(2) by a party in interest, or the agent of a party in interest, in a civil, criminal, administrative, or arbitral proceeding in any court or government agency or before any self-regulatory body, including the service of process, an investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of any court;

(3) by an insurer or insurance-support organization or a self-insured entity or its agents, employees, or contractors, in connection with the following arising under insurance policies:

(a) the investigation of claims;

(b) antifraud activities;

(c) ratemaking; or

(d) underwriting;

(4) by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver's license required under federal or state law;

(5) to conduct research activities and produce statistical reports and journalistic articles as long as the personal information is not published, disclosed to a third party, or used to contact individuals;

(6) to provide notice to the owners of towed, abandoned, or impounded vehicles;

(7) for use by any licensed private investigative agency or licensed security service for any purpose provided under this section;

(8) for use in activities pertaining to:

(a) motor vehicle or driver safety and theft;

(b) motor vehicle emissions;

(c) motor vehicle product alterations, recalls, or advisories;

(d) performance monitoring of motor vehicles and dealers by motor vehicle manufacturers; and

(e) removal of nonowner records from the original owner records of motor vehicle manufacturers;

(9) for any other use that is specifically related to the operation of a motor vehicle or to public safety and that is authorized by state law; and

(10) for any use by a requester who demonstrates to the department that the requester has obtained the express consent of the person to whom the information pertains.
Mont. Code Ann. § 61-14-202 — MT Code / Title 61 / Chapter 14 / Part 2 / Section 61-14-202
61-14-202 Rulemaking authority -- commercial driver licensing
Status: in_force

61-14-202 . Rulemaking authority -- commercial driver licensing. (1) The department shall adopt rules governing the classification of commercial driver's licenses and related endorsements and the examination of commercial driver's license applicants and renewal applicants that the department considers necessary for the safety and welfare of the traveling public. The rules must:

(a) subject to the department's functional and vision requirements, conform to the licensing standards and requirements of 49 CFR, part 383, the medical qualification of 49 CFR, part 391, and the security threat assessment provisions of 49 CFR, part 1572, unless a waiver from a licensing standard or requirement has been granted by the federal department of transportation;

(b) allow for the issuance of an interstate commercial driver's license;

(c) allow for the issuance of an intrastate-only commercial driver's license, including the establishment of medical qualification and visual acuity standards;

[(d) upon receiving a waiver from the federal department of transportation, allow for the issuance of a school bus driver endorsement that waives the knowledge test or skills test based on comparable experience of the endorsement candidate, as established by the department;]

(e) establish the requirement for the issuance of a seasonal commercial driver's license, including the waiver of the knowledge and skills test for a qualified person employed in a farm-related service industry;

(f) establish the operational and seasonal restrictions for a seasonal commercial driver's license;

(g) establish the requirements for the medical statement that must be submitted for a person to be qualified for a commercial driver's license; and

(h) allow for and establish the requirements for the issuance of a commercial learner's permit.

(2) The department shall adopt rules governing the minimum standards for certification of a third-party commercial driver testing program and any test waiver under 61-5-118 and governing the certification, operation, and monitoring of third-party skills testing programs. The rules must:

(a) substantially comply with the licensing standards and requirements of 49 CFR, part 383, and the state compliance standards of 49 CFR, part 384, including:

(i) issuance of a commercial driver's license skills testing certificate to a certified program upon execution of a third-party skills testing agreement;

(ii) requiring that all third-party skills test examiners meet minimum qualifications, including passing background checks paid for by the third-party testing program and successfully completing a formal skills test examiner training course;

(iii) providing examiner test limitations, minimum testing standards, and refresher training requirements; and

(iv) requiring recordkeeping and a detailed audit program that includes overt and covert test monitoring and onsite audits by state and federal personnel;

(b) specifically address the requirements for certifying third-party commercial driver testing programs, including place of business, appropriate bond and liability insurance, and facilities requirements; and

(c) specify minimum technology requirements for recordkeeping, scheduling applicants for the skills test, conducting the skills test, and electronically transferring skills test results to the department.

(3) The department shall adopt rules governing the waiver of knowledge and skills tests related to commercial vehicle operators with military experience as provided in 61-5-123 .

(4) The department shall adopt rules governing the administration of a commercial driver's license skills test for a nonexempt applicant for a class A or class B commercial driver's license, for upgrading a commercial driver's license from class B to class A, and for obtaining a passenger or school bus endorsement and the administration of a knowledge test for a hazardous materials endorsement. The rules must provide:

(a) for the department conducting an electronic query to the entry-level driver training provider registry;

(b) that the department may not conduct a skills test or hazardous materials endorsement knowledge test when the entry-level driver training provider registry does not validate that the nonexempt applicant completed the requisite entry-level driver training; and

(c) that an examiner of school bus driver endorsement candidates has had a commercial driver's license issued in Montana in the last 10 years and preferably has at least 2 years of experience driving a school bus in Montana.

(5) The department shall adopt rules that provide that prior to issuing, renewing, transferring, or upgrading a commercial driver's license or commercial learner's permit, the department shall conduct a check of the applicant's eligibility by electronically querying the commercial drug and alcohol clearinghouse. The rules must provide that the department may not issue, renew, transfer, or upgrade a commercial driver's license or commercial learner's permit when the result from the clearinghouse indicates the driver is prohibited from operating a commercial motor vehicle.

(6) The department shall adopt rules that provide that upon receiving federal motor carrier safety administration notification that the commercial learner's permit or commercial driver's license holder is prohibited from operating a commercial motor vehicle, the department shall initiate established procedures for downgrading the commercial learner's permit or commercial driver's license. The rules must provide that downgrade must be completed and recorded on the commercial driver's license system driver record within 60 days of the notification. The rules must further provide that if, after the department completes and records the downgrade on the commercial driver's license system driver record, the department receives federal motor carrier safety administration notification that:

(a) a driver is no longer prohibited from operating a commercial motor vehicle, the department shall make the driver eligible for reinstatement of the commercial learner's permit or commercial driver's license privilege to the driver's license; and

(b) the driver was erroneously identified as prohibited from operating a commercial motor vehicle, the department shall:

(i) reinstate the commercial learner's permit or commercial driver's license privilege to the driver's license as expeditiously as possible; and

(ii) expunge from the commercial driver's license system driver record and motor vehicle record any reference related the driver's erroneous prohibited status. (Subsection (1)(d) effective on occurrence of contingency--sec. 5, Ch. 646, L. 2023.)
Mont. Code Ann. § 61-8-723 — MT Code / Title 61 / Chapter 8 / Part 7 / Section 61-8-723
61-8-723 Offenses committed by persons under 18 years of age
Status: in_force

61-8-723 . Offenses committed by persons under 18 years of age. A person under 18 years of age who is convicted of an offense under this title may not be punished by incarceration, but shall be punished by:

(1) a fine not to exceed the fine that could be imposed on the person if the person were an adult, provided that the person may not be imprisoned for failure to pay the fine;

(2) revocation of the person's driver's license by the court or suspension of the license for a period set by the court;

(3) impoundment by a law enforcement officer designated by the court of the motor vehicle operated by the person for a period of time not exceeding 60 days if the court finds that the person either owns the vehicle or is the only person who uses the vehicle; or

(4) any combination of subsections (1) through (3).
Mont. Code Ann. § 61-8-345 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-345
61-8-345 Stop before emerging from alley, driveway, private road, or building
Status: in_force

61-8-345 . Stop before emerging from alley, driveway, private road, or building. The operator of a vehicle within a business or residence district who is emerging from an alley, driveway, private road, or building shall stop the vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across an alley, driveway, or private road and shall yield the right-of-way to pedestrians. Upon entering the roadway, the operator shall yield the right-of-way to all vehicles approaching on the roadway.
Mont. Code Ann. § 61-10-121 — MT Code / Title 61 / Chapter 10 / Part 1 / Section 61-10-121
61-10-121 Permits for excess size and weight -- exempt from environmental review -- agents
Status: in_force

61-10-121 . Permits for excess size and weight -- exempt from environmental review -- agents. (1) (a) Upon application and with good cause shown, the department of transportation, or its agent under subsection (4), and local authorities in their respective jurisdictions may issue a special permit authorizing the applicant to operate or move a vehicle, combination of vehicles, load, object, or other thing of a size or weight exceeding the maximum specified in 61-10-101 through 61-10-104 and 61-10-106 through 61-10-110 upon a highway under the jurisdiction of and for the maintenance of which the body granting the permit is responsible. However, only the department may issue permits for movement of a vehicle or combination of vehicles carrying built-up or reducible loads in excess of 9 feet in width or exceeding the length, height, or weight specified in 61-10-101 through 61-10-104 and 61-10-106 through 61-10-110 . This permit must be issued in the public interest. A carrier receiving this permit must have public liability and property damage insurance for the protection of the traveling public as a whole.

(b) The department may issue oversize permits to dealers in implements of husbandry and self-propelled machinery. The permits may be transferred from unit to unit by the dealer for the fee set forth in 61-10-124 . These oversize permits may not restrict dealers in implements of husbandry and self-propelled machinery from traveling on a Saturday or Sunday and expire on December 31 of each year, with no grace period. For the purposes of this section, a dealer in implements of husbandry or self-propelled machinery must be a resident of the state. A post-office box number is not a permanent address under this section.

(2) The applicant for a special permit shall specifically describe the powered vehicle or towing vehicle and generally describe the type of vehicle, combination of vehicles, load, object, or other thing to be operated or moved and the particular state highways over which the vehicle, combination of vehicles, load, object, or other thing is to be moved and whether the permit is required for a single trip or for continuous operation.

(3) Issuance of a permit pursuant to this section is exempt from the provisions of Title 75, chapter 1, parts 1 and 2, when existing roads through existing rights-of-way are used.

(4) The department may enter into a contract with a private party to act as an agent of the department for the purpose of issuing, in writing, a special permit allowed under this section.

(5) This section does not authorize a local authority to require a fee and a permit for the movement of a vehicle, combination of vehicles, load, object, or other thing of a size exceeding the maximum specified in 61-10-101 through 61-10-104 on a highway that is under the jurisdiction of an entity other than the local authority.
Mont. Code Ann. § 61-3-717 — MT Code / Title 61 / Chapter 3 / Part 7 / Section 61-3-717
61-3-717 Declarations of extent of reciprocity
Status: in_force

61-3-717 . Declarations of extent of reciprocity. In the absence of an agreement or arrangement with another jurisdiction, the department may examine the laws and requirements of the jurisdiction and declare the extent and nature of exemptions, benefits, and privileges to be extended to motor vehicles, trailers, semitrailers, or pole trailers properly registered or licensed in the other jurisdiction or to the owners of the motor vehicles, trailers, semitrailers, or pole trailers that are in the judgment of the department in the best interests and fair and equitable to this state and its citizens determined on the basis and recognition of the benefits that accrue to the economy of this state from the uninterrupted flow of commerce.
Mont. Code Ann. § 61-3-728 — MT Code / Title 61 / Chapter 3 / Part 7 / Section 61-3-728
61-3-728 Preservation of proportional registration records
Status: in_force

61-3-728 . Preservation of proportional registration records. An owner whose application for proportional registration has been accepted shall preserve the records on which the application is based for a period of 4 years following the year or period upon which the application is based. Upon request of the department, the owner shall make these records available to the department for audit as to accuracy of computations and payments or pay the reasonable costs of an audit at the owner's home office by an appointed representative of the department. The department may make arrangements with agencies of other jurisdictions administering motor vehicle, trailer, semitrailer, or pole trailer registration laws for joint audits of the owner.
Mont. Code Ann. § 61-3-224 — MT Code / Title 61 / Chapter 3 / Part 2 / Section 61-3-224
61-3-224 Temporary registration permit -- issuance -- placement -- fees
Status: in_force

61-3-224 . Temporary registration permit -- issuance -- placement -- fees. (1) (a) The department, an authorized agent, or a county treasurer may issue a temporary registration permit for any purpose authorized under the rules adopted by the department.

(b) An authorized agent or a county treasurer may issue a temporary registration permit without use of the department-approved electronic interface only if authorized by the department.

(2) A person, using a department-approved electronic interface, may issue a temporary registration permit for any purpose authorized under the rules adopted by the department. When placed in a durable license-plate style plastic pouch approved by the department and displayed as prescribed in subsection (4), a temporary registration permit authorizes a person to operate the described motor vehicle, motorboat, sailboat that is 12 feet in length or longer, snowmobile, or off-highway vehicle for:

(a) 40 days from the date the record is issued or until the vehicle is registered under Title 23 or this title, whichever occurs first; or

(b) 90 days from the date the record is issued for a permit issued pursuant to 61-3-303 (4)(b).

(3) A temporary registration permit issued under this section must contain the following information:

(a) a temporary plate number as prescribed by the department;

(b) the expiration date of the temporary registration permit; and

(c) if required by the department, a description of the motor vehicle, trailer, semitrailer, pole trailer, motorboat, personal watercraft, sailboat, or snowmobile, including year, make, model, and vehicle identification number, the name of the person from whom ownership of the motor vehicle, trailer, semitrailer, pole trailer, motorboat, personal watercraft, sailboat, or snowmobile was transferred, the name, mailing address, and residence address of the person to whom ownership of the motor vehicle, trailer, semitrailer, pole trailer, motorboat, personal watercraft, sailboat, or snowmobile has been transferred, and the date of issuance.

(4) A temporary registration permit for:

(a) a motor vehicle, trailer, semitrailer, or pole trailer must be plainly visible and firmly attached to the rear exterior of the vehicle where a license plate is required to be displayed; and

(b) a motorboat, a sailboat that is 12 feet in length or longer, a snowmobile, or an off-highway vehicle must be plainly visible and firmly attached to the vehicle or vessel.

(5) (a) Except as provided in 61-3-431 and subsections (5)(b) and (5)(c) of this section, a $19.50 fee is imposed upon issuance of a temporary registration permit by the department, an authorized agent, or a county treasurer. The fee must be paid by the owner of the vehicle or vessel and collected by the department, the authorized agent, or a county treasurer at the time of sale.

(b) Except as provided in 61-3-431 , a fee of $24.50 is imposed and must be paid upon issuance of a temporary registration permit by:

(i) the department, an authorized agent, or a county treasurer to a nonresident of this state who acquires a vehicle or vessel in this state or who registers for temporary use in this state a quadricycle or motorcycle designed for off-road recreational use; or

(ii) a person who issued a temporary registration permit using a department-approved electronic interface.

(c) A fee of $24 is imposed and must be paid upon issuance of a temporary registration permit for a 90-day temporary registration permit as provided in 61-3-303 (4)(b).

(6) The fees imposed under this section, upon collection, must be forwarded to the state and deposited as follows:

(a) $16.50 from each permit fee collected pursuant to subsection (5) in the state special revenue account established in 44-10-204 ; and

(b) the remainder in the motor vehicle electronic commerce operating account provided for in 61-3-118 .

(7) If a temporary registration permit is issued under this section to a person to whom ownership of a vehicle or vessel has been transferred, the permitholder shall title and register the vehicle or vessel in this or another jurisdiction before the ownership of the vehicle or vessel may be transferred to another person.
Mont. Code Ann. § 61-8-343 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-343
61-8-343 Vehicle entering roadway from private road, driveway, alley, or public approach ramp
Status: in_force

61-8-343 . Vehicle entering roadway from private road, driveway, alley, or public approach ramp. The operator of a vehicle about to enter or cross a roadway from a private road, driveway, alley, or public approach ramp shall yield the right-of-way to all vehicles approaching on the roadway.
Mont. Code Ann. § 61-8-1019 — MT Code / Title 61 / Chapter 8 / Part 10 / Section 61-8-1019
61-8-1019 Administration of tests
Status: in_force

61-8-1019 . Administration of tests. (1) Only a licensed physician, registered nurse, or other qualified person acting under the supervision and direction of a physician or registered nurse may, at the request of a peace officer, withdraw blood for the purpose of determining any measured amount or detected presence of alcohol, drugs, or any combination of alcohol and drugs in the person. This limitation does not apply to the sampling of breath or oral fluid.

(2) In addition to any test administered at the direction of a peace officer, a person may request that an independent blood sample be drawn by a physician or registered nurse for the purpose of determining any measured amount or detected presence of alcohol, drugs, or any combination of alcohol and drugs in the person. The peace officer may not unreasonably impede the person's right to obtain an independent blood test. The peace officer may but has no duty to transport the person to a medical facility or otherwise assist the person in obtaining the test. The cost of an independent blood test is the sole responsibility of the person requesting the test. The failure or inability to obtain an independent test by a person does not preclude the admissibility in evidence of any test given at the direction of a peace officer.

(3) Upon the request of the person tested, full information concerning any test given at the direction of the peace officer must be made available to the person or the person's attorney.

(4) A physician, registered nurse, or other qualified person acting under the supervision and direction of a physician or registered nurse does not incur any civil or criminal liability as a result of the proper administering of a blood test when requested in writing by a peace officer to administer a test.

(5) The department in cooperation with any appropriate agency shall adopt uniform rules for the giving of tests and may require certification of training to administer the tests as considered necessary.

(6) If a peace officer has probable cause to believe that a person has violated 61-8-1002 , meets the definition of aggravated driving under the influence as defined in 61-8-1001 , or has violated 61-8-805 and a sample of blood, breath, oral fluid, urine, or other bodily substance is taken from that person for any reason, a portion of that sample sufficient for analysis must be provided to a peace officer if requested for law enforcement purposes and upon issuance of a subpoena as provided in 46-4-301 .
Mont. Code Ann. § 61-8-331 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-331
61-8-331 Restricted and controlled access
Status: in_force

61-8-331 . Restricted and controlled access. (1) A person may not operate a vehicle onto or from a controlled-access roadway except at entrances and exits that are established by public authority.

(2) On a controlled-access highway or facility a person may not:

(a) operate a vehicle over, upon, or across a curb, central dividing section, or other separation or dividing line;

(b) make a left turn or a semicircular or U-turn except through an opening provided for that purpose in the dividing curb, section, separation, or line if travel through the opening is not prohibited by an official traffic control device;

(c) operate a vehicle except in the proper lane, in the proper direction, and to the right of the central dividing curb, separation, section, or line;

(d) operate a vehicle from a local service road except through an opening provided for that purpose in the dividing curb, section, or line that separates the service road from the highway or facility;

(e) construct, operate, or maintain a road or private driveway connecting with the highway or facility without first obtaining permission in writing from the public authority having jurisdiction.

(3) (a) A person who is convicted of violating subsection (1) is subject to the penalties provided in 61-8-711 .

(b) A person who is convicted of violating subsection (2) is subject to the penalties provided in 61-8-720 .
Mont. Code Ann. § 61-14-101 — MT Code / Title 61 / Chapter 14 / Part 1 / Section 61-14-101
61-14-101 Rulemaking authority -- vehicle services
Status: in_force

61-14-101 . Rulemaking authority -- vehicle services. (1) The department shall adopt rules for the registration of motor vehicles, including:

(a) (i) simultaneous registration of multiple motor vehicles that have common ownership;

(ii) defining the term "fleet" as used in 61-3-318 and 61-3-323 ; and

(iii) the issuance of fleet series license plates provided for in 61-3-325 ;

(b) verification of compliance with 61-6-301 before registering or renewing a registration of a vehicle or issuing new license plates required by 61-3-332 (3);

(c) devising a method to place license plates on the 5-year reissuance cycle to minimize production peaks and valleys;

(d) early registration renewals when an owner of a motor vehicle presents extenuating circumstances;

(e) automated mailing of license plates by the department or its authorized agent, including an agent under contract with the department pursuant to 61-3-338 ; and

(f) provision of the text of the notice provided for in 61-3-303 (6)(d) with the mail renewal notice from the department.

(2) The department shall adopt rules to procure compliance with all of the laws of the state regulating the issuance of motor vehicle, trailer, semitrailer, or pole trailer licenses relating to the use and operation of motor vehicles, trailers, semitrailers, or pole trailers before issuing the lettered license plates pursuant to 61-3-423 .

(3) The department shall adopt rules for generic specialty license plates issued pursuant to 61-3-472 through 61-3-481 , including:

(a) the minimum and maximum number of characters that a generic specialty license plate may display;

(b) the general placement of the sponsor's name, identifying phrase, and graphic; and

(c) any specifications or limitations on the use or choice of color or detail in the sponsor's graphic design.

(4) The department shall adopt rules for voluntary cancellation or suspension of registration pursuant to 61-3-306 and 61-3-307 , including rules to allow a person to end the voluntary suspension of a vehicle's registration.

(5) The department may adopt rules to establish vehicle brands or carried-forward brands according to 61-3-202 .

(6) The department may adopt rules governing affidavit and bond for certificate of title pursuant to 61-3-208 but may not require notarization of an affidavit sworn in the manner provided for in 1-6-105 .

(7) The department may adopt rules for the implementation and administration of temporary registration permits, pursuant to 61-3-224 , including issuance to:

(a) a Montana resident who acquires a new or used motor vehicle, trailer, semitrailer, pole trailer, motorboat, sailboat that is 12 feet or longer, snowmobile, or off-highway vehicle for operation of the vehicle or vessel prior to titling and registration of the vehicle or vessel under Title 61, chapter 3;

(b) the owner of a salvage vehicle or a vehicle requiring a state-assigned vehicle identification number to move the vehicle to and from a designated inspection site prior to applying for a new certificate of title under 61-3-107 or 61-3-212 ;

(c) the owner of a motor vehicle, trailer, semitrailer, or pole trailer registered in this state for operation of the vehicle while awaiting production and receipt of special or duplicate license plates ordered for a vehicle under Title 61, chapter 3;

(d) a nonresident of this state who acquires a motor vehicle, trailer, semitrailer, or pole trailer in this state for operation of the vehicle prior to its titling and registration under the laws of the nonresident's jurisdiction of residence;

(e) a dealer licensed in another state who brings a motor vehicle or trailer designed and used to apply fertilizer to agricultural lands into the state for special demonstration in this state;

(f) a financial institution located in Montana for a prospective purchaser to demonstrate a motor vehicle that the financial institution has obtained following repossession;

(g) an insurer or its agent to move a motor vehicle or trailer to auction following acquisition of the vehicle by the insurer as a result of the settlement of an insurance claim;

(h) a nonresident owner to temporarily operate a quadricycle or motorcycle designed for off-road recreational use on the highways of this state when the quadricycle or motorcycle designed for off-road recreational use is equipped for use on the highways as prescribed in Title 61, chapter 9, but the quadricycle or motorcycle designated for off-road recreational use is not registered or is only registered for off-road use in the nonresident's home state; or

(i) a new owner of a motor vehicle, trailer, semitrailer, pole trailer, motorboat, sailboat that is 12 feet in length or longer, snowmobile, or off-highway vehicle for which the new owner cannot, due to circumstances beyond the new owner's control, surrender a previously assigned certification of title.

(8) The department may adopt rules for the assessment and collection of registration fees on light vehicles under 61-3-321 and 61-3-562 , including the proration of fees under 61-3-520 and criteria for determining the motor vehicle's age.

(9) The department may adopt rules for imposing and collecting fees in lieu of tax, including:

(a) the proration of fees in lieu of tax under 61-3-520 on buses, trucks having a manufacturer's rated capacity of more than 1 ton, and truck tractors;

(b) criteria for determining the motor vehicle's age; and

(c) criteria for determining the manufacturer's rated capacity.

(10) The department may adopt rules, pursuant to Title 61, chapter 3, for the administration of fees for trailers, semitrailers, and pole trailers, including criteria for determining a trailer's age and weight.

(11) The department may adopt rules governing dealers pursuant to the provisions of Title 61, chapter 4, including:

(a) the application and issuance of dealer licenses, including the qualifications of dealers, and the staggering of expiration dates pursuant to 61-4-101 ;

(b) the issuance of dealer, demonstrator, loaner, courtesy, and transit plates pursuant to 61-4-102 , 61-4-128 through 61-4-130 , 61-4-301 , 61-4-307 , and 61-4-308 ;

(c) the application and process for renewing a dealer license pursuant to 61-4-124 ; and

(d) governing the regulation of persons required to be licensed pursuant to Title 61, chapter 4, part 2.

(12) The department may adopt rules for local option tax appeals pursuant to 15-15-201 .

(13) The department may adopt rules to implement any other provision of this title.
Mont. Code Ann. § 61-4-403 — MT Code / Title 61 / Chapter 4 / Part 4 / Section 61-4-403
61-4-403 Certain financing agreements prohibited
Status: in_force

61-4-403 . Certain financing agreements prohibited. It is unlawful for any manufacturer or wholesale distributor of motor vehicles to sell or enter into a contract for the sale of motor vehicles to any motor vehicle dealer on the condition or under an agreement, expressed or implied, that the dealer will finance the purchase or sale of any motor vehicle or vehicles only through a designated finance company or finance agency. Any such condition, agreement, or understanding is against the public policy of the state, and such condition, agreement, or understanding is unlawful, void, and unenforceable, either at law or equity.
Mont. Code Ann. § 61-8-388 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-388
61-8-388 Approaching stationary emergency vehicle or stationary highway worker vehicle
Status: in_force

61-8-388 . Approaching stationary emergency vehicle or stationary highway worker vehicle. When approaching a stationary law enforcement vehicle or authorized emergency vehicle using its siren or emergency lights or a stationary highway worker vehicle using its emergency lights, the operator of a moving vehicle shall:

(1) cautiously and carefully reduce the vehicle's speed to the temporary posted speed limit. If a temporary speed limit has not been posted, the operator of a moving vehicle shall reduce the vehicle's speed to a speed:

(a) 20 miles an hour below the posted speed limit on the interstate if the operator of a moving vehicle is able to move lanes, or to one-half the posted speed limit if the operator of a moving vehicle is not able to move lanes;

(b) 30 miles an hour below the posted speed limit on a state highway or county road if the operator of a moving vehicle is able to move lanes, or to one-half the posted speed limit if the operator of a moving vehicle is not able to move lanes; and

(c) one-half the posted speed limit on any other road; and

(2) follow flagger instructions or instructions on a temporary sign board. If flaggers or a temporary sign board are not yet posted:

(a) if on a multi-lane highway, move to a lane that is not adjacent to the lane in which the stationary law enforcement vehicle, authorized emergency vehicle, or highway worker vehicle is located; or

(b) move over as far as safely possible under the circumstances.
Mont. Code Ann. § 61-3-211 — MT Code / Title 61 / Chapter 3 / Part 2 / Section 61-3-211
61-3-211 Surrender of certificate of title -- issuance of salvage certificate -- salvage retitling requirements -- insurer or owner unable to supply title to auto auction dealer
Status: in_force

61-3-211 . Surrender of certificate of title -- issuance of salvage certificate -- salvage retitling requirements -- insurer or owner unable to supply title to auto auction dealer. (1) When an insurer acquires ownership of a motor vehicle that is less than 15 years old and that has been determined to be a salvage vehicle, the insurer shall apply for a salvage certificate on a form prescribed by the department. The application must be accompanied by a certificate of title assigned to the insurer unless the application indicates that the insurer was unable to obtain the certificate of title after making at least two attempts to do so following oral or written acceptance by the owner of the salvage vehicle of the settlement offer for the salvage vehicle. If the certificate of title or electronic record of title maintained by the department names one or more holders of a perfected security interest in the motor vehicle, the insurer shall secure and deliver to the department or an authorized agent a release from each secured party of the secured interest.

(2) The department shall issue a salvage certificate to the insurer within 5 working days of the date of receipt of the application. Upon receipt of a salvage certificate issued by the department, an insurer may possess, retain, transport, sell, transfer, or otherwise dispose of the salvage vehicle. The salvage certificate is prima facie evidence of ownership of a salvage vehicle.

(3) If the insurer elects to sell a salvage vehicle before a salvage certificate is obtained under subsections (1) and (2), the insurer shall complete a salvage receipt on a form prescribed by the department. The insurer shall deliver the original salvage receipt to the salvage vehicle purchaser only after a release has been obtained from each secured party of any security interest in the salvage vehicle. The insurer shall then deliver to the department or an authorized agent a copy of the salvage receipt, any security releases, and a certificate of title assigned to the insurer unless the insurer was unable to obtain the certificate of title after making at least two attempts to do so following oral or written acceptance by the owner of the salvage vehicle of the settlement offer for the salvage vehicle. Upon submission of the original salvage receipt by the salvage vehicle purchaser, the department shall issue a salvage certificate to the salvage vehicle purchaser that is prima facie evidence of ownership. A salvage certificate must be obtained before the salvage vehicle purchaser disposes of the salvage vehicle.

(4) If an insurer determines that a salvage vehicle will remain with the owner after an agreed settlement, the insurer shall notify the department or an authorized agent of the settlement on a form prescribed by the department. Upon receipt of the notice, the department may require the owner to surrender the certificate of title in compliance with this part, regardless of whether ownership of the salvage vehicle was obtained in a jurisdiction not requiring the surrender of the certificate of title or a comparable ownership document.

(5) At the time of surrender of a certificate of title for a salvage vehicle not acquired by an insurer, the department shall issue a salvage certificate to the owner. Upon receipt of a salvage certificate issued by the department to a noninsurer, the owner may possess, retain, transport, sell, transfer, or otherwise dispose of the salvage vehicle. A salvage certificate is prima facie evidence of ownership of a salvage vehicle.

(6) A fee of $5 must be paid to the department for the issuance of a salvage certificate.

(7) A salvage vehicle owned by or in the inventory of a motor vehicle wrecking facility on October 1, 1991, is exempt from the provisions of this section if the owner of the facility has complied with the provisions of 61-3-225 .

(8) (a) When an auto auction dealer is in possession of a salvage vehicle that was subject to an insurance claim and the insurer did not obtain a salvage certificate or certificate of title as a result of the insurance claim, the insurer shall provide a claim release statement to the auto auction dealer.

(b) Upon receiving a claim release statement from an insurer, the auto auction dealer shall send notice to the owner and any lienholder of the vehicle. The notice shall inform the owner and any lienholder of outstanding charges owed to the auto auction and the requirement to pay applicable charges and pick up the vehicle within 30 days after the date of the notice. Notice under this subsection (8) must be sent by certified mail to the owner and lienholder address on record with the department.

(c) The owner, lienholder, or insurance provider of the vehicle may not reclaim the vehicle until the owner, the lienholder, or the owner's or lienholder's insurance provider has paid the costs incurred by the auto auction dealer in removing and storing the vehicle.

(d) If the removal and storage costs are not paid within 30 days after the notice in subsection (8)(b) was postmarked, the auto auction dealer may, on a form prescribed by the department, request that a salvage certificate or certificate of title be issued. The request must certify that the notice required in subsection (8)(b) was sent and that the owner or lienholder has not made payment as required in subsection(8)(b).

(e) Upon receipt of a valid request as provided in subsection (8)(d), the department shall cancel the vehicle's certificate to title, remove any perfected security interest, and issue to the auto auction dealer a salvage certificate for vehicles less than 15 years old or a certificate of title for vehicles 15 years old or older. After the department has issued a salvage certificate or certificate of title under this section, the former owner or lienholder or insurance provider has no further right, title, claim, or interest in or to the vehicle.
Mont. Code Ann. § 61-5-217 — MT Code / Title 61 / Chapter 5 / Part 2 / Section 61-5-217
61-5-217 Suspending privileges of persons under 18 years of age
Status: in_force

61-5-217 . Suspending privileges of persons under 18 years of age. The privilege of driving a motor vehicle on the highways of this state given to a person under the age of 18 is subject to suspension or revocation by the department in like manner and for like causes as an adult.
Mont. Code Ann. § 61-8-352 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-352
61-8-352 Prohibited operation of special lighting equipment on school buses
Status: in_force

61-8-352 . Prohibited operation of special lighting equipment on school buses. It shall be unlawful to operate any flashing prewarning or warning signal light on any school bus except when the school bus is preparing to stop or is stopped on a highway for the purpose of permitting school children to board or alight from said school bus.
Mont. Code Ann. § 61-4-526 — MT Code / Title 61 / Chapter 4 / Part 5 / Section 61-4-526
61-4-526 Records of disputes
Status: in_force

61-4-526 . Records of disputes. The department shall maintain records of each dispute as it determines appropriate, including an index of disputes by brand name and model. The department shall, at intervals of no more than 6 months, compile and maintain statistics indicating the record of compliance with arbitration decisions and the number of refunds or replacements awarded. The statistical summary must be considered by the department in determining the issuance of any manufacturer license required under Title 61, chapter 4, part 2.
Mont. Code Ann. § 61-10-107 — MT Code / Title 61 / Chapter 10 / Part 1 / Section 61-10-107
61-10-107 Maximum gross weight
Status: in_force

61-10-107 . (Temporary) Maximum gross weight. (1) (a) An axle may not carry a load in excess of 20,000 pounds, and no two consecutive axles more than 40 inches or less than 96 inches apart may carry a load in excess of 34,000 pounds. An axle load is the total load transmitted to the road by all wheels whose centers are included between two parallel transverse vertical planes 40 inches apart, extending across the full width of the vehicle. For purposes of this section, axles 40 inches or less apart are considered to be a single axle. Except as provided in subsection (1)(b), the maximum gross weight allowed on a vehicle, group of axles, or combination of vehicles must be determined by the formula:

W = 500((LN/(N - 1)) + 12N + 36)

in which W equals gross weight, L equals wheelbase in feet, and N equals number of axles, except that two consecutive sets of tandem axles may carry a gross load of 34,000 pounds each if the overall distance between the first and last axles of the consecutive sets of tandem axles is 36 feet or more. The maximum gross weight allowed on a vehicle may not exceed the weight limits adopted by the department. The department shall adopt rules for weight limits based upon the most recent version of 23 CFR, part 658, appendix c, for vehicles operating in Montana.

(b) A vehicle traveling on U.S. highway 93 from the border between Canada and the United States to 10 miles south of the border or on Montana highway 16 from the border between Canada and the United States to 20 miles south of the border is subject to the specific maximum allowable gross weight limit provided in rules adopted by the department but is not subject to maximum gross weight limits determined by the formula in subsection (1)(a).

(2) (a) Notwithstanding a vehicle's conformance with the requirements of subsection (1), except for the steering axle, all axles weighing over 11,000 pounds must have at least four tires or have wide-base tires. The maximum load on an axle, other than a steering axle, equipped with wide-base tires is limited to 500 pounds for each inch of tire width.

(b) The provisions of subsection (2)(a) do not apply to passenger buses.

(c) For the purposes of this section, wide-base tires are tires that are 14 or more inches in nominal width. The maximum tire weight limit is computed for wide-base tires based on the number of inches shown on the tire marking, or if the tire marking is shown by metric size, the tire weight limit is computed by conversion of the metric size.

(3) This section does not apply to highways that are a part of the national system of interstate and defense highways (as referred to in 23 U.S.C. 127) when application of this section would prevent this state from receiving federal funds for highway purposes. (Terminates on occurrence of contingency--sec. 2, Ch. 342, L. 2005.)
Mont. Code Ann. § 61-2-202 — MT Code / Title 61 / Chapter 2 / Part 2 / Section 61-2-202
61-2-202 Legislative findings on equipment safety
Status: in_force

61-2-202 . Legislative findings on equipment safety. The legislature finds that:

(1) the public safety necessitates the continuous development, modernization, and implementation of standards and requirements of law relating to vehicle equipment, in accordance with expert knowledge and opinion;

(2) the public safety further requires that such standards and requirements be uniform from jurisdiction to jurisdiction, except to the extent that specific and compelling evidence supports variation;

(3) the department, acting upon recommendations of the vehicle equipment safety commission and pursuant to the Vehicle Equipment Safety Compact, provides a just, equitable, and orderly means of promoting the public safety in the manner and within the scope contemplated by this part.
Mont. Code Ann. § 61-3-722 — MT Code / Title 61 / Chapter 3 / Part 7 / Section 61-3-722
61-3-722 Registration and identification of proportionally registered motor vehicles -- fees -- effect of registration
Status: in_force

61-3-722 . Registration and identification of proportionally registered motor vehicles -- fees -- effect of registration. (1) The department shall register each proportionally registered motor vehicle, trailer, semitrailer, or pole trailer and issue a license plate or plates, a distinctive registration decal, or other suitable identification device for each motor vehicle, trailer, semitrailer, or pole trailer described in the application upon payment of the appropriate fees and property taxes, as provided by law, for the application and for the license plates, registration decals, or devices issued. A fee of $2 must be paid for each license plate, each registration decal, and each device issued for each proportionally registered motor vehicle, trailer, semitrailer, or pole trailer. A fee of $5 must be paid for each motor vehicle, trailer, semitrailer, or pole trailer receiving temporary registration as authorized by section 704 of the international registration plan of the American association of motor vehicle administrators, adopted in April 1988. A registration card must be issued for each proportionally registered motor vehicle, trailer, semitrailer, or pole trailer. The registration card must, in addition to other information required by chapter 3, show the number of the license, registration decal, or other device issued for the proportionally registered motor vehicle, trailer, semitrailer, or pole trailer and must be carried in the motor vehicle, trailer, semitrailer, or pole trailer at all times.

(2) Fleet motor vehicles, trailers, semitrailers, or pole trailers registered and identified as fleet motor vehicles are considered fully licensed and registered in this state for any type of movement or operation, except that, in those instances in which a grant of authority is required for intrastate movement or operation, the motor vehicle, trailer, semitrailer, or pole trailer may not be operated in intrastate commerce in this state unless the owner has been granted intrastate authority by the public service commission and unless the motor vehicle, trailer, semitrailer, or pole trailer is being operated in conformity with that authority.
Mont. Code Ann. § 61-11-201 — MT Code / Title 61 / Chapter 11 / Part 2 / Section 61-11-201
61-11-201 Purpose
Status: in_force

61-11-201 . Purpose. This part is predicated upon the belief and philosophy that innocent drivers and other innocent passengers and pedestrians have a constitutional right to live, free from fear of death or injury from habitual traffic offenders. Further, it is the purpose of this part to reduce the number of motor vehicle accidents in this state and to provide greater safety to the motoring public and others by denying to the habitual traffic offenders the privilege of operating a motor vehicle upon the public streets and highways of this state.
Mont. Code Ann. § 61-6-125 — MT Code / Title 61 / Chapter 6 / Part 1 / Section 61-6-125
61-6-125 Installment payment of judgments -- default
Status: in_force

61-6-125 . Installment payment of judgments -- default. (1) A judgment debtor upon due notice to the judgment creditor may apply to the court in which the judgment was rendered for the privilege of paying the judgment in installments. The court, in its discretion and without prejudice to any other legal remedies that the judgment creditor may have, may order payment in installments and fix the amounts and times of the payments.

(2) The department may not suspend a license or a nonresident's operating privilege and shall restore any license or nonresident's operating privilege suspended following nonpayment of a judgment, when the judgment debtor gives proof of compliance with 61-6-301 and obtains an order permitting the payment of the judgment in installments, and while the payment of any installment is not in default.

(3) If the judgment debtor fails to pay any installment as specified by a court order, then the department shall, upon notice of the default, suspend the license or nonresident's operating privilege of the judgment debtor until the judgment is satisfied, as provided in this part.
Mont. Code Ann. § 61-3-550 — MT Code / Title 61 / Chapter 3 / Part 5 / Section 61-3-550
61-3-550 Motor vehicle information technology system account
Status: in_force

61-3-550 . Motor vehicle information technology system account. (1) There is a motor vehicle information technology system account in the state special revenue fund provided for in 17-2-102 .

(2) (a) Until June 30, 2019, $4 of the fee received by the department pursuant to 61-3-103 (8) for a security interest or other lien must be deposited in the account.

(b) Until June 30, 2026, fees received by the department pursuant to 61-3-103 (9) and $5 of each fee received under 61-3-203 or 61-3-204 for a certificate of title must be deposited in the account.

(3) The money in the motor vehicle information technology system account must be appropriated by the legislature to the department of justice and must be used by the department for the purpose of:

(a) repaying any indebtedness or loan incurred for the creation of a new information technology system for motor vehicles; or

(b) payment of costs directly incurred in the creation and support of the new motor vehicle information technology system.
Mont. Code Ann. § 61-10-126 — MT Code / Title 61 / Chapter 10 / Part 1 / Section 61-10-126
61-10-126 Deposit of fees
Status: in_force

61-10-126 . Deposit of fees. All fees collected under 61-10-101 through 61-10-104 and 61-10-106 through 61-10-125 must be forwarded to the department of transportation for deposit in the highway nonrestricted account provided for in 15-70-125 .
Mont. Code Ann. § 61-4-217 — MT Code / Title 61 / Chapter 4 / Part 2 / Section 61-4-217
61-4-217 Standing to bring action
Status: in_force

61-4-217 . Standing to bring action. (1) The following entities have standing to seek redress for violations of Title 30, chapters 11 and 14, part 25, of this chapter, or of any other provision of Montana law relating to or affecting the relationship between a manufacturer, person, or entity described in 61-4-208 (1) and a new motor vehicle dealer:

(a) a new motor vehicle dealer;

(b) a transferee of a new motor vehicle dealer; and

(c) any corporation or association that is primarily owned by or composed of new motor vehicle dealers and that primarily represents the interests of new motor vehicle dealers if at least one of the corporation or association members would have standing on its own, the interests that the action seeks to protect are germane to the corporation or association's purpose, and the claim asserted or the relief requested does not require the participation of individual members in the action.

(2) Entities that have standing under subsection (1) may:

(a) file a petition and request the department handle the matter as an administrative proceeding; or

(b) bring a civil action in a court of competent jurisdiction.

(3) An action filed under this section may seek:

(a) recovery of actual damages;

(b) declaratory or injunctive relief; or

(c) reasonable costs of the suit and attorney fees to a prevailing party.

(4) A court or administrative hearing officer may, in its discretion, increase the award of damages up to an amount not to exceed three times the actual damages sustained for a willful violation of this chapter.
Mont. Code Ann. § 61-9-310 — MT Code / Title 61 / Chapter 9 / Part 3 / Section 61-9-310
61-9-310 Reservoir capacity and check valve
Status: in_force

61-9-310 . Reservoir capacity and check valve. (1) A bus, truck, or truck tractor with air operated brakes must be equipped with at least one reservoir sufficient to ensure that, when fully charged to the maximum pressure as regulated by the air compressor governor cutout setting, a full service brake application is made without lowering the reservoir pressure by more than 20%. Each reservoir must be provided with means for readily draining accumulated oil or water.

(2) A truck with three or more axles equipped with vacuum assistor type brakes or a truck tractor and truck used for towing a vehicle equipped with vacuum brakes must be equipped with a reserve capacity or a vacuum reservoir sufficient to ensure that, with the reserve capacity or reservoir fully charged and with the engine stopped, a full service brake application is made without depleting the vacuum supply by more than 40%.

(3) A motor vehicle, trailer, semitrailer, or pole trailer, when equipped with air or vacuum reservoirs or reserve capacity as required by this section, must have reservoirs or reserve capacity safeguarded by a check valve or equivalent device that, in the event of failure or leakage in its connection to the source of compressed air or vacuum, prevents the stored air or vacuum from being depleted by the leak or failure.
Mont. Code Ann. § 61-3-460 — MT Code / Title 61 / Chapter 3 / Part 4 / Section 61-3-460
61-3-460 Motor vehicle registration fee and veterans' cemetery fee waivers
Status: in_force

61-3-460 . Motor vehicle registration fee and veterans' cemetery fee waivers. (1) Except as otherwise provided in this section, a person eligible under subsection (2) is exempt from the veterans' cemetery fee provided in 61-3-459 for two sets of special veteran license plates and all motor vehicle registration fees imposed by this chapter for two motor vehicles that are not used for commercial purposes.

(2) The following persons are eligible for the waiver provided in subsection (1):

(a) a veteran who was a prisoner of war who presents official documentation from the U.S. department of defense verifying the veteran's status, or the veteran's surviving spouse, if the spouse has not remarried;

(b) a veteran who is currently rated 100% disabled or is paid at the 100% disabled rate by the U.S. department of veterans affairs for a service-connected disability, as verified by official documentation from the U.S. department of veterans affairs, or the veteran's surviving spouse, if the spouse has not remarried;

(c) a veteran determined by the U.S. department of veterans affairs to be 50% or more disabled because of a service-connected injury and who has been awarded the purple heart, as verified by official documentation from the U.S. department of veterans affairs and the veteran's military service record issued by the U.S. department of defense, or the veteran's surviving spouse, if the spouse has not remarried, except that the veteran or the surviving spouse shall pay the veterans' cemetery fee as provided for in 61-3-459 ;

(d) the surviving spouse, if the spouse has not remarried, of a military service member killed while on active duty as verified in official documentation issued by the U.S. department of defense; and

(e) the surviving spouse, if the spouse has not remarried, of a military service member or veteran who died of a service-connected injury or disability as determined by and verified in official documentation from the U.S. department of veterans affairs.

(3) A veteran who meets the eligibility criteria in subsections (2)(a) through (2)(c) may apply the fee waiver provided in subsection (1) to any of the special license plates provided for in 61-3-458 (4) as long as the veteran also meets the eligibility criteria for the specific special license plate the veteran requests.
Mont. Code Ann. § 61-3-723 — MT Code / Title 61 / Chapter 3 / Part 7 / Section 61-3-723
61-3-723 Proportional registration not applicable in a single jurisdiction
Status: in_force

61-3-723 . Proportional registration not applicable in a single jurisdiction. The right to the privilege and benefits of proportional registration of fleet motor vehicles, trailers, semitrailers, or pole trailers extended by 61-3-711 through 61-3-733 or by any contract, agreement, arrangement, or declaration made under the authority of 61-3-711 through 61-3-733 is subject to the condition that each fleet motor vehicle, trailer, semitrailer, or pole trailer proportionally registered under the authority of 61-3-711 through 61-3-733 must also be proportionally or otherwise properly registered in at least one other jurisdiction during the period for which it is proportionally registered in this state.
Mont. Code Ann. § 61-9-411 — MT Code / Title 61 / Chapter 9 / Part 4 / Section 61-9-411
61-9-411 Certain vehicles to carry flares or other warning devices
Status: in_force

61-9-411 . Certain vehicles to carry flares or other warning devices. (1) No person shall operate any motor truck of 1-ton capacity or greater, passenger bus, or truck tractor upon any highway outside the corporate limits of municipalities at any time unless there shall be carried in such vehicle, except as provided in subsection (2), the following equipment:

(a) at least three flares or three red electric lanterns or three portable red emergency reflectors each of which shall be capable of being seen and distinguished at a distance of not less than 600 feet under normal atmospheric conditions at nighttime. No portable reflector unit shall be used for the purpose of compliance with the requirements of this section unless it is so designed and constructed as to display a minimum of 24 square inches of reflective surface, or two reflecting elements; one above the other, either of which shall be capable of reflecting red light clearly visible from all distances within 600 feet to 100 feet under normal atmospheric conditions at night when directly in front of lawful upper beams of headlamps;

(b) at least three red-burning fusees unless red electric lanterns or red portable emergency reflectors are carried;

(c) at least two red cloth flags, no less than 12 inches square, with standards to support such flags.

(2) No person shall operate at the time and under the conditions stated in subsection (1) any motor vehicle used for the transportation of explosives, any cargo tank truck used for the transportation of flammable liquids or compressed gases, or any motor vehicle using compressed gas as a fuel unless there shall be carried in such vehicle three red electric lanterns or three portable red emergency reflectors meeting the requirements of subsection (1), and there shall not be carried in any said vehicle any flares, fusees, or signal produced by flame.

(3) As an alternative to the equipment required in subsections (1) and (2), three emergency reflective triangles conforming with U.S. department of transportation motor vehicle safety standard 125 may be carried.
Mont. Code Ann. § 61-8-353 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-353
61-8-353 Stopping, standing, or parking outside of business or residence districts
Status: in_force

61-8-353 . Stopping, standing, or parking outside of business or residence districts. (1) Upon any highway outside of a business or residence district no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the highway when it is practical to stop, park, or so leave such vehicle off such part of said highway, but in every event an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles. No person shall stop, stand, or park any vehicle upon such highway unless such vehicle can be seen by the driver of any other vehicle approaching from either direction within 500 feet and unless drivers approaching from opposite directions are visible to each other when both are at least 500 feet from the vehicle to be stopped, turned, or parked, except in cases of justifiable emergency.

(2) This section shall not apply to the driver of any vehicle which is disabled while on the paved or main-traveled portion of a highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position.
Mont. Code Ann. § 61-9-504 — MT Code / Title 61 / Chapter 9 / Part 5 / Section 61-9-504
61-9-504 Rules
Status: in_force

61-9-504 . Rules. The department is hereby empowered to make additional rules governing the use of safety equipment on motor vehicles, vehicles, and/or combination of vehicles, that is, trailer hitches, safety chains, mounts, tow bars, and other similar equipment as it shall deem advisable for the protection of the public.
Mont. Code Ann. § 61-3-214 — MT Code / Title 61 / Chapter 3 / Part 2 / Section 61-3-214
61-3-214 Certificate of title -- custom-built motorcycle
Status: in_force

61-3-214 . Certificate of title -- custom-built motorcycle. (1) When a person applies for a certificate of title for a custom-built motorcycle and a certificate of title or an electronic record of title is created pursuant to this chapter, the certificate of title or electronic record of title must include:

(a) the make, style, year of manufacture, serial number or identification number of the motorcycle's engine, and year of manufacture for the motorcycle, which is the year that the engine was manufactured or the year that the engine was manufactured to resemble; and

(b) the make and vehicle identification number for the frame of the motorcycle.

(2) If the application for a certificate of title is not accompanied by a previously issued certificate of title that includes the required information or a certificate from the manufacturer of the motorcycle's engine or frame, the department may require a vehicle inspection to confirm the make, year of manufacture, and serial or identification number of the motorcycle's engine, the frame, or both, and, if applicable, to assign a special identification number under 61-3-107 .
Mont. Code Ann. § 61-10-223 — MT Code / Title 61 / Chapter 10 / Part 2 / Section 61-10-223
61-10-223 Expiration date
Status: in_force

61-10-223 . Expiration date. Any GVW license issued shall be valid only for the period for which issued.
Mont. Code Ann. § 61-3-607 — MT Code / Title 61 / Chapter 3 / Part 6 / Section 61-3-607
61-3-607 Penalty for tampering with odometer or violating odometer statement requirements
Status: in_force

61-3-607 . Penalty for tampering with odometer or violating odometer statement requirements. (1) It is unlawful for a person to tamper with the odometer of a motor vehicle. It is considered tampering if a person removes, turns back, or changes the reading on the odometer, except when repairing or replacing a defective odometer and setting it anew to show the true mileage, or if a person sells, offers for sale, uses, installs, or causes to be installed any device that causes the odometer to register a mileage reading other than the true mileage for the purpose of deceiving a prospective purchaser. For purposes of this section, the true mileage is that driven by the motor vehicle as registered by the odometer within the manufacturer's designed tolerance.

(2) A person who purposely or knowingly violates the provisions of 61-3-206 or subsection (1) of this section is punishable by a fine of not more than $5,000 or imprisonment in the state prison for a period of not more than 10 years, or both. If that person is a motor vehicle dealer, the department shall revoke the dealer's license. Action by the department under this subsection must conform to the contested case procedures in Title 2, chapter 4.
Mont. Code Ann. § 61-9-516 — MT Code / Title 61 / Chapter 9 / Part 5 / Section 61-9-516
61-9-516 Penalty for seatbelt violations
Status: in_force

61-9-516 . Penalty for seatbelt violations. Any person who violates the provisions of 61-9-409 is guilty of a misdemeanor and upon conviction shall be fined not to exceed $100.
Mont. Code Ann. § 61-5-211 — MT Code / Title 61 / Chapter 5 / Part 2 / Section 61-5-211
61-5-211 Right of appeal to court
Status: in_force

61-5-211 . Right of appeal to court. A person denied a driver's license or whose license has been canceled, suspended, or revoked by the department except when the cancellation or revocation is mandatory under the provisions of this chapter may file a petition within 30 days after the denial, cancellation, suspension, or revocation for a hearing in the matter in the district court in the county in which the person resides. The court has jurisdiction and it shall set the matter for hearing upon 30 days' written notice to the department, and shall take testimony and examine the facts of the case and determine whether the petitioner is entitled to a driver's license or is subject to suspension, cancellation, or revocation of the license under the provisions of this chapter.
Mont. Code Ann. § 61-6-133 — MT Code / Title 61 / Chapter 6 / Part 1 / Section 61-6-133
61-6-133 Certificate of insurance as proof
Status: in_force

61-6-133 . Certificate of insurance as proof. Proof of financial responsibility may be furnished by filing with the department the written certificate of any insurance carrier duly authorized to do business in this state certifying that there is in effect a motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility. Such certificate shall give the effective date of such motor vehicle liability policy, which date shall be the same as the effective date of the certificate, and shall designate by explicit description or by appropriate reference all motor vehicles covered thereby, unless the policy is issued to a person who is not the owner of a motor vehicle.
Mont. Code Ann. § 61-8-503 — MT Code / Title 61 / Chapter 8 / Part 5 / Section 61-8-503
61-8-503 Crossing at other than crosswalks
Status: in_force

61-8-503 . Crossing at other than crosswalks. (1) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.

(2) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.

(3) Between adjacent intersections at which traffic control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk.
Mont. Code Ann. § 61-5-106 — MT Code / Title 61 / Chapter 5 / Part 1 / Section 61-5-106
61-5-106 Learner licenses -- traffic education permits -- temporary driver's permits
Status: in_force

61-5-106 . Learner licenses -- traffic education permits -- temporary driver's permits. (1) (a) The department may issue a learner license, which is valid for 1 year from the date of issuance, to a person satisfying the age requirements specified in 61-5-105 (1) after the applicant has successfully passed the knowledge test and the vision examination, as provided in 61-5-110 . Except as provided in subsections (1)(b) and (1)(c), a learner license entitles the licensee, while in immediate possession of the license and accompanied by a licensed driver seated beside the licensee, to drive a motor vehicle other than a motorcycle upon the public highways.

(b) (i) Except as provided in subsection (1)(b)(ii), if the licensee is under 18 years of age, the driver supervising the licensee must be a parent or a legal guardian of the licensee or, with the permission of the licensee's parent or legal guardian, a licensed driver 18 years of age or older. Each occupant of a motor vehicle driven by a licensee who is under 18 years of age shall wear a properly adjusted and fastened seatbelt or, if 61-9-420 applies, must be properly restrained in a child safety restraint.

(ii) If the licensee is a ward of the state, the driver supervising the licensee must be a licensed driver 18 years of age or older.

(c) A person holding a learner license for a motorcycle may drive a motorcycle upon a public highway if the person is not carrying a passenger, has immediate possession of the license, and is under the immediate and proximate visual supervision of one of the following persons, who must be at least 18 years of age if the licensee is under 18 years of age:

(i) a motorcycle-endorsed licensed driver who is riding with the licensee and who is operating a separate motorcycle or other motor vehicle; or

(ii) a licensed driver who is operating a separate motor vehicle if the licensee has successfully completed a motorcycle safety training course through a cooperative driver testing program certified under 61-5-110 .

(2) The department may issue a learner license, which is valid for 1 year from the date of issuance, to any person who is at least 14 1/2 years of age and who has successfully completed or is successfully participating in a traffic education course approved by the department and the superintendent of public instruction and that is available to all who meet the age requirements specified in 20-7-503 and reside within the geographical boundaries of or attend a school in the school district that offers the course. A learner license entitles the licensee to operate a motor vehicle when accompanied by an approved instructor, a licensed parent or guardian, or other driver as provided in subsection (1)(b) and may be restricted to specific times or areas.

(3) (a) An instructor of a traffic education program approved by the department and by the superintendent of public instruction may issue a traffic education permit that is effective for a school year or more restricted period to an applicant who is enrolled in a traffic education program approved by the department and who meets the age requirements specified in 20-7-503 .

(b) When in immediate possession of the traffic education permit, the permittee may operate on a designated highway or within a designated area:

(i) a motor vehicle when an approved instructor is seated beside the permittee; or

(ii) a motorcycle or quadricycle when under the immediate and proximate supervision of an approved instructor.

(4) The department may in its discretion issue a temporary driver's permit to an applicant for a driver's license permitting the applicant to operate a motor vehicle while the department is completing its investigation and determination of all facts relative to the applicant's right to receive a driver's license. The temporary driver's permit must be in the permittee's immediate possession while operating a motor vehicle, and it is invalid when the applicant's license has been issued or for good cause has been refused.

(5) The department may in its discretion issue a temporary commercial driver's license to an applicant permitting the applicant to operate a commercial motor vehicle while the department is completing its investigation and determination of all facts relative to the applicant's right to receive a commercial driver's license. The temporary license must be in the applicant's immediate possession while operating a commercial motor vehicle and is invalid when the applicant's license has been issued or for good cause has been refused.

(6) The department may in its discretion issue a temporary medical assessment and rehabilitation driving permit, as provided in 61-5-120 .
Mont. Code Ann. § 61-3-406 — MT Code / Title 61 / Chapter 3 / Part 4 / Section 61-3-406
61-3-406 Fees for personalized plates -- disposition
Status: in_force

61-3-406 . Fees for personalized plates -- disposition. (1) In addition to all other fees and taxes imposed by law, the applicant for a personalized license plate shall pay a fee of $25 for the original personalized license plate and a fee of $10 for each transfer or renewal of the personalized license plate.

(2) The revenue derived from the fee must be deposited in the state general fund.
Mont. Code Ann. § 61-3-725 — MT Code / Title 61 / Chapter 3 / Part 7 / Section 61-3-725
61-3-725 Withdrawal of fleet motor vehicles -- procedure, credits, and accounting
Status: in_force

61-3-725 . Withdrawal of fleet motor vehicles -- procedure, credits, and accounting. (1) If a motor vehicle, trailer, semitrailer, or pole trailer is withdrawn from a proportionally registered fleet during the period for which it is registered, the owner of the fleet shall notify the department of transportation of that fact on forms prescribed by the department. The department may require the owner to surrender proportional registration cards and other identification devices that have been issued with respect to that motor vehicle, trailer, semitrailer, or pole trailer. If a motor vehicle, trailer, semitrailer, or pole trailer is permanently withdrawn from a proportionally registered fleet because it has been destroyed, sold, or otherwise completely removed from the service of the registrant, the unused portion of the gross vehicle weight fees paid with respect to that motor vehicle, trailer, semitrailer, or pole trailer must be credited to the proportional registration account of the owner. This unused portion equals the amount paid with respect to the motor vehicle, trailer, semitrailer, or pole trailer when it was first proportionally registered in the registration period, reduced by one-twelfth of the total annual gross vehicle weight fee of the motor vehicle, trailer, semitrailer, or pole trailer for each calendar month and fraction of a month elapsing between the first day of the month of the current period in which the motor vehicle, trailer, semitrailer, or pole trailer was registered and the date the notice of withdrawal is received by the department. This credit must be applied against liability for additional fees due during the registration period or for additional fees due upon audit under 61-3-728 . If a credit is less than $5, it may not be made or entered. A credit may not be taken against fees other than those for the registration period and is not subject to refund.

(2) If the owner replaces a motor vehicle, trailer, semitrailer, or pole trailer withdrawn from the fleet at the same time as the withdrawal and the replacement motor vehicle, trailer, semitrailer, or pole trailer is of the same or of a lesser weight category than the one withdrawn, the gross vehicle weight fees are transferable to the replacement motor vehicle, trailer, semitrailer, or pole trailer. If the transfer is to a smaller motor vehicle, trailer, semitrailer, or pole trailer, a credit may not be given or entered.
Mont. Code Ann. § 61-5-404 — MT Code / Title 61 / Chapter 5 / Part 4 / Section 61-5-404
61-5-404 Governor as executive head
Status: in_force

61-5-404 . Governor as executive head. As used in the compact, with reference to this state, the term "executive head" shall mean the governor.
Mont. Code Ann. § 61-8-376 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-376
61-8-376 Authorized operation of electric personal assistive mobility devices
Status: in_force

61-8-376 . Authorized operation of electric personal assistive mobility devices. Electric personal assistive mobility devices are permitted to operate on sidewalks, unless they are prohibited by official traffic control devices, on bike paths, and on roads and streets that have a speed limit of 35 miles an hour or less.
Mont. Code Ann. § 61-9-214 — MT Code / Title 61 / Chapter 9 / Part 2 / Section 61-9-214
61-9-214 Lamps on parked vehicles
Status: in_force

61-9-214 . Lamps on parked vehicles. (1) Whenever a vehicle is lawfully parked upon a street or highway during the hours between one-half hour after sunset and one-half hour before sunrise and in the event there is sufficient light to reveal any person or object within a distance of 500 feet upon such street or highway no lights need be displayed upon such parked vehicle.

(2) Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended, during the hours between one-half hour after sunset and one-half hour before sunrise and there is not sufficient light to reveal any person or object within a distance of 500 feet upon such highway, such vehicle so parked or stopped shall be equipped with one or more lamps meeting the following requirements: at least one lamp shall display a white or amber light visible from a distance of 500 feet to the front of the vehicle, and the same lamp or at least one other lamp shall display a red light visible from a distance of 500 feet to the rear of the vehicle, and the location of said lamp or lamps, shall always be such that at least one lamp or combination of lamps meeting the requirements of this section is installed as near as practicable to the side of the vehicle which is closest to passing traffic. The foregoing provisions shall not apply to a motor-driven cycle.

(3) Any lighted headlamp upon a parked vehicle shall be depressed or dimmed.
Mont. Code Ann. § 61-11-105 — MT Code / Title 61 / Chapter 11 / Part 1 / Section 61-11-105
61-11-105 Release of information -- fees
Status: in_force

61-11-105 . Release of information -- fees. (1) Subject to the limitations of this section, the department shall, upon request, furnish a person the individual Montana driving record of a driver or licensee, containing the following data:

(a) the driver's or licensee's name, driver's license number, and date of birth;

(b) driver's license status, including the license type and any endorsements, the license issue date, license restrictions, any suspensions, revocations, or cancellations that have been imposed against the driver or licensee, and the license expiration date;

(c) convictions of the driver or licensee; and

(d) traffic accidents in which the driver or licensee was involved.

(2) The department may not enter into any agreement to disclose or sell, in bulk, any data contained in an individual Montana driving record unless the requester of the information provides the department with the names, driver's license numbers, and dates of birth of the drivers or licensees from whose records a change in license status or conviction activity is to be reported.

(3) (a) The department may not disclose personal information or highly restricted personal information from an individual Montana driving record, except as permitted or required under 61-11-507 , 61-11-508 , or 61-11-509 .

(b) The department may not disclose medical certification status, driver self-certification status, or medical certificate information from a CDLIS driver record as part of an individual Montana driving record except as expressly authorized under 49 CFR 384.225.

(4) Information relating to a traffic accident that did not involve a conviction, as defined in 61-11-203 , may not be released by the department unless the release is requested or approved by a party involved in the accident or is required by court order or a duly executed subpoena.

(5) (a) Subject to the requirements of subsection (6) and except as provided in subsection (5)(b), a fee of $4 must be paid for each individual Montana driving record requested. A fee of $10 must be paid if a certified Montana record, as provided in 61-11-102 (7), is requested. A fee of 6 cents must be paid for each individual Montana driving record that is searched by the department to report to a requester a change in license status or conviction activity from one or more individual Montana driving records.

(b) An individual Montana driving record must be provided without charge to any criminal justice agency, as defined in 44-5-103 , or other state or federal agency.

(6) In addition to the fees required in 61-11-510 (3) and subsection (5) of this section, an individual Montana driving record or any report compiled from one or more individual Montana driving records that are digitally transmitted to a requester by an authorized agent as provided in 61-3-116 or through a point of entry for digital government services are subject to the convenience fee provided for in 2-17-1103 or 61-3-116 .

(7) The department may require a requester, other than a federal, state, or local government agency, seeking one or more individual Montana driving records or any data otherwise contained in one or more individual Montana driving records in digital format to use an authorized agent as provided in 61-3-116 or a point of entry for digital government services to obtain the record or data.
Mont. Code Ann. § 61-4-206 — MT Code / Title 61 / Chapter 4 / Part 2 / Section 61-4-206
61-4-206 Objections -- hearing
Status: in_force

61-4-206 . Objections -- hearing. (1) (a) Except as provided in subsection (1)(b), a person who receives or is entitled to receive a copy of a notice provided for in 61-4-205 (4) may object to the approval of the proposed action by filing a written objection with the department within 15 days from the date the notice was received by the person entitled to receive the notice. If an objection is not filed within 15 days from the date the notice was received, the proposed action must be approved.

(b) A franchisee of the same line-make established in the same community as the proposed additional franchise of the same line-make may not object under subsection (1)(a) if the proposed additional franchise was first terminated by a franchisor and the franchise was subsequently awarded back by a legal or administrative proceeding to the franchisee from whom the franchise was terminated.

(2) If a timely objection has been filed, the department shall appoint a hearings officer to preside over and conduct a contested case hearing under the provisions of Title 2, chapter 4, part 6. Within 30 days of the order of appointment, the hearings officer shall enter an order fixing the time for a scheduling conference for the contested case and shall send to the parties by certified mail with return receipt requested a copy of the scheduling conference order and the notice provided for in 61-4-205 (4).

(3) Upon hearing or upon objection to the establishment of a new motor vehicle dealership, the franchisor has the burden of proof to establish that good cause exists to terminate, not continue, or not establish the franchise.

(4) The rules of evidence for a hearing provided for in subsection (2) are the same as those found in Title 2, chapter 4. The department shall reasonably apportion all costs related to the contested case hearing between the parties.

(5) The department may issue subpoenas, administer oaths, and compel the attendance of witnesses and production of books, papers, documents, and all other evidence. The department may apply to the district court of the county in which the hearing is held for a court order enforcing this section. The hearing must be conducted pursuant to Title 2, chapter 4.

(6) A transcript of the testimony of each witness taken at the hearing must be made and preserved. Within 60 days after the hearing, the department shall make written findings of fact and conclusions and enter a final order.

(7) Any party to the hearing before the department may appeal pursuant to Title 2, chapter 4.

(8) The franchise agreement must continue in effect until the adjudication by the department on the written complaint and the exhaustion of all appellate remedies available to the franchisee. The franchisor and the franchisee shall abide by the terms of the franchise and the laws of Montana during the appeals process.
Mont. Code Ann. § 61-8-209 — MT Code / Title 61 / Chapter 8 / Part 2 / Section 61-8-209
61-8-209 Flashing signals
Status: in_force

61-8-209 . Flashing signals. (1) Whenever an illuminated flashing red or yellow signal is used in a traffic control device, it requires obedience by vehicular traffic as follows:

(a) When a red lens is illuminated with rapid intermittent flashes, an operator of a vehicle shall stop at a marked stop line. If there is no marked stop line, an operator shall stop before entering the nearest crosswalk at an intersection. If there is no crosswalk, an operator shall stop at the point nearest the intersecting roadway where the operator has a view of approaching traffic. The right to proceed is subject to the rules applicable after making a stop at a stop sign, as provided in 61-8-344 .

(b) When a yellow lens is illuminated with rapid intermittent flashes, the operator of a vehicle may proceed through the intersection or past the flashing yellow signal only with caution.

(2) This section does not apply at railroad grade crossings. Conduct of an operator of a vehicle approaching a railroad grade crossing is governed by the provisions of 61-8-347 .
Mont. Code Ann. § 61-8-310 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-310
61-8-310 When local authorities may and shall alter limits or establish or alter area of school zone
Status: in_force

61-8-310 . When local authorities may and shall alter limits or establish or alter area of school zone. (1) If a local authority in its jurisdiction determines on the basis of an engineering and traffic investigation that the speed permitted under 61-8-303 and 61-8-309 through 61-8-313 is greater or less than is reasonable and safe under the conditions found to exist on a highway or part of a highway, the local authority may set a reasonable and safe limit that:

(a) decreases the limit in an urban district;

(b) increases the limit within an urban district, but not to more than 65 miles an hour during the nighttime;

(c) decreases the limit outside an urban district, but not to less than 25 miles an hour on a paved or an unpaved road; or

(d) decreases the limit in a school zone or in an area near a senior citizen center, as defined in 23-5-112 , or a designated crosswalk that is close to a school or a senior citizen center to not less than 15 miles an hour. If warranted by an engineering and traffic investigation, a local authority may adopt variable speed limits to adapt to traffic conditions by time of day, provided that the variable limits comply with the provisions of 61-8-206 .

(2) A board of county commissioners may set limits, as provided in subsections (1)(c) and (1)(d), without an engineering and traffic investigation on a county road.

(3) A local authority in its jurisdiction may determine the proper speed for all arterial streets and shall set a reasonable and safe limit on arterial streets that may be greater or less than the speed permitted under 61-8-303 for an urban district.

(4) (a) An altered limit established as authorized under this section is effective at all times or at other times determined by the authority when appropriate signs giving notice of the altered limit are erected upon the highway.

(b) If a local authority decreases a speed limit in a school zone, the local authority shall erect signs conforming with the manual adopted by the department of transportation under 61-8-202 giving notice that the school zone has been entered, of the altered speed limit and the penalty provided in 61-8-726 , and that the school zone has ended.

(5) The commission has exclusive jurisdiction to set special speed limits on all state highways or highways located on the commission-designated highway system as defined in 60-1-103 in all municipalities or urban areas. The commission shall set these limits in accordance with 61-8-309 .

(6) A local authority establishing or altering the area of a school zone shall consult with the department of transportation and the commission if the school zone includes a state highway or a highway located on the commission-designated highway system as defined in 60-1-103 .

(7) A local authority shall consult with district officials for a school when:

(a) establishing or altering the area of a school zone near the school; or

(b) setting a speed limit pursuant to subsection (1)(d) in a school zone near the school.

(8) A speed limit set on an unpaved road under subsection (1)(c) must be the same for all types of motor vehicles that may be operated on the road.

(9) The violation of a speed limit established under subsections (1)(a) through (1)(c) is a misdemeanor offense and is punishable as provided in 61-8-711 . The violation of a speed limit established under subsection (1)(d) is a misdemeanor offense and is punishable as provided in 61-8-726 .
Mont. Code Ann. § 61-9-435 — MT Code / Title 61 / Chapter 9 / Part 4 / Section 61-9-435
61-9-435 Exhaust noise limitation
Status: in_force

61-9-435 . Exhaust noise limitation. (1) Except as provided in subsection (2), a person may not operate a motor vehicle with an exhaust system that emits a noise in excess of 95 decibels, as measured by the society of automotive engineers' standard j1169 (May 1998).

(2) This section does not apply to a motorcycle or quadricycle that is subject to 61-9-418 .
Mont. Code Ann. § 61-3-411 — MT Code / Title 61 / Chapter 3 / Part 4 / Section 61-3-411
61-3-411 Registration of motor vehicle owned and operated solely as collector's item
Status: in_force

61-3-411 . Registration of motor vehicle owned and operated solely as collector's item. (1) An owner of a motor vehicle, trailer, semitrailer, or pole trailer that is more than 30 years old and that is used solely as a collector's item and is not used for general transportation purposes may file with the department an application for the registration of the motor vehicle, trailer, semitrailer, or pole trailer. The application must state:

(a) the name and address of the owner;

(b) the name and address of the person from whom the motor vehicle, trailer, semitrailer, or pole trailer was purchased;

(c) the make, the gross weight, the year and number of the model, and the manufacturer's identification number and serial number of the motor vehicle, trailer, semitrailer, or pole trailer; and

(d) that the motor vehicle, trailer, semitrailer, or pole trailer is owned and operated solely as a collector's item and not for general transportation purposes.

(2) Upon receipt of the application for registration and payment of the registration fees, including fees in lieu of tax, the department shall file the application and register the motor vehicle, trailer, semitrailer, or pole trailer in the manner specified in 61-3-303 and, unless the applicant chooses to exercise an option allowed in 61-3-412 , shall deliver to the applicant:

(a) for a motor vehicle, trailer, semitrailer, or pole trailer manufactured in 1933 or earlier, two license plates bearing the inscription "Pioneer--Montana" and the registration number; or

(b) for a motor vehicle, trailer, semitrailer, or pole trailer manufactured in 1934 or later and more than 30 years old, two license plates bearing the inscription "Vintage--Montana" and the registration number.

(3) The year of issuance may not be shown on the plates.

(4) Annual renewal of the registration of a motor vehicle, trailer, semitrailer, or pole trailer registered under this section is not required, and the registration is valid as long as the motor vehicle, trailer, semitrailer, or pole trailer is in existence and owned by the initial registrant.
Mont. Code Ann. § 61-8-359 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-359
61-8-359 Riding on motorcycles or quadricycles
Status: in_force

61-8-359 . Riding on motorcycles or quadricycles. (1) A person operating a motorcycle on public streets or highways may ride only upon the permanent and regular seat attached to the motorcycle. The operator may not carry any other person and another person may not ride on a motorcycle unless the motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons or upon another seat firmly attached to the rear or side of the operator.

(2) A passenger may not be carried in a position that will interfere with the operation of the motorcycle or the view of the operator.

(3) A person operating a motorcycle may not carry any packages, bundles, or articles that would prevent the operator from keeping both hands on the handlebars or that would interfere with the operation of the vehicle in a safe and prudent manner.

(4) A person may ride upon a motorcycle only while sitting astride the seat, facing forward, with one leg on each side of the motorcycle.

(5) Except as provided in subsections (5)(a) and (5)(b) and subject to 61-9-101 (4), motorcycles must be operated with lights on at all times when operated on any public roadway. A motorcycle may be operated without lights from one-half hour before sunrise to one-half hour after sunset if:

(a) the motorcycle is registered under 61-3-411 as a collector's item and if persons and vehicles are clearly discernible at a distance of 500 feet; or

(b) the motorcycle is being driven to the nearest repair facility for headlamp repair.

(6) No more than two motorcycles may be operated side by side in a single traffic lane.

(7) All motor vehicles, including motorcycles and quadricycles, are entitled to the full use of a traffic lane, and a vehicle may not be driven or operated in a manner that deprives any other vehicle of the full use of a traffic lane, except that motorcycles may, with the consent of both drivers, be operated no more than two abreast in a single traffic lane.

(8) Every person riding a motorcycle or quadricycle upon a roadway is granted all of the rights and is subject to all of the duties applicable to the driver of a motor vehicle except for those provisions which, by their nature, can have no application.

(9) A person operating a motorcycle or quadricycle shall operate the motorcycle or quadricycle in a reasonable and prudent manner at all times.
Mont. Code Ann. § 61-8-724 — MT Code / Title 61 / Chapter 8 / Part 7 / Section 61-8-724
61-8-724 No-passing zone violation -- penalty
Status: in_force

61-8-724 . No-passing zone violation -- penalty. A person convicted of a violation of 61-8-326 shall be punished upon conviction by imprisonment for a period of not more than 6 months or by a fine of not less than $50 or more than $500 or by both fine and imprisonment.
Mont. Code Ann. § 61-2-103 — MT Code / Title 61 / Chapter 2 / Part 1 / Section 61-2-103
61-2-103 Duties
Status: in_force

61-2-103 . Duties. (1) The governor is responsible for the administration of the highway traffic safety program. The governor may contract and do all other things necessary to secure the full benefits available to this state under the federal Highway Safety Act, 23 U.S.C. 401 through 403, and, in so doing, may cooperate with federal and state agencies, private and public organizations, and individuals to effectuate the purposes of that enactment and all amendments to it. The governor may appoint an administrator of the highway traffic safety program to carry out the governor's responsibilities under this part. For purposes of participation in the federal Highway Safety Act, 23 U.S.C. 401 through 403, the governor shall designate the superintendent of public instruction as the state agency responsible for all aspects of federally assisted driver education and safety programs in the public schools, including the approval of the programs, certification of teachers, and the acceptance, allocation, and expenditure of funds for driver education in accordance with applicable federal laws and regulations. Nothing in this part interferes with the provisions of Title 20, chapter 7, part 5, or 20-9-603 .

(2) The department shall:

(a) advise and assist the governor in all matters of highway safety;

(b) establish a continuing and adequate research program designed to determine the causes of accidents and effect a program of prevention; and

(c) cooperate with the office of public instruction to provide support and maintenance of driver training facilities that comply with the federal Highway Safety Act, 23 U.S.C. 401 through 403.

(3) The department of justice shall:

(a) establish a uniform system of driver licensing, including mental and physical standards; and

(b) prescribe and establish safety regulations for motor vehicles and operators.
Mont. Code Ann. § 61-3-704 — MT Code / Title 61 / Chapter 3 / Part 7 / Section 61-3-704
61-3-704 Penalty
Status: in_force

61-3-704 . Penalty. Any person operating a motor vehicle, trailer, semitrailer, or pole trailer in violation of the intent and purpose of 61-3-701 or 61-3-702 is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $10 or more than $50, confined in the county jail for not more than 30 days, or both.
Mont. Code Ann. § 61-9-518 — MT Code / Title 61 / Chapter 9 / Part 5 / Section 61-9-518
61-9-518 Violation of motorcycle or quadricycle requirements -- penalty
Status: in_force

61-9-518 . Violation of motorcycle or quadricycle requirements -- penalty. A person convicted of the violation of 61-9-417 shall be fined $5.
Mont. Code Ann. § 61-6-304 — MT Code / Title 61 / Chapter 6 / Part 3 / Section 61-6-304
61-6-304 Penalties
Status: in_force

61-6-304 . Penalties. (1) Conviction of a first offense under 61-6-301 or 61-6-302 is punishable by a fine of not less than $250 or more than $500. A second conviction is punishable by a fine of $350. A third or subsequent conviction is punishable by a fine of $500 or by imprisonment in the county jail for not more than 10 days, or both.

(2) Upon a second or subsequent conviction under 61-6-301 or 61-6-302 , the sentencing court shall order the surrender of the vehicle registration receipt and license plates for the vehicle operated at the time of the offense if that vehicle was operated by the registered owner or a member of the registered owner's immediate family or by a person whose operation of that vehicle was authorized by the registered owner. The court shall report the surrender of the registration receipt and license plates to the department, which shall immediately suspend the vehicle's registration. The vehicle's registration status may not be reinstated until proof of compliance with 61-6-301 is furnished to the department, but if the vehicle is transferred to a new owner, the new owner is entitled to register the vehicle. The surrendered license plates must be recycled or destroyed by the court unless the court decides to retain the license plates for the owner until the registration suspension has been completed or the requirements for a restricted registration receipt have been met. Upon proof of compliance with 61-6-301 and payment of fees required under 61-3-333 for replacement license plates and registration decal and under 61-3-341 for a replacement registration receipt, during the period of 90 days from the date of a second conviction or 180 days from the date of a third or subsequent conviction, the department shall issue a restricted registration receipt to the offender. A restricted registration receipt limits the use of the motor vehicle operated at the time of the offense to use solely for employment purposes until the date indicated on the restricted registration receipt.

(3) Upon a fourth or subsequent conviction under 61-6-301 or 61-6-302 , the court shall order the surrender of the driver's license of the offender, if the vehicle operated at the time of the offense was registered to the offender or a member of the offender's immediate family. The court shall send the driver's license, along with a copy of the complaint and the dispositional order, to the department, which shall immediately suspend the driver's license. The department may not reinstate a driver's license suspended under this subsection until the registered owner provides the department proof of compliance with 61-6-301 and the department determines that the registered owner is otherwise eligible for licensure.

(4) An offender is considered to have been previously convicted for the purposes of sentencing if less than 5 years have elapsed between the commission of the present offense and a previous conviction.
Mont. Code Ann. § 61-10-209 — MT Code / Title 61 / Chapter 10 / Part 2 / Section 61-10-209
61-10-209 Monthly payment -- quarterly payment -- penalty for failure to pay fee
Status: in_force

61-10-209 . Monthly payment -- quarterly payment -- penalty for failure to pay fee. (1) When the gross weight of a vehicle exceeds 24,000 pounds, the gross weight or special fees for trucks, tractors, or buses may be paid for a 1-month period for one-twelfth the regular fee or for a 3-month period for one-fourth the regular fee at the beginning of any quarter of the calendar year. For each fee paid other than at the time of payment of the annual vehicle registration fee, an additional fee of $5 must be charged. The department may adopt rules relative to the issuance and display of certificates or insignia, which must state the months for which the vehicle is licensed.

(2) A vehicle licensed under this section may not be operated over the public highways after the expiration of:

(a) the 1-month period until the owner pays the required fee for a license for an additional 1-month or 3-month period or for the remainder of the year; or

(b) the 3-month period unless the owner or operator of the vehicle, within 10 calendar days or 7 business days as provided by law, whichever is greater, pays the required fee for a license for an additional 1-month or 3-month period or for the remainder of the year.

(3) A person who operates a vehicle upon the public highways in violation of subsection (2) is guilty of a misdemeanor.
Mont. Code Ann. § 61-3-341 — MT Code / Title 61 / Chapter 3 / Part 3 / Section 61-3-341
61-3-341 Lost certificates
Status: in_force

61-3-341 . Lost certificates. In the event any certificate of registration shall be lost, mutilated, or become illegible, the person to whom the same shall have been issued shall immediately make application for and may obtain a duplicate thereof, upon furnishing satisfactory information to the department of such facts and upon payment of a fee of $2.
Mont. Code Ann. § 61-3-446 — MT Code / Title 61 / Chapter 3 / Part 4 / Section 61-3-446
61-3-446 Retention of special license plates
Status: in_force

61-3-446 . Retention of special license plates. If during a registration year the holder of special license plates issued under 61-3-332 (8) or generic specialty license plates issued as provided in 61-3-472 through 61-3-481 disposes of the motor vehicle to which the plates are affixed, the holder may retain the plates and transfer them to another vehicle under 61-3-335 .
Mont. Code Ann. § 61-3-324 — MT Code / Title 61 / Chapter 3 / Part 3 / Section 61-3-324
61-3-324 Fleet registration -- application -- additions to and deletions from fleet
Status: in_force

61-3-324 . Fleet registration -- application -- additions to and deletions from fleet. (1) A person owning or leasing a fleet may register the fleet annually through the department in lieu of registering each motor vehicle, trailer, semitrailer, or pole trailer in its domicile.

(2) The fleet owner or lessor and the department may enter into an agreement to change the registration period for the fleet in a manner that comports with the requirements of 61-3-311 (3).

(3) A motor vehicle, trailer, semitrailer, or pole trailer may be added to the fleet at any time during the registration period. If a certificate of title for a vehicle to be added to the fleet has not been issued by the department, the fleet owner or lessor may submit the application for certificate of title directly to the department.

(4) A motor vehicle, trailer, semitrailer, or pole trailer may be removed from a fleet if the fleet owner or lessor notifies the department of its removal. Upon receipt of the notice, the department shall cancel the vehicle's registration.
Mont. Code Ann. § 61-3-314 — MT Code / Title 61 / Chapter 3 / Part 3 / Section 61-3-314
61-3-314 Registration period
Status: in_force

61-3-314 . Registration period. For the purposes of this chapter, there are 12 registration periods to which a motor vehicle may be assigned. Each registration period commences on the first day of a calendar month. The periods are:

(1) January 1 through January 31 1st period (2) February 1 through February 28/29 2nd period (3) March 1 through March 31 3rd period (4) April 1 through April 30 4th period (5) May 1 through May 31 5th period (6) June 1 through June 30 6th period (7) July 1 through July 31 7th period (8) August 1 through August 31 8th period (9) September 1 through September 30 9th period (10) October 1 through October 31 10th period (11) November 1 through November 30 11th period (12) December 1 through December 31 12th period
Mont. Code Ann. § 61-4-307 — MT Code / Title 61 / Chapter 4 / Part 3 / Section 61-4-307
61-4-307 Display of plates
Status: in_force

61-4-307 . Display of plates. A motor vehicle or combination of motor vehicles transported over the highways of the state by a permitholder shall display in a prominent position on the motor vehicle the distinctive transit plates or devices, with the towing motor vehicle displaying the plates or device on the front of the motor vehicle and a towed motor vehicle displaying the plates on the rear of the motor vehicle.
Mont. Code Ann. § 61-3-480 — MT Code / Title 61 / Chapter 3 / Part 4 / Section 61-3-480
61-3-480 Fees for generic specialty license plates -- disposition
Status: in_force

61-3-480 . Fees for generic specialty license plates -- disposition. (1) In addition to the other fees and taxes imposed by law, an eligible person who applies for a generic specialty license plate shall pay an administrative fee of $20 and, except as provided in 61-3-479 (1)(b), the donation fee specified by the sponsor.

(2) The county treasurer or an authorized agent shall, upon receipt of the fees:

(a) deposit $5 of the $20 administrative fee in the county general fund;

(b) notwithstanding any other provisions of Title 7, Title 17, or this title and unless otherwise provided in 61-3-479 (1)(b), accept the donation fee paid by the plate purchaser; and

(c) as provided in 15-1-504 , once each month, transmit to the state for distribution:

(i) $10 of the $20 administrative fee for deposit in the account provided in 61-6-158 ;

(ii) $5 of the administrative fee to the state general fund; and

(iii) all donation fees provided for in subsections (1) and (3), along with a schedule showing the number and type of generic specialty license plates issued and total donations received for the benefit of each sponsor of a generic specialty license plate issued or renewed, to each respective sponsor.

(3) If the donation fee is required by a sponsor upon renewal of generic specialty license plates, the fee must be paid to the county treasurer or an authorized agent upon renewal of registration and transmitted to the state as prescribed in subsection (2).

(4) Once each month, the state shall distribute to the generic specialty license plate liaison designated by a sponsor under 61-3-475 (1)(c) or 61-3-476 (1)(c) an amount equal to the total donations credited to that sponsor and transferred to the department of revenue by the county treasurers during the preceding month.
Mont. Code Ann. § 61-5-402 — MT Code / Title 61 / Chapter 5 / Part 4 / Section 61-5-402
61-5-402 Department as licensing authority -- information and documents to be furnished
Status: in_force

61-5-402 . Department as licensing authority -- information and documents to be furnished. As used in the compact, the term "licensing authority" with reference to this state shall mean the department of justice. The department shall furnish to the appropriate authorities of any other party state any information or documents reasonably necessary to facilitate the administration of Articles III, IV, and V of the compact.
Mont. Code Ann. § 61-4-505 — MT Code / Title 61 / Chapter 4 / Part 5 / Section 61-4-505
61-4-505 Dealer exemption -- liability to manufacturer
Status: in_force

61-4-505 . Dealer exemption -- liability to manufacturer. (1) This part does not impose any liability on a dealer or create a cause of action by a consumer against a dealer under 61-4-503 .

(2) A dealer is not liable to a manufacturer for any refunds or motor vehicle replacements in the absence of evidence indicating that repairs made by the dealer were carried out in a manner inconsistent with the manufacturer's instructions.
Mont. Code Ann. § 61-9-202 — MT Code / Title 61 / Chapter 9 / Part 2 / Section 61-9-202
61-9-202 Visibility distance and mounted height of lamps
Status: in_force

61-9-202 . Visibility distance and mounted height of lamps. (1) Whenever requirement is hereinafter declared as to the distance from which certain lamps and devices shall render objects visible or within which such lamps or devices shall be visible, said provisions shall apply during the times stated in 61-9-201 in respect to a vehicle without load when upon a straight, level, unlighted highway under normal atmospheric conditions unless a different time or condition is expressly stated.

(2) Whenever requirement is hereinafter declared as to the mounted height of lamps or devices it shall mean from the center of such lamp or device to the level ground upon which the vehicle stands when such vehicle is without a load.
Mont. Code Ann. § 61-10-122 — MT Code / Title 61 / Chapter 10 / Part 1 / Section 61-10-122
61-10-122 Discretion of issuer -- conditions
Status: in_force

61-10-122 . Discretion of issuer -- conditions. The department of transportation or local authority may issue or withhold a special permit at its discretion or, if the permit is issued, limit the number of trips or establish seasonal or other time limitations within which the vehicle, combination of vehicles, load, object, or other thing described may be operated on the public highways indicated, or otherwise limit or prescribe conditions of operation of the vehicle, combination of vehicles, load, object, or other thing when necessary to assure against damage to the road foundation, surfaces, or structures or safety of traffic, and may require an undertaking or other security considered necessary to compensate for injury to a roadway or road structure. During harvest no permit may be denied to oversize harvest or harvest-related agricultural machinery solely on the grounds that the travel takes place on a Saturday or Sunday. No permit may be denied to dealers in implements of husbandry and self-propelled machinery solely on the grounds that the travel may take place on a Saturday or Sunday.
Mont. Code Ann. § 61-4-108 — MT Code / Title 61 / Chapter 4 / Part 1 / Section 61-4-108
61-4-108 Exemptions
Status: in_force

61-4-108 . Exemptions. (1) This part does not require licensure of, or restrict or prohibit a financial institution, as defined in 32-6-103 :

(a) in the selling of collateral repossessed on default of a loan made by the financial institution;

(b) in the conduct of a motor vehicle sales promotion in affiliation with one or more licensed dealers; or

(c) in the conduct of a motor vehicle sales promotion in affiliation with a person regularly engaged in a bona fide vehicle rental business if the purpose of the sale is to dispose of used motor vehicles used in the rental business.

(2) This part does not require licensure of an auctioneer whose business consists primarily of the sale of personal property other than motor vehicles.

(3) This part does not require licensure of a licensed real estate broker or agent lawfully buying, selling, exchanging, taking on consignment, or acting as a broker of mobile homes.
Mont. Code Ann. § 61-3-535 — MT Code / Title 61 / Chapter 3 / Part 5 / Section 61-3-535
61-3-535 Motor vehicle registration renewal -- reminder notice and renewal by mail
Status: in_force

61-3-535 . Motor vehicle registration renewal -- reminder notice and renewal by mail. (1) The owner of a motor vehicle subject to renewal of registration under 61-3-312 may renew the registration of a motor vehicle by mail or by electronic methods when the value, age, length, weight, or other criteria used to determine the tax or fee for a particular type of motor vehicle are available to the department by electronic means.

(2) Any mail renewal procedure developed by the department may:

(a) include a procedure to facilitate automated handling of mail renewal, including issuance of replacement plates when required by statute;

(b) include a procedure to verify compliance with 61-6-301 using the system provided in 61-6-157 ; or

(c) provide for a reminder notice to the owner of a motor vehicle of the requirement to renew the vehicle's registration.