Mont. Code Ann. § 61-4-205 — MT Code / Title 61 / Chapter 4 / Part 2 / Section 61-4-205
61-4-205 Limitations on cancellation and termination
Status: in_force

61-4-205 . Limitations on cancellation and termination. (1) Notwithstanding the terms, provisions, or conditions of any agreement or franchise, a franchisor may not cancel, terminate, or refuse to continue a franchise unless the franchisor has cause for termination or noncontinuance.

(2) A franchisor may not enter into a franchise for the purpose of establishing an additional new motor vehicle dealership in any community in which the same line-make is then represented unless there is good cause for an additional new motor vehicle dealership under a franchise and it is in the public interest.

(3) (a) If a franchisor seeks to terminate or not continue a franchise or seeks to enter into a franchise establishing an additional new motor vehicle dealership of the same line-make, the franchisor shall, not less than 60 days prior to the intended action, and the franchisee may, at any time, file a notice with the department of intention to terminate or not continue the franchise or to enter into a franchise for additional representation of the same line-make. A notice of intention to terminate or not continue a franchise is not required from a franchisor until the conclusion of any review proceeding of that intention offered to the franchisee under the franchise. This section does not apply to an intended termination or noncontinuance of a franchise that the franchisee elects voluntarily, pursuant to a plan established by a franchisor, to submit to binding arbitration.

(b) The notice to be filed with the department of a franchisor's intention to enter into a franchise for additional representation of the same line-make must name the proposed additional franchisee and must identify by legal description or street address the additional location in the community. A change in the identity of the proposed additional franchisee or of the additional location in the community may only be accomplished by the withdrawal of the initial notice and the filing of a new notice. No more than one notice of intention to enter into a franchise for additional representation of the same line-make in the same community may be made by a franchisor within 3 calendar years of the date of final disposition of a notice of intention.

(c) If good cause is not found under this part or if the franchisor withdraws or dismisses a proceeding under this part, a franchisee who objected to a proceeding initiated by a franchisor under this part is entitled to recover from the franchisor reasonable attorney fees, costs, and expenses, including expert witness and consultant fees incurred in resisting the proceeding.

(4) Upon receiving a notice of intention under the provisions of subsection (3), the department shall, within 5 days of receipt of a notice of intention, send by certified mail, with return receipt requested, a copy of the notice to the franchisor and to the franchisee whose franchise the franchisor seeks to establish, terminate, or not continue. If the notice states an intent to establish an additional new motor vehicle dealership, a copy of the notice must be sent within 5 days of receipt to all franchisees in the community who are then engaged in the business of offering to sell or selling the same line-make. Copies of notices must be addressed to the principal place of business of each recipient and to the statutory agent of each corporate recipient. The department may also give a copy of the franchisor's notice to any other parties whom the department may consider interested persons.

(5) In instances where the change in ownership has the effect of the sale of the franchise, the franchisor may not without good cause withhold its consent to the sale. Good cause relates only to the transferee's financial and managerial capabilities or to the inability of the transferee to comply with a state or federal law relating to new motor vehicle dealerships. The burden of establishing good cause is upon the franchisor.

(6) Notwithstanding the terms, provisions, or conditions of an agreement or franchise, in the event of the sale or transfer of ownership of the franchisee's dealership by sale or transfer of the business or by stock transfer to the dealer's or wholesaler's spouse or child, the franchisor shall give effect to the sale or transfer of ownership in the franchise unless the transfer of the franchisee's new motor vehicle dealer's or wholesaler's license is denied or the new owner is unable to obtain a license under the laws of this state.

(7) If a franchisor enters into or attempts to enter into a franchise, whether upon termination or refusal to continue another franchise or upon the establishment of an additional new motor vehicle dealership in a community where the same line-make is then represented, without first complying with the provisions of this part, a license under Title 23 or 61-4-101 may not be issued to that franchisee or proposed franchisee to engage in the business of selling new motor vehicles manufactured or distributed by that franchisor.

(8) A franchisor shall, unless a new franchisor of the line-make continues or replaces the dealer's franchise under subsection (10), compensate the dealer as provided in subsection (9) if the franchisor renders itself incapable of performing under a franchise agreement or renders a distributor incapable of performing under a franchise agreement by:

(a) selling or otherwise transferring some or all of the assets essential to the manufacture or distribution of the line-make covered by the franchise agreement;

(b) ceasing production of the line-make; or

(c) terminating, canceling, or not renewing the distributor's rights to distribute the line-make.

(9) (a) A franchisor considered incapable of performing under subsection (8) shall compensate the affected dealer in an amount equal to the greater of:

(i) the actual pecuniary loss that the dealer and its owners suffered as a result of the termination, cancellation, or failure to renew; or

(ii) the higher of the fair market value of the franchise on the following dates:

(A) the effective date of the termination, cancellation, or failure to renew;

(B) the date 1 year prior to the effective date of termination, cancellation, or failure to renew; or

(C) the day prior to the date on which the franchisor announces the action that results in the termination, cancellation, or failure to renew.

(b) The compensation required by this subsection (9) must be paid to the dealer within 30 days of the affected parties' mutual agreement in writing as to the amount of the compensation. If an agreement on compensation is not reached within 90 days of the effective date of the termination, cancellation, or failure to renew, an affected dealer may bring an action for a determination of the amount of compensation due and for recovery of that amount, plus costs and attorney fees.

(10) If, as a result of any of the circumstances described in subsection (8), an entity other than the original manufacturer or distributor of a line-make becomes the manufacturer or distributor for the line-make and intends to distribute motor vehicles of that line-make in this state, the entity shall honor the franchise agreements of the original franchisor and its dealers or offer those dealers a new franchise agreement for the line-make on substantially similar terms and conditions.

(11) The franchisor that is terminating, canceling, or not renewing a franchise agreement pursuant to subsection (8) shall:

(a) authorize the franchisee or another new motor vehicle dealer of the franchisor in the area to continue servicing and supplying parts, including service and parts pursuant to a warranty issued by the franchisor for any goods or services marketed by the franchisee pursuant to the motor vehicle franchise for a period of not less than 5 years from the effective date of the termination, cancellation, or nonrenewal; and

(b) continue to reimburse the franchisee or another new motor vehicle dealer of the franchisor in the area for warranty parts and service in an amount and on terms not less favorable than those in effect prior to the termination, cancellation, or nonrenewal.

(12) The franchisor shall continue to supply the franchisee whose agreement is terminated, canceled, or not renewed pursuant to subsection (8) or another new motor vehicle dealer of the franchisor in the area with replacement parts for any goods or services marketed by the franchisee pursuant to the franchise agreement for a period of not less than 5 years from the effective date of the termination, cancellation, or nonrenewal at the same price and terms as the franchisor supplies the parts, goods, or services to the remaining franchisees of the franchisor or if there are not any remaining franchisees, at a price and on terms not less favorable than those in effect prior to the termination, cancellation, or nonrenewal.

(13) If the franchisee continues to service motor vehicles and sell parts after the termination, cancellation, or nonrenewal of the franchise agreement pursuant to subsection (8), the compensation paid to the franchisee pursuant to subsection (9) must be reduced to the extent, if any, of the fair market value of the right to continue to service motor vehicles and sell parts as of the effective date of the termination, cancellation, or nonrenewal.
Mont. Code Ann. § 61-6-309 — MT Code / Title 61 / Chapter 6 / Part 3 / Section 61-6-309
61-6-309 Law enforcement use of verification system
Status: in_force

61-6-309 . Law enforcement use of verification system. (1) Notwithstanding the requirements of 61-6-302 , a peace officer or authorized employee of a law enforcement agency may, during the course of a traffic stop or accident investigation, access the verification system provided under 61-6-157 to verify whether a motor vehicle is covered by a valid motor vehicle liability policy that meets the requirements of 61-6-103 and 61-6-301 .

(2) (a) Except as provided in subsection (2)(b), the response received from the system supersedes an insurance card or electronic document showing proof of compliance with 61-6-301 produced or displayed by a vehicle owner or operator, and notwithstanding the display of an insurance card or electronic document by the owner or operator, the peace officer may issue a complaint and notice to appear to the owner or operator for a violation of 61-6-301 or 61-6-302 .

(b) Subsection (2)(a) does not apply if the vehicle is:

(i) covered under a commercial automobile insurance coverage policy;

(ii) part of a self-insured fleet as provided in 61-6-143 ; or

(iii) included in an insurance binder, as allowed by 33-15-411 , that has not been entered into the system at the time the system is accessed under subsection (1) of this section.

(3) Except upon reasonable cause to believe that a driver has violated another traffic regulation or that the driver's vehicle is unsafe or not equipped as required by law, a peace officer may not use the verification system to stop a driver for operating a motor vehicle in violation of 61-6-301 .
Mont. Code Ann. § 61-9-401 — MT Code / Title 61 / Chapter 9 / Part 4 / Section 61-9-401
61-9-401 Horns, security alarms, and warning devices
Status: in_force

61-9-401 . Horns, security alarms, and warning devices. (1) A motor vehicle when operated upon a highway must be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than 200 feet. A horn or other warning device may not emit an unreasonably loud or harsh sound or a whistle. The driver of a motor vehicle shall when reasonably necessary to ensure safe operation give audible warning with the horn but may not otherwise use the horn when upon a highway.

(2) A vehicle may not be equipped with and a person may not use upon a vehicle a siren, whistle, or bell, except as otherwise permitted in this section.

(3) A vehicle may be equipped with a security alarm signal device that cannot be used by the driver as an ordinary warning signal while the vehicle is in motion.

(4) An authorized emergency vehicle may be equipped with a siren, whistle, or bell capable of emitting sound audible under normal conditions from a distance of not less than 500 feet and of a type approved by the department. The siren may not be used except when the vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which event the driver of the vehicle shall sound the siren when reasonably necessary to warn pedestrians and other drivers of the vehicle's approach.
Mont. Code Ann. § 61-8-319 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-319
61-8-319 Slowing down when approaching agricultural vehicles -- definitions
Status: in_force

61-8-319 . Slowing down when approaching agricultural vehicles -- definitions. (1) The operator of a motor vehicle when approaching an agricultural vehicle that is traveling in the same direction on a highway:

(a) shall cautiously and carefully reduce the vehicle's speed to the speed of the agricultural vehicle; and

(b) may pass the agricultural vehicle where passing is allowed.

(2) The operator of a motor vehicle when approaching an agricultural vehicle traveling in a different direction shall cautiously and carefully reduce the vehicle's speed to a speed that is one-half the speed of the posted speed limit. If there are multiple lanes of traffic that the operator of a motor vehicle subject to this subsection (2) may be traveling in, the operator shall move out of the lane closest to the center line when it is safe to do so.

(3) The operator of an agricultural vehicle behind which a line of vehicles has formed shall turn off the highway at the nearest area where a sufficient and safe turnout exists in order to permit the vehicles following it to proceed. If the shoulder of the highway to the right of the slow-moving vehicle is wide enough and is in a condition that allows safe travel, the operator of the agricultural vehicle may drive onto the shoulder and proceed at a safe speed until the other vehicles have passed.

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

(a) "Agricultural vehicle" means:

(i) a farm tractor as defined in 61-9-102 ;

(ii) an implement of husbandry as defined in 61-1-101 ;

(iii) a self-propelled farm equipment unit;

(iv) a combination of farm tractor and towed unit of farm equipment or implement of husbandry; or

(v) a vehicle used for hauling hay, straw, or both.

(b) "Highway" has the same meaning as provided in 61-1-101 .

(c) "Motor vehicle" has the same meaning as provided in 61-1-101 .
Mont. Code Ann. § 61-6-201 — MT Code / Title 61 / Chapter 6 / Part 2 / Section 61-6-201
61-6-201 Liability of owner for negligence of employee driver
Status: in_force

61-6-201 . Liability of owner for negligence of employee driver. The owner of a vehicle running or traveling upon any highway or road for the conveyance of passengers is liable for all damage to person or property done by any person in the owner's employment as a driver while driving the vehicle, whether done willfully or negligently or otherwise, in the same manner that driver would be liable.
Mont. Code Ann. § 61-9-315 — MT Code / Title 61 / Chapter 9 / Part 3 / Section 61-9-315
61-9-315 Brakes on motor-driven cycles
Status: in_force

61-9-315 . Brakes on motor-driven cycles. (1) The department is authorized to require an inspection of the brake on any motor-driven cycle and to disapprove any brake which it finds will not comply with the performance ability standard set forth in this part or which in its opinion is not designed or constructed to insure reasonable and reliable performance in actual use.

(2) The department may refuse to register or may suspend or revoke the registration of any vehicle referred to in this section when it has been determined that the brake thereon does not comply with the provisions of this section.

(3) No person may operate on any highway any vehicle referred to in this section if the department has disapproved the brake equipment upon such vehicle or type of vehicle.
Mont. Code Ann. § 61-4-401 — MT Code / Title 61 / Chapter 4 / Part 4 / Section 61-4-401
61-4-401 Declaration of policy
Status: in_force

61-4-401 . Declaration of policy. It is hereby declared to be the policy of this state that free and unrestrained competition shall prevail in the business of financing the purchase or sale of motor vehicles.
Mont. Code Ann. § 61-6-135 — MT Code / Title 61 / Chapter 6 / Part 1 / Section 61-6-135
61-6-135 Notice of cancellation or termination of certified policy
Status: in_force

61-6-135 . Notice of cancellation or termination of certified policy. When an insurance carrier has certified a motor vehicle liability policy under 61-6-133 or a policy under 61-6-134 , the insurance so certified shall not be canceled or terminated until at least 10 days after a notice of cancellation or termination of the insurance so certified shall be filed in the office of the department, except that such a policy subsequently procured and certified shall on the effective date of its certification terminate the insurance previously certified with respect to any motor vehicle designated in both certificates.
Mont. Code Ann. § 61-2-505 — MT Code / Title 61 / Chapter 2 / Part 5 / Section 61-2-505
61-2-505 Grant awards -- appeals
Status: in_force

61-2-505 . Grant awards -- appeals. (1) If the department denies an application for a grant, the applicant may appeal the decision in writing to the director of the department.

(2) After considering the emergency medical service provider's appeal and the rules in place for reviewing and awarding grants, the director shall affirm or deny the appeal in writing.

(3) There is no further appeal if the director denies the appeal.
Mont. Code Ann. § 61-10-221 — MT Code / Title 61 / Chapter 10 / Part 2 / Section 61-10-221
61-10-221 Purpose of fees
Status: in_force

61-10-221 . Purpose of fees. The fees provided in this part are in consideration of the right to use the highways of the state of Montana.
Mont. Code Ann. § 61-3-311 — MT Code / Title 61 / Chapter 3 / Part 3 / Section 61-3-311
61-3-311 Registration -- time periods
Status: in_force

61-3-311 . Registration -- time periods. (1) Unless a motor vehicle, trailer, semitrailer, or pole trailer is subject to permanent registration under this title and except as provided in 61-3-313 , 61-3-701 , 61-3-721 , and subsection (3) of this section, the department, an authorized agent, or a county treasurer shall, upon original registration of a motor vehicle in this state, assign each motor vehicle to a registration period, as provided in 61-3-316 , based upon the calendar month in which the motor vehicle is first registered in this state and designate the calendar year in which the current registration will expire.

(2) Each registration period commences on the first day of the calendar month in the calendar year in which the motor vehicle is registered and the motor vehicle's registration expires on the earlier of:

(a) the last day of the month preceding the anniversary of the registration period for the year designated on the motor vehicle's registration decal if the motor vehicle is registered for a minimum 12-month period;

(b) the last day of the month preceding the anniversary of the registration period for the year designated on the motor vehicle's registration decal if the motor vehicle is registered for a period of at least 13 but less than 25 months; or

(c) the transfer of ownership of the motor vehicle, trailer, semitrailer, or pole trailer to another person.

(3) (a) Upon request of the motor vehicle owner, a county treasurer or an authorized agent may assign a motor vehicle to a registration period, as provided in 61-3-316 , other than a registration period beginning in the calendar month in which the motor vehicle is first registered in this state if at least 13 but less than 25 months will elapse between the first day of the calendar month in which the motor vehicle is registered and the last day of the month preceding the anniversary of the requested registration period in the year designated on the motor vehicle's registration decal.

(b) The county treasurer or an authorized agent shall determine fees imposed for a motor vehicle registered for a period between 13 and 24 months. All registration fees, fees in lieu of tax, or local option taxes or fees that are imposed on an annual basis must be prorated based on the number of months in the requested registration period.

(c) A motor vehicle registered under the provisions of 61-3-303(4)(b) may not be registered under this subsection (3).

(4) If a motor vehicle, trailer, semitrailer, or pole trailer is permanently registered under the provisions of this chapter, the registration is not subject to expiration unless the registered owner of the motor vehicle, trailer, semitrailer, or pole trailer transfers ownership of the vehicle to another person.
Mont. Code Ann. § 61-8-380 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-380
61-8-380 Funeral procession right-of-way -- funeral lead vehicle and funeral escort vehicle in funeral procession
Status: in_force

61-8-380 . Funeral procession right-of-way -- funeral lead vehicle and funeral escort vehicle in funeral procession. (1) Except as provided in subsection (4), pedestrians and operators of motor vehicles shall yield the right-of-way to a motor vehicle that is part of a funeral procession being led by a funeral lead vehicle or a funeral escort vehicle.

(2) After a funeral lead vehicle enters an intersection, the other vehicles in the funeral procession may continue to follow the funeral lead vehicle through the intersection despite any official traffic control device, right-of-way provisions of this chapter, or local ordinance if the operator exercises reasonable care toward any other vehicle or pedestrian. When the funeral lead vehicle arrives at an intersection, it must comply with the requirements of any official traffic control device, right-of-way provision of this chapter, and local ordinance.

(3) Except as provided in subsection (4), a driver of a funeral escort vehicle may direct the drivers of other vehicles in a funeral procession to proceed through an intersection or to make turns or other movements despite any official traffic control device. The driver of a funeral escort vehicle may direct and control the drivers of vehicles not in a funeral procession, including those in or approaching an intersection, to stop, proceed, or make turns or other movements without regard to an official traffic control device. Persons directing traffic shall comply with the requirements for a flag person as defined in 61-8-102 . However, use of a funeral escort vehicle is not required.

(4) A vehicle in a funeral procession has the right-of-way at intersections regardless of official traffic control devices provided the driver of that vehicle and the drivers of all vehicles in the funeral procession meet all the requirements of 61-8-379 through 61-8-384 , except that an operator of a vehicle in a funeral procession shall yield the right-of-way to an approaching authorized emergency vehicle giving an audible or visual signal or when directed to do so by a highway patrol officer or police officer. This section does not relieve the driver of a vehicle in a funeral procession from the duty to drive with due regard for the safety of all persons using the highway.
Mont. Code Ann. § 61-12-312 — MT Code / Title 61 / Chapter 12 / Part 3 / Section 61-12-312
61-12-312 Contract not to be misrepresented
Status: in_force

61-12-312 . Contract not to be misrepresented. No company and no officer or agent thereof shall orally or in writing misrepresent the terms, benefits, or privileges of any service contract issued or to be issued by it.
Mont. Code Ann. § 61-9-303 — MT Code / Title 61 / Chapter 9 / Part 3 / Section 61-9-303
61-9-303 Parking brakes -- adequacy
Status: in_force

61-9-303 . Parking brakes -- adequacy. Every such vehicle and combination of vehicles, except motorcycles, quadricycles, and motor-driven cycles, shall be equipped with parking brakes adequate to hold the vehicle on any grade on which it is operated, under all conditions of loading, on a surface free from snow, ice, or loose material. The parking brakes shall be capable of being applied in conformance with the foregoing requirements by the driver's muscular effort or by spring action or by equivalent means. Their operation may be assisted by the service brakes or other source of power, provided that failure of the service brake actuation system or other power assisting mechanism will not prevent the parking brakes from being applied in conformance with the foregoing requirements. The parking brakes shall be so designed that when once applied they shall remain applied with the required effectiveness despite exhaustion of any source of energy or leakage of any kind. The same brake drums, brake shoes and lining assemblies, brake shoe anchors and mechanical brake shoe actuation mechanism normally associated with the wheel brake assemblies may be used for both the service brakes and the parking brakes. If the means of applying the parking brakes and the service brakes are connected in any way, they shall be so constructed that failure of any one part shall not leave the vehicle without operative brakes.
Mont. Code Ann. § 61-3-213 — MT Code / Title 61 / Chapter 3 / Part 2 / Section 61-3-213
61-3-213 Certificate of title -- custom vehicle, street rod, kit vehicle, or specially constructed vehicle
Status: in_force

61-3-213 . Certificate of title -- custom vehicle, street rod, kit vehicle, or specially constructed vehicle. (1) When a person applies for a certificate of title for a custom vehicle or street rod and a certificate of title is issued or an electronic record of title is created pursuant to this chapter, the certificate of title or electronic record of title must provide:

(a) the model year and year of manufacture of the body of the vehicle that the custom vehicle or street rod resembles as the model year and year of manufacture for the custom vehicle or street rod;

(b) a vehicle description of the custom vehicle or street rod if the vehicle is a custom vehicle built to resemble a vehicle manufactured after 1948 and at least 25 years before the current calendar year or a street rod built to resemble a vehicle manufactured before 1949; and

(c) if there is no manufacturer's certificate of origin for the custom vehicle or street rod, the vehicle identification number from the chassis or frame of the custom vehicle or street rod or a state-assigned vehicle identification number.

(2) When a person applies for a certificate of title for a kit vehicle, excluding a kit vehicle that qualifies as a custom vehicle or street rod, and a certificate of title is issued or an electronic record of title is created pursuant to this chapter, the certificate of title or electronic record of title must list:

(a) the model year and year of manufacture as contained on the manufacturer's certificate of origin for the kit vehicle or, if a manufacturer's certificate of origin does not exist, the calendar year in which application for title was made;

(b) a vehicle description of the kit vehicle; and

(c) in the absence of a manufacturer's certificate of origin for the kit vehicle, the vehicle identification number from the chassis or frame of the donor vehicle or a state-assigned vehicle identification number.

(3) When a person applies for a certificate of title for a specially constructed vehicle and a certificate of title is issued or an electronic record of title is created pursuant to this chapter, the certificate of title or electronic record of title must list:

(a) the model year and year of manufacture as the calendar year in which application for title was made;

(b) a vehicle description, as determined by the department, of the assembled or custom-built vehicle; and

(c) the vehicle identification number, if any, from the chassis or frame of the vehicle or a state-assigned vehicle identification number.

(4) Prior to assignment of a state-assigned vehicle identification number or to confirm a vehicle identification number from the chassis or frame of a custom vehicle, street rod, or specially constructed vehicle, the department may require a vehicle inspection.
Mont. Code Ann. § 61-12-701 — MT Code / Title 61 / Chapter 12 / Part 7 / Section 61-12-701
61-12-701 Disposition of fines and forfeitures
Status: in_force

61-12-701 . Disposition of fines and forfeitures. All fines and forfeitures collected in any court, except a justice's court, for violation of the laws and regulations relating to the use of state highways and the operation of vehicles on state highways, if the apprehension or arrest was by a highway patrol officer, must be paid to the department of revenue for credit to the state general fund or, if the apprehension or arrest was by a sheriff or deputy sheriff, must be paid to the county treasurer for deposit in the county general fund, except for that portion of the fines otherwise allocated by law, which must be paid into the appropriate accounts in the state special revenue fund.
Mont. Code Ann. § 61-8-363 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-363
61-8-363 Following fire apparatus prohibited
Status: in_force

61-8-363 . Following fire apparatus prohibited. The operator of a vehicle other than one on official business may not follow a fire apparatus traveling in response to a fire call closer than 500 feet or drive into or stop the vehicle within 500 feet of where the fire apparatus has stopped in answer to a fire call.
Mont. Code Ann. § 61-8-604 — MT Code / Title 61 / Chapter 8 / Part 6 / Section 61-8-604
61-8-604 Clinging to vehicles
Status: in_force

61-8-604 . Clinging to vehicles. A person riding on any bicycle, coaster, moped, motorized scooter, roller skates, sled, or toy vehicle may not attach the conveyance or be attached to any vehicle on a roadway, but a bicycle trailer may be attached to a bicycle.
Mont. Code Ann. § 61-3-529 — MT Code / Title 61 / Chapter 3 / Part 5 / Section 61-3-529
61-3-529 Schedule of fees for buses, motor vehicles having rated capacity of more than 1 ton, and truck tractors -- proration -- exemption
Status: in_force

61-3-529 . Schedule of fees for buses, motor vehicles having rated capacity of more than 1 ton, and truck tractors -- proration -- exemption. (1) (a) There is an annual fee in lieu of property tax imposed on buses, trucks having a manufacturer's rated capacity of more than 1 ton, and truck tractors. The fee is in addition to annual registration fees.

(b) The fee imposed by subsection (1)(a) is not required to be paid by a dealer of buses, trucks, or truck tractors that constitute inventory of the dealership.

(2) Subject to the conditions of subsection (4), the owner of a bus, truck with a manufacturer's rated capacity of more than 1 ton, or truck tractor shall pay a fee in lieu of tax based on the age and manufacturer's rated capacity of the motor vehicle according to the following schedule:

Age of Motor Vehicle Rated Capacity (in pounds)

(in years) 16,999 or less 17,000-26,999 27,000-54,999 55,000 or more 1 or less $117 $167 $284 $375 2 109 150 250 300 3 100 134 220 266 4 92 117 184 242 5 83 109 160 195 6 75 100 134 167 7 66 91 117 147 8 58 83 100 125 9 50 75 92 109 10 41 58 79 92 11-12 33 50 67 76 13-14 28 37 52 61 15-16 25 30 38 47 17-18 18 26 29 36 19-20 13 19 22 26 21 or more 10 12 16 20

(3) The age of the motor vehicle must be determined under 61-3-501 .

(4) (a) The manufacturer's rated capacity for a bus or truck with a manufacturer's rated capacity of more than 1 ton is the manufacturer's rated gross vehicle weight.

(b) The manufacturer's rated capacity for a truck tractor is the manufacturer's rated gross combined weight.

(5) Except as provided in 61-3-520 , the fee in lieu of tax on a motor vehicle subject to this section that is brought or driven into this state by a nonresident person for hire, compensation, or profit must be prorated as determined and paid under 61-3-701 .

(6) The fee in lieu of tax may not be refunded.
Mont. Code Ann. § 61-8-203 — MT Code / Title 61 / Chapter 8 / Part 2 / Section 61-8-203
61-8-203 Department of transportation to place traffic control devices on highways it maintains and approve traffic control devices on highways under its jurisdiction
Status: in_force

61-8-203 . Department of transportation to place traffic control devices on highways it maintains and approve traffic control devices on highways under its jurisdiction. (1) The department of transportation shall place and maintain traffic control devices, conforming to its manual and specifications, upon all highways maintained by the department of transportation that the department considers necessary to carry out the provisions of chapter 9 and this chapter or to regulate, warn, or guide traffic.

(2) A local authority or other entity may not place or maintain a traffic control device upon a highway under the jurisdiction of the department of transportation except with the department's permission.

(3) The unauthorized erection of a sign, marker, emblem, or other traffic control device on a highway under the jurisdiction of the department of transportation by any other entity is a misdemeanor and is punishable as provided in 61-8-712 .

(4) The erection or maintenance of a sign, marker, emblem, or traffic control device on a highway under the jurisdiction of the department of transportation is subject to the rules and specifications that the department adopts and publishes in the interest of public safety and convenience.

(5) (a) An automated enforcement system designed to detect traffic violations that is attached to a traffic control device may not be used to enforce traffic laws.

(b) Subsection (5)(a) does not apply to automated enforcement systems attached to traffic control devices at railroad grade crossings.
Mont. Code Ann. § 61-9-207 — MT Code / Title 61 / Chapter 9 / Part 2 / Section 61-9-207
61-9-207 Application of succeeding sections
Status: in_force

61-9-207 . Application of succeeding sections. Sections 61-9-208 through 61-9-229 apply as stated in those sections to vehicles of the type enumerated in those sections when operated upon a highway. The vehicles must be equipped as required and all lamp equipment required must be lighted at all times mentioned in 61-9-201 except that clearance and side marker lamps need not be lighted on a vehicle when operated within a municipality when there is sufficient light to render clearly discernible persons and vehicles on the highway at a distance of 1,000 feet.
Mont. Code Ann. § 61-10-127 — MT Code / Title 61 / Chapter 10 / Part 1 / Section 61-10-127
61-10-127 Permits issued to governmental entities
Status: in_force

61-10-127 . Permits issued to governmental entities. Permits issued to the United States government, states, counties, cities, and their political subdivisions shall be issued without fee for a term beginning with the date of issuance and expiring December 31.
Mont. Code Ann. § 61-3-435 — MT Code / Title 61 / Chapter 3 / Part 4 / Section 61-3-435
61-3-435 Certificate of title -- transaction summary receipt -- prima facie evidence
Status: in_force

61-3-435 . Certificate of title -- transaction summary receipt -- prima facie evidence. A certificate of title or transaction summary receipt issued by, or under the authority of, the department is prima facie evidence of the facts appearing on the certificate of title or transaction summary receipt.
Mont. Code Ann. § 61-8-806 — MT Code / Title 61 / Chapter 8 / Part 8 / Section 61-8-806
61-8-806 Blood, breath, and oral fluid tests of commercial vehicle operators -- procedure -- suspension
Status: in_force

61-8-806 . Blood, breath, and oral fluid tests of commercial vehicle operators -- procedure -- suspension. (1) A person who operates a commercial motor vehicle upon the ways of this state open to the public is considered to have given consent to one or more tests of the person's blood, breath, or oral fluid for the purpose of determining a measured amount or detected presence of alcohol in the person's body if the person is requested to submit to the test or tests by a peace officer who has reasonable grounds to believe that the person was driving or in actual physical control of a commercial motor vehicle upon the ways of this state open to the public while having a measured alcohol concentration or detected presence of alcohol. The peace officer may designate the blood, breath, or oral fluid test or tests to be administered and may request that the person submit to a preliminary alcohol screening test before a blood, breath, oral fluid, or urine test is taken.

(2) A person who is unconscious or who is otherwise incapable of refusal is considered not to have withdrawn the consent provided in subsection (1).

(3) If a person refuses to submit to one or more tests designated by the officer, the test or tests may not be given, but the officer shall immediately seize the person's commercial driver's license and forward the license to the department, along with a report certified under penalty of law that the officer had reasonable grounds to believe that the person was driving or was in actual physical control of a commercial motor vehicle upon ways of this state open to the public while having a measurable alcohol concentration or detected presence of alcohol and that the person had refused to submit to one or more tests upon the request of the officer. Upon receipt of the report, the department shall suspend the license for a period provided in subsection (5).

(4) Upon seizure of a person's commercial driver's license, the peace officer shall issue, on behalf of the department, a temporary 5-day noncommercial driving permit, effective 12 hours after the time of issuance, and shall provide the person with written notice of the license suspension and the right to a hearing under 61-8-808 .

(5) Upon receipt of the officer's certified report, the department shall suspend the person's commercial driver's license, with no provision for a restricted probationary commercial driver's license, for:

(a) 1 year, upon a first refusal, except that if the violation occurred in a commercial motor vehicle transporting placardable hazardous materials, the suspension for a first refusal must be for 3 years;

(b) life, upon a second or subsequent refusal at any time as determined from the records of the department, subject to department rules adopted to implement federal rules allowing for driver rehabilitation and license reinstatement, if otherwise eligible, upon service of a minimum period of 10 years' suspension. If the person has a prior conviction of a major offense listed in 61-8-802 (2) arising from a separate incident, the conviction has the same effect as a previous testing refusal for purposes of this subsection (5)(b).
Mont. Code Ann. § 61-8-342 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-342
61-8-342 Vehicles approaching "Yield" sign
Status: in_force

61-8-342 . Vehicles approaching "Yield" sign. An operator of a vehicle approaching a "Yield" sign is subject to the following provisions:

(1) The operator shall slow to a speed that is reasonable for existing conditions and, if required for safety, shall stop before entering the intersection.

(2) After slowing or stopping, the operator shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway close enough to constitute an immediate hazard during the time that the operator is moving across or within the intersection or junction of roadways.

(3) An operator of a vehicle shall yield the right-of-way to pedestrians within crosswalks at the intersection.

(4) If an operator of a vehicle, after having driven past a "Yield" sign, is involved in a collision with another vehicle at an intersection or junction of roadways or with a pedestrian in an adjacent crosswalk, the collision is considered prima facie evidence of the operator's failure to yield right-of-way.
Mont. Code Ann. § 61-9-321 — MT Code / Title 61 / Chapter 9 / Part 3 / Section 61-9-321
61-9-321 Engine compression brake device -- use
Status: in_force

61-9-321 . Engine compression brake device -- use. (1) A commercial motor vehicle equipped with an engine compression brake device must be equipped with a muffler in good working condition to prevent excessive noise.

(2) An operator of a commercial motor vehicle that has an engine compression brake device with a factory-installed muffler or an equivalent after-market muffler may not be prohibited from using the engine compression brake device.

(3) The department of transportation employees who are designated as peace officers pursuant to 61-10-154 shall work with law enforcement in the enforcement of standards adopted pursuant to this section.

(4) Notice of a deficiency must be given pursuant to 61-9-501 .

(5) A violation of the rules adopted to implement to this section is punishable as provided in 61-9-521 .
Mont. Code Ann. § 61-2-101 — MT Code / Title 61 / Chapter 2 / Part 1 / Section 61-2-101
61-2-101 Purpose
Status: in_force

61-2-101 . Purpose. To promote public safety, health, and welfare and to reduce traffic deaths, injuries, and property losses resulting from traffic accidents, it is in the public interest to establish a highway traffic safety program and provide for its administration. It is in the public interest to implement, modernize, and improve the following traffic safety activities: driver performance, including but not limited to driver education, driver testing to determine proficiency to operate motor vehicles; driver examinations, both physical and mental; driver licensing; pedestrian performance; establish an effective accident record system, including traffic accident investigation to determine the probable cause of accidents, injuries, and deaths; improve and establish a system of vehicle registration, vehicle operation, and vehicle inspection; assist in the improving of highway design and maintenance, including lighting, markings, and surface treatment to improve safety; establish an effective traffic control system; promote the adoption of uniform vehicle laws; provide for surveillance of traffic for detection and correction of high or potentially high accident locations; establish emergency services, including but not limited to communications, medical or mechanical assistance, and ambulance service for injured persons; and establish an effective compilation and storage program of reports and records through electronic data processing.
Mont. Code Ann. § 61-8-375 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-375
61-8-375 Unlawful operation of motorized nonstandard vehicle -- exception
Status: in_force

61-8-375 . Unlawful operation of motorized nonstandard vehicle -- exception. A person may not operate a motorized nonstandard vehicle on ways of this state open to the public unless the operation is specifically authorized by ordinance or regulation passed by the local governing body of the county, city, or town for a public way under its jurisdiction.
Mont. Code Ann. § 61-11-515 — MT Code / Title 61 / Chapter 11 / Part 5 / Section 61-11-515
61-11-515 Sale or disclosure of personal information by recipient
Status: in_force

61-11-515 . Sale or disclosure of personal information by recipient. (1) A requester who receives personal information or highly restricted personal information pursuant to 61-11-507 , 61-11-508 , 61-11-509 , or 61-11-510 may not sell or disclose the information, except for a use that is specifically permitted in 61-11-507 , 61-11-508 , or 61-11-509 .

(2) A requester who sells or discloses personal information or highly restricted personal information to a third party under this section shall create and maintain records for a period of not less than 5 years from the date of the sale or disclosure. The records must show the name, address, telephone number, and any other identifying information required by the department of the third party who bought or received the information and must document the permitted use for which the information was obtained. The records must be produced or made available for inspection at the request of the department.
Mont. Code Ann. § 61-3-478 — MT Code / Title 61 / Chapter 3 / Part 4 / Section 61-3-478
61-3-478 Generic specialty license plate sponsor fee
Status: in_force

61-3-478 . Generic specialty license plate sponsor fee. (1) Upon approval of an organization's application to sponsor a generic specialty license plate and before a sponsor's generic specialty license plates may be manufactured, the department shall assess and the sponsor shall pay a $4,000 fee to the department of corrections Montana correctional enterprises prison industries training program enterprise fund. The fee covers the initial costs incurred by Montana correctional enterprises in producing the generic specialty license plates for the sponsor.

(2) The fee imposed in subsection (1) must be deposited in the Montana correctional enterprises license plate production operating account provided for in 53-30-134 .
Mont. Code Ann. § 61-9-403 — MT Code / Title 61 / Chapter 9 / Part 4 / Section 61-9-403
61-9-403 Mufflers -- prevention of noise
Status: in_force

61-9-403 . Mufflers -- prevention of noise. (1) Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke, and no person shall use a muffler cutout, bypass, or similar device upon a motor vehicle on a highway.

(2) The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.
Mont. Code Ann. § 61-6-144 — MT Code / Title 61 / Chapter 6 / Part 1 / Section 61-6-144
61-6-144 Assigned risk plans
Status: in_force

61-6-144 . Assigned risk plans. After consultation with insurance companies authorized to issue automobile liability policies in this state, the commissioner of insurance shall approve a reasonable plan or plans for the equitable apportionment among such companies of applicants for such policies and for motor vehicle liability policies who are in good faith entitled to but are unable to procure such policies through ordinary methods. When any such plan has been approved, all such insurance companies shall subscribe thereto and participate therein. Any applicant for any such policy, any person insured under any such plan, and any insurance company affected, may appeal to the commissioner of insurance from any ruling or decision of the manager or committee designated to operate such plan. Any person aggrieved hereunder by any order or act of the commissioner of insurance may, within 10 days after notice thereof, file a petition in the district court of Lewis and Clark County for a review thereof. The court shall summarily hear the petition and may make any appropriate order or decree.
Mont. Code Ann. § 61-9-416 — MT Code / Title 61 / Chapter 9 / Part 4 / Section 61-9-416
61-9-416 Commercial tow truck -- definition -- requirements
Status: in_force

61-9-416 . Commercial tow truck -- definition -- requirements. (1) "Commercial tow truck" means a motor vehicle operating for compensation that is equipped with specialized equipment designed and intended for towing or the recovery of wrecked, disabled, or abandoned vehicles or other objects creating a hazard on the public roadways. If a tow truck owner or operator's business profits or benefits in any way from towing a vehicle, the tow truck must be considered a commercial tow truck for the purposes of Title 61, chapter 8, and this chapter.

(2) A commercial tow truck must be equipped with:

(a) not less than two red flares, two red lanterns, or two warning lights or reflectors. The reflectors must be of a type approved by the department.

(b) at least two highway warning signs as provided in 61-9-431 .

(c) a dry chemical fire extinguisher of at least 5 pound capacity or an equivalent alternative type of fire extinguisher, approved by the department;

(d) a lamp emitting a flashing red or amber light meeting the requirements of 61-9-402 (7), or both a red and amber light, mounted on top of the cab of the tow truck or on the top of the crane or hoist if the light can be seen from the front of the tow truck. The light from the lamp must be visible for a distance of 1,000 feet under normal atmospheric conditions and must be mounted so that it can be securely fastened with the lens of the lamp facing the rear of the tow truck upon which it is mounted. When standing at the location from which the disabled vehicle is to be towed, the operator of the tow truck may unfasten the red light and place it in a position considered advisable to warn approaching drivers. When the disabled vehicle is ready for towing, the red light must be turned to the rear of the tow truck upon which it is mounted and securely locked in this position. Additional red or amber lights of an approved type may be displayed at either side or both sides of the tow truck during the period of preparation at the location from which the disabled vehicle is to be towed.

(e) one or more brooms, and the operator of the tow truck engaged to remove a disabled vehicle from the scene of an accident shall remove all glass and debris deposited upon the roadway by the disabled vehicle that is to be towed;

(f) a shovel, and whenever practical, the tow truck operator engaged to remove a disabled vehicle shall spread dirt upon that portion of the roadway where oil or grease has been deposited by the disabled vehicle; and

(g) a portable electrical extension cord or other device for use in displaying stop, turn, and taillamps on the rear of the disabled vehicle. The length of the extension cord may not be less than the length of the combined vehicles. When a disabled vehicle is towed, the tow truck operator shall provide for the rear light that is capable of displaying a stop signal, turn signal, and taillamps by means of the extension cord or other device referred to in this subsection (2)(g).

(3) The operator of a commercial tow truck used for the purpose of rendering assistance to other vehicles shall, when the rendering of assistance necessitates the obstruction of a portion of the roadway, place a highway warning sign as required in 61-9-431 .

(4) The owner or operator of a commercial tow truck who complies with the requirements of 61-8-906 and 61-8-907 and this section may stop or park the tow truck upon a highway for the purpose of rendering assistance to a disabled vehicle, notwithstanding other provisions of this code.

(5) A commercial tow truck company that is in compliance with 61-9-431 and that is operating an emergency service vehicle and using signal equipment in rendering assistance at a highway crash scene or in response to any other hazard on the roadway that presents an immediate hazard or an emergency or life-threatening situation is not liable, except for willful misconduct, bad faith, or gross negligence, for injuries, costs, damages, expenses, or other liabilities resulting from a motorist operating a vehicle in violation of 61-9-402 (5).

(6) A person convicted of violating this section is subject to the penalties provided in 61-9-517 .
Mont. Code Ann. § 61-8-349 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-349
61-8-349 Certain vehicles to stop at all railroad grade crossings
Status: in_force

61-8-349 . Certain vehicles to stop at all railroad grade crossings. (1) (a) Except as provided in subsection (1)(b), the driver of a motor vehicle carrying seven or more passengers for hire, a school bus with or without passengers, or a vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop the vehicle as close as practicable but not less than 15 feet from the nearest rail of the railroad and while stopped shall open the door, in the case of a school bus, and shall listen and look in both directions along the track for an approaching train or other on-track equipment and for signals indicating the approach of a train or other on-track equipment and may not proceed until the driver can do so safely. After stopping as required in this section and upon proceeding when it is safe to do so, the operator of a vehicle may cross only in a gear of the vehicle that requires no changing gears while traversing the crossing. The operator may not shift gears while crossing the track or tracks.

(b) A stop is not required at a crossing where a police officer, highway patrol officer, or official traffic control device directs traffic to proceed.

(2) As used in this section, "official traffic control device" does not include a railroad grade crossing signal.
Mont. Code Ann. § 61-3-422 — MT Code / Title 61 / Chapter 3 / Part 4 / Section 61-3-422
61-3-422 Issuance -- application -- additional fee
Status: in_force

61-3-422 . Issuance -- application -- additional fee. The department shall issue license plates with the official amateur radio call letters to an amateur radio operator upon:

(1) application showing proof that the applicant is the owner and holder of an amateur radio station license and operator's license;

(2) compliance with the state laws relating to titling and registration of light vehicles and motor homes;

(3) payment, or proof of payment, of all other fees and taxes applicable to the light vehicle or motor home; and

(4) payment of a $5 additional fee.
Mont. Code Ann. § 61-5-213 — MT Code / Title 61 / Chapter 5 / Part 2 / Section 61-5-213
61-5-213 Conviction defined
Status: in_force

61-5-213 . Conviction defined. For the purposes of parts 1 through 3 of this chapter, part 8 of chapter 8, chapter 11, and as it relates to any state or local law regulating the operation of a motor vehicle on highways or mandating the revocation or suspension of a driver's license or driving privilege, the term "conviction" means:

(1) a plea of guilty or nolo contendere accepted by the court;

(2) an adjudication of guilt that has not been vacated by the appropriate court;

(3) a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal;

(4) a forfeiture of bail or collateral deposited to secure the person's appearance in court that has not been vacated;

(5) the payment of a fine or court cost, regardless of whether it is suspended or rebated; or

(6) the violation of a condition of release without bail, regardless of whether the condition is imposed as part of probation.
Mont. Code Ann. § 61-4-112 — MT Code / Title 61 / Chapter 4 / Part 1 / Section 61-4-112
61-4-112 New motor vehicles -- transfers by dealers
Status: in_force

61-4-112 . New motor vehicles -- transfers by dealers. (1) When a dealer transfers a new motor vehicle, power sports vehicle, or trailer to a purchaser or other recipient, the dealer shall, within 30 calendar days following the date of delivery of the new motor vehicle, power sports vehicle, or trailer forward to an authorized agent or the county treasurer of the county where the owner of the motor vehicle, power sports vehicle, or trailer is domiciled:

(a) an application for a certificate of title with a notice of security interest, if any, executed by the purchaser or recipient; and

(b) a manufacturer's certificate of origin that shows that the motor vehicle, power sports vehicle, or trailer has not previously been registered or owned, except as otherwise provided in this section, by any person other than a dealer holding a franchise or distribution agreement from the manufacturer, distributor, or importer of the new motor vehicle, power sports vehicle, or trailer.

(2) If the dealer is an authorized agent, a temporary registration permit may be issued under 61-3-224 to the person to whom the new motor vehicle, power sports vehicle, or trailer was transferred.
Mont. Code Ann. § 61-8-371 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-371
61-8-371 Operation of motor vehicle or off-highway vehicle below high-water mark on certain state or federal lands prohibited -- exceptions
Status: in_force

61-8-371 . Operation of motor vehicle or off-highway vehicle below high-water mark on certain state or federal lands prohibited -- exceptions. (1) Except as provided in 77-1-111 (3), 77-1-806 (4), and subsections (2) and (3) of this section, a person may not operate a motor vehicle or an off-highway vehicle below the ordinary high-water mark, as defined in 23-2-301 , of class I or class II waters, as defined in 23-2-301 , that occurs on state or federal lands or below the ordinary high-water mark of class I waters flowing through private lands, within that portion of the streambed that is covered with water.

(2) A motor vehicle or an off-highway vehicle may be operated below the ordinary high-water mark on state or federal lands on an established road or trail that enters or crosses a stream, but the stream crossing must be by the shortest practical or designated route to the road or trail on the opposite bank.

(3) The prohibition in subsection (1) does not apply to:

(a) off-highway or motor vehicle use that occurs on state or federal land that is designated for off-highway or motor vehicle use below the ordinary high-water mark if the use is in accordance with the requirements of the authorization;

(b) off-highway or motor vehicle use conducted on state or federal land pursuant to and in accordance with a specific written authorization from the appropriate land management agency for that use below the ordinary high-water mark; and

(c) operation of an off-highway vehicle by a nonambulatory person who is using the vehicle for recreational use, as defined in 23-2-301 , as long as operation of the vehicle is prudent and minimizes destruction.

(4) The state may authorize the use of a motor vehicle or off-highway vehicle on state property below the ordinary high-water mark only when the state has determined that the use will have a minimal impact on the streambed and on the fish and wildlife ecology of the stream or river. Federal land management agencies are requested to apply the same criteria when authorizing use of federal land.
Mont. Code Ann. § 61-10-101 — MT Code / Title 61 / Chapter 10 / Part 1 / Section 61-10-101
61-10-101 Standards of maximum dimensions, weights, etc
Status: in_force

61-10-101 . Standards of maximum dimensions, weights, etc. The standards provided for in 61-10-102 through 61-10-104 and 61-10-106 through 61-10-110 govern the maximum dimensions, weights, and other characteristics of motor vehicles operating over the highways in the state to the exclusion of other standards or other requirements respecting the subject matter.
Mont. Code Ann. § 61-12-1003 — MT Code / Title 61 / Chapter 12 / Part 10 / Section 61-12-1003
61-12-1003 Effect of vehicle ownership transfer on ownership of data -- prohibited insurer and lessor actions
Status: in_force

61-12-1003 . Effect of vehicle ownership transfer on ownership of data -- prohibited insurer and lessor actions. (1) Data on a motor vehicle event data recorder does not become the property of a lienholder or insurer solely because the lienholder or insurer succeeds in ownership of a motor vehicle as a result of an accident.

(2) An insurer may not condition the payment or settlement of an owner's claim on the owner's consent to the retrieval or use of the data on a motor vehicle event data recorder.

(3) An insurer or lessor of a motor vehicle may not require an owner to consent to the retrieval or use of the data on a motor vehicle event data recorder as a condition of providing the policy or lease.
Mont. Code Ann. § 61-12-302 — MT Code / Title 61 / Chapter 12 / Part 3 / Section 61-12-302
61-12-302 Companies and agents to be licensed
Status: in_force

61-12-302 . Companies and agents to be licensed. No company or any agent, as herein defined, doing business in this state shall execute, issue, or deliver any service contract to any person or persons owning or operating motor vehicles without first having obtained a license from the commissioner as provided for in this part, nor shall any such company or agent collect or receive from any person or persons in advance of the execution, issuance, or delivery of any such service contract any money or other thing of value upon any promise or agreement to execute, issue, or deliver any such service contract without first having obtained a license from said commissioner as provided for in this part.
Mont. Code Ann. § 61-2-301 — MT Code / Title 61 / Chapter 2 / Part 3 / Section 61-2-301
61-2-301 Purpose
Status: in_force

61-2-301 . Purpose. The toll of accidents, personal injuries, and deaths resulting from the operation of motor vehicles remains a matter of great concern to the legislature. The failure to apply proper driving techniques in the operation of vehicles and improper driving attitudes and habits on the part of operators constitute major factors in a substantial portion of both fatal and nonfatal automobile accidents. Current efforts to improve driver skills, responsibilities, attitudes, and habits have not proved adequate to stem the accident, injury, and death toll. The public interest in the cause of highway safety will be well served by additional methods of driver rehabilitation and improvement and the establishment of programs of rehabilitative instruction, driver improvement, and direction for drivers with poor driving records.
Mont. Code Ann. § 61-5-133 — MT Code / Title 61 / Chapter 5 / Part 1 / Section 61-5-133
61-5-133 First year restrictions on driver's license issued to minor
Status: in_force

61-5-133 . First year restrictions on driver's license issued to minor. (1) A driver's license issued to a person who is under 18 years of age is subject to the following restrictions for 1 year from the date of issuance of the license or until the person is 18 years of age, whichever occurs first:

(a) A restricted licensee may not operate a motor vehicle, required by 61-9-409 to be equipped with seatbelts, unless each occupant of the motor vehicle is wearing a seatbelt, as defined in 61-13-102 , or is properly restrained, as required under 61-9-420 . The number of motor vehicle occupants may not exceed the number of seatbelts with which the motor vehicle is equipped.

(b) A restricted licensee may not operate a motor vehicle between the hours of 11 p.m. and 5 a.m. unless the restricted licensee is:

(i) accompanied by a licensed driver who is 18 years of age or older or, if the restricted licensee is operating a motorcycle, the restricted licensee is under the immediate and proximate visual supervision of a licensed driver who is 18 years of age or older and who is riding with the licensee and is operating a separate motorcycle or other motor vehicle;

(ii) driving to the restricted licensee's place of employment from the restricted licensee's residence, is returning to the restricted licensee's residence from the restricted licensee's place of employment, or is driving in the course and scope of employment;

(iii) driving from the restricted licensee's residence to a school-sponsored event at a school attended by the restricted licensee, including any site for school-provided transportation to and from the event, or is returning from the event or site to the restricted licensee's residence;

(iv) driving from the restricted licensee's residence to an event sponsored by a religious organization or is returning from the event to the restricted licensee's residence;

(v) driving for a purpose related to a medical emergency, fire emergency, or law enforcement-related emergency;

(vi) driving for the sole purpose of transporting farm or ranch products, machinery, or supplies within 150 miles of a farm or ranch headquarters;

(vii) an emancipated minor; or

(viii) driving under a specific authorization for a specific purpose from the restricted licensee's parent or legal guardian. A peace officer may verify the authorization by contacting the parent or legal guardian.

(c) (i) For the first 6 months of the 1-year restriction period, a restricted licensee may not operate a motor vehicle with more than one passenger who is under 18 years of age unless:

(A) the restricted licensee is supervised by a licensed driver who is at least 18 years of age; or

(B) the additional passengers under 18 years of age are members of the restricted licensee's family.

(ii) For the second 6 months of the 1-year restriction period, a restricted licensee may not operate a motor vehicle with more than three passengers who are under 18 years of age unless:

(A) the restricted licensee is supervised by a licensed driver who is at least 18 years of age; or

(B) the additional passengers under 18 years of age are members of the licensee's family.

(iii) For the first 6 months of the 1-year restriction period, a restricted licensee may not operate a motorcycle with a passenger who is under 18 years of age.

(2) For purposes of this section, the term "restricted licensee" includes a person under 18 years of age who holds a motorcycle-only endorsement issued by the department and the term "motor vehicle" includes a motorcycle, except when otherwise noted.
Mont. Code Ann. § 61-8-101 — MT Code / Title 61 / Chapter 8 / Part 1 / Section 61-8-101
61-8-101 Application
Status: in_force

61-8-101 . Application. (1) Interpretation of this chapter in this state must be as consistent as possible with the interpretation of similar laws in other states.

(2) The provisions of this chapter relating to the operation of vehicles refer exclusively to the operation of vehicles on highways except:

(a) where a different place is specifically referred to in a given section;

(b) the provisions of 61-8-301 and 61-8-1002 (1) and (2), with regard to operating a vehicle while under the influence of drugs, apply anywhere within this state;

(c) the provisions of 61-8-301 and 61-8-1002 , except under the influence of a dangerous drug and 61-8-1002 (2), with regard to operating a vehicle while under the influence of alcohol, apply on all ways of this state open to the public.

(3) The operation of motor vehicles directly across the public roads and highways of this state, especially as required in the transportation of natural resource products, including agricultural products and livestock, may not be considered to be the operation of the vehicles on the public roads and highways of this state or on ways of this state open to the public, provided that the crossings are adequately marked with warning signs or devices. The crossings are subject to provisions relating to stopping before entry and to restoration of any damage as may reasonably be prescribed by the state or local agency in control of safety of operation of the public highway involved.
Mont. Code Ann. § 61-10-125 — MT Code / Title 61 / Chapter 10 / Part 1 / Section 61-10-125
61-10-125 Other fees
Status: in_force

61-10-125 . Other fees. (1) For a single trip permit for a load that is over the gross allowable load provided for by the formula in 61-10-107 (1) but that does not exceed axle limits set forth in 61-10-107 (1), the department of transportation shall charge for distances traveled:

(a) $10 for distances up to and including 100 miles;

(b) $30 for distances from 101 to 199 miles; and

(c) $50 for distances 200 miles and over.

(2) (a) Upon application, the department of transportation or its agent under 61-10-121 (4) may issue a wintertime permit or a durational permit authorizing the applicant to operate a vehicle, combination of vehicles, load, or object exceeding by up to 10% the maximum weight limits specified in 61-10-106 through 61-10-110 .

(b) (i) The nonrefundable fee for a wintertime permit is $50 for each vehicle. A wintertime permit is valid for 30 days or until March 7, whichever is earlier.

(ii) The nonrefundable fee for a durational permit is $150 for each vehicle. A durational permit is valid for the period between December 1 and March 7.

(3) (a) The department of transportation shall charge a fee of:

(i) $200 for a term permit for a load that is in excess of the limits set forth in 61-10-107 (1) but that does not exceed a total of 5,000 pounds in excess axle weight;

(ii) $500 for a term permit for a load that is in excess of the limits set forth in 61-10-107 (1) but that does not exceed a total of 10,000 pounds in excess axle weight, with no single axle exceeding 5,000 pounds in excess axle weight;

(iii) $750 for a term permit for a load that is in excess of the limits set forth in 61-10-107 (1) but that does not exceed a total of 15,000 pounds in excess axle weight, with no single axle exceeding 5,000 pounds in excess axle weight;

(iv) $1,000 for a term permit for a load that is in excess of the limits set forth in 61-10-107 (1) but that does not exceed a total of 20,000 pounds in excess axle weight, with no single axle exceeding 5,000 pounds in excess axle weight and no tandem axle exceeding 15,000 pounds in excess axle weight;

(v) $1,500 for a term permit for a load that is in excess of the limits set forth in 61-10-107 (1) but that does not exceed a total of 25,000 pounds in excess axle weight, with no axle or axle group exceeding the maximum weight allowed by a weight analysis conducted by the department of transportation;

(vi) $2,000 for a term permit for a load that is in excess of the limits set forth in 61-10-107 (1) but that does not exceed a total of 30,000 pounds in excess axle weight, with no axle or axle group exceeding the maximum weight allowed by a weight analysis conducted by the department of transportation;

(vii) $3,000 for a term permit for a load that is in excess of the limits set forth in 61-10-107 (1) but that does not exceed a total of 35,000 pounds in excess axle weight, with no axle or axle group exceeding the maximum weight allowed by a weight analysis conducted by the department of transportation;

(viii) $4,000 for a term permit for a load that is in excess of the limits set forth in 61-10-107 (1) but that does not exceed a total of 40,000 pounds in excess axle weight, with no axle or axle group exceeding the maximum weight allowed by a weight analysis conducted by the department of transportation.

(b) The fees provided in subsection (3)(a) are annual fees but may be prorated on a quarterly basis and may be paid quarterly, semiannually, or annually. However, if the fee is paid other than annually, there is an additional fee of $10 each time a fee is paid.

(c) A permit issued under this subsection (3) is valid for a period of no less than 1 calendar quarter and no more than 1 calendar year.

(d) The department of transportation or its agent may not issue a term permit for loads that exceed 10,000 pounds in excess axle weight unless the person applying for the term permit has obtained approval from the department of transportation, through a weight analysis, for the configuration of the vehicle.

(4) The department of transportation shall charge for a permit to move a load that exceeds the single axle, tandem axle, or axle group limits set forth in 61-10-107 (1) the following fee based upon the sum of excess in axle or axle group weights:

Total Excess Axle Weight Calculated Cost of (pounds) 25 Miles of Travel (dollars) 5,000 3.50 10,000 7.00 15,000 10.50 20,000 14.00 25,000 17.50 30,000 21.00 35,000 24.50 40,000 28.00 45,000 31.50 50,000 35.00 55,000 38.50 60,000 42.00 65,000 45.50 70,000 49.00 75,000 52.50 80,000 56.00 85,000 59.50 90,000 63.00 95,000 66.50 100,000 70.00 over 100,000 70.00 + 3.50 per 5,000 lbs. or part of 5,000 lbs. in excess of 100,000 lbs.

(5) For purposes of subsection (4):

(a) mileage must be rounded off in units of 25 miles and mileage in excess of a 25-mile increment must be assessed at the next higher 25-mile increment; and

(b) weight must be rounded off in 5,000-pound increments and weight in excess of a 5,000-pound increment must be assessed at the next higher 5,000-pound increment.

(6) A vehicle must be licensed to the maximum allowable weight authorized under 61-10-107 before an overweight permit may be issued.
Mont. Code Ann. § 61-8-324 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-324
61-8-324 Overtaking vehicle on right
Status: in_force

61-8-324 . Overtaking vehicle on right. (1) The operator of a vehicle may overtake and pass on the right of another vehicle only under the following conditions:

(a) when the vehicle overtaken is making or about to make a left turn; or

(b) on a roadway with unobstructed pavement of sufficient width for two or more lanes of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.

(2) The operator of a vehicle may overtake and pass another vehicle on the right only under conditions permitting safe movement. The movement may not be made by driving off the pavement or main-traveled portion of the roadway, except that a person operating a bicycle may pass on the shoulder, provided the movement may be done in safety.
Mont. Code Ann. § 61-8-805 — MT Code / Title 61 / Chapter 8 / Part 8 / Section 61-8-805
61-8-805 Suspension for operating commercial vehicle with alcohol concentration of 0.04 or more -- hearing
Status: in_force

61-8-805 . Suspension for operating commercial vehicle with alcohol concentration of 0.04 or more -- hearing. (1) A person whose alcohol concentration is 0.04 or more while the person drives or is in actual physical control of a commercial motor vehicle is subject to the suspension of the person's commercial driver's license. The peace officer who determines that the person is operating a commercial motor vehicle with an alcohol concentration of 0.04 or more shall immediately seize the person's commercial driver's license and, on behalf of the department, give the person written notice of the license suspension and the right to a hearing under 61-8-808 . Upon receipt of a report certified under penalty of law from the peace officer that the person was operating a commercial motor vehicle with an alcohol concentration of 0.04 or more, the department shall suspend the license, with no provision for a restricted probationary commercial license, for:

(a) 1 year, upon receipt of the first report of a 0.04 or more alcohol concentration violation, except that if the violation occurred in a commercial motor vehicle transporting placardable hazardous materials, the suspension must be for 3 years; and

(b) life, upon receipt of a second or subsequent 0.04 or more alcohol concentration violation report at any time as determined from the records of the department, subject to federal rules allowing for driver rehabilitation and license reinstatement, if otherwise eligible, upon service of a minimum period of 10 years' suspension.

(2) A peace officer who determines that a commercial motor vehicle operator has a measured amount or detected presence of alcohol in the operator's body while operating a commercial motor vehicle shall place the commercial motor vehicle operator out of service as mandated by federal regulations for 24 hours.

(3) The fact that a person charged with a violation of the provisions of subsection (1) is entitled to use alcohol under the laws of Montana is not a defense against a charge of violating the provisions of subsection (1).

(4) For the purposes of this section, a conviction for violation of 61-8-1002 (1)(a), (1)(b), (1)(c), (1)(d), (1)(e), or (1)(f) while operating a commercial motor vehicle or a prior refusal to be tested under an implied consent law must be treated as a prior report of a 0.04 or more alcohol concentration violation and must be used in determining the length of the license suspension under subsection (1).
Mont. Code Ann. § 61-6-132 — MT Code / Title 61 / Chapter 6 / Part 1 / Section 61-6-132
61-6-132 Alternate methods of giving proof
Status: in_force

61-6-132 . Alternate methods of giving proof. (1) Proof of financial responsibility when required under this part with respect to a motor vehicle or with respect to a person who is not the owner of a motor vehicle may be given by filing:

(a) a certificate of insurance as provided in 61-6-133 or 61-6-134 ;

(b) a bond as provided in 61-6-137 ;

(c) a certificate or deposit of money or securities as provided in 61-6-138 ; or

(d) a certificate of self-insurance, as provided in 61-6-143 , supplemented by an agreement by the self-insurer that, with respect to accidents occurring while the certificate is in force, the self-insurer will pay the same judgments and in the same amounts that an insurer would have been obligated to pay under an owner's motor vehicle liability policy if it had issued a policy to the self-insurer.

(2) A motor vehicle may not be or continue to be registered in the name of any person required to file proof of financial responsibility unless the proof is furnished for the motor vehicle.
Mont. Code Ann. § 61-8-321 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-321
61-8-321 Drive on right side of roadway -- exceptions
Status: in_force

61-8-321 . Drive on right side of roadway -- exceptions. (1) Upon all roadways of sufficient width, a vehicle must be operated upon the right half of the roadway, except as follows:

(a) when overtaking and passing another vehicle proceeding in the same direction under the rules governing the passing movement;

(b) when the right half of a roadway is closed to traffic while under construction or repair;

(c) upon a roadway divided into three marked lanes for traffic under the rules applicable on a divided roadway;

(d) upon a roadway designated by official traffic control devices for one-way traffic;

(e) when the operator of a vehicle is complying with the provisions of 61-8-387 or 61-8-388 ;

(f) when an obstruction exists that makes it necessary to drive to the left of the center of the roadway; or

(g) when a police vehicle or authorized emergency vehicle is performing a job-related duty as provided in 61-8-107 .

(2) A person operating a vehicle to the left of the center of the roadway for any of the reasons provided in subsection (1) shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the roadway that are within a distance that constitutes an immediate hazard.

(3) (a) Except as provided in subsection (3)(b) and subject to subsection (4), upon all roadways having two or more lanes for traffic moving in the same direction, a vehicle must be driven in the right-hand lane.

(b) A vehicle being operated upon a roadway having two or more lanes for traffic moving in the same direction is not required to be driven in the right-hand lane when:

(i) overtaking and passing another vehicle proceeding in the same direction;

(ii) traveling at a speed greater than the traffic flow;

(iii) moving left to allow traffic to merge;

(iv) traveling on a roadway within the official boundaries of a city or town, except as provided in subsection (4);

(v) preparing for a left turn at an intersection or into a private road or driveway when a left turn is legally permitted;

(vi) exiting onto a left-hand exit from a controlled-access highway;

(vii) an obstruction or hazardous conditions make it necessary to drive in a lane other than the right-hand lane;

(viii) road or vehicle conditions make it safer to drive in a lane other than the right-hand lane; or

(ix) authorized snow-removal equipment is operating on the roadway.

(4) When traveling upon an interstate highway, as defined in 60-1-103 , within the official boundaries of a city or town, a vehicle must be driven in the right-hand lane unless otherwise directed or permitted by an official traffic control device.
Mont. Code Ann. § 61-7-111 — MT Code / Title 61 / Chapter 7 / Part 1 / Section 61-7-111
61-7-111 Accident report forms
Status: in_force

61-7-111 . Accident report forms. (1) The department shall prepare and, upon request, supply to police departments, coroners, medical examiners, sheriffs, garages, and other suitable agencies or individuals forms for accident reports required hereunder, appropriate with respect to the persons required to make such reports and the purposes to be served. The written reports to be made by persons involved in accidents and by investigating officers shall call for sufficiently detailed information to disclose with reference to a traffic accident the causes, conditions then existing, and the persons and vehicles involved.

(2) Every accident report required to be made in writing shall be made on the appropriate form approved by the department and shall contain all of the information required therein unless not available.

(3) The department may suspend the license or permit to drive of any resident or the nonresident operating privilege of any person failing to report an accident as herein provided until such report has been filed.
Mont. Code Ann. § 61-11-202 — MT Code / Title 61 / Chapter 11 / Part 2 / Section 61-11-202
61-11-202 Legislative intent
Status: in_force

61-11-202 . Legislative intent. It is the legislative intent of this part to:

(1) establish criteria and procedures by which persons who have demonstrated their apparent indifference for the safety and welfare of others and their disrespect for the laws of this state and its political subdivisions and their disregard for the orders of its courts and administrative agencies may be adjudged habitual traffic offenders; and

(2) impose increased deprivation of the privilege to operate a motor vehicle upon these persons.
Mont. Code Ann. § 61-8-328 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-328
61-8-328 Driving on roadways laned for traffic
Status: in_force

61-8-328 . Driving on roadways laned for traffic. Whenever a roadway has been divided into two or more clearly marked lanes for traffic, the following rules, in addition to all other consistent rules, apply:

(1) A vehicle must be operated as nearly as practicable entirely within a single lane and may not be moved from the lane until the operator has first ascertained that the movement can be made with safety.

(2) Upon a roadway that is divided into three lanes and that provides for two-way movement of traffic, a vehicle may not be operated in the center lane except:

(a) when overtaking and passing another vehicle traveling in the same direction where passing is allowed and where the center lane is clear of traffic within a safe distance; or

(b) when the center lane is at the time allocated exclusively to traffic moving in the direction that the vehicle is proceeding and the allocation is designated by official traffic control devices.

(3) Official traffic control devices may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway. Operators of vehicles shall obey the directions of every official traffic control device that designates use of specific lanes.

(4) A person may turn a vehicle left across a lane marked with two yellow lines into a public or private parking lot, private road, private driveway, or roadway if the turn can be made safely and if the person does not hinder the flow of oncoming traffic.

(5) Official traffic control devices may be installed that prohibit the changing of lanes on sections of a roadway, and operators of vehicles shall obey the directions of those devices.

(6) A motor vehicle may not be driven or parked in a bicycle lane that is signed and delineated as a bicycle lane by official traffic control devices.
Mont. Code Ann. § 61-4-106 — MT Code / Title 61 / Chapter 4 / Part 1 / Section 61-4-106
61-4-106 Transfer of license
Status: in_force

61-4-106 . Transfer of license. A registered dealer, broker, auto auction, or wholesaler who sells or disposes of the dealer's, broker's, auto auction's, or wholesaler's entire business to another person or seeks to change the applicant's name, ownership interest in the business, corporate officer or managing member of the business entity, or a person designated by the applicant to manage or oversee the applicant's business shall file with the department a statement containing the name of the registered dealer, broker, auto auction, or wholesaler, the number under which the business is registered, the name of the purchaser, and the location of the place of business sold. Upon the filing of the statement, and a new license application form as originally required under 61-4-101 , along with a filing fee of $2, the department shall examine the license application of the purchaser as required under 61-4-101 .
Mont. Code Ann. § 61-9-313 — MT Code / Title 61 / Chapter 9 / Part 3 / Section 61-9-313
61-9-313 Maintenance of brakes
Status: in_force

61-9-313 . Maintenance of brakes. All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle.
Mont. Code Ann. § 61-8-801 — MT Code / Title 61 / Chapter 8 / Part 8 / Section 61-8-801
61-8-801 Purpose
Status: in_force

61-8-801 . Purpose. (1) The purpose of this part is to reduce the number of commercial motor vehicle accidents in Montana, to provide greater safety to the motoring public and others by establishing stringent criteria governing the operation of commercial motor vehicles, and to deny the privilege of operating commercial motor vehicles upon the public streets and highways to those commercial motor vehicle operators who are not qualified.

(2) To fulfill this purpose, the legislature intends that this part:

(a) establish criteria and procedures for the operation of commercial motor vehicles that require safety practices commensurate with the danger inherent to their operation;

(b) provide for increased administrative punishment for commercial motor vehicle operators who use alcohol while operating commercial motor vehicles;

(c) provide greater control of commercial motor vehicle operators using the streets and highways; and

(d) conform Montana's laws on commercial driver licensing with federal regulations based on the Commercial Motor Vehicle Safety Act of 1986, Public Law 99-570, as amended.
Mont. Code Ann. § 61-8-391 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-391
61-8-391 Operation of golf carts -- unlawful operation -- exception -- required equipment
Status: in_force

61-8-391 . Operation of golf carts -- unlawful operation -- exception -- required equipment. (1) A person may not operate a golf cart on a public street or highway open to the public unless the operation is specifically authorized by ordinance or regulation passed by the local governing body of the county, city, or town for a public street or highway under its jurisdiction.

(2) A person operating a golf cart under this section must have a valid driver's license.

(3) A golf cart may not be operated on a public street or highway when permitted by this section unless it is equipped with:

(a) at least one and not more than two headlamps;

(b) at least one taillamp;

(c) at least one reflector;

(d) stop lamps;

(e) a horn; and

(f) a mirror that reflects to the driver a view of the highway.

(4) Except as provided in 61-3-321 , a golf cart is exempt from titling, registration, and mandatory liability insurance requirements under this title.
Mont. Code Ann. § 61-8-370 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-370
61-8-370 Securing of load -- requirement -- exemptions -- violation
Status: in_force

61-8-370 . Securing of load -- requirement -- exemptions -- violation. (1) (a) A person operating a loaded vehicle on a public highway shall load the vehicle or secure the load sufficiently to prevent littering or creating an obstruction dangerous to the public traveling on the highway.

(b) A person operating a loaded vehicle on a public highway from which any object escapes that may create an obstruction dangerous to the public traveling on the highway, including but not limited to building materials, furniture, and appliances, shall:

(i) remove the object or cause it to be removed from the roadway when removal can be completed safely; and

(ii) if state or local resources are used to complete the removal, pay the cost of the removal as determined by the applicable roadway authority.

(2) The following vehicles are exempt from the provisions in subsection (1):

(a) a commercial motor vehicle that is operating in compliance with state and federal laws and requirements governing the securing of loads;

(b) a vehicle transporting processed or unprocessed agricultural products or inputs, including but not limited to fertilizer, manure, and pesticides;

(c) a vehicle performing road maintenance; and

(d) a vehicle in a marked work zone.

(3) A person who violates the requirements of subsection (1) is guilty of a misdemeanor.
Mont. Code Ann. § 61-12-203 — MT Code / Title 61 / Chapter 12 / Part 2 / Section 61-12-203
61-12-203 Official attire required for making arrests and carrying firearms
Status: in_force

61-12-203 . Official attire required for making arrests and carrying firearms. Qualified employees may make arrests throughout the state only when dressed in official uniform and displaying the official badge authorized by the department. Authorized employees may not carry firearms unless officially attired.
Mont. Code Ann. § 61-8-313 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-313
61-8-313 Special speed limitations
Status: in_force

61-8-313 . Special speed limitations. (1) A person may not drive a vehicle equipped with solid rubber or cushion tires at a speed greater than 10 miles per hour.

(2) A person may not drive a vehicle over a bridge or other elevated structure constituting a part of a highway at a speed which is greater than the maximum speed which can be maintained with safety to the bridge or structure when the structure is signposted as provided in this section.

(3) The department of transportation upon request from a local authority may, or upon its own initiative shall, conduct an investigation of a bridge or other elevated structure constituting a part of a highway, and if it finds on investigation that the structure cannot safely withstand vehicles traveling at the speed otherwise permissible under this chapter, the commission shall set the maximum speed of vehicles which the structure can withstand, and the department shall erect and maintain suitable signs stating the maximum speed at a distance of not less than 100 feet before each end of the structure.

(4) Upon the trial of a person charged with a violation of this section, proof of the setting of the maximum speed by the commission and the existence of the signs is conclusive evidence of the maximum speed which can be maintained with safety to the bridge or structure.
Mont. Code Ann. § 61-8-302 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-302
61-8-302 Careless driving
Status: in_force

61-8-302 . Careless driving. (1) A person operating or driving a vehicle upon ways of this state open to the public shall drive it in a careful and prudent manner that does not unduly or unreasonably endanger the life, limb, property, or other rights of a person using the ways of this state open to the public.

(2) A person who is convicted of the offense of careless driving is subject to the penalties provided in 61-8-711 or 61-8-716 .
Mont. Code Ann. § 61-13-103 — MT Code / Title 61 / Chapter 13 / Part 1 / Section 61-13-103
61-13-103 Seatbelt use required -- exceptions
Status: in_force

61-13-103 . Seatbelt use required -- exceptions. (1) A driver may not operate a motor vehicle upon a highway of the state of Montana unless each occupant of a designated seating position is wearing a properly adjusted and fastened seatbelt or, if 61-9-420 applies, is properly restrained in a child safety restraint.

(2) The provisions of this section do not apply to:

(a) an occupant of a motor vehicle who possesses a written statement from a licensed physician, licensed physician assistant, or advanced practice registered nurse, as defined in 37-8-102 , that the occupant is unable to wear a seatbelt for medical reasons;

(b) an occupant of a motor vehicle in which all seatbelts are being used by other occupants;

(c) an operator of a motorcycle or a motor-driven cycle;

(d) an occupant of a vehicle licensed as special mobile equipment; or

(e) an occupant who makes frequent stops with a motor vehicle during official job duties and who may be exempted by the department.

(3) The department or its agent may not require a driver who may be in violation of this section to stop except:

(a) upon reasonable cause to believe that the driver has violated another traffic regulation or that the driver's vehicle is unsafe or not equipped as required by law; or

(b) if a person in the vehicle who is under 6 years of age and weighs less than 60 pounds is not properly restrained under 61-9-420 or this section.
Mont. Code Ann. § 61-8-911 — MT Code / Title 61 / Chapter 8 / Part 9 / Section 61-8-911
61-8-911 Rulemaking authority
Status: in_force

61-8-911 . Rulemaking authority. The department shall adopt reasonable and necessary rules to administer the provisions of this part.
Mont. Code Ann. § 61-3-602 — MT Code / Title 61 / Chapter 3 / Part 6 / Section 61-3-602
61-3-602 Enforcement
Status: in_force

61-3-602 . Enforcement. It is mandatory upon all police and peace officers of the state, of the counties of the state, and of towns, cities, and villages to carry out the provisions of chapter 4, part 1, and this chapter.
Mont. Code Ann. § 61-9-101 — MT Code / Title 61 / Chapter 9 / Part 1 / Section 61-9-101
61-9-101 Application -- exceptions
Status: in_force

61-9-101 . Application -- exceptions. (1) The provisions of this chapter relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except as provided in subsection (4) or where a different place is specifically referred to in a given section.

(2) The operation of motor vehicles directly across the public roads and highways of this state, especially as required in the transportation of natural resource products, including agricultural products and livestock, may not be considered to be the operation of the vehicles on the public roads and highways of this state. The crossings must be adequately marked with warning signs or devices relating to stopping before entry and to restoration of any damage, as may reasonably be prescribed by the state or local agency in control of safety of operation of the public highway involved.

(3) If a provision of this chapter conflicts with federal laws or regulations governing motor vehicle equipment standards, the applicable federal law or regulation supersedes.

(4) (a) Except as provided in subsection (4)(b) and subject to subsection (4)(c), the provisions of this chapter apply to the operation and equipping of a motorcycle or quadricycle only when the motorcycle or quadricycle is being operated on a paved highway. A person operating a motorcycle or quadricycle on an unpaved highway shall operate the motorcycle or quadricycle in a reasonable and prudent manner.

(b) Except as provided in subsection (4)(c), the requirements of 61-9-417 and 61-9-418 (2)(c) apply to the operation of a motorcycle or quadricycle at all times specified in those sections.

(c) The provisions of this chapter do not apply to the operation and equipping of a quadricycle that is being operated for agricultural purposes on an unpaved highway or on a paved highway that is not an interstate highway as defined in 60-1-103 .
Mont. Code Ann. § 61-9-307 — MT Code / Title 61 / Chapter 9 / Part 3 / Section 61-9-307
61-9-307 Trailer air reservoirs safeguarded
Status: in_force

61-9-307 . Trailer air reservoirs safeguarded. Air brake systems installed on trailers manufactured or assembled after January 1, 1966, shall be so designed that the supply reservoir used to provide air for the brakes shall be safeguarded against backflow of air from the reservoir through the supply line.
Mont. Code Ann. § 61-12-205 — MT Code / Title 61 / Chapter 12 / Part 2 / Section 61-12-205
61-12-205 Power to inspect vehicle registration, receipts, and other documents
Status: in_force

61-12-205 . Power to inspect vehicle registration, receipts, and other documents. Employees of the department designated or appointed as peace officers under 61-10-154 or 61-12-201 may when officially dressed make reasonable inspections of vehicle registration receipts, department receipts and registrations, special permits, and other documents required to be carried in or for a vehicle traveling on the public highways of Montana.
Mont. Code Ann. § 61-7-103 — MT Code / Title 61 / Chapter 7 / Part 1 / Section 61-7-103
61-7-103 Accidents involving another person or deceased person
Status: in_force

61-7-103 . Accidents involving another person or deceased person. The driver of any vehicle who knows or reasonably should have known that the driver has been in an accident with another person or a deceased person shall immediately stop the vehicle at the scene of the accident or as close to the accident as possible but shall then return to and in every event remain at the scene of the accident until the driver has fulfilled the requirements of 61-7-105 . Each stop at the scene of the accident must be made without obstructing traffic more than is necessary.
Mont. Code Ann. § 61-3-221 — MT Code / Title 61 / Chapter 3 / Part 2 / Section 61-3-221
61-3-221 Involuntary transfer
Status: in_force

61-3-221 . Involuntary transfer. (1) (a) An involuntary transfer of title to or any interest in a motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile may occur by operation of law through inheritance, devise, bequest, order in bankruptcy or insolvency, execution sale, or repossession upon default in the performance of the terms of a lease, executory sales contract, or security agreement or in any other manner other than by voluntary act of the person whose title or interest is transferred. Upon the involuntary transfer, the executor, administrator, receiver, trustee, sheriff, secured party, or other representative or successor in interest of the person whose interest is transferred shall send to the department:

(i) an application for a certificate of title; and

(ii) a verified or certified statement of the transfer of interest or a transfer statement, as defined in 30-9A-619 .

(b) The statement of transfer of interest must state the reason for the involuntary transfer, the interest transferred, the name of the person to whom the interest is to be transferred, the process or procedure creating the transfer, and other information requested by the department. A transfer statement submitted under this section must meet the requirements of 30-9A-619 . Evidence and instruments that are required by law in order to effect a transfer of legal or equitable title to or an interest in chattels must be submitted with the statement.

(c) Except as provided in subsection (2), if the department determines that the transfer is regular and that all legal requirements have been complied with, the department shall send notice of the intended transfer to the owner, conditional sales vendor, lessor, mortgagee, and other lienholder, as shown in the department's records. Deposit in the U.S. mail of the notice, postage prepaid, addressed to the person at the respective address shown in the department's records satisfies the notice required by this section. Not less than 5 days after sending the notice, the department shall issue a new certificate of title to the transferee.

(2) (a) Except as provided in subsection (2)(b), if an interest in a motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile that is not registered in this state is involuntarily transferred to a person in this state, the person to whom the interest is transferred shall follow the procedure provided in subsection (1).

(b) In lieu of the statement required in subsection (1), the department may accept an affidavit of repossession as executed by the person seeking the involuntary transfer.

(3) The department is not required to send notice for a transfer of interest occurring under subsection (2).
Mont. Code Ann. § 61-3-726 — MT Code / Title 61 / Chapter 3 / Part 7 / Section 61-3-726
61-3-726 New fleet -- estimated mileage
Status: in_force

61-3-726 . New fleet -- estimated mileage. The initial application for proportional registration of a fleet shall state the mileage data with respect to the fleet for the preceding year in this and other jurisdictions. If operations were not conducted with this fleet during the preceding year, the application shall contain a full statement of the proposed method of operation and estimates of annual mileage in this state and other jurisdictions. The department shall determine the in-state and total fleet miles to be used in computing the fee payment for the fleet. The department may evaluate and adjust the estimate in the application if it is not satisfied as to the correctness of the estimate.
Mont. Code Ann. § 61-9-104 — MT Code / Title 61 / Chapter 9 / Part 1 / Section 61-9-104
61-9-104 Required obedience to traffic laws
Status: in_force

61-9-104 . Required obedience to traffic laws. It is unlawful and, unless otherwise declared in this chapter with respect to particular offenses, it is a misdemeanor punishable as provided in 61-9-511 for any person to do any act forbidden or fail to perform any act required in this chapter.
Mont. Code Ann. § 61-8-204 — MT Code / Title 61 / Chapter 8 / Part 2 / Section 61-8-204
61-8-204 Reward for information on injury to or removal of sign or marker
Status: in_force

61-8-204 . Reward for information on injury to or removal of sign or marker. Upon conviction under the provisions of 61-8-713 , a person who furnishes information to law enforcement officers leading to the arrest and conviction of the accused person must be paid a reward from the highway nonrestricted account provided for in 15-70-125 in the sum of $100.
Mont. Code Ann. § 61-11-507 — MT Code / Title 61 / Chapter 11 / Part 5 / Section 61-11-507
61-11-507 Required disclosure
Status: in_force

61-11-507 . Required disclosure. Upon application, proof of the identity of a person requesting a record, and payment of the fees required in 61-11-510 , the department shall disclose personal information, excluding highly restricted personal information, from a motor vehicle record for use in implementing federal law and federal regulations regarding:

(1) motor vehicle or driver safety and theft;

(2) motor vehicle emissions;

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

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

(5) removal of nonowner records from the original owner records of motor vehicle manufacturers.
Mont. Code Ann. § 61-5-208 — MT Code / Title 61 / Chapter 5 / Part 2 / Section 61-5-208
61-5-208 Period of suspension or revocation -- limitation on issuance of probationary license -- notation on driver's license
Status: in_force

61-5-208 . Period of suspension or revocation -- limitation on issuance of probationary license -- notation on driver's license. (1) The department may not suspend or revoke a driver's license or privilege to drive a motor vehicle on the public highways, except as permitted by law.

(2) (a) Except as provided in 44-4-1205 and 61-2-302 and except as otherwise provided in this section, a person whose license or privilege to drive a motor vehicle on the public highways has been suspended or revoked may not have the license, endorsement, or privilege renewed or restored until the revocation or suspension period has been completed.

(b) Subject to 61-5-231 and except as provided in subsections (4) and (5) of this section:

(i) upon receiving a report of a person's conviction or forfeiture of bail or collateral not vacated for a first offense of violating 61-8-1002 , the department shall suspend the driver's license or driving privilege of the person for a period of 6 months;

(ii) upon receiving a report of a person's conviction or forfeiture of bail or collateral not vacated for a second offense of violating 61-8-1002 within the time period specified in 61-8-1011 , the department shall suspend the driver's license or driving privilege of the person for a period of 1 year and may not issue a probationary license during the period of suspension unless the person completes at least 45 days of the 1-year suspension and the report of conviction includes a recommendation from the court that a probationary driver's license be issued subject to the requirements of 61-8-1010 . Except as provided in subsection (5), if the 1-year suspension period passes and the person has not completed chemical dependency treatment, as required under 61-8-1009 , the license suspension remains in effect until treatment is completed.

(iii) upon receiving a report of a person's conviction or forfeiture of bail or collateral not vacated for a third or subsequent offense of violating 61-8-1002 within the time period specified in 61-8-1011 , the department shall suspend the driver's license or driving privilege of the person for a period of 1 year and may not issue a probationary license during the period of suspension unless the person completes at least 90 days of the 1-year suspension and the report of conviction includes a recommendation from the court that a probationary driver's license be issued subject to the requirements of 61-8-1010 . Except as provided in subsection (5), if the 1-year suspension period passes and the person has not completed chemical dependency treatment, as required under 61-8-1002 , the license suspension remains in effect until treatment is completed.

(3) (a) Except as provided in subsection (3)(b), the period of suspension or revocation for a person convicted of any offense that makes mandatory the suspension or revocation of the person's driver's license commences from the date of conviction or forfeiture of bail.

(b) A suspension commences from the last day of the prior suspension or revocation period if the suspension is for a conviction of driving with a suspended or revoked license.

(4) If a person is convicted of a violation of 61-8-1002 while operating a commercial motor vehicle, the department shall suspend the person's driver's license as provided in 61-8-802 .

(5) If a person has not completed the chemical dependency treatment required under 61-8-1009 before the end of the period of suspension or revocation required under this section, the department may restore or renew the person's driving privilege if:

(a) the person completed the chemical dependency assessment required under 61-8-1009 ; and

(b) the licensed addiction counselor conducting the assessment determined that treatment was not necessary.

(6) (a) A driver's license that is issued after a license revocation to a person described in subsection (6)(b) must be clearly marked with a notation that conveys the term of the person's probation restrictions.

(b) The provisions of subsection (6)(a) apply to a license issued to a person for whom a court has reported a felony conviction under 61-8-1008 , the judgment for which has as a condition of probation that the person may not operate a motor vehicle unless:

(i) operation is authorized by the person's probation officer; or

(ii) a motor vehicle operated by the person is equipped with an ignition interlock device.

(7) (a) A person whose driver's license is suspended may be issued a provisional, restricted, or probationary license if the person completes a court-ordered driver rehabilitation or a court-ordered improvement program.

(b) This subsection (7) does not apply to a person whose commercial driver's license is suspended under Title 61, chapter 8, part 8.
Mont. Code Ann. § 61-5-216 — MT Code / Title 61 / Chapter 5 / Part 2 / Section 61-5-216
61-5-216 Reinstatement of license
Status: in_force

61-5-216 . Reinstatement of license. Upon receipt of notification from the court that the operator has appeared or posted the bond and has paid the administrative fee required under 61-5-214 and if the reinstatement fee required under 61-2-107 or 61-5-218 has been paid, the department shall reinstate the license unless the operator otherwise is not entitled to reinstatement.
Mont. Code Ann. § 61-4-533 — MT Code / Title 61 / Chapter 4 / Part 5 / Section 61-4-533
61-4-533 Penalty
Status: in_force

61-4-533 . Penalty. A violation of any provision of this part is an unfair or deceptive trade practice under Title 30, chapter 14, part 2, and the penalties provided in 30-14-224 (1) apply.
Mont. Code Ann. § 61-9-302 — MT Code / Title 61 / Chapter 9 / Part 3 / Section 61-9-302
61-9-302 Service brakes -- adequacy
Status: in_force

61-9-302 . Service brakes -- adequacy. Every motor vehicle, trailer, semitrailer, and pole trailer and combination of these vehicles, except special mobile equipment, must be equipped with service brakes complying with the performance requirements of 61-9-312 and adequate to control the movement of and to stop and hold the vehicle under all conditions of loading and on any grade incident to its operation.
Mont. Code Ann. § 61-5-210 — MT Code / Title 61 / Chapter 5 / Part 2 / Section 61-5-210
61-5-210 No operation under foreign license during suspension or revocation in this state
Status: in_force

61-5-210 . No operation under foreign license during suspension or revocation in this state. A resident or nonresident whose license or right or privilege to operate a motor vehicle or commercial motor vehicle in this state has been suspended or revoked as provided in this chapter may not operate a motor vehicle or commercial motor vehicle in this state under a license, permit, or registration certificate issued by any other jurisdiction or otherwise during the suspension or after the revocation until a new license is obtained under this chapter.
Mont. Code Ann. § 61-9-520 — MT Code / Title 61 / Chapter 9 / Part 5 / Section 61-9-520
61-9-520 Violation of tire chain or traction device use -- penalty
Status: in_force

61-9-520 . Violation of tire chain or traction device use -- penalty. (1) A person violating the provisions of 61-9-406 (6) and (7) is guilty of the nonmoving offense of failure to use chains or approved traction devices when required and upon conviction shall be punished by a fine of:

(a) $250; or

(b) $750 when the result of the violation of this section is an incident that causes the closure of all lanes in one or both directions of a highway.

(2) A violation of 61-9-406 (6) and (7) is not a misdemeanor subject to 45-2-101 , 61-9-511 , or 61-9-512 .
Mont. Code Ann. § 61-3-334 — MT Code / Title 61 / Chapter 3 / Part 3 / Section 61-3-334
61-3-334 Transfer of ownership of motor vehicle -- duty to remove plates
Status: in_force

61-3-334 . Transfer of ownership of motor vehicle -- duty to remove plates. Upon the transfer of ownership of a motor vehicle, trailer, semitrailer, or pole trailer, the transferor shall immediately remove the license plates from the motor vehicle, trailer, semitrailer, or pole trailer.
Mont. Code Ann. § 61-9-517 — MT Code / Title 61 / Chapter 9 / Part 5 / Section 61-9-517
61-9-517 Violation of towing requirements -- penalty
Status: in_force

61-9-517 . Violation of towing requirements -- penalty. Any person violating any of the provisions of 61-9-416 shall be deemed guilty of a misdemeanor and subject to a penalty not to exceed $100.
Mont. Code Ann. § 61-8-369 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-369
61-8-369 Shooting from or across road or highway right-of-way
Status: in_force

61-8-369 . Shooting from or across road or highway right-of-way. Except as provided in 87-2-803 (5), a person may not shoot a firearm from or across the right-of-way of a highway.
Mont. Code Ann. § 61-6-401 — MT Code / Title 61 / Chapter 6 / Part 4 / Section 61-6-401
61-6-401 Short title
Status: in_force

61-6-401 . Short title. This part may be cited as the "Montana Automated Driving Systems Act".
Mont. Code Ann. § 61-8-726 — MT Code / Title 61 / Chapter 8 / Part 7 / Section 61-8-726
61-8-726 Violating speed limit in school zone -- penalty doubled -- disposition of fines
Status: in_force

61-8-726 . Violating speed limit in school zone -- penalty doubled -- disposition of fines. (1) A person convicted of violating a special speed limit in a school zone imposed by a local authority pursuant to 61-8-310 (1)(d) is guilty of a misdemeanor. Upon arrest and conviction, the person shall be punished by a fine of not less than double the penalty provided for the violation in 61-8-711 .

(2) The fine proceeds must be allocated as follows:

(a) 50% of the fine collected must be distributed as provided in 3-10-601 , 46-17-402 , or 46-18-235 ; and

(b) 50% must be forwarded to the local authority that adopted the special speed limit as provided in 61-8-310 (1)(d) for the purposes of erecting signs providing notice of the school zone, the speed limit, and the penalty or for other local law enforcement needs.
Mont. Code Ann. § 61-8-713 — MT Code / Title 61 / Chapter 8 / Part 7 / Section 61-8-713
61-8-713 Injury to or removal of sign or marker as misdemeanor -- penalty -- definition
Status: in_force

61-8-713 . Injury to or removal of sign or marker as misdemeanor -- penalty -- definition. (1) A person who maliciously injures, defaces, damages, or removes any sign, signal, or marker, either temporarily or permanently erected on the right-of-way of any secondary, state, or interstate highway for warning, instruction, or information of the public, is guilty of a misdemeanor and upon conviction shall be punished by a fine of $250, by imprisonment in the county jail for a period not exceeding 60 days, or both. This section applies to secondary, state, or interstate highways that are completed and to secondary, state, or interstate highways that are under construction or repair.

(2) A person may not, without lawful authority, attempt to or in fact alter, deface, injure, knock down, or remove any official traffic control device or any railroad sign or signal or any inscription, shield, or insignia on or part of the sign or device.

(3) As used in this section, "railroad sign or signal" means any sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train or other on-track equipment.
Mont. Code Ann. § 61-9-427 — MT Code / Title 61 / Chapter 9 / Part 4 / Section 61-9-427
61-9-427 Air-conditioning equipment -- sale prohibited
Status: in_force

61-9-427 . Air-conditioning equipment -- sale prohibited. (1) Refrigerant not allowed to be used pursuant to 61-9-426 may not be sold for use in motor vehicles in Montana.

(2) Motor vehicles and special mobile equipment with air-conditioning equipment that has refrigerants not allowed in 61-9-426 , if installed prior to April 18, 2003, are not subject to any penalties provided for under Title 61, chapter 9.
Mont. Code Ann. § 61-8-501 — MT Code / Title 61 / Chapter 8 / Part 5 / Section 61-8-501
61-8-501 Pedestrians subject to traffic regulations
Status: in_force

61-8-501 . Pedestrians subject to traffic regulations. (1) A pedestrian shall obey the instructions of any traffic control device that is specifically applicable to the pedestrian unless otherwise directed by a police officer.

(2) Pedestrians are subject to traffic control signals and pedestrian control signals at intersections as provided in 61-8-207 and 61-8-208 .

(3) At all other places, pedestrians are accorded the privileges and are subject to the restrictions provided in this part.

(4) Local authorities may by ordinance prohibit pedestrians from crossing a roadway within a local government's jurisdiction, except in a marked crosswalk or in an unmarked crosswalk at an intersection.

(5) Except as provided in 61-8-506 (3) and except when provisions by their nature can have no application, a person operating a manually or mechanically propelled wheelchair or other low-powered, mechanically propelled vehicle designed specifically for use by a physically disabled person is accorded the privileges and is subject to the restrictions applicable to pedestrians provided in this part.
Mont. Code Ann. § 61-4-503 — MT Code / Title 61 / Chapter 4 / Part 5 / Section 61-4-503
61-4-503 Replacement for nonconformity to warranty
Status: in_force

61-4-503 . Replacement for nonconformity to warranty. (1) If after a reasonable number of attempts the manufacturer or its agent or authorized dealer is unable, during the warranty period, to conform the new motor vehicle to any applicable express warranty by repairing or correcting any defect or condition that substantially impairs the use and market value or safety of the motor vehicle to the consumer, the manufacturer shall replace it with a new motor vehicle of the same model and style and of equal value, unless for reasons of lack of availability replacement is impossible, in which case the manufacturer shall replace it with a motor vehicle of comparable market value.

(2) As an alternative to replacement, the manufacturer may accept return of the new motor vehicle from the consumer upon refund to the consumer of the full purchase price, plus reasonable collateral charges and incidental damages, less a reasonable allowance for the consumer's use of the motor vehicle. The refund must be paid to the consumer and to a lienholder, if any, in proportion to their interests.
Mont. Code Ann. § 61-3-479 — MT Code / Title 61 / Chapter 3 / Part 4 / Section 61-3-479
61-3-479 Issuance of generic specialty license plates -- qualifications
Status: in_force

61-3-479 . Issuance of generic specialty license plates -- qualifications. (1) (a) Except as provided in subsection (1)(b), the department shall issue:

(i) a set of generic specialty license plates to a person who applies for a particular style of generic specialty license plates and pays the donation fee established by the plate sponsor and the administrative fee required in 61-3-480 ; or

(ii) a set of USS Montana specialty license plates to a person serving or retired from serving aboard the USS Montana who applies and pays the donation fee established by the plate sponsor and the administrative fee required in 61-3-480 .

(b) If the sponsor of a generic specialty license plate is not listed on the county collection report published by the state and required under 15-1-504 as of the initial distribution date for the sale of the sponsor's plates, the department shall require the sponsor to collect the initial donation fee from, and issue a special certificate of registration to, a person who is eligible to receive the sponsor's generic specialty license plates. The person shall present the special certificate of registration upon application for the generic specialty license plates.

(2) A set of generic specialty license plates may be issued for any motor vehicle except a motorcycle or a quadricycle.

(3) (a) Except as provided in 61-3-472 through 61-3-481 and 61-3-562 , a person who receives generic specialty license plates is subject to the same rules and laws as those that govern standard license plates.

(b) Except as provided in 61-3-472 through 61-3-481 and 61-3-562 , the department is subject to the same rules and laws that govern the issuance of standard license plates.

(c) Generic specialty license plates issued under 61-3-472 through 61-3-481 are not subject to any maximum issuance or use limitation that may be imposed on standard license plates.

(4) A person may combine an application for a generic specialty license plate with an application for a license plate with a design bearing a representation of a wheelchair as the symbol of a person with a disability as provided in 61-3-332 (9).
Mont. Code Ann. § 61-8-334 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-334
61-8-334 Limitation on U-turns -- turning on curve or crest of grade prohibited
Status: in_force

61-8-334 . Limitation on U-turns -- turning on curve or crest of grade prohibited. An operator of a vehicle may not turn the vehicle to proceed in the opposite direction:

(1) unless the movement can be made safely and without interfering with other traffic; or

(2) upon any curve or upon the approach to or near the crest of a grade where the vehicle cannot be seen by the operator of any other vehicle approaching from either direction within 500 feet.
Mont. Code Ann. § 61-7-114 — MT Code / Title 61 / Chapter 7 / Part 1 / Section 61-7-114
61-7-114 Accident reports confidential
Status: in_force

61-7-114 . Accident reports confidential. (1) All required accident reports and supplemental reports must be without prejudice to the individual reporting and must be for the confidential use of the department or other governmental agencies for accident prevention, roadway design, motor carrier safety monitoring purposes, or for the administration of the laws of this state relating to the deposit of security and proof of financial responsibility by persons driving or the owners of motor vehicles. The department may disclose the identity of a person involved in an accident when the identity is not otherwise known or when the person denies being present at the accident.

(2) Except as provided in this section, all accident reports and supplemental information filed as required by this part are confidential and not open to general public inspection. Except as provided in subsection (2)(e), copying of lists of reports is not permitted. The report and supplemental information, including witness statements, filed by law enforcement personnel, as required by this part, may be examined and copied, without obtaining a court order, by:

(a) a person named in the report or involved in the accident;

(b) the representative of the person referred to in subsection (2)(a), designated in writing, or the insurance carrier of that person;

(c) a party to a civil action arising from the accident;

(d) the executor, the administrator, or the attorney representing the executor or administrator if the person is deceased; or

(e) the general public, including commercial entities, for purposes of research into the history of vehicles, but the department may not disclose the name, address, or telephone number of, or other information allowing the identification of, any reporting person, accident victim, peace officer, or other person or any insurer named in a report or supplemental information, including witness statements.
Mont. Code Ann. § 61-5-232 — MT Code / Title 61 / Chapter 5 / Part 2 / Section 61-5-232
61-5-232 Restricted-use driving permit -- conditions -- definitions
Status: in_force

61-5-232 . Restricted-use driving permit -- conditions -- definitions. (1) A person who, pursuant to 61-5-105 (2), may not be issued a driver's license due to an ineligible status reported by another state to the national driver register may petition the district court of the county in which the person resides for a restricted-use driving permit for use only within the state of Montana if:

(a) the person has maintained continuous residence in Montana for at least 5 years and is not otherwise ineligible for a license under 61-5-105 ;

(b) the person submits a certified driving record from the licensing agency of each state that has reported the person's status as ineligible to the national driver register that shows that at least 5 years have elapsed from the effective date of the most recent withdrawal of the person's driver's license or driving privileges by the other state or states;

(c) for the 5-year period immediately preceding application for a restricted-use driving permit, the person has not been convicted in any jurisdiction of a felony or misdemeanor offense;

(d) the person certifies that no traffic citations or alcohol-related or drug-related criminal charges are currently pending against the person;

(e) the person certifies that a good faith effort was made to resolve the person's ineligible status through the licensing agency of each state or states that reported the person's status as ineligible to the national driver register, including the payment of any pending fees or fines; and

(f) the person provides any other information required by department rule.

(2) The department may issue a restricted-use driving permit only to a person who satisfies all of the requirements of this section as determined by a district court pursuant to subsection (1). A person who is issued a restricted-use driving permit may use it only for an essential driving purpose as defined by the department.

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

(a) "Most recent withdrawal" means the suspension, revocation, or denial of a driver's license or driving privilege underlying a current ineligible status report made by another state's licensing agency to the national driver register.

(b) "National driver register" means the registry established under 49 U.S.C. 30302.

(c) "Restricted-use driving permit" means a paper document authorizing a person to drive within this state for essential driving purposes only and that is issued by the department to a person whose status on the national driver register is reported as ineligible to operate a motor vehicle other than a commercial motor vehicle.
Mont. Code Ann. § 61-3-119 — MT Code / Title 61 / Chapter 3 / Part 1 / Section 61-3-119
61-3-119 Address of record -- basis for change -- acknowledgment of current address and service -- national change of address program
Status: in_force

61-3-119 . Address of record -- basis for change -- acknowledgment of current address and service -- national change of address program. (1) (a) Whenever a person completes and submits a department-prescribed form, application, or similar document to the department, an authorized agent, or a county treasurer under Title 23 or this title or whenever a person is issued a notice to appear for a violation of a statute or a municipal ordinance regulating the operation of motor vehicles on highways, the person shall provide the person's current address on the form, application, or similar document or to the peace officer issuing the notice to appear.

(b) By manually or digitally signing the prescribed form, application, or similar document authorizing the electronic submission of the document to the department or providing the information to a peace officer, the person acknowledges that:

(i) the address is correct;

(ii) subject to the provisions of subsection (2)(b), any official notice from the department, including an order of suspension or revocation or mail renewal notice, must be sent by prepaid first-class mail to the most recent address on:

(A) the signed form, application, or similar document; or

(B) if a conviction or bond forfeiture resulting from the notice to appear that was issued, the notice to appear; and

(iii) subject to the provisions of subsection (2)(b), the notice from the department must be considered to have been accepted by the person at that address.

(2) (a) The department may contract with the United States postal service or an authorized agent to use the national change of address system for the purpose of obtaining current address information for a person whose name appears in a motor vehicle or driver record maintained by the department.

(b) If the department receives information from the national change of address system that indicates that a person whose name appears in a record has moved to another address, the department may update its records to include the new address and, after that date or until the person notifies the department, use the new address to correspond with or notify the person by first-class mail.
Mont. Code Ann. § 61-4-404 — MT Code / Title 61 / Chapter 4 / Part 4 / Section 61-4-404
61-4-404 Threats prima facie evidence
Status: in_force

61-4-404 . Threats prima facie evidence. Any threat, expressed or implied, made directly or indirectly to any dealer by any manufacturer or by any person who is engaged in the business of financing the purchase or sale of motor vehicles and is affiliated with or controlled by any manufacturer that the manufacturer will cease to sell or will terminate or refuse to enter into a contract to sell motor vehicles to the dealer unless the dealer finances the purchase or sale of any motor vehicles only with or through a designated person is presumed to be made at the direction of and with the authority of the manufacturer. The threat is prima facie evidence of the fact that the manufacturer has sold or intends to sell the motor vehicles on the condition or under the agreement prohibited by the provisions of this part.
Mont. Code Ann. § 61-8-1009 — MT Code / Title 61 / Chapter 8 / Part 10 / Section 61-8-1009
61-8-1009 Driving under influence -- assessment, education, and treatment required
Status: in_force

61-8-1009 . Driving under influence -- assessment, education, and treatment required. (1) In addition to the punishments provided in 61-8-1007 and 61-8-1008 , regardless of disposition, a defendant convicted of a violation of driving under the influence, including 61-8-1002 , an offense that meets the definition of aggravated driving under the influence in 61-8-1001 , or a similar offense under previous laws of this state or the laws of another state shall complete a chemical dependency assessment and:

(a) for a first conviction, except as provided in subsection (8)(b), a chemical dependency education course; and

(b) for a second or subsequent conviction for a violation of driving under the influence, including 61-8-1002 (1)(a), (1)(b), (1)(c), (1)(d), or (1)(f), an offense that meets the definition of aggravated driving under the influence in 61-8-1001 , or a similar offense under previous laws of this state or the laws of another state, except a fourth or subsequent conviction for which the defendant completes a residential alcohol treatment program under 61-8-1008 (1)(a)(i), or as required by subsection (8) of this section, chemical dependency treatment.

(2) The sentencing judge may, in the judge's discretion, require the defendant to complete the chemical dependency assessment prior to sentencing the defendant. If the assessment is not ordered or completed before sentencing, the judge shall order the chemical dependency assessment as part of the sentence.

(3) The chemical dependency assessment and the chemical dependency education course must be completed at a treatment program approved by the department of public health and human services and must be conducted by a licensed addiction counselor. Approved programs must be evidence-based programs. The defendant may attend a treatment program of the defendant's choice as long as the treatment services are provided by a licensed addiction counselor. The defendant shall pay the cost of the assessment, the education course, and chemical dependency treatment and may use health insurance to cover the costs when possible.

(4) The assessment must describe the defendant's level of addiction, if any, and contain a recommendation as to education, treatment, or both. The assessment must conform to quality standards required by the department of public health and human services. A defendant who disagrees with the initial assessment may, at the defendant's cost, obtain a second assessment provided by a licensed addiction counselor or a program approved by the department of public health and human services.

(5) The treatment provided to the defendant at a treatment program must be at a level appropriate to the defendant's alcohol or drug problem, or both, as determined by a licensed addiction counselor pursuant to diagnosis and patient placement rules adopted by the department of public health and human services. The rules must include evidence-based treatment programs or courses approved by the department that are likely to reduce recidivism. Upon determination, the court shall order the defendant's appropriate level of treatment. If more than one counselor makes a determination as provided in this subsection, the court shall order an appropriate level of treatment based on the determination of one of the counselors.

(6) Each counselor providing education or treatment shall, at the commencement of the education or treatment, notify the court that the defendant has been enrolled in a chemical dependency education course or treatment program. If the defendant fails to attend the course or treatment program, the counselor shall notify the court of the failure.

(7) A court or counselor may not require attendance at a self-help program other than at an open meeting, as that term is defined by the self-help program. A defendant may voluntarily participate in self-help programs.

(8) (a) Chemical dependency treatment must be ordered for a first-time or second-time offender convicted of a violation of driving under the influence, including 61-8-1002 , an offense that meets the definition of aggravated driving under the influence in 61-8-1001 , or a similar offense under previous laws of this state or the laws of another state upon a finding of moderate or severe alcohol or drug use disorder made by a licensed addiction counselor pursuant to diagnosis and patient placement rules adopted by the department of public health and human services.

(b) If treatment is ordered under subsection (8)(a) for a first-time offender, the offender may not also be required to attend a chemical dependency education course.

(9) (a) On a second or subsequent conviction, the treatment program provided for in subsection (5) must be followed by monthly monitoring for a period of at least 1 year from the date of admission to the program.

(b) If a defendant fails to comply with the monitoring program imposed under subsection (9)(a), the court shall revoke the suspended sentence, if any, impose any remaining portion of the suspended sentence, and may include additional monthly monitoring for up to an additional 1 year.

(10) Notwithstanding 46-18-201 (2), whenever a judge suspends a sentence imposed under 61-8-1007 and orders the person to complete chemical dependency treatment under this section, the judge retains jurisdiction to impose any suspended sentence for up to 1 year.
Mont. Code Ann. § 61-9-437 — MT Code / Title 61 / Chapter 9 / Part 4 / Section 61-9-437
61-9-437 Airbag fraud prohibition -- definitions
Status: in_force

61-9-437 . Airbag fraud prohibition -- definitions. (1) A person may not knowingly:

(a) import, manufacture, sell, offer for sale, install, or reinstall in a motor vehicle a counterfeit supplemental restraint system component, a nonfunctional airbag, or an object that does not comply with Federal Motor Vehicle Safety Standard No. 208, 49 CFR 571.208, as of February 12, 2023, for the make, model, and year of the motor vehicle;

(b) sell, offer for sale, install, or reinstall in a motor vehicle a device that causes a motor vehicle's diagnostic system to inaccurately indicate that the motor vehicle is equipped with a properly functioning airbag; or

(c) sell, lease, trade, or transfer a motor vehicle if the person knows that a counterfeit supplemental restraint system component, a nonfunctional airbag, or an object that does not comply with Federal Motor Vehicle Safety Standard No. 208, 49 CFR 571.208, as of February 12, 2023, for the make, model, and year of the motor vehicle has been installed as part of the motor vehicle's restraint system.

(2) A person who violates this section is subject to the penalties provided in 61-9-522 .

(3) As used in this section:

(a) "Airbag" means a motor vehicle inflatable occupant restraint system device that is part of a supplemental restraint system.

(b) "Counterfeit supplemental restraint system component" means a replacement supplemental restraint system component, including but not limited to an airbag, that displays a mark identical to, or substantially similar to, the genuine mark of a motor vehicle manufacturer or a supplier of parts to the manufacturer of a motor vehicle without authorization from that manufacturer or supplier, respectively.

(c) "Nonfunctional airbag" means a replacement airbag that meets any of the following criteria:

(i) the airbag was previously deployed or damaged;

(ii) the airbag has an electric fault that is detected by the vehicle's airbag diagnostic system when the installation procedure is completed and the vehicle is returned to the customer who requested the work to be performed or when ownership is intended to be transferred;

(iii) the airbag includes a part or object, including a supplemental restraint system component, that is installed in a motor vehicle to mislead the owner or operator of the motor vehicle into believing that a functional airbag has been installed; or

(iv) the airbag is subject to the prohibitions of 49 U.S.C. 30120(j), as of February 12, 2023.

(d) "Supplemental restraint system" means a passive inflatable motor vehicle occupant crash protection system designed for use in conjunction with a seat belt assembly as defined in 49 CFR 571.209. A supplemental restraint system includes one or more airbags and all components required to ensure that an airbag works as designed by the vehicle manufacturer including both of the following:

(i) the airbag operates as designed in the event of a crash; and

(ii) the airbag is designed to meet federal motor vehicle safety standards for the specific make, model, and year of the vehicle in which it is or will be installed.

(4) A person convicted of violating this section is subject to the penalties provided in 61-9-522 .
Mont. Code Ann. § 61-4-506 — MT Code / Title 61 / Chapter 4 / Part 5 / Section 61-4-506
61-4-506 Provisions nonexclusive -- applicability of U.C.C. -- defenses
Status: in_force

61-4-506 . Provisions nonexclusive -- applicability of U.C.C. -- defenses. (1) The provisions of this part do not limit the rights or remedies available to a consumer under any other law.

(2) All express warranties arising from the sale of a new motor vehicle are subject to the provisions of Title 30, chapter 2, part 3.

(3) It is an affirmative defense to a claim brought under this part that an alleged nonconformity does not substantially impair the use, market value, or safety of the motor vehicle or that the nonconformity is the result of abuse, neglect, or unauthorized modification or alteration of a motor vehicle by the consumer.
Mont. Code Ann. § 61-3-455 — MT Code / Title 61 / Chapter 3 / Part 4 / Section 61-3-455
61-3-455 Violation a misdemeanor
Status: in_force

61-3-455 . Violation a misdemeanor. A person who violates 61-3-414 , 61-3-458 , or 61-3-460 or who knowingly and wrongfully attempts to secure license plates under 61-3-332 , 61-3-414 , 61-3-458 , or 61-3-460 is guilty of a misdemeanor and shall be punished by a fine of not less than $100 or imprisonment for not more than 30 days, or both.
Mont. Code Ann. § 61-8-318 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-318
61-8-318 Rotary traffic islands and roundabouts -- definitions
Status: in_force

61-8-318 . Rotary traffic islands and roundabouts -- definitions. (1) A vehicle passing around a rotary traffic island or a roundabout:

(a) may be driven only to the right of the island or to the right of the center of the roundabout; and

(b) has right-of-way over all vehicles approaching the island or roundabout.

(2) (a) A vehicle approaching a rotary traffic island or a roundabout must yield the right-of-way to all vehicles passing around the island or roundabout.

(b) A vehicle approaching a roundabout may not enter the roundabout in a manner that interferes with the travel of a towing vehicle simultaneously entering the roundabout.

(3) (a) If the approach to a rotary traffic island or roundabout has multiple lanes of traffic for travel in the same direction, a towing vehicle may, with due regard for all other traffic, deviate from its lane in order to safely approach or pass around the island or roundabout. Vehicles traveling in the same direction as the hauling vehicle must yield the right-of-way and may not attempt to pass.

(b) If a towing vehicle is poised to enter a roundabout simultaneously with a second towing vehicle, the vehicle to the left has the right-of-way and the vehicle to the right must yield.

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

(a) "Roundabout" means a circular intersection.

(b) "Towing vehicle" means a vehicle that is towing one or more vehicles.
Mont. Code Ann. § 61-7-116 — MT Code / Title 61 / Chapter 7 / Part 1 / Section 61-7-116
61-7-116 Any incorporated city permitted to require accident reports
Status: in_force

61-7-116 . Any incorporated city permitted to require accident reports. Any incorporated city, town, village, or other municipality may by ordinance require that the driver of a vehicle involved in an accident shall also file with a designated city department a report of such accident or a copy of any report herein required to be filed with the department of justice. All such reports shall be for the confidential use of the city department and subject to the provisions of 61-7-114 .
Mont. Code Ann. § 61-7-118 — MT Code / Title 61 / Chapter 7 / Part 1 / Section 61-7-118
61-7-118 Penalty for violation
Status: in_force

61-7-118 . Penalty for violation. (1) Except as provided in subsections (2) and (3), a person violating any provision of 61-7-103 , 61-7-105 through 61-7-110 , or 61-7-112 through 61-7-114 is guilty of a misdemeanor. Upon a first conviction, the offender shall be punished by a fine of not less than $200 or more than $300 or by imprisonment for not more than 20 days. For a second conviction within 1 year of the first conviction, the offender shall be punished by a fine of not less than $300 or more than $400, by imprisonment for not more than 30 days, or both. Upon a third or subsequent conviction within 1 year of the first conviction, an offender shall be punished by a fine of not less than $400 or more than $500, by imprisonment for not more than 6 months, or both.

(2) A driver failing to comply with any provisions of 61-7-103 or 61-7-105 in an accident resulting in injury to any person shall upon conviction be punished by imprisonment for a term of not less than 30 days or more than 1 year, by a fine of not less than $100 or more than $5,000, or by both fine and imprisonment.

(3) A driver failing to comply with any provision of 61-7-103 or 61-7-105 in an accident resulting in serious bodily injury, as defined in 45-2-101 , or death of any person or resulting in the driver striking the body of a deceased person shall upon conviction be punished by imprisonment in the state prison for a term of not less than 1 year or more than 10 years, by a fine in an amount not to exceed $50,000, or by both fine and imprisonment. Upon conviction, the department shall also revoke the driver's license, permit to drive, or any nonresident operating privilege for the period prescribed in 61-5-205 .

(4) Subject to the limitations of 46-18-231 (3), an offender who fails to pay a fine shall be imprisoned in the county jail in the county in which the offense was committed, and the punishment must be commuted at the rate of 1 day's incarceration for each $75 of the fine.
Mont. Code Ann. § 61-8-506 — MT Code / Title 61 / Chapter 8 / Part 5 / Section 61-8-506
61-8-506 Pedestrians on roadways and highways -- wheelchair use on highways
Status: in_force

61-8-506 . Pedestrians on roadways and highways -- wheelchair use on highways. (1) Where sidewalks are provided and their use is practicable, a pedestrian may not walk along and upon an adjacent roadway.

(2) Where sidewalks are not provided, a pedestrian, other than an intoxicated pedestrian referred to in 61-8-508 , who is walking along and upon a highway may walk only on the shoulder, as far as practicable from the edge of the roadway.

(3) A person using a wheelchair or other vehicle designed specifically for use by a physically disabled person shall use sidewalks if use of sidewalks is practicable. If use of sidewalks is unsafe or not practicable, the person may use the wheelchair or other vehicle on a highway, as far as practicable from the center of the roadway.
Mont. Code Ann. § 61-8-383 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-383
61-8-383 Vehicles not in funeral procession
Status: in_force

61-8-383 . Vehicles not in funeral procession. The driver of a vehicle that is not part of a funeral procession may not:

(1) drive between the vehicles forming a funeral procession while they are in motion except when:

(a) authorized to do so by a police officer; or

(b) driving an authorized emergency vehicle emitting an audible or visible signal;

(2) join a funeral procession to secure the right-of-way granted by 61-8-380 ;

(3) pass a funeral procession on a multiple-lane highway on the funeral procession's right side unless the funeral procession is in the farthest left lane;

(4) enter an intersection, even if the driver is facing a green traffic control signal, when a funeral procession being conducted in compliance with 61-8-379 through 61-8-384 is proceeding through a red traffic control signal at that intersection as permitted by 61-8-380 unless the driver can do so without crossing the path of the funeral procession. If the red signal changes to green while the funeral procession is within the intersection, the driver of a vehicle facing a green signal may proceed subject to the right-of-way of a vehicle participating in a funeral procession.
Mont. Code Ann. § 61-8-336 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-336
61-8-336 Turning movements and required signals
Status: in_force

61-8-336 . Turning movements and required signals. (1) A person may not turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required by 61-8-333 or turn a vehicle to enter a private road or driveway or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless the movement can be made with reasonable safety and until an appropriate signal has been given. A person may not turn a vehicle without giving an appropriate signal in the manner provided in this section.

(2) A signal of intention to turn right or left, other than when passing, must be given continuously during not less than the last 100 feet traveled by the vehicle before turning in any business district, residence district, or urban district.

(3) A signal of intention to turn right or left, other than when passing, must be given continuously during not less than the last 300 feet traveled by the vehicle before turning in areas other than those set forth in subsection (2).

(4) A person may not stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal to the operator of a vehicle immediately to the rear when there is opportunity to give the signal.
Mont. Code Ann. § 61-4-212 — MT Code / Title 61 / Chapter 4 / Part 2 / Section 61-4-212
61-4-212 Damage notice -- definition
Status: in_force

61-4-212 . Damage notice -- definition. (1) Except as provided in subsection (2), a franchisor is required:

(a) to disclose in writing to a new motor vehicle dealer damage to a new motor vehicle delivered to the new motor vehicle dealer if the damage is known to the franchisor and repaired, the damage occurred after the manufacturing process is complete but before delivery to the new motor vehicle dealer, and the damage exceeds 5% of the franchisor's suggested retail price as calculated at the rate of the new motor vehicle dealer's authorized warranty rate for labor and parts; and

(b) to disclose in writing to a purchaser of the new motor vehicle before entering into a sales contract that the new motor vehicle has been damaged and repaired if the damage to the new motor vehicle exceeds 5% of the franchisor's suggested retail price as calculated at the rate of the new motor vehicle dealer's authorized warranty rate for labor and parts.

(2) Disclosure is not required for any glass, tires, or bumper of a new motor vehicle if the damaged item has been replaced with original or comparable equipment.

(3) If disclosure is not required under subsection (2), a purchaser may not revoke or rescind a sales contract due solely to the fact that the new motor vehicle was damaged and repaired before completion of the sale.

(4) As used in this section, "franchisor's suggested retail price" means the retail price of the new motor vehicle suggested by the franchisor, including the retail delivered price suggested by the franchisor for each accessory or item of optional equipment physically attached to the new motor vehicle at the time of delivery to the new motor vehicle dealer that is not included within the retail price suggested by the franchisor for the new motor vehicle.
Mont. Code Ann. § 61-10-148 — MT Code / Title 61 / Chapter 10 / Part 1 / Section 61-10-148
61-10-148 Disposition of fines and forfeited bonds
Status: in_force

61-10-148 . Disposition of fines and forfeited bonds. (1) Except as provided in 61-12-701 and subsection (2) of this section, all the money collected as fines and forfeited bonds for violations of Title 61, chapter 10, must be remitted monthly by the county treasurer to the state, as provided in 15-1-504 , for deposit in the state general fund. This subsection does not apply to fines and forfeited bonds paid to justices' courts.

(2) If the apprehension or arrest was for a violation of Title 61, chapter 10, and if the offense occurred on a road or highway not included under the provisions of 60-2-128 and 60-2-203 , all money collected as fines and forfeited bonds must be deposited in the state general fund.
Mont. Code Ann. § 61-2-502 — MT Code / Title 61 / Chapter 2 / Part 5 / Section 61-2-502
61-2-502 Definitions
Status: in_force

61-2-502 . Definitions. As used in this part, the following definitions apply:

(1) "Aircraft" has the meaning provided in 67-1-101 . The term includes any fixed-wing airplane or helicopter.

(2) (a) "Ambulance" means a privately or publicly owned motor vehicle or aircraft that is maintained and used for the transportation of patients.

(b) The term does not include:

(i) a motor vehicle or aircraft owned by or operated under the direct control of the United States; or

(ii) air transportation services, such as charter or fixed-based operators, that are regulated by the federal aviation administration and that offer no special medical services or provide only transportation to patients or persons at the direction or under the supervision of an independent physician.

(3) "Department" means the department of transportation provided for in 2-15-2501 .

(4) "Emergency care provider" means a person licensed pursuant to Title 50, chapter 6, part 2, including but not limited to an emergency medical responder, an emergency medical technician, an advanced emergency medical technician, or a paramedic. An emergency care provider with an endorsement may provide community-integrated health care.

(5) "Emergency medical service" means an out-of-hospital treatment service or interfacility emergency medical transportation provided by an ambulance or nontransporting medical unit.

(6) (a) "Emergency response vehicle" means a vehicle used for the dedicated purpose of responding to emergency medical calls.

(b) The term does not include a vehicle used for an individual's personal purposes.

(7) "Nontransporting medical unit" means an aggregate of persons who are organized to respond to a call for emergency medical service and to treat a patient until the arrival of an ambulance. Nontransporting medical units provide any one of varying types and levels of service defined by department of public health and human services rule but may not transport patients.

(8) (a) "Patient" means an individual who is sick, injured, wounded, or otherwise incapacitated or helpless.

(b) Unless otherwise defined by rule for community-integrated health care, the term does not include an individual who is nonambulatory and who needs transportation assistance solely because that individual is confined to a wheelchair as the individual's usual means of mobility.

(9) "Person" means an individual, firm, partnership, association, corporation, company, group of individuals acting together for a common purpose, or organization of any kind, including a governmental agency other than the United States.

(10) "Volunteer emergency care provider" means an individual who is licensed pursuant to Title 50, chapter 6, part 2, and provides out-of-hospital, emergency medical, or community-integrated health care or interfacility transport:

(a) on the days and the times of the day chosen by the individual; and

(b) for an emergency medical service other than:

(i) a private ambulance company, unless the care is provided without compensation and outside of the individual's regular work schedule; or

(ii) a private business or a public agency, as defined in 7-1-4121 , that employs the individual on a regular basis with a regular, hourly wage to provide emergency medical or community-integrated health care as part of the individual's job duties.
Mont. Code Ann. § 61-12-303 — MT Code / Title 61 / Chapter 12 / Part 3 / Section 61-12-303
61-12-303 Requirements for license
Status: in_force

61-12-303 . Requirements for license. (1) The commissioner may not issue a license to a company until the company has filed the following:

(a) a formal application in the form and detail that the commissioner may require, executed under oath by its president or other principal officer;

(b) a copy of the form of its contract;

(c) a certified copy of its charter or articles of incorporation and its bylaws, if any;

(d) a financial statement in the form and detail that the commissioner may require, executed on oath by its president or other principal officer;

(e) a certificate from the commissioner that it has complied with 61-12-304 in all cases in which a deposit of cash or a bond is required by this part;

(f) if the company is a corporation, a certificate from the secretary of state that the company has complied with this state's corporate laws.

(2) The commissioner may not issue a license to a company until the company has paid to the commissioner $100 as an annual license fee or the pro rata portion of the $100 necessary to be paid to the end of the current calendar year from the date of the application for the license.

(3) The commissioner may not issue a license to a company until the company has satisfied by an examination and evidence that the commissioner may require that the company has complied with the laws of the state, that its management is trustworthy and competent, and that the company is financially responsible.
Mont. Code Ann. § 61-4-531 — MT Code / Title 61 / Chapter 4 / Part 5 / Section 61-4-531
61-4-531 Nondelegable
Status: in_force

61-4-531 . Nondelegable. The liabilities and obligations contained in this part may not be delegated or assigned to or assumed by any other person or entity.
Mont. Code Ann. § 61-8-703 — MT Code / Title 61 / Chapter 8 / Part 7 / Section 61-8-703
61-8-703 Arrest without warrant in radar cases
Status: in_force

61-8-703 . Arrest without warrant in radar cases. (1) The driver of a motor vehicle may be arrested without a warrant under this section if the arresting officer is in uniform or displays the officer's badge of authority and has either:

(a) observed the recording of the speed of the vehicle by radio microwaves or other electrical device; or

(b) received, from the officer who has observed the speed of the vehicle recorded by the radio microwaves or other electrical device, a radio message giving the license number or other sufficient identification of the vehicle and the recorded speed, dispatched immediately after the speed of the vehicle was recorded.

(2) The arrest without a warrant of any driver must be made immediately after the observation or radio message and as the result of uninterrupted pursuit.
Mont. Code Ann. § 61-4-207 — MT Code / Title 61 / Chapter 4 / Part 2 / Section 61-4-207
61-4-207 Determination of good cause
Status: in_force

61-4-207 . Determination of good cause. (1) In determining whether good cause has been established for terminating or not continuing a franchise, the department shall take into consideration all the existing circumstances, including but not limited to:

(a) the franchisee's sales in relation to the Montana market that are essential, reasonable, and not discriminatory and that take into account the franchisee's local market variations beyond adjusting for the local popularity of general vehicle types;

(b) investment necessarily made and obligations incurred by the franchisee in the performance of the franchisee's part of the franchise;

(c) permanency of the investment;

(d) whether it is injurious to the public welfare for the business of the franchisee to be discontinued;

(e) whether the franchisee has adequate new motor vehicle facilities, equipment, parts, and qualified management, sales, and service personnel to reasonably provide consumer care for the new motor vehicles sold at retail by the franchisee and any other new motor vehicle of the same line-make;

(f) whether the franchisee refuses to honor warranties of the franchisor to be performed by the franchisee if the franchisor reimburses the franchisee for warranty work performed by the franchisee pursuant to this part;

(g) except as provided in subsection (2), actions by the franchisee that result in a material breach of the written and uniformly applied requirements of the franchise that are determined by the department to be reasonable and material; and

(h) the enforceability of the franchise from a public policy standpoint, including issues of the reasonableness of the franchise's terms and the parties' relative bargaining power.

(2) Notwithstanding the terms, provisions, or conditions of an agreement or franchise, the following do not constitute good cause for the termination or noncontinuance of a franchise:

(a) a change in ownership of the franchisee's dealership;

(b) the fact that the franchisee refused to purchase or accept delivery of a new motor vehicle, part, accessory, or any other commodity or service not ordered by the franchisee;

(c) the failure of a franchisee to change location of the dealership or to make substantial alterations to the use or number of franchises or the dealership premises or facilities; or

(d) the desire of a franchisor or a franchisor's representative:

(i) for greater market penetration; or

(ii) to alter the number of the franchisor's or franchisor's representative's franchises or dealer locations.

(3) In determining whether good cause has been established for entering into an additional franchise for the same line-make, the department shall take into consideration the existing circumstances, including but not limited to:

(a) amount of business transacted by other existing franchisees of the same line-make in that community;

(b) investment necessarily made and obligations incurred by other existing franchisees of the same line-make in that community in the performance of their part of their franchise agreements and the date of the investment made and the obligations incurred by the existing franchisees in relation to the date of appointment of the additional franchisee;

(c) whether the other existing franchisees of the same line-make in that community are substantially compliant with reasonable manufacturer requirements for providing adequate consumer care, including satisfactory new motor vehicle dealer sales and service facilities, special and essential tools and equipment, replacement parts supply, and qualified management, sales, and service personnel, for the new motor vehicle products of the line-make;

(d) whether the demographic characteristics, including population, of that community have changed sufficiently since the appointment of the other existing franchisees to support the economic viability of both the other existing franchisees and the additional franchisee; and

(e) whether the franchisor's action is in good faith.
Mont. Code Ann. § 61-12-404 — MT Code / Title 61 / Chapter 12 / Part 4 / Section 61-12-404
61-12-404 Sale or release of vehicle if not reclaimed
Status: in_force

61-12-404 . Sale or release of vehicle if not reclaimed. (1) (a) Except as provided in subsection (1)(b), if a vehicle is not reclaimed, as provided in 61-12-403 , within 30 days after notification by certified mail or prescribed publication, the sheriff of the county or the city police of the city in which the vehicle is being stored may sell it at public auction in the manner provided in 25-13-701 through 25-13-709 .

(b) When a vehicle is taken into custody as a result of the arrest of the driver of the vehicle, the owner, lienholder, or person entitled to possession of the vehicle has 60 days after notification by certified mail or prescribed publication to reclaim the vehicle as provided in 61-12-403 . If the vehicle is not reclaimed within 60 days after notification, the vehicle may be considered abandoned and may be sold under the provisions of this section.

(2) If the sheriff or city police elect not to sell a vehicle under subsection (1)(a) or (1)(b) and the vehicle is being stored by a qualified tow truck operator, as defined in 61-8-903 , the sheriff or city police shall release the vehicle to the qualified tow truck operator.

(3) After a vehicle has been sold pursuant to subsection (1)(a) or (1)(b) or released pursuant to subsection (2), the former owner or person entitled to possession has no further right, title, claim, or interest in or to the vehicle.
Mont. Code Ann. § 61-3-707 — MT Code / Title 61 / Chapter 3 / Part 7 / Section 61-3-707
61-3-707 Health care professional exception
Status: in_force

61-3-707 . Health care professional exception. (1) Before a motor vehicle exempted pursuant to 15-6-217 may be operated in Montana, the person responsible for the motor vehicle shall apply for and obtain a window decal from the county treasurer. The fee for the decal is $2, which must be remitted to the state and deposited in the state general fund. The department shall supply the decals to the county treasurers.

(2) An application approved by the department must include a verification from the employer that the person is employed by a Montana health care facility that is located in an area that has been:

(a) designated by the secretary of the federal department of health and human services as a health professional shortage area, as provided in 42 U.S.C. 254(e); or

(b) determined to have a critical shortage of nurses, as provided in 42 U.S.C. 297n(a)(3).

(3) Decals expire each year on December 31 of the year in which issued, and application for renewal of registration must be filed with the county treasurer no later than February 15 of each year. Decals must be color-coded to distinguish the year.

(4) A current window decal must be displayed on the lower right-hand corner of the windshield.
Mont. Code Ann. § 61-8-378 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-378
61-8-378 Low-speed electric vehicle -- golf cart operated by person with low-speed restricted driver's license -- operating requirements
Status: in_force

61-8-378 . Low-speed electric vehicle -- golf cart operated by person with low-speed restricted driver's license -- operating requirements. (1) A low-speed electric vehicle may be operated only by a person with a low-speed restricted driver's license.

(2) A low-speed electric vehicle or golf cart operated by a person with a low-speed restricted driver's license may be operated only on a highway for which the posted speed limit does not exceed 25 miles per hour.

(3) A low-speed electric vehicle or golf cart operated by a person with a low-speed restricted driver's license may not cross a highway with a posted speed limit of greater than 45 miles per hour.

(4) Except as provided in subsections (1) through (3), the provisions of this chapter apply to a low-speed electric vehicle or golf cart operated by a person with a low-speed restricted driver's license.
Mont. Code Ann. § 61-5-135 — MT Code / Title 61 / Chapter 5 / Part 1 / Section 61-5-135
61-5-135 Education on distracted driving
Status: in_force

61-5-135 . Education on distracted driving. (1) The department, in consultation with the superintendent of public instruction, shall encourage schools providing traffic education to include in their traffic education curriculum information regarding the dangers of physical and cognitive distractions while driving.

(2) To reduce the risks for novice drivers, the department shall include in its publications intended for novice drivers information concerning the dangers of physical and cognitive distractions while driving, including but not limited to mental inattentiveness because of stress, fatigue, heightened emotion, conversation with passengers, stereo or climate control adjustment, food and drink, use of electronic devices, and personal grooming.
Mont. Code Ann. § 61-2-102 — MT Code / Title 61 / Chapter 2 / Part 1 / Section 61-2-102
61-2-102 Definitions
Status: in_force

61-2-102 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Department" means the department of transportation.

(2) "Highway traffic safety program" means a program designed to reduce traffic accidents, deaths, injuries to persons, and damage to property. The program must be in accordance with uniform guidelines established pursuant to 23 U.S.C. 402, as amended, and may include defensive driving programs administered by the entity designated by the governor in 61-2-103 . Nothing in this part restricts or prohibits the establishment of standards that enlarge or implement the federal standards.

(3) "Political subdivisions" means each county, incorporated city or town, and school district within the boundaries of the state.
Mont. Code Ann. § 61-9-405 — MT Code / Title 61 / Chapter 9 / Part 4 / Section 61-9-405
61-9-405 Windshields required, exception -- unobstructed and equipped with wipers -- window tinting and sunscreening -- restrictions -- exemptions -- definitions
Status: in_force

61-9-405 . Windshields required, exception -- unobstructed and equipped with wipers -- window tinting and sunscreening -- restrictions -- exemptions -- definitions. (1) A motor vehicle, except a motorcycle, quadricycle, motor-driven cycle, or farm tractor, must be equipped with a front windshield meeting the requirements of 61-9-408 , unless the driver wears safety glasses, goggles, or face shields at all times during the operation of the motor vehicle.

(2) A person may not drive a motor vehicle with:

(a) a sign, poster, substance, or other nontransparent material upon the front windshield, side wings, or side or rear windows of the vehicle that materially obstructs, obscures, or impairs the driver's clear view of the highway or an intersecting highway; or

(b) a windshield that is shattered or in such a defective condition that it materially impairs or obstructs the driver's clear view.

(3) The windshield on a motor vehicle must be equipped with a device for clearing rain, snow, or other moisture from the windshield. The device must be maintained in good working order.

(4) A person may not operate a motor vehicle that is required to be registered in this state upon a highway if:

(a) the windshield has sunscreening material that is not clear and transparent below the AS-1 line or if it has a sunscreening material that is red, yellow, or amber in color above the AS-1 line;

(b) the front side windows have sunscreening or other transparent material that has a luminous reflectance of more than 35% or has light transmission of less than 24%;

(c) the rear window or side windows behind the front seat have sunscreening or other transparent material that has a luminous reflectance of more than 35% or has light transmission of less than 14%, except for the rear window or side windows behind the front seat on a multipurpose vehicle, van, or bus; or

(d) the windows of a camper, motor home, pickup cover, slide-in camper, or other motor vehicle do not meet the standards for safety glazing material specified by federal law in 49 CFR 571.205.

(5) As used in 61-9-428 , 61-9-429 , and this section, the following definitions apply:

(a) "Glass-plastic glazing material" means a laminate of one or more layers of glass and one or more layers of plastic in which a plastic surface of the glazing faces inward when the glazing is installed in a vehicle.

(b) "Light transmission" means the ratio of the amount of total light, expressed in percentages, that is allowed to pass through the sunscreening or transparent material to the amount of total light falling on the motor vehicle window.

(c) "Luminous reflectance" means the ratio of the amount of total light, expressed in percentages, that is reflected outward by the sunscreening or transparent material to the amount of total light falling on the motor vehicle window.

(d) "Multipurpose vehicle" means a motor vehicle designed to carry 10 or fewer passengers that is constructed on a truck chassis or with special features for occasional off-road use.

(e) "Pickup cover" means a camper having a roof and sides but without a floor designed to be mounted on and removable from the cargo area of a pickup truck by the user.

(f) "Slide-in camper" means a camper having a roof, floor, and sides designed to be mounted on and removable from the cargo area of a truck by the user.

(g) "Sunscreening material" means a film, material, tint, or device applied to motor vehicle windows for the purpose of reducing the effects of the sun.

(6) Except as provided in subsection (7), subsection (4) applies to all vehicles that are equipped with tinted windows, including windows with less than 100% light transmission to which additional sunscreening material has been applied.

(7) Subsection (4) does not apply to a multipurpose vehicle that is equipped with tinted windows that were installed by the manufacturer of the vehicle or to a hearse, ambulance, government vehicle, or any other vehicle to which a currently valid certificate of waiver is affixed as specified under 61-9-428 . A certificate of waiver must be issued by the department for a vehicle that was registered in this state on October 1, 1991, and was equipped with a sunscreening device or other material prohibited under subsection (4) on October 1, 1991.
Mont. Code Ann. § 61-3-336 — MT Code / Title 61 / Chapter 3 / Part 3 / Section 61-3-336
61-3-336 Recycling license plates
Status: in_force

61-3-336 . Recycling license plates. The department is authorized to promote the recycling of used or outdated license plates for the metal content and may enter into contractual agreements with nonprofit organizations for the collection of used or outdated license plates and for their transportation to a central recycling point.
Mont. Code Ann. § 61-8-312 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-312
61-8-312 Special speed limitations on trucks, truck tractors, and motor-driven cycles
Status: in_force

61-8-312 . Special speed limitations on trucks, truck tractors, and motor-driven cycles. (1) Except as provided in 61-8-303 , 61-8-309 , 61-8-310 , and subsection (2) of this section, the speed limit for a truck or truck tractor of more than 1 ton "manufacturer's rated capacity" traveling on:

(a) an interstate highway, as defined in 60-1-103 , is 70 miles an hour; and

(b) any other public highway is 65 miles an hour.

(2) Except as provided in 61-8-303 , 61-8-309 , and 61-8-310 , the speed limit for a vehicle subject to a term permit under 61-10-124 (2)(d) or a truck-trailer-trailer or truck tractor-semitrailer-trailer-trailer combination of vehicles subject to special permits under 61-10-124 (3) is 65 miles an hour unless otherwise stated in the permit.

(3) A person may not operate a motor-driven cycle at any time mentioned in 61-9-201 at a speed greater than 35 miles an hour unless the motor-driven cycle is equipped with a headlamp or lamps that are adequate to reveal a person or vehicle at a distance of 300 feet ahead.

(4) A person who violates this section is subject to the penalties provided in 61-8-725 .
Mont. Code Ann. § 61-3-520 — MT Code / Title 61 / Chapter 3 / Part 5 / Section 61-3-520
61-3-520 Fees on motor vehicles used exclusively in filming motion pictures or television commercials
Status: in_force

61-3-520 . Fees on motor vehicles used exclusively in filming motion pictures or television commercials. (1) A motor vehicle, trailer, semitrailer, or pole trailer used exclusively in the filming of motion pictures or television commercials that has been in the state for a period exceeding 180 consecutive days in a calendar year is subject to applicable registration fees, including one-time registration fees for vehicles subject to permanent registration under this chapter as if the motor vehicle, trailer, semitrailer, or pole trailer were not used exclusively for filming motion pictures or television commercials, but the registration fees must be prorated as provided in subsection (2).

(2) (a) The registration fees imposed under subsection (1) must be prorated by dividing the number of days in excess of 180 consecutive days in the calendar year by 365.

(b) Fees on a motor vehicle, trailer, semitrailer, or pole trailer imposed pursuant to this section must be collected as provided in this chapter.
Mont. Code Ann. § 61-9-301 — MT Code / Title 61 / Chapter 9 / Part 3 / Section 61-9-301
61-9-301 Brake equipment required
Status: in_force

61-9-301 . Brake equipment required. Every motor vehicle, trailer, semitrailer, and pole trailer, and any combination of such vehicles operating upon a highway within this state shall be equipped with brakes in compliance with the requirements of this part.
Mont. Code Ann. § 61-4-134 — MT Code / Title 61 / Chapter 4 / Part 1 / Section 61-4-134
61-4-134 Procedure to determine right to succeed
Status: in_force

61-4-134 . Procedure to determine right to succeed. (1) Any designated family member who receives notice of the manufacturer's, factory branch's, distributor's, or importer's refusal to honor the family member's succession to the ownership and operation of the dealership may, within the 90-day period, file a written complaint with the department for a hearing and determination by the department as to whether good cause exists for refusal to honor the designated family member's succession to the operation and ownership of the dealership.

(2) The manufacturer, factory branch, distributor, or importer must establish good cause for refusal by showing that the designated family member failed to comply with the provisions of 61-4-132 (2) or that the succession would be detrimental to the public interest.

(3) The franchise agreement must continue in effect until the final adjudication by the department on the written complaint and the exhaustion of all appellate remedies available to the designated family member. The manufacturer, factory branch, distributor, or importer and the designated family member shall abide by the terms of the franchise agreement and the laws of Montana during adjudication by the department and the appeals process.

(4) If the manufacturer, factory branch, distributor, or importer prevails, the department shall include in its order approving the termination of the franchise agreement reasonable conditions affording the designated family member an opportunity to receive fair and reasonable compensation for the value of the dealership.

(5) Any decision by the department may be reviewed pursuant to Title 2, chapter 4, part 7.
Mont. Code Ann. § 61-3-344 — MT Code / Title 61 / Chapter 3 / Part 3 / Section 61-3-344
61-3-344 Out-of-state USS Montana vehicles -- compliance with local state safety and emissions laws
Status: in_force

61-3-344 . Out-of-state USS Montana vehicles -- compliance with local state safety and emissions laws. A vehicle displaying USS Montana specialty license plates and located for more than 1 month in the state that contains the home port of the USS Montana is subject to that state's laws regarding safety inspections and emissions testing.
Mont. Code Ann. § 61-9-219 — MT Code / Title 61 / Chapter 9 / Part 2 / Section 61-9-219
61-9-219 Additional lighting equipment
Status: in_force

61-9-219 . Additional lighting equipment. (1) Any motor vehicle may be equipped with not more than two side cowl or fender lamps which shall emit an amber or white light without glare.

(2) Any motor vehicle may be equipped with not more than one running board courtesy lamp on each side thereof which shall emit a white or amber light without glare.

(3) Any motor vehicle may be equipped with not more than two backup lamps either separately or in combination with other lamps, but any such backup lamps shall not be lighted when the motor vehicle is in forward motion.

(4) Any vehicle may be equipped with lamps which may be used for the purpose of warning the operators of other vehicles of the presence of a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking, or passing, and when so equipped may display such warning in addition to any other warning signals required by this chapter. The lamps used to display such warning to the front shall be mounted at the same level and as widely spaced laterally as practicable and shall display simultaneously flashing white or amber lights, or any shade of color between white and amber. The lamps used to display such warning to the rear shall be mounted at the same level and as widely spaced laterally as practicable, and shall show simultaneously flashing amber or red lights, or any shade of color between amber and red. These warning lights shall be visible from a distance of not less than 500 feet under normal atmospheric conditions at night.
Mont. Code Ann. § 61-9-314 — MT Code / Title 61 / Chapter 9 / Part 3 / Section 61-9-314
61-9-314 Hydraulic brake fluid
Status: in_force

61-9-314 . Hydraulic brake fluid. (1) The term "hydraulic brake fluid" as used in this section shall mean the liquid medium through which force is transmitted to the brakes in the hydraulic brake system of a vehicle.

(2) Hydraulic brake fluid shall be distributed and serviced with due regard for the safety of the occupants of the vehicle and the public.

(3) The department shall, after public hearing following due notice, adopt and enforce regulations for the administration of this section and shall adopt and publish standards and specifications for hydraulic brake fluid which shall correlate with, and so far as practicable conform to, the then current standards and specifications of the society of automotive engineers applicable to such fluid.

(4) No person shall distribute, have for sale, offer for sale, or sell any hydraulic brake fluid unless it complies with the requirements of this section. No person shall service any vehicle with brake fluid unless it complies with the requirements of this section.
Mont. Code Ann. § 61-4-126 — MT Code / Title 61 / Chapter 4 / Part 1 / Section 61-4-126
61-4-126 Claims against dealer, broker, wholesaler, or auto auction bonds
Status: in_force

61-4-126 . Claims against dealer, broker, wholesaler, or auto auction bonds. (1) A person who suffers loss or damage because of the unlawful conduct of a dealer, broker, wholesaler, or auto auction licensed under this title shall obtain a judgment from a court of competent jurisdiction prior to collecting on the bond of the dealer, broker, wholesaler, or auto auction. The judgment must set out a specific loss or damage amount and establish that the licensee's unlawful conduct caused the loss or damage, before payment on the bond is required.

(2) If claim is made on a bond by two or more persons who have obtained a judgment against a dealer, broker, wholesaler, or auto auction based on the unlawful conduct of the dealer, broker, wholesaler, or auto auction and the judgments in the aggregate exceed the amount of the bond, the proceeds of the bond must be divided between or among the claimants on a pro rata basis.
Mont. Code Ann. § 61-10-225 — MT Code / Title 61 / Chapter 10 / Part 2 / Section 61-10-225
61-10-225 Disposition of fees collected by county treasurer
Status: in_force

61-10-225 . Disposition of fees collected by county treasurer. The county treasurer shall transmit the fees provided for in 61-10-222 to the state, as provided in 15-1-504 , for deposit to the credit of the department of transportation in the highway restricted account provided for in 15-70-126 . The remittance must be made on forms furnished to the county treasurer by the department of transportation.
Mont. Code Ann. § 61-10-224 — MT Code / Title 61 / Chapter 10 / Part 2 / Section 61-10-224
61-10-224 GVW license transferable
Status: in_force

61-10-224 . GVW license transferable. The GVW license issued hereunder is transferable by the licensee of a truck, truck tractor, trailer, semitrailer, lowboy trailer, pole trailer, housetrailer, or passenger car to a replacement vehicle of the same type. This gross vehicle weight license transfer may take place without the licensee transferring ownership of the first vehicle. If the transfer is to a smaller vehicle, there shall be no refund.
Mont. Code Ann. § 61-5-118 — MT Code / Title 61 / Chapter 5 / Part 1 / Section 61-5-118
61-5-118 Third-party commercial driver testing program -- certification of testing programs and examiners -- fees -- test waiver
Status: in_force

61-5-118 . Third-party commercial driver testing program -- certification of testing programs and examiners -- fees -- test waiver. (1) The department may contract with and certify the following as a third-party commercial driver testing program to administer the approved commercial driver skills test to a Montana commercial driver's license applicant:

(a) any person, employer of commercial drivers, private driver training facility, or other private company;

(b) a postsecondary institution as defined in 20-26-603 ;

(c) a department, agency, or instrumentality of a local government of the state; or

(d) a department, agency, or instrumentality of a tribal government of the state.

(2) A certified third-party driver testing program shall administer the same skills test as would otherwise be administered by the department.

(3) The department may decertify a third-party commercial driver testing program for failure to comply with the department rules or federal regulations.

(4) The department may collect the following fees:

(a) a fee of $5,000 to certify a third-party commercial driver testing program and a fee of $2,500 for certification renewal;

(b) a fee of $500 to certify each third-party commercial driver examiner and a fee of $100 for certification renewal; and

(c) a fee of $25 for each successfully completed skills test to be paid by the applicant.

(5) (a) A commercial driver's license applicant who is tested under the third-party commercial driver testing program must have passed the knowledge test required by 61-5-110 and complied with commercial driver's license department rules and federal regulations and must possess a valid Montana commercial learner's permit.

(b) The road test or the skills test required by 61-5-110 may be waived by the department for a commercial driver's license applicant upon certification of the applicant's successful completion of the road test or the skills test by:

(i) a third-party commercial driver testing program certified under this section; or

(ii) a third-party commercial driver examiner from a jurisdiction that has a comparable third-party commercial driver testing program, as determined by the department.
Mont. Code Ann. § 61-4-132 — MT Code / Title 61 / Chapter 4 / Part 1 / Section 61-4-132
61-4-132 Right of designated family member to succeed in dealership ownership
Status: in_force

61-4-132 . Right of designated family member to succeed in dealership ownership. (1) Any designated family member of a retiring, deceased, or incapacitated dealer may succeed the dealer in the ownership or operation of the dealership under the existing franchise or distribution agreement upon the retiring dealer or the family member of a deceased or incapacitated dealer giving the manufacturer, factory branch, distributor, or importer of new motor vehicles written notice of the intention to succeed the dealer in the ownership or operation of the dealership within 120 days prior to the dealer's expected date of retirement or within 120 days after the death or incapacity of the dealer. The manufacturer, factory branch, distributor, or importer may refuse to honor the notice of succession only for good cause in the manner provided for in 61-4-133 .

(2) The manufacturer, factory branch, distributor, or importer may request, and the designated family member shall provide, on request, personal and financial data that is reasonably necessary to determine whether the succession should be honored. The designated family member must meet the manufacturer's, factory branch's, distributor's, or importer's reasonable, uniformly applied written requirements to be a dealer. If the designated family member lacks experience required to meet those requirements, then the manufacturer shall allow the successor a reasonable amount of time to meet those requirements provided that during the period, the successor employs an individual who is qualified and experienced as a general manager to manage the day-to-day operations of the motor vehicle dealership.
Mont. Code Ann. § 61-5-120 — MT Code / Title 61 / Chapter 5 / Part 1 / Section 61-5-120
61-5-120 Medical assessment and rehabilitation driving permit -- definition
Status: in_force

61-5-120 . Medical assessment and rehabilitation driving permit -- definition. (1) Upon the written request of a licensed physician, licensed physician assistant, or advanced practice registered nurse, as defined in 37-8-102 , on a form prescribed by the department, the department may authorize a driver rehabilitation specialist to issue a temporary medical assessment and rehabilitation driving permit to a person who is not licensed to drive or whose license has expired under the provisions of this chapter for the purpose of driver assessment, rehabilitation, and training.

(2) The temporary permit may be issued only to a person who is 16 years of age or older.

(3) The permit is valid for up to 6 weeks, beginning with the date of the first evaluation of the permitholder by the driver rehabilitation specialist. The driver rehabilitation specialist shall sign and date the permit at the time of the first evaluation.

(4) The permit is valid only when the permitholder is operating a motor vehicle under the immediate supervision of the driver rehabilitation specialist during the permitholder's participation in an actual in-vehicle evaluation process.

(5) The department may extend the duration of a medical assessment and rehabilitation permit for an additional 6-week period if the driver rehabilitation specialist, licensed physician, licensed physician assistant, or advanced practice registered nurse certifies that the permitholder needs additional time to complete the driver assessment, rehabilitation, and training process.

(6) As used in this section, "driver rehabilitation specialist" means a person who:

(a) possesses current certification from the association of driver educators for the disabled as a driver rehabilitation specialist; or

(b) (i) provides comprehensive services in the clinical evaluation of the abilities of a person with a disability to safely operate a motor vehicle, utilizing, among other things, wheelchair and seating assessment, motor vehicle modification prescription, and driver education;

(ii) (A) possesses a bachelor's degree in rehabilitation, education, or health and safety, in physical, occupational, or recreational therapy, or in a related profession; or

(B) has an equivalent of 8 years of experience in driver rehabilitation and education; and

(iii) has at least 1 year of experience in the area of driver evaluation and training for individuals with disabilities.
Mont. Code Ann. § 61-8-906 — MT Code / Title 61 / Chapter 8 / Part 9 / Section 61-8-906
61-8-906 Liability insurance -- storage requirements
Status: in_force

61-8-906 . Liability insurance -- storage requirements. (1) Notwithstanding the provisions of 61-6-301 , a commercial tow truck operator shall continuously provide:

(a) insurance against loss resulting from liability imposed by law for bodily injury or death or damage to property caused by the maintenance or use of a commercial tow truck, as defined in 61-9-416 , or occurring on the business premises of a commercial tow truck operator in an amount not less than:

(i) $300,000 for class A tow trucks;

(ii) $500,000 for class B tow trucks; and

(iii) $750,000 for class C tow trucks;

(b) insurance in an amount not less than $20,000 to cover the damage to cargo or other property entrusted to the care of the commercial tow truck operator; and

(c) garage keepers legal liability insurance or on-hook liability insurance in an amount not less than $50,000.

(2) A commercial tow truck operator shall provide proof of the insurance required in subsection (1) to the department.

(3) A qualified tow truck operator shall provide a storage facility, either a fenced lot or a building, that is:

(a) adequate for the secure storage and safekeeping of stored vehicles;

(b) located in a place that is reasonably convenient for public access;

(c) available to public access between 8 a.m. and 5 p.m., Monday through Friday, excluding legal holidays;

(d) large enough to store all the vehicles towed for law enforcement agencies; and

(e) if a fenced lot, constructed of chain link at least 6 feet high or constructed of materials and in a manner sufficient to deter trespassing or vandalism.
Mont. Code Ann. § 61-10-130 — MT Code / Title 61 / Chapter 10 / Part 1 / Section 61-10-130
61-10-130 Custom combiner's special permit -- fee -- collection -- distribution -- not transferable
Status: in_force

61-10-130 . Custom combiner's special permit -- fee -- collection -- distribution -- not transferable. (1) In lieu of the taxes required by 15-24-301 and in lieu of motor vehicle license fees, gross vehicle weight fees, and overwidth, overlength, and overheight permits provided for in Title 61, a nonresident engaged in the business of custom combining who brings equipment into the state may pay a special permit fee of $40 for each unit. A unit includes:

(a) one truck suitable for hauling grain;

(b) one header trailer or one combine trailer; and

(c) pickup trucks and all other equipment, except combines, used by a nonresident and brought into the state as part of the nonresident's business of custom combining.

(2) In lieu of gross vehicle weight fees and overwidth, overlength, and overheight permits, Montana residents engaged in the business of custom combining may pay the annual farm gross vehicle weight fees and a special permit fee of $20 for each unit. A unit includes:

(a) one truck suitable for hauling grain;

(b) one header trailer or one combine trailer; and

(c) pickup trucks used by the resident in the resident's business of custom combining.

(3) When used to transport agricultural products, a truck authorized to be used under a custom combiner's special permit may be operated only within a 100-mile radius from the harvested field to the point of first unloading. The truck may not haul agricultural products from one commercial elevator to another commercial elevator. The truck may be operated on any highway, except an interstate highway, as defined in 60-1-103 , without incurring excess weight penalties under 61-10-145 if the total gross weight of the truck does not exceed allowable weight limitations by more than 20% for each axle and the maximum load for each inch of tire width does not exceed 670 pounds. A trip permit is not required. If the truck exceeds the tolerance provided under this subsection, the fine or penalty imposed applies to all weight over the legal limit allowed by 61-10-107 .

(4) A combine trailer authorized to be used under subsection (1)(b) or (2)(b) may be operated under the same limitations, except that the 100-mile limitation does not apply and the combine trailer may be used upon any highway of the state, including an interstate highway, as defined in 60-1-103 . If the combine trailer exceeds the tolerance provided under subsection (3), the fine or penalty imposed applies to all weight over the legal limit allowed by 61-10-107 .

(5) The fee required by this section must be collected by the department of transportation. Upon payment of the fee, the department of transportation shall provide an identifying device to be displayed on each truck, header trailer, or combine trailer and other equipment used by the nonresident or resident in the person's business of custom combining in the state. The device is valid for the calendar year in which the fee is collected.

(6) All fees collected under this section must be distributed not later than January 31 immediately following the period of licensure as follows:

(a) 62 1/2% to the state general fund; and

(b) 37 1/2% to the state special revenue fund for the department of transportation.

(7) The identifying devices and fee paid for each unit are not transferable from one vehicle to another or transferable on the sale or change of ownership.

(8) The department of transportation may adopt rules, as provided in Title 2, chapter 4, to implement the provisions of this section.
Mont. Code Ann. § 61-12-313 — MT Code / Title 61 / Chapter 12 / Part 3 / Section 61-12-313
61-12-313 Contracts binding on company although not complying with part
Status: in_force

61-12-313 . Contracts binding on company although not complying with part. Any service contract made, issued, or delivered contrary to any provision of this part shall nevertheless be valid and binding on the company.
Mont. Code Ann. § 61-9-429 — MT Code / Title 61 / Chapter 9 / Part 4 / Section 61-9-429
61-9-429 Window tinting and sunscreening -- penalty
Status: in_force

61-9-429 . Window tinting and sunscreening -- penalty. (1) A person who owns or operates a motor vehicle in violation of 61-9-405 (4) is guilty of a misdemeanor and is punishable as provided in 46-18-212 .

(2) A person who applies a sunscreening material or a glass-plastic glazing material in a manner that results in a motor vehicle having a window that violates the requirements of 61-9-405 (4) is guilty of a misdemeanor and is punishable as provided in 46-18-212 .
Mont. Code Ann. § 61-10-108 — MT Code / Title 61 / Chapter 10 / Part 1 / Section 61-10-108
61-10-108 Reduction under special circumstances
Status: in_force

61-10-108 . Reduction under special circumstances. The maximum axle and axle group loads stated in 61-10-107 are subject to reasonable reduction in the discretion of the department of transportation during periods when road subgrades have been weakened by water saturation or other causes.
Mont. Code Ann. § 61-3-130 — MT Code / Title 61 / Chapter 3 / Part 1 / Section 61-3-130
61-3-130 Definitions
Status: in_force

61-3-130 . Definitions. As used in this chapter, the following definitions apply:

(1) "Declared weight" means the total unladen weight of a vehicle plus the weight of the maximum load to be carried on the vehicle as stated by the registrant in the application for registration.

(2) (a) "Specially constructed vehicle" means a motor vehicle, including a motorcycle, that:

(i) was not originally constructed under a distinctive make, model, or type by a generally recognized manufacturer of motor vehicles;

(ii) has been structurally modified so that it does not have the same appearance as similar vehicles from a generally recognized manufacturer of motor vehicles;

(iii) has been constructed or assembled entirely from custom-built parts and materials not obtained from other vehicles;

(iv) has been constructed or assembled by using major component parts from one or more manufactured vehicles and that cannot be identified as a specific make or model; or

(v) has been constructed by the use of a kit that cannot be visually identified as a specific make or model.

(b) The term does not include a motor vehicle that has been repaired or restored to its original design by replacing parts.

(3) "Transaction summary receipt" means an electronic record produced and issued by the department, its authorized agent, or a county treasurer for which a paper receipt is issued. The record may be created by the department and transmitted to the owner of a vehicle, a secured party, or a lienholder. The record must contain a unique transaction record number and summarize and verify the electronic filing of the transaction described in the receipt on the electronic record of title maintained under 61-3-101 .
Mont. Code Ann. § 61-2-209 — MT Code / Title 61 / Chapter 2 / Part 2 / Section 61-2-209
61-2-209 Governor as executive head for compact purposes
Status: in_force

61-2-209 . Governor as executive head for compact purposes. The term "executive head" as used in Article IX(2) of the compact shall, with reference to this state, mean the governor.