Mont. Code Ann. § 61-10-104 — MT Code / Title 61 / Chapter 10 / Part 1 / Section 61-10-104
61-10-104 Length -- definitions
Status: in_force

61-10-104 . Length -- definitions. (1) A single truck, bus, or self-propelled vehicle, unladen or with load, may not have an overall length, inclusive of front and rear bumpers, in excess of 55 feet.

(2) (a) When used in a truck tractor-semitrailer combination, the semitrailer may not exceed 53 feet in length, excluding those portions not designed to carry a load, except as provided by 61-10-124 . When used in a truck tractor-semitrailer-trailer or a truck tractor-semitrailer-semitrailer combination, the semitrailer and trailer or the two semitrailers may not exceed 28 1/2 feet each in length or 61 feet in combined trailer length, excluding those portions not designed to carry a load, except as provided by 61-10-124 . Truck tractor-semitrailer, truck tractor-semitrailer-trailer, and truck tractor-semitrailer-semitrailer combinations are not subject to a combination length limit.

(b) (i) A stinger-steered boat transporter may not exceed 80 feet in length plus a maximum 4 feet of front overhang and 6 feet of rear overhang, except as provided by 61-10-124 .

(ii) A stinger-steered automobile transporter may not exceed 80 feet in length plus a maximum 4 feet of front overhang and 6 feet of rear overhang, except as provided by 61-10-124 .

(c) All other combinations of vehicles may not have a combination length in excess of 75 feet, except as provided by 61-10-124 . If the combination consists of more than two units, the rear units of the combination must be equipped with breakaway brakes.

(3) A motor vehicle may not tow more than one motor vehicle, and a motor vehicle may not draw more than three motor vehicles attached to it by the triple saddle-mount method (that is, by mounting the front wheels of one vehicle on the bed of another, leaving only the rear wheels of the vehicle in contact with the roadway), and this combination may not have a combination length in excess of 75 feet.

(4) A passenger vehicle or truck of less than 2,000 pounds "manufacturer's rated capacity" may not tow more than one trailer or semitrailer, and this combination may not have a length in excess of 65 feet.

(5) (a) The length of a vehicle combination consisting of a truck or truck tractor and one pole trailer or semitrailer hauling raw logs may not exceed 75 feet in overall length. As used in this subsection (5)(a), the term "length" means the total length of the vehicle combination beginning at the front of the front bumper of the truck or truck tractor and extending to the most distant end of the logs being hauled. A term permit for an overlength vehicle combination, as provided in 61-10-124 (2), does not apply to the vehicle combination described in this subsection (5)(a). A vehicle combination exceeding 75 feet must have a trip permit.

(b) The maximum overhang of any log may not exceed 15 feet, except by special, single-trip permit. Overhang is measured from the center of the rear-most axle to the most distant end of the logs being hauled.

(c) The provisions in subsections (5)(a) and (5)(b) do not apply to a vehicle combination hauling utility poles.

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

(a) "Axle" means a transverse beam that is the common axis of rotation of one or more wheels and that, to receive credit for allowable total gross loading, must be capable of continuously transmitting a proportionate share of the total gross load to the roadway when the axle is in operation.

(b) "Combination length" means the total length of a combination of vehicles, such as a truck tractor-semitrailer-trailer combination, measured from the front bumper of the motor vehicle to the back bumper or rear extremity of the last trailer, including the connection tongues.

(c) "Combined trailer length" means the total length of a combination of trailers measured from the front of the first trailer, or the front bunk on a pole trailer, to the back of the last trailer, including the connection tongues and rear overhang.

(d) "Length", except as provided in subsection (5)(a), means the total longitudinal dimension of a single vehicle, a trailer, or a semitrailer. The length of a trailer or semitrailer is measured from the front of the cargo-carrying unit to its rear, exclusive of safety or energy efficiency devices, air-conditioning units, air compressors, flexible fender extensions, splash and spray suppressant devices, bolsters, mechanical fastening devices, and hydraulic lift gates.

(e) "Rocky Mountain double" means a combination of vehicles that includes a truck tractor pulling a long semitrailer and a shorter trailer.

(f) "Steering axle" means an axle that pivots at the hub to allow the wheel to follow the travel of the vehicle. A steering axle is capable of being steered but need not always be connected to a steering wheel.

(g) "Stinger-steered automobile transporter" means a truck tractor-semitrailer combination that has a fifth wheel on a drop frame located behind and below the rear axle of the truck tractor and that is designed and used for the transportation of vehicles.

(h) "Stinger-steered boat transporter" means a truck tractor-semitrailer combination that has a fifth wheel on a drop frame located behind and below the rear axle of the truck tractor and that is designed and used for the transportation of assembled boats or boat hulls.
Mont. Code Ann. § 61-9-309 — MT Code / Title 61 / Chapter 9 / Part 3 / Section 61-9-309
61-9-309 Single control to operate all brakes
Status: in_force

61-9-309 . Single control to operate all brakes. A motor vehicle, trailer, semitrailer, or pole trailer, and a combination of these vehicles, except motorcycles, quadricycles, and motor-driven cycles, equipped with brakes must have one control device that can be used to operate all service brakes. This requirement does not prohibit vehicles from being equipped with an additional control device to operate brakes on the towed vehicles. This regulation does not apply to driveaway or towaway operations unless the brakes on the individual vehicles can be operated by a single control on the towing vehicle.
Mont. Code Ann. § 61-10-141 — MT Code / Title 61 / Chapter 10 / Part 1 / Section 61-10-141
61-10-141 Officers authorized to weigh vehicles and require removal of excessive loads -- definition
Status: in_force

61-10-141 . Officers authorized to weigh vehicles and require removal of excessive loads -- definition. (1) (a) A peace officer, officer of the highway patrol, or employee of the department of transportation may weigh any vehicle regulated by 61-10-101 through 61-10-104 and 61-10-106 through 61-10-110 , except recreational vehicles, travel trailers, or motor homes, by means of either portable scales used on an engineered site or stationary scales. The peace officer, officer of the highway patrol, or employee of the department of transportation may require that the vehicle be driven to the nearest stationary scales or engineered site for use of portable scales if those stationary scales or an engineered site is within 2 miles.

(b) If it is determined in the weighing process that the maximum allowable weights specified in 61-10-101 through 61-10-104 and 61-10-106 through 61-10-110 have been exceeded, the peace officer, officer of the highway patrol, or employee of the department of transportation may then require the driver to unload at a designated facility that portion of the load necessary to decrease the weight of the vehicle to conform to the maximum allowable weights specified in 61-10-101 through 61-10-104 and 61-10-106 through 61-10-110 . If the excess weight does not exceed 10,000 pounds, an excess weight permit may be issued in accordance with 61-10-121 . The permit authorizes the driver of the excess weight load to proceed to a designated facility where the load can be safely reduced to legal limits.

(2) Commodities and material unloaded as required by this section must be cared for by the owner or operator of the vehicle at the risk of that owner or operator. Commodities or material unloaded as required by this section may not be left on the highway right-of-way.

(3) The department of transportation may establish, maintain, and operate weigh stations, either intermittently or on a continuous schedule, and may, except for trucks exempted by department administrative rule, require all trucks and commercial motor vehicles of 26,000 pounds GVW or greater to enter for the purpose of weighing and inspection for compliance with all laws pertaining to their operation and safety requirements. The department may require vehicles over 10,000 pounds, except those exempted by department administrative rule, to be inspected and weighed by portable scale crews when the portable scales are used on an engineered site.

(4) As used in this section, "engineered site" means:

(a) a turnout designed and constructed by the department of transportation that has indents in the pavement to level portable scales; or

(b) a site where leveling pads can be used in strict accordance with all of the manufacturer's manuals and specifications.
Mont. Code Ann. § 61-5-109 — MT Code / Title 61 / Chapter 5 / Part 1 / Section 61-5-109
61-5-109 Release from liability
Status: in_force

61-5-109 . Release from liability. Any person who has signed the application of a minor for a license may thereafter file with the department a verified written request that the license of said minor so granted be canceled. Thereupon the department shall cancel the license of said minor and the person who signed the application of such minor shall be relieved from the liability imposed under this chapter by reason of having signed such application on account of any subsequent negligence or willful misconduct of such minor in operating a motor vehicle.
Mont. Code Ann. § 61-9-218 — MT Code / Title 61 / Chapter 9 / Part 2 / Section 61-9-218
61-9-218 Signal lamps and signal devices -- when required
Status: in_force

61-9-218 . Signal lamps and signal devices -- when required. (1) A motor vehicle or combination of vehicles may be equipped and when required under this chapter must be equipped with signal lamps showing to the front and rear for the purpose of indicating an intention to turn either to the right or left. The lamps showing to the front must be located on the same level and as widely spaced laterally as practicable. Except as provided in subsection (3), when in use, the lamps must display a white or amber light, or a shade of color between white and amber, visible from a distance of not less than 300 feet to the front in normal sunlight. The lamps showing to the rear must be located at the same level and as widely spaced laterally as practicable. Except as provided in subsection (3), when in use, the lamps must display a red or amber light, or a shade of color between red and amber, visible from a distance of not less than 300 feet to the rear in normal sunlight. When actuated the lamps must indicate the intended direction of turning by flashing the lights showing to the front and rear on the side toward which the turn is made.

(2) Except as provided in subsection (3), a motor vehicle, trailer, semitrailer, or pole trailer must be equipped with signal lamps meeting the requirements of this section.

(3) On a motor vehicle manufactured or assembled before January 1, 1964, the signal lamps required by this section must be visible from a distance of not less than 100 feet. Signal lamps are not required on any vehicle manufactured or assembled before January 1, 1953.

(4) A stop lamp or signal lamp or device may not project a glaring light.
Mont. Code Ann. § 61-8-311 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-311
61-8-311 Minimum speed regulations
Status: in_force

61-8-311 . Minimum speed regulations. (1) A person may not drive a motor vehicle at a speed slow enough to impede or block the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.

(2) On a two-lane highway where passing is unsafe because of oncoming traffic or other conditions, the operator of a slow-moving vehicle behind which four or more vehicles are formed in line shall turn off the roadway 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 allowing safe travel, the operator of the slow-moving vehicle may drive onto the shoulder and proceed at a safe speed until passed. As used in this section, a slow-moving vehicle is one that is proceeding at a rate of speed less than the normal flow of traffic at the particular time and place. The department of transportation is authorized to designate and construct turnouts and to erect official traffic control devices at appropriate places advising motorists of this statute.

(3) If the department of transportation or local authorities within their respective jurisdictions determine on the basis of an engineering and traffic investigation that slow speeds on any part of a highway impede the normal and reasonable movement of traffic, the commission or the local authority may set a minimum speed limit below which a person may not operate a vehicle except when necessary for safe operation or in compliance with law.
Mont. Code Ann. § 61-8-706 — MT Code / Title 61 / Chapter 8 / Part 7 / Section 61-8-706
61-8-706 Removal of unauthorized sign
Status: in_force

61-8-706 . Removal of unauthorized sign. (1) An unauthorized sign, emblem, marker, or traffic control device or portion thereof encroaching into, over, or upon a right-of-way of a state highway or controlled-access highway is a public nuisance, and the department may remove it or cause it to be removed without notice and without liability for the removal.

(2) Every sign, signal, or marking prohibited by 61-8-210 is hereby declared to be a public nuisance and the authority having jurisdiction over the highway is hereby empowered to remove the same or cause it to be removed without notice.
Mont. Code Ann. § 61-8-504 — MT Code / Title 61 / Chapter 8 / Part 5 / Section 61-8-504
61-8-504 Operators to exercise due care
Status: in_force

61-8-504 . Operators to exercise due care. Notwithstanding 61-8-501 through 61-8-503 , an operator of a vehicle shall exercise due care to avoid colliding with a pedestrian or with a person propelling a human-powered vehicle or using an assistive mobility device upon a roadway, shall give warning by sounding the horn when necessary, and shall exercise proper precaution upon observing a child or an obviously confused, incapacitated, or intoxicated person upon a roadway.
Mont. Code Ann. § 61-3-323 — MT Code / Title 61 / Chapter 3 / Part 3 / Section 61-3-323
61-3-323 Definitions
Status: in_force

61-3-323 . Definitions. As used in 61-3-323 through 61-3-325 , unless the context requires otherwise, the following definitions apply:

(1) "Domicile" means the county in which a motor vehicle is most frequently used, dispatched, or controlled.

(2) "Fleet" means motor vehicles, trailers, semitrailers, or pole trailers owned or leased by a person operating the motor vehicles, trailers, semitrailers, or pole trailers in this state in a quantity set by the department pursuant to 61-14-101 .
Mont. Code Ann. § 61-3-402 — MT Code / Title 61 / Chapter 3 / Part 4 / Section 61-3-402
61-3-402 Personalized license plates authorized
Status: in_force

61-3-402 . Personalized license plates authorized. A person who is the registered owner of a motor vehicle, truck, motor home, trailer, motorcycle, quadricycle, or other vehicle for the owner's personal use may upon payment of the fee prescribed in 61-3-406 apply to the department for personalized license plates in the manner prescribed in 61-3-405 . The plates must be affixed to the vehicle for which registration is sought in lieu of the license plates numbered as provided in 61-3-332 .
Mont. Code Ann. § 61-9-312 — MT Code / Title 61 / Chapter 9 / Part 3 / Section 61-9-312
61-9-312 Performance ability of brakes
Status: in_force

61-9-312 . Performance ability of brakes. On a dry, hard, approximately level stretch of highway free from loose material, a motor vehicle or combination of vehicles, upon application of the service brake, must be capable of stopping at a speed of 20 miles an hour within the following distances:

(1) 25 feet for passenger motor vehicles, except buses and pioneer vehicles;

(2) 40 feet for buses, trucks, and tractor trucks;

(3) 45 feet for motor vehicles registered or qualified to be registered as pioneer vehicles under 61-3-411 (2)(a) when equipped with two-wheel brakes or 25 feet when equipped with four-wheel brakes;

(4) 40 feet for all combinations of vehicles; and

(5) 30 feet for motorcycles, quadricycles, and motor-driven cycles.
Mont. Code Ann. § 61-5-403 — MT Code / Title 61 / Chapter 5 / Part 4 / Section 61-5-403
61-5-403 Reimbursement of compact administrator
Status: in_force

61-5-403 . Reimbursement of compact administrator. The compact administrator provided for in Article VII of the compact is not entitled to any additional compensation on account of the service as administrator but is entitled to expenses incurred in connection with duties and responsibilities as administrator in the same manner as for expenses incurred in connection with any other duties or responsibilities of the administrator's office or employment.
Mont. Code Ann. § 61-3-320 — MT Code / Title 61 / Chapter 3 / Part 3 / Section 61-3-320
61-3-320 Registration -- custom vehicle, street rod, originally equipped older vehicle, kit vehicle, or specially constructed vehicle
Status: in_force

61-3-320 . Registration -- custom vehicle, street rod, originally equipped older vehicle, kit vehicle, or specially constructed vehicle. (1) (a) A custom vehicle or street rod:

(i) that is more than 30 years old may be registered under 61-3-411 as a collector's item; or

(ii) may be registered, depending on the vehicle type, as a motor home, a bus, a truck having a manufacturer's rated capacity of more than 1 ton, a truck tractor, or a light vehicle upon payment of the registration fee required in 61-3-321 , the applicable fee or fee in lieu of tax provided for in 61-3-529 or 61-3-562 , and, if applicable, any local option tax or fee under 61-3-537 or 61-3-570 .

(b) The owner of a custom vehicle or street rod that is originally registered under subsection (1)(a) or that was registered prior to January 1, 2006, may be authorized to operate the custom vehicle or street rod while displaying only one license plate on the rear exterior of the vehicle if the owner certifies that the custom vehicle or street rod is not used for general transportation purposes and pays an additional $10 fee, to be deposited in the state general fund.

(c) (i) Upon original registration of a custom vehicle or street rod under subsection (1)(a)(i), a custom vehicle or street rod must be assigned a set of pioneer or vintage license plates, as described in 61-3-411 (2), or a set of original Montana license plates or collector reproduction license plates, as allowed under 61-3-412 .

(ii) Upon original registration of a custom vehicle or street rod under subsection (1)(a)(ii) and unless the owner has applied for personalized license plates, special license plates for military personnel, veterans, or spouses, collegiate plates, or generic specialty license plates or has met the requirements of subsection (1)(b), a set of standard license plates must be assigned to the vehicle under 61-3-331 .

(iii) Upon original registration of a custom vehicle or street rod under subsection (1)(a)(ii) and if the owner of a custom vehicle or street rod has met the requirements of subsection (1)(b), a single license plate, including a personalized standard license plate, special license plate for military personnel, veterans, or spouses, collegiate plate, or generic specialty license plate, if otherwise available to the vehicle owner or vehicle type, may be issued for the custom vehicle or street rod.

(d) The owner of an originally equipped motor vehicle, other than a motorcycle, that is more than 30 years old and that is not registered as a collector's item under 61-3-411 may be authorized to operate the motor vehicle while displaying only one license plate on the rear exterior of the vehicle, as if it were a custom vehicle or street rod, if the owner:

(i) certifies that the originally equipped motor vehicle is not used for general transportation purposes;

(ii) pays any fees required under 61-3-321 , 61-3-529 , or 61-3-562 and, if applicable, a local option tax or fee under 61-3-537 or 61-3-570 , plus an additional $10 fee, to be deposited in the state general fund; and

(iii) is otherwise eligible, based on the owner's status and the vehicle type, for one of the single license plate options available to an owner of a custom vehicle or street rod under this subsection (1).

(2) (a) The owner of a kit vehicle shall pay the registration fees provided for in 61-3-321 and, if applicable, any local option tax or fee under 61-3-537 or 61-3-570 .

(b) Upon original registration of a kit vehicle and unless the owner has applied for special license plates, collegiate plates, or generic specialty license plates, standard license plates must be assigned and issued to the kit vehicle under 61-3-331 .

(3) (a) Depending on whether the specially constructed vehicle is a motor home, bus, truck having a manufacturer's rated capacity of more than 1 ton, truck tractor, or light vehicle, the owner of a specially constructed vehicle shall pay the registration fees provided for in 61-3-321 , any registration fee or fee in lieu of tax provided for in 61-3-529 , and, if applicable, any local option tax or fee under 61-3-537 or 61-3-570 .

(b) Upon original registration of a specially constructed vehicle and unless the owner has applied for special license plates, collegiate plates, or generic specialty license plates, standard license plates must be assigned and issued to the specially constructed vehicle under 61-3-331 .
Mont. Code Ann. § 61-9-221 — MT Code / Title 61 / Chapter 9 / Part 2 / Section 61-9-221
61-9-221 Use of multiple-beam road-lighting equipment
Status: in_force

61-9-221 . Use of multiple-beam road-lighting equipment. Whenever a motor vehicle is being operated on a roadway or shoulder adjacent to a roadway during the times specified in 61-9-201 , the driver shall use a distribution of light, or composite beam, capable of revealing persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations:

(1) Whenever the driver of a vehicle approaches an oncoming vehicle within 1,000 feet, the driver shall use a distribution of light or composite beam that does not project into the eyes of the oncoming driver. The lowermost distribution of light specified in 61-9-220 (2) must avoid glare at all times, regardless of road contour and loading.

(2) Whenever the driver of a vehicle follows another vehicle within 500 feet to the rear, the driver shall use a distribution of light permissible under this chapter other than the uppermost distribution of light specified in 61-9-220 (1).
Mont. Code Ann. § 61-5-121 — MT Code / Title 61 / Chapter 5 / Part 1 / Section 61-5-121
61-5-121 Disposition of fees
Status: in_force

61-5-121 . Disposition of fees. (1) Except as provided in subsection (3), the disposition of the fees from driver's licenses, motorcycle endorsements, commercial driver's licenses, and replacement driver's licenses provided for in 61-5-114 is as follows:

(a) (i) If the fees are collected by a county treasurer or other agent of the department, the amount of 2.5% of each driver's license fee, 2.5% of each commercial driver's license fee, and 3.75% of each replacement driver's license fee must be deposited into the county general fund.

(ii) If the fees are collected by the department, the amount provided for in subsection (1)(a)(i) must be deposited into the state general fund.

(b) (i) If the fee is collected by a county treasurer or other agent of the department, the amount of 3.34% of each motorcycle endorsement must be deposited into the county general fund.

(ii) If the fee is collected by the department, the amount provided for in subsection (1)(b)(i) must be deposited into the state general fund.

(c) The amount of 20.7% of each driver's license fee, 16.94% of each commercial driver's license fee, and 8.75% of each replacement driver's license fee must be deposited into the state traffic education account.

(d) In addition to the amounts deposited pursuant to subsections (1)(a)(ii) and (1)(b)(ii), the remainder of each driver's license fee, each commercial driver's license fee, and each replacement driver's license fee must be deposited into the state general fund.

(e) The amount of 63.46% of each motorcycle endorsement fee must be deposited into the state motorcycle safety account in the state special revenue fund, and the amount of 33.2% of each motorcycle endorsement fee must be deposited into the state general fund.

(2) (a) If fees from driver's licenses, commercial driver's licenses, motorcycle endorsements, and replacement driver's licenses are collected by a county treasurer or other agent of the department, the county treasurer or agent shall deposit the amounts provided for in subsections (1)(a)(i) and (1)(b)(i) into the county general fund. The county treasurer or agent shall then remit all remaining fees to the state for deposit as provided in subsections (1)(c) through (1)(e).

(b) If fees from driver's licenses, commercial driver's licenses, motorcycle endorsements, and replacement driver's licenses are collected by the department, it shall deposit the fees as provided in subsections (1)(a)(ii), (1)(b)(ii), and (1)(c) through (1)(e).

(3) The fee for a renewal notice, whether collected by a county treasurer, an authorized agent, or the department, must be remitted to the department for deposit in the state general fund.
Mont. Code Ann. § 61-3-112 — MT Code / Title 61 / Chapter 3 / Part 1 / Section 61-3-112
61-3-112 Motor vehicle division administration state special revenue account
Status: in_force

61-3-112 . Motor vehicle division administration state special revenue account. (1) There is an account in the state special revenue fund established by 17-2-102 to be known as the motor vehicle division administration account.

(2) Administrative fees collected on behalf of the motor vehicle division pursuant to 61-3-111 must be deposited in the account.

(3) Fees collected pursuant to 61-3-321 (2) and (7) are deposited in this account.
Mont. Code Ann. § 61-8-362 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-362
61-8-362 Coasting prohibited
Status: in_force

61-8-362 . Coasting prohibited. The driver of a motor vehicle when traveling upon a downgrade may not coast with the transmission of the vehicle in neutral or with the clutch manually disengaged.
Mont. Code Ann. § 61-8-607 — MT Code / Title 61 / Chapter 8 / Part 6 / Section 61-8-607
61-8-607 Lamps and other equipment on bicycles,mopeds, or motorized scooters
Status: in_force

61-8-607 . Lamps and other equipment on bicycles,mopeds, or motorized scooters. (1) A bicycle, moped, or motorized scooter when in use at dawn, dusk, or nighttime must be equipped with:

(a) a lamp on the front emitting a white light visible from a distance of at least 500 feet to the front. In lieu of a lamp affixed to the bicycle, moped, or motorized scooter, a rider may use a lamp with equal intensity and visibility affixed to the rider's helmet and facing forward.

(b) facing the rear, either a lamp emitting a red light visible from a distance of at least 500 feet to the rear or a red reflector visible from a distance of at least 500 feet to the rear when illuminated by low-beam motor vehicle headlamps. In lieu of a lamp affixed to the bicycle, moped, or motorized scooter, a rider may use a red lamp with equal intensity and visibility affixed to the rider and facing the rear.

(c) reflective material large and reflective enough to be visible from the left and right sides from a distance of at least 500 feet when illuminated by low-beam motor vehicle headlamps.

(2) A bicycle, moped, or motorized scooter must be equipped with a brake enabling the operator to stop the bicycle, moped, or motorized scooter within no more than 25 feet from a speed of 10 miles an hour on dry, level, clean pavement.
Mont. Code Ann. § 61-8-356 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-356
61-8-356 Prohibition against parking or leaving vehicles on public property -- presumption of ownership
Status: in_force

61-8-356 . Prohibition against parking or leaving vehicles on public property -- presumption of ownership. (1) A vehicle may not be parked or left standing upon the right-of-way of a public highway for a period longer than 48 hours or upon a city street or state, county, or city property for a period longer than 5 days.

(2) The abandonment of a vehicle, other than a bicycle, on a public highway, a city street, public property, or private property creates a prima facie presumption that the last-registered owner of the vehicle is responsible for the abandonment and is liable for the costs incurred in removing, storing, and disposing of the abandoned vehicle, less the amount realized if the vehicle is sold.

(3) The filing of a theft report with a law enforcement agency prior to the abandonment relieves the last-registered owner of liability under subsection (2).

(4) A person who is convicted of violating this section is subject to the penalties provided in 61-8-719 .
Mont. Code Ann. § 61-3-414 — MT Code / Title 61 / Chapter 3 / Part 4 / Section 61-3-414
61-3-414 Special motorcycle license plates for military personnel, veterans, and spouses -- department to design -- fees -- disposition
Status: in_force

61-3-414 . Special motorcycle license plates for military personnel, veterans, and spouses -- department to design -- fees -- disposition. (1) The department shall design and issue motorcycle license plates for all special military and veteran license plates provided for in 61-3-458 .

(2) A person requesting a special military or veteran motorcycle license plate under this section:

(a) is subject to the eligibility requirements for the license plate as provided in 61-3-458 ; and

(b) shall pay to the county treasurer or an authorized agent:

(i) an administrative fee of $5 upon issuance of the motorcycle license plate, to be deposited in the county general fund;

(ii) a $5 license plate fee, to be deposited in the state general fund; and

(iii) a $10 veterans' cemetery fee, to be deposited as provided in 61-3-459 (2).

(3) Upon request, after paying the fees imposed under subsection (2)(b) and any applicable vehicle registration fees under this chapter, the surviving spouse of an eligible veteran, if the spouse has not remarried, may retain the special license plates issued to the deceased veteran, subject to the eligibility requirements for the plate as provided in 61-3-458 (4).
Mont. Code Ann. § 61-8-110 — MT Code / Title 61 / Chapter 8 / Part 1 / Section 61-8-110
61-8-110 Forest development road, special service road defined
Status: in_force

61-8-110 . Forest development road, special service road defined. As used in 61-8-111 and 61-8-112 :

(1) "forest development road" means a road located on national forest lands or on a right-of-way acquired by the United States and used for the protection, administration, and utilization of the national forests and other lands administered by the United States forest service; and

(2) "special service road" means a forest development road or segment of a forest development road, the right-of-way for which is controlled by the United States and which is not a part of the highway system of the state or of a county or other public road authority of this state, designated by the forest service, pursuant to the regulations of the secretary of the United States department of agriculture, as a special service road for the purpose of controlling and regulating its use to accomplish the purposes of the secretary of agriculture's regulations applicable to the administration of the forest development transport system.
Mont. Code Ann. § 61-12-405 — MT Code / Title 61 / Chapter 12 / Part 4 / Section 61-12-405
61-12-405 Certificate of sale or release
Status: in_force

61-12-405 . Certificate of sale or release. (1) (a) If a vehicle is sold as provided in 61-12-404 (1)(a) or (1)(b), the sheriff or the city police at the time of the payment of the purchase price shall execute a certificate of sale in duplicate and shall deliver the original certificate to the purchaser and retain the copy.

(b) The certificate of sale must contain the name and address of the purchaser, the date of sale, the consideration paid, a description of the vehicle, and a stipulation that no warranty is made as to the condition or title of the vehicle.

(2) (a) If a vehicle is released as provided in 61-12-404 (2), the sheriff or city police shall execute a certificate of release to the qualified tow truck operator in duplicate and shall deliver the original certificate to the operator and retain the copy.

(b) The certificate of release must contain the name and address of the operator, the date of release, a description of the vehicle, including year, make, model, serial number, and license number if available, and a stipulation that no warranty is made as to the condition or title of the vehicle.
Mont. Code Ann. § 61-8-309 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-309
61-8-309 Establishment of special speed zones and temporary special reduced speed limits -- engineering and traffic investigation
Status: in_force

61-8-309 . Establishment of special speed zones and temporary special reduced speed limits -- engineering and traffic investigation. (1) (a) (i) If the commission determines on the basis of an engineering and traffic investigation that a speed limit set by 61-8-303 or 61-8-312 is greater or less than is reasonable or safe under the conditions found to exist at an intersection, curve, or dangerous location or on a segment of a highway less than 50 miles in length under its jurisdiction, or on a highway corridor under its jurisdiction greater than 50 miles in length on which increased crash frequency or fatal crash data is observed, the commission may set a reasonable and safe special speed limit at that location or corridor. In the case of a school zone adjacent to a state highway, the commission is not required to base its speed limit determination solely on the results of the engineering and traffic investigation.

(ii) In the event of a vehicle emergency, adverse weather condition, or identification of another highway safety factor that warrants decreasing the speed limit for reasonable and safe travel, the commission may, in advance of the safety event, adopt localized geographic area temporary special reduced speed limits that are lower than a speed limit set by 61-8-303 or 61-8-312 . The temporary special reduced speed limit becomes effective upon posting appropriate fixed or variable signs and shall remain in effect while the fixed or variable signs remain posted.

(b) If a local authority requests the department of transportation or an engineer, as provided in subsection (1)(c)(i), to conduct an engineering and traffic investigation based on the belief that a speed limit on a highway under the jurisdiction of the department of transportation is greater than is reasonable or safe, the commission may not increase the speed limit under consideration as a result of the investigation.

(c) (i) A local authority may request at its own expense that an engineering and traffic investigation be completed by a licensed professional engineer selected from a list compiled and approved by a committee as provided in subsection (1)(c)(ii).

(ii) A committee containing two department of transportation staff appointed by the director and two representatives of associations whose membership comprises cities, towns, and counties, as authorized by 7-5-2141 and 7-5-4141 , shall review credentials submitted by licensed professional engineers and shall determine who appears on the list of individuals authorized to conduct engineering and traffic investigations for local governments. The list must be updated every 2 years.

(iii) Upon completion of an engineering and traffic investigation conducted for a local government, the department of transportation shall submit a report to the commission with findings and recommendations. The commission shall decide on an appropriate speed limit based on the traffic investigation within 120 days from the date the investigation is submitted to the department of transportation.

(d) A local authority may request a temporary special reduced or increased speed zone for a route or route segment that is under consideration for a reduced or increased speed limit under subsection (1)(a), (1)(b), or (1)(c). If a local authority makes multiple requests for temporary special reduced or increased speed zones, the local authority shall prioritize the requests. The department of transportation shall conduct a preliminary visual and engineering review of a route or a route segment for which a temporary special speed zone is requested. The reviewing party must include a representative of the local authority. Upon completion of the preliminary review, if the department of transportation concurs with the local authority that a temporary special reduced or increased speed limit is warranted, a temporary special reduced or increased speed zone may be established upon formal approval by the commission. The temporary special reduced or increased speed limit remains in effect until a complete traffic and engineering study has been done on the route or route segment and the commission has made a determination on changing the speed limit.

(2) Pending completion of an engineering and traffic investigation as provided for in subsection (1), the commission may temporarily set a speed limit of not less than 75 miles an hour on a segment of an interstate highway that it reasonably believes is not suitable for the limit established in 61-8-303 (1)(a).

(3) The department of transportation shall erect and maintain appropriate signs giving notice of special limits. If the special limits apply to a school zone, the department shall consider the use of electronic signs in lieu of or in addition to other appropriate signs. When the signs are erected, the limits are effective for those zones at all times or at other times that the commission sets.

(4) The authority of the commission under this section includes the authority:

(a) to set reduced nighttime speed limits on curves and other dangerous locations; and

(b) to reassess and reset speed limits set by the transportation commission pursuant to this section.

(5) This section does not authorize the commission to set a statewide speed limit.

(6) (a) The violation of a speed limit established under this section, except subsection (2), is a misdemeanor offense and is punishable as provided in 61-8-711 .

(b) The violation of a speed limit established under subsection (2) is punishable as provided in 61-8-725 .
Mont. Code Ann. § 61-3-503 — MT Code / Title 61 / Chapter 3 / Part 5 / Section 61-3-503
61-3-503 Assessment -- definition
Status: in_force

61-3-503 . Assessment -- definition. (1) (a) Except as provided in 61-3-520 , light vehicles subject to a local option motor vehicle tax under 61-3-537 must be assessed the tax as of the first day of the registration period, using the depreciated value of the manufacturer's suggested retail price as determined in subsection (2).

(b) If the depreciated value is less than $500, the department shall value the motor vehicle at $500.

(2) (a) Except as provided in subsections (2)(c) and (2)(d), the depreciated value for the taxation of light vehicles is computed by multiplying the manufacturer's suggested retail price by a percentage multiplier based on the type and age of the light vehicle determined from the following table:

Age of Vehicle Type of Vehicle (in years) Automobile Truck Van Sport Utility -1 100% 100% 100% 100% 0 90 96 93 98 1 80 91 86 94 2 69 86 78 90 3 58 80 69 84 4 49 73 60 76 5 41 66 52 67 6 33 57 45 57 7 26 49 38 48 8 21 43 32 39 9 17 37 27 33 10 14 31 22 29 11 12 26 18 25 12 10 22 15 22 13 09 18 13 21 14 09 15 11 19 15 09 13 09 17 16 09 12 09 15

(b) The age for the light vehicle is determined under 61-3-501 .

(c) If the value of the light vehicle determined under subsection (2)(a) is $500 or less, the value of the light vehicle is $500 and the value must remain at that amount as long as the light vehicle is registered.

(d) The depreciated value of a light vehicle that is 17 years old or older is computed by depreciating the value obtained for the vehicle at 16 years old, as determined under subsection (2)(a), by 10% a year until a minimum value of $500 is attained. The value must remain at that amount as long as the light vehicle is registered.

(3) (a) As used in this section, "manufacturer's suggested retail price" means the price suggested by the manufacturer for each given type, style, or model of light vehicle produced and first made available for retail sale by the manufacturer.

(b) The manufacturer's suggested retail price is based on standard equipment of a light vehicle and does not contain price additions or deductions for optional accessories.

(c) When a manufacturer's suggested retail price is unavailable for a motor vehicle, the department shall determine an alternative valuation for the motor vehicle.
Mont. Code Ann. § 61-10-214 — MT Code / Title 61 / Chapter 10 / Part 2 / Section 61-10-214
61-10-214 Exemptions
Status: in_force

61-10-214 . Exemptions. (1) Motor vehicles operating exclusively for transportation of persons for hire within the limits of incorporated cities or towns and within 15 miles from the limits are exempt from this part.

(2) Motor vehicles brought or driven into Montana by a nonresident, migratory, bona fide agricultural worker temporarily employed in agricultural work in this state when those motor vehicles are used exclusively for transportation of agricultural workers are exempt from this part.

(3) Vehicles lawfully displaying a dealer's or wholesaler's plate as provided in 61-4-102 and 61-4-125 are exempt from this part for a period not to exceed 7 days when moving to or from a dealer's or wholesaler's place of business when unloaded or loaded with dealer's or wholesaler's property only or while being demonstrated in the course of the dealer's or wholesaler's business. Vehicles being demonstrated may not be leased, rented, or operated for compensation by the licensed dealer or wholesaler.

(4) Vehicles exempt from property tax under 15-6-201 (1)(a), (1)(d), (1)(e), (1)(g), (1)(h), (1)(i), (1)(k), (1)(l), (1)(n), or (1)(o) or 15-6-228 (4) are exempt from this part. The department of transportation may require documentation of tax-exempt status from the department of revenue before granting this exemption.
Mont. Code Ann. § 61-4-104 — MT Code / Title 61 / Chapter 4 / Part 1 / Section 61-4-104
61-4-104 Record of purchase or sale -- definitions
Status: in_force

61-4-104 . Record of purchase or sale -- definitions. (1) (a) A dealer, wholesaler, or auto auction licensed under this part shall keep:

(i) a book or record of the purchases, sales or exchanges, or receipts for the purpose of sale of used vehicles; and

(ii) for each used vehicle, a description of the vehicle, the date of purchase, sale, or consignment of the vehicle, and the name and address of:

(A) the person from whom the dealer or wholesaler acquired the vehicle's ownership or, if consigned, possessory interest in the vehicle;

(B) the person to whom the dealer, wholesaler, or auto auction assigned the vehicle; and

(C) a secured party with a perfected security interest in the vehicle to which the dealer's, wholesaler's, or auto auction's interest is subordinate, if any.

(b) If the vehicle is a trailer, semitrailer, pole trailer, or special mobile equipment, the record must include the manufacturer's number and other numbers or identification marks that appear on the vehicle.

(c) The vehicle description must also include the vehicle identification number, if any, and must include a statement that a number has been obliterated, defaced, or changed if that has occurred.

(2) (a) Except as provided in subsection (2)(b), a dealer, wholesaler, or auto auction must also have the actual or a readily accessible photocopy, electronic copy, or digital copy of the actual assigned certificate of ownership, certificate of title, or manufacturer's certificate of origin from the owner of each vehicle in which the dealer, wholesaler, or auto auction acquires a property interest that transfers ownership of the vehicle to the dealer, wholesaler, or auto auction from the time the vehicle is delivered to the dealer, wholesaler, or auto auction until it has been disposed of by the dealer, wholesaler, or auto auction.

(b) A dealer may offer for sale or may sell or exchange a vehicle without having the assigned certificate of ownership, certificate of title, or manufacturer's certificate of origin if:

(i) the dealer has applied for the title as provided in Title 61, chapter 3, part 2; or

(ii) the vehicle is financed by the dealer as inventory through a financial institution, the financial institution holds the certificate of ownership, certificate of title, or manufacturer's certificate of origin as collateral, and the dealer has a readily accessible photocopy, electronic copy, or digital copy of the certificate of ownership, certificate of title, or manufacturer's certificate of origin.

(3) It is a violation of this part for a dealer, wholesaler, or auto auction to fail to:

(a) take assignment of the certificate of ownership, certificate of title, or manufacturer's certificate of origin for a vehicle acquired by the dealer, wholesaler, or auto auction; or

(b) assign the certificate of ownership, certificate of title, or manufacturer's certificate of origin for any vehicle sold in which the dealer, wholesaler, or auto auction has a property interest.

(4) (a) Except as provided in subsection (4)(b), all records required to be kept in accordance with this section and the odometer disclosure information required to be retained under 61-3-206 (5) must be physically located and maintained at or readily accessible within the building referred to in 61-4-101 .

(b) A dealer, wholesaler, or auto auction that does not maintain the actual certificate of ownership, certificate of title, or manufacturer's certificate of origin at the building referred to in 61-4-101 shall maintain a readily accessible record of the certificate of ownership, certificate of title, or manufacturer's certificate of origin at the building.

(c) As used in this section, "readily accessible" means available in paper form or in an electronic or digital format.

(5) An authorized representative of the department, upon presentation of the representative's credentials, may inspect and have access to and copy any records required under this chapter.
Mont. Code Ann. § 61-8-1016 — MT Code / Title 61 / Chapter 8 / Part 10 / Section 61-8-1016
61-8-1016 Implied consent -- tests for alcohol or drugs -- refusal to submit -- administrative suspension of license
Status: in_force

61-8-1016 . Implied consent -- tests for alcohol or drugs -- refusal to submit -- administrative suspension of license. (1) (a) A person who operates or is in actual physical control of a vehicle or commercial motor vehicle upon the ways of this state open to the public is considered to have given consent to a test or tests of the person's blood, breath, or oral fluid for the purpose of determining any measured amount or detected presence of alcohol or blood or oral fluid for the purpose of determining any measured amount or detected presence of drugs in the person's body.

(b) The tests in subsection (1)(a) include but are not limited to a preliminary alcohol screening test of the person's breath for the purpose of estimating the person's alcohol concentration.

(c) A preliminary alcohol screening test may not be conducted or requested under this section unless both the peace officer and the instrument used to conduct the test have been certified by the department pursuant to rules adopted under the authority of 61-8-1019 (5).

(d) The person's obligation to submit to a test in subsection (1)(a) is not satisfied by the person submitting to a preliminary alcohol screening test pursuant to this section.

(2) (a) The test or tests must be administered at the direction of a peace officer when:

(i) the peace officer has particularized suspicion to believe that the person has been driving or has been in actual physical control of a vehicle upon ways of this state open to the public while under the influence of alcohol, drugs, or a combination of the two and the person has been detained for a violation of driving under the influence as provided in 61-8-1002 or an offense that meets the definition of aggravated driving under the influence in 61-8-1001 ;

(ii) the person is under the age of 21 and the peace officer has particularized suspicion to believe that the person has been driving or in actual physical control of a vehicle in violation of 61-8-1002 (1)(e); or

(iii) the peace officer has probable cause to believe that the person was driving or in actual physical control of a vehicle or commercial motor vehicle:

(A) in violation of driving under the influence, as provided in 61-8-1002 , and the person has been placed under arrest;

(B) in violation of driving under the influence as provided in 61-8-1002 , and the person has been involved in a motor vehicle crash or collision resulting in property damage;

(C) and the person has been involved in a motor vehicle accident or collision resulting in serious bodily injury, as defined in 45-2-101 , or death; or

(D) in violation of driving under the influence as provided in 61-8-1002 and meets the definition of aggravated driving under the influence in 61-8-1001 .

(b) A peace officer may designate which test or tests are administered.

(c) The peace officer shall inform the person of the right to refuse the test and that the refusal to submit to the test will result in the suspension for up to 1 year of that person's driver's license.

(d) A hearing as provided for in 61-8-1017 must be available. The issues in the hearing must be limited to determining whether a peace officer had a particularized suspicion that the person was in violation of 61-8-1002 or an offense meeting the definition of aggravated driving under the influence in 61-8-1001 , and whether the person refused to submit to the test.

(e) If a person refuses a preliminary alcohol screening test and another test during the same incident, the department may not consider each a separate refusal for purposes of suspension of the person's driver's license.

(3) A person who is unconscious or who is otherwise in a condition rendering the person incapable of refusal is considered not to have withdrawn the consent requested in subsection (1).

(4) (a) If an arrested person refuses to submit to one or more tests requested and designated by the peace officer, the refused test or tests may not be given unless the person has refused to provide a breath, blood, urine, oral fluid, or other bodily substance in a prior investigation in this state or under a substantially similar statute in another jurisdiction or the arrested person has a prior conviction or pending offense for a violation of 45-5-104 , 45-5-106 , 45-5-107 , 45-5-205 , or 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 a similar statute in another jurisdiction.

(b) On the person's refusal to provide the breath, blood, urine, oral fluid, or other bodily substance requested by the peace officer pursuant to subsection (1) and this subsection (4), the peace officer may apply for a search warrant to be issued pursuant to 46-5-224 to collect a sample of the person's blood or oral fluid for testing.

(c) (i) On the person's refusal to provide a breath, blood, urine, oral fluid, or other bodily substance, the peace officer shall immediately forward the license to the department along with a report certified under penalty of law stating which of the conditions set forth in subsection (2)(a) provides the basis for the testing request and confirming that the person refused to submit to one or more tests requested and designated by the peace officer. Upon receipt of the report, the department shall suspend the license for the period provided in 61-8-1032 .

(ii) The peace officer shall issue, on behalf of the department, a temporary driving permit, which is effective 12 hours after issuance and is valid for 5 days following the date of issuance, and shall provide the driver with written notice of the license suspension and the right to a hearing as provided in 61-8-1017 .

(5) This section does not apply to tests, samples, and analyses of blood, breath, or urine used for purposes of medical treatment or care of an injured motorist, related to a lawful seizure for a suspected violation of an offense not in this part, or performed pursuant to a search warrant.

(6) This section does not prohibit the release of information obtained from tests, samples, and analyses of blood, breath, or urine for law enforcement purposes as provided in 46-4-301 and 61-8-1019 (6).
Mont. Code Ann. § 61-3-465 — MT Code / Title 61 / Chapter 3 / Part 4 / Section 61-3-465
61-3-465 Issuance -- application -- additional fee -- disposition
Status: in_force

61-3-465 . Issuance -- application -- additional fee -- disposition. (1) The department shall issue or renew collegiate license plates upon receipt of an application that shows:

(a) compliance with 61-3-303 , 61-3-311 , and 61-3-312 ; and

(b) payment to the county treasurer or an authorized agent of:

(i) an initial application and manufacturing fee of $10, when required; and

(ii) an annual scholarship donation of $30 for the benefit of the institution named in the application.

(2) Once each month, the county treasurer shall, as provided in 15-1-504 , transfer to the state the total of the amounts collected for:

(a) the initial application and manufacturing fee for deposit in the state general fund; and

(b) scholarship donations provided for in subsection (1)(b)(ii), along with a schedule showing the number of collegiate license plates issued and the total donations received for the benefit of each institution.

(3) Once each month, an amount equal to the total donations credited to that institution and transferred to the state by the county treasurers during the preceding month must be distributed to the student academic scholarship fund or foundation of each institution.

(4) The amount of $8 of the fee imposed in subsection (1)(b)(i) must be deposited in the account established in 61-6-158 , and $2 of the fee must be deposited in the state general fund.
Mont. Code Ann. § 61-8-712 — MT Code / Title 61 / Chapter 8 / Part 7 / Section 61-8-712
61-8-712 Penalty for erection of unauthorized sign
Status: in_force

61-8-712 . Penalty for erection of unauthorized sign. The erection of a sign, emblem, marker, or traffic control device in violation of 61-8-203 is a misdemeanor, punishable by a fine of not less than $25 or more than $300.
Mont. Code Ann. § 61-9-109 — MT Code / Title 61 / Chapter 9 / Part 1 / Section 61-9-109
61-9-109 Driving vehicle in unsafe condition prohibited -- applicability of chapter
Status: in_force

61-9-109 . Driving vehicle in unsafe condition prohibited -- applicability of chapter. (1) It is a misdemeanor for a person to drive or permit to be driven on a highway a vehicle or combination of vehicles that:

(a) is in such unsafe condition as to endanger a person;

(b) is not equipped with lamps and other equipment as required in this chapter; or

(c) is equipped in a manner in violation of this chapter.

(2) It is a misdemeanor for a person to perform an act forbidden or fail to perform an act required under this chapter.

(3) The use of additional parts and accessories on a vehicle not inconsistent with the provisions of this chapter is not prohibited.

(4) The provisions of this chapter do not apply to implements of husbandry, road machinery, road rollers, or farm tractors except as made applicable in this chapter.

(5) All lamps and equipment required by this chapter must be maintained in proper working order and adjustment at all times.

(6) (a) Except as provided in subsection (6)(b) and subject to subsection (6)(c), the provisions of this chapter apply to the operation 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 (6)(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. § 61-5-307 — MT Code / Title 61 / Chapter 5 / Part 3 / Section 61-5-307
61-5-307 Penalty for misdemeanor
Status: in_force

61-5-307 . Penalty for misdemeanor. (1) It is a misdemeanor for any person to violate any of the provisions of parts 1 through 3 of this chapter and 61-11-101 unless such violation is by this chapter or other law of this state declared to be a felony.

(2) Unless another penalty is in this chapter or by the laws of this state provided, every person convicted of a misdemeanor for the violation of any provision of parts 1 through 3 of this chapter and 61-11-101 shall be punished by a fine of not more than $500 or by imprisonment for not more than 6 months or by both such fine and imprisonment.
Mont. Code Ann. § 61-3-603 — MT Code / Title 61 / Chapter 3 / Part 6 / Section 61-3-603
61-3-603 Penalty for alteration or forgery of certificate of ownership or certificate of title -- assignment
Status: in_force

61-3-603 . Penalty for alteration or forgery of certificate of ownership or certificate of title -- assignment. A person who alters or forges or causes to be altered or forged any motor vehicle, trailer, semitrailer, or pole trailer certificate of ownership or certificate of title or any assignment of a certificate of ownership or certificate of title or who holds or uses any certificate or assignment knowing that the certificate has been altered or forged is guilty of a felony. Upon a conviction of a violation of this section, the offender is subject to a fine of not more than $5,000, to imprisonment for a period of not more than 10 years, or both.
Mont. Code Ann. § 61-8-742 — MT Code / Title 61 / Chapter 8 / Part 7 / Section 61-8-742
61-8-742 Endangerment of pedestrians -- penalty -- exception
Status: in_force

61-8-742 . Endangerment of pedestrians -- penalty -- exception. (1) Except as provided in subsection (2), a person convicted of a violation of 61-8-502 is guilty of a misdemeanor and shall:

(a) for a first conviction, be punished by a fine of not less than $25 or more than $100;

(b) for a second conviction within 1 year after the first conviction, be punished by a fine of not less than $50 or more than $200; and

(c) for a third or subsequent conviction within 1 year after the first conviction, be punished by a fine of not less than $100 or more than $500.

(2) If the violation of 61-8-502 occurs in a pedestrian crossing when a pedestrian-actuated device is activated, the person convicted of a violation of 61-8-502 is guilty of a misdemeanor and shall be punished by a fine of:

(a) not less than $75 or more than $149 for a first violation; or

(b) not less than $150 or more than $250 for a second or subsequent violation.

(3) If a vehicle damages a pedestrian-actuated device, the driver of the vehicle is liable to pay the replacement or repair cost of the pedestrian-actuated device.

(4) Failure to pay a fine imposed under this section is a civil contempt of the court. On failure of payment of a fine, the court may:

(a) order enforcement of the fine by execution in the manner provided in 25-13-204 and under the provisions of Title 25, chapter 13; or

(b) if the court finds that the person is unable to pay, order the person to perform community service.

(5) On conviction, the court costs or any part of the court costs may be assessed against the defendant in the discretion of the court.

(6) For the purposes of this section, "pedestrian-actuated device" has the same meaning as provided in 61-8-502 .
Mont. Code Ann. § 61-12-304 — MT Code / Title 61 / Chapter 12 / Part 3 / Section 61-12-304
61-12-304 Deposits required
Status: in_force

61-12-304 . Deposits required. The commissioner may not grant a license to a company until it has deposited with the commissioner the sum of $25,000 in cash or in lieu thereof a bond in a form prescribed by the commissioner payable to the state of Montana in the sum of $25,000, with surety approved by the commissioner, conditioned upon the faithful performance of its service contracts and payment of any fines or penalties levied against it for failure to comply with this part. However, when any company proves to the commissioner that it has been in continuous, active operation in the state for a period of more than the preceding 5 years and has a paid membership of more than 5,000 members within the state or that there are more than 5,000 holders of its service contracts within the state and that it is being properly managed, is rendering to its members the services promised to them, and is financially responsible, the commissioner may not require a cash deposit or bond while the company remains in that condition. The cash deposit or bond is not a penalty but is for the protection of the public only.
Mont. Code Ann. § 61-8-344 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-344
61-8-344 Vehicles to stop at stop signs
Status: in_force

61-8-344 . Vehicles to stop at stop signs. (1) The department of transportation and local authorities in their respective jurisdictions may designate through highways and erect stop signs at specified entrances to these highways or may designate an intersection as a stop intersection and erect stop signs at one or more entrances to that intersection.

(2) The stop sign and its placement must conform to the sign manual adopted by the department of transportation.

(3) An operator of a vehicle approaching a stop sign shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, the operator shall stop at a clearly marked stop line. If there is not a clearly marked stop line, the operator shall stop at the point nearest the intersecting roadway where the operator has a view of approaching traffic on the intersecting roadway before entering the intersection except when directed to proceed by a police officer, highway patrol officer, or traffic control signal.
Mont. Code Ann. § 61-3-710 — MT Code / Title 61 / Chapter 3 / Part 7 / Section 61-3-710
61-3-710 Rulemaking authority
Status: in_force

61-3-710 . Rulemaking authority. The department of transportation may adopt and enforce rules for the administration of cooperative or reciprocal vehicle registration, including the setting of a fee, and for other matters necessary to carry out the provisions of 61-3-708 .
Mont. Code Ann. § 61-8-909 — MT Code / Title 61 / Chapter 8 / Part 9 / Section 61-8-909
61-8-909 Good faith immunity
Status: in_force

61-8-909 . Good faith immunity. A person who renders assistance in an emergency that is life-threatening to the occupant of a wrecked, disabled, or abandoned vehicle or that is creating an immediate hazard on a public roadway or who renders emergency assistance as directed by a law enforcement officer or other emergency responder at the scene of a motor vehicle accident is immune from damages arising from acts or omissions related to the rendering of assistance unless the damages are occasioned by the gross negligence or by the willful or wanton acts or omissions of the person rendering the assistance.
Mont. Code Ann. § 61-7-110 — MT Code / Title 61 / Chapter 7 / Part 1 / Section 61-7-110
61-7-110 When driver unable to report
Status: in_force

61-7-110 . When driver unable to report. (1) An accident report is not required under this part from any person who is physically incapable of making such report during the period of such incapacity.

(2) Whenever the driver of a vehicle is physically incapable of giving an immediate notice of an accident as required in 61-7-108 , and there was another occupant in the vehicle at the time of the accident capable of doing so, such occupant shall make or cause to be given the notice not given by the driver.

(3) Whenever the driver is physically incapable of making a written report of an accident as required in 61-7-109 , and such driver is not the owner of the vehicle, then the owner of the vehicle involved in such accident shall within 10 days after learning of such accident, make such report not made by the driver.

(4) Any person who gives information in reports as required in 61-7-109 or in this section, knowing or having reason to believe that such information is false, shall be fined not more than $500 or imprisonment for not more than 6 months or both.
Mont. Code Ann. § 61-8-390 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-390
61-8-390 Duty of emergency driver -- duty of highway worker
Status: in_force

61-8-390 . Duty of emergency driver -- duty of highway worker. (1) Sections 61-8-387 and 61-8-388 do not relieve the driver of a law enforcement vehicle or authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.

(2) Section 61-8-388 does not relieve a highway worker of the duty to take standard safety precautions or to behave reasonably under the circumstances.
Mont. Code Ann. § 61-8-904 — MT Code / Title 61 / Chapter 8 / Part 9 / Section 61-8-904
61-8-904 Prohibition -- exception
Status: in_force

61-8-904 . Prohibition -- exception. (1) A commercial tow truck operator may not operate for compensation upon the public roadways of this state unless the operator complies with the provisions of 61-8-906 (1) and 61-8-907 .

(2) A commercial tow truck operator may not participate in the law enforcement rotation system provided for in 61-8-908 unless the operator complies with the provisions of this part.

(3) Except as provided in 61-9-416 , the provisions of 61-8-901 through 61-8-908 , 61-8-910 , and 61-8-920 do not apply to a commercial tow truck operator that does not operate for compensation.
Mont. Code Ann. § 61-4-302 — MT Code / Title 61 / Chapter 4 / Part 3 / Section 61-4-302
61-4-302 One-trip fee in addition to permit and plate fees payable quarterly -- exception
Status: in_force

61-4-302 . One-trip fee in addition to permit and plate fees payable quarterly -- exception. (1) In addition to the permit and plate fees, a permitholder shall pay to the department a one-trip fee of $5 for each driven motor vehicle. The fee must be paid within 15 days after the end of the calendar quarter upon forms recommended or supplied by that department.

(2) A person moving new or used mobile homes is not subject to the one-trip fee required by subsection (1).
Mont. Code Ann. § 61-3-448 — MT Code / Title 61 / Chapter 3 / Part 4 / Section 61-3-448
61-3-448 Commemorative centennial license plates -- continued use authorized
Status: in_force

61-3-448 . Commemorative centennial license plates -- continued use authorized. Subject to the limitation set forth in 61-3-332 , a person who owned and displayed commemorative centennial license plates on a motor vehicle on or before June 30, 1996, may continue to display the commemorative centennial plates on the motor vehicle as long as the motor vehicle is registered under this chapter.
Mont. Code Ann. § 61-10-146 — MT Code / Title 61 / Chapter 10 / Part 1 / Section 61-10-146
61-10-146 Special permits -- misrepresentations and violations as misdemeanor
Status: in_force

61-10-146 . Special permits -- misrepresentations and violations as misdemeanor. (1) A person who knowingly and willfully misrepresents the size or weight of a vehicle, combination of vehicles, load, object, or other thing in obtaining a special permit or who does not follow the requirements and conditions of the special permit or who operates a vehicle, combination of vehicles, load, object, or other thing the size or weight of which requires a special permit without first obtaining a special permit is guilty of a misdemeanor.

(2) A person, firm, or corporation convicted of:

(a) operating a vehicle or combination of vehicles with weight upon a wheel, axle, or group of axles greater than the maximum authorized by a special permit or of operating without a special permit a vehicle or combination of vehicles the weight of which requires a special permit shall, in addition to the other penalties provided by law for the offense, be punished by a fine in the amount provided in 61-10-145 (1); or

(b) violating any provision of 61-10-124 (3) or any restriction on the special permits issued by the department under 61-10-124 (3) shall be punished by a fine of not less than $500 or more than $1,000, and all special permits issued for the operation of the combination in violation must be confiscated. The combination must be separated into combinations of legal length before the units may proceed.
Mont. Code Ann. § 61-11-203 — MT Code / Title 61 / Chapter 11 / Part 2 / Section 61-11-203
61-11-203 Definitions -- habitual traffic offenders -- point schedule
Status: in_force

61-11-203 . Definitions -- habitual traffic offenders -- point schedule. (1) As used in this part, the following definitions apply:

(a) "Conviction" has the meaning provided in 61-5-213 resulting from a violation of traffic regulations on highways in this state or a traffic statute or traffic regulation in another jurisdiction.

(b) "Habitual traffic offender" means any person who within a 3-year period accumulates 30 or more conviction points according to the schedule specified in subsection (2).

(c) "License" means any type of license or permit to operate a motor vehicle.

(d) "Moving violation" means a violation of a traffic regulation of this state or another jurisdiction by a person while operating a motor vehicle or in actual physical control of a motor vehicle upon a highway.

(e) "Traffic regulation" includes any provision governing motor vehicle operation, equipment, safety, or driver licensing. A traffic regulation does not include provisions governing vehicle registration or local parking.

(2) Subject to subsection (3), when the department receives a report of conviction, the department shall assign points based on the point schedule to determine whether an individual is a habitual traffic offender, as follows:

(a) deliberate homicide resulting from the operation of a motor vehicle, 15 points;

(b) mitigated deliberate homicide, negligent homicide resulting from operation of a motor vehicle, or negligent vehicular assault, 12 points;

(c) any offense punishable as a felony under the motor vehicle laws of Montana or any felony in the commission of which a motor vehicle is used, 12 points;

(d) driving while under the influence of intoxicating liquor or narcotics or drugs of any kind, 10 points;

(e) operating a motor vehicle while the license to do so has been suspended or revoked, 6 points;

(f) failure of the driver of a motor vehicle involved in an accident resulting in death or injury to any person to stop at the scene of the accident and give the required information and assistance, 8 points;

(g) willful failure of the driver involved in an accident resulting in property damage of $1,000 to stop at the scene of the accident and give the required information or failure to otherwise report an accident in violation of Title 61, chapter 7, 4 points;

(h) reckless driving, 5 points;

(i) illegal drag racing or engaging in a speed contest in violation of the law, 5 points;

(j) any of the mandatory motor vehicle liability protection offenses, 5 points;

(k) operating a motor vehicle without a license to do so, 2 points. However, this subsection (2)(k) does not apply to operating a motor vehicle within a period of 180 days from the date the license expired.

(l) speeding, except as provided in 61-8-725 (2)(a), 3 points;

(m) all other moving violations, 2 points.

(3) If there are two or more convictions involving a single occurrence, only the number of points for the specific conviction carrying the highest points is chargeable against that defendant.
Mont. Code Ann. § 61-9-201 — MT Code / Title 61 / Chapter 9 / Part 2 / Section 61-9-201
61-9-201 When lighted lamps are required
Status: in_force

61-9-201 . When lighted lamps are required. Every vehicle upon a highway within this state at any time from one-half hour after sunset to one-half hour before sunrise and at any other time when due to insufficient light or unfavorable atmospheric conditions persons and vehicles on the highway are not clearly discernible at a distance of 500 feet ahead shall display lighted lamps and illuminating devices as hereinafter respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles.
Mont. Code Ann. § 61-3-117 — MT Code / Title 61 / Chapter 3 / Part 1 / Section 61-3-117
61-3-117 Payment of fees by credit card or other commercially acceptable means
Status: in_force

61-3-117 . Payment of fees by credit card or other commercially acceptable means. (1) The department may accept payment of any fee, tax, or penalty that the department administers by credit card, debit card, electronic funds transfer, or other commercially acceptable means.

(2) (a) If the payment is made by credit card, debit card, charge card, or similar method, the liability is not discharged and the person has not paid the tax, fee, or penalty until the department, its authorized agent, or the county treasurer receives payment or credit from the financial institution or credit card company responsible for making the payment or credit and as long as the payment or credit is not subsequently charged back to the state by the financial institution or credit card company. Upon receipt of the payment or credit, the amount is considered paid on the date on which the charge was made by the person unless the payment or credit is subsequently charged back to the department, its authorized agent, or the county treasurer by the financial institution or credit card company.

(b) Upon notice of nonpayment, the department may charge the person who attempted the payment of the fee, tax, or penalty an additional fee not to exceed the costs of processing the claim for payment of the fee, tax, or penalty. The amount of the additional fee must be added to the fee, tax, or penalty due and must be collected in the same manner as the fee, tax, or penalty due.

(3) A person making a payment pursuant to this section shall pay any fee required by a financial institution or credit card company for the payment method used.
Mont. Code Ann. § 61-5-214 — MT Code / Title 61 / Chapter 5 / Part 2 / Section 61-5-214
61-5-214 Mandatory suspension for failure to appear or comply with criminal sentence -- administrative fee -- notice
Status: in_force

61-5-214 . Mandatory suspension for failure to appear or comply with criminal sentence -- administrative fee -- notice. (1) The department shall suspend the driver's license or driving privilege of a person upon receipt of a report from the court, certified under penalty of law and in a form prescribed by the department, that the person:

(a) failed to appear upon an issued complaint, summons, or court order after being charged with a misdemeanor violation under Title 45 or Title 61, chapters 3 through 10, or after posting a driver's license in lieu of bail as provided in 46-9-401 (1)(e); or

(b) failed to comply with a sentence imposed pursuant to 46-18-201 .

(2) The suspension continues in effect until the court notifies the department that:

(a) the person has either appeared in court or complied with the sentence imposed pursuant to 46-18-201 ; and

(b) the person has paid the court an administrative fee of $25 if the court was holding the offender's driver's license in lieu of bail under 44-1-1102 , 46-9-302 , or 46-9-401 .

(3) (a) Before a report is submitted under this section, a person must be given written notice that the failure to appear on a criminal charge or comply with a criminal sentence may result in the suspension of the person's driver's license or driving privilege. Initial notice of the possibility of a license suspension must either be included on the summons or complaint and notice to appear form given to the person when charges are initially filed or be contained in a court order, either hand-delivered to the person while in court or sent by certified mail, postage prepaid, to the most current address for that person received by or on record with the court.

(b) The initial notice must be followed by a written warning from the court, sent by first-class mail, advising the person that a license suspension is imminent unless, by a specified date, the failure to appear or comply is remedied or the person appears before the court to contest the impending license suspension.

(4) The court shall deposit any administrative fee received under subsection (2)(b) in the appropriate county or city general fund.
Mont. Code Ann. § 61-8-701 — MT Code / Title 61 / Chapter 8 / Part 7 / Section 61-8-701
61-8-701 Charging violations
Status: in_force

61-8-701 . Charging violations. In every charge of a violation of any speed regulation in this chapter the complaint, and also the summons or notice to appear shall specify the speed at which the defendant is alleged to have driven, also the speed applicable within the district or at the location.
Mont. Code Ann. § 61-3-458 — MT Code / Title 61 / Chapter 3 / Part 4 / Section 61-3-458
61-3-458 Special plates for military personnel, veterans, spouses, and gold star families
Status: in_force

61-3-458 . Special plates for military personnel, veterans, spouses, and gold star families. (1) (a) Active military personnel, veterans, or the surviving spouse of an eligible veteran, if the spouse has not remarried, may be issued special military or veteran license plates as provided in this section.

(b) As provided in subsection (3), family members of a member of the U.S. armed forces who are eligible for or who have received:

(i) a "Gold Star Lapel Button" may be issued special gold star family license plates; and

(ii) a "Next-of-Kin of Deceased Personnel Lapel Button" may be issued special next-of-kin license plates.

(c) Subject to the provisions of 61-3-332 and except as otherwise provided in this chapter, special license plates issued pursuant to this section must be numbered in sets of two with a different number on each set and must be properly displayed as provided in 61-3-301 . Special military, veteran, gold star family, or next-of-kin license plates may not be issued for a quadricycle, semitrailer, or pole trailer. Special military, veteran, gold star family, or next-of-kin license plates bearing a wheelchair as the symbol of a person with a disability may be issued to a person who meets the qualifications under 61-3-332 (9) and this section. Special military or veteran license plates may be issued for a motorcycle pursuant to 61-3-414 .

(2) (a) Upon application, after paying all applicable motor vehicle, trailer, semitrailer, or pole trailer registration fees and special license plate fees and providing an official certificate from the applicant's unit commander verifying the individual's eligibility and authorizing the department to issue the plates to the individual, eligible military personnel may be issued one set of special military license plates as provided in this subsection (2).

(b) A member of the Montana national guard who is a state resident may be issued special license plates with a design or decal displaying the letters "NG". However, the member shall surrender the plates to the department when the member becomes ineligible.

(c) A member of the reserve armed forces of the United States who is a state resident may be issued special license plates according to the member's branch of service verified in the application with a design or decal displaying one of the following: United States army reserve, AR (symbol); United States naval reserve, NR (anchor); United States air force reserve, AFR (symbol); or United States marine corps reserve, MCR (globe and anchor). However, the member shall surrender the plates to the department when the member becomes ineligible.

(d) An active member of the regular armed forces of the United States who is a state resident may be issued special license plates inscribed with a symbol signifying the United States army, United States marine corps, United States navy, United States air force, United States space force, or United States coast guard, according to the member's branch of service verified in the application. However, the member shall surrender the plates to the department upon becoming ineligible.

(3) Upon application, after paying all applicable motor vehicle, trailer, semitrailer, or pole trailer registration fees and special license plate fees and:

(a) providing a department of defense form 3 (DD Form 3) or its successor or documents showing the person's eligibility for a "Gold Star Lapel Button", a family member of a member of the U.S. armed services who is eligible to receive or who has received a "Gold Star Lapel Button" as provided in Public Law 534, 89th congress, may be issued special license plates inscribed with a blue-bordered gold star with the words "Gold Star Family" inscribed beneath the registration number; or

(b) providing a department of defense form 1300 (DD Form 1300) or its successor or documents showing the person's eligibility for a "Next-of-Kin of Deceased Personnel Lapel Button", a family member of a member of the U.S. armed services who is eligible to receive or who has received a "Next-of-Kin of Deceased Personnel Lapel Button" as provided in 32 CFR 578.63 may be issued special next-of-kin license plates inscribed as determined by the department in consultation with the Montana department of military affairs.

(4) (a) Upon application, after presenting proper identification and a department of defense form 214 (DD-214) or its successor or documents showing an other-than-dishonorable discharge or a reenlistment verifying the applicant's eligibility and paying the veterans' cemetery fee specified in 61-3-459 and all applicable motor vehicle, trailer, semitrailer, or pole trailer registration fees under this chapter, subject to the provisions of 61-3-460 , an eligible veteran must be issued any set and more than one set of the special license plates provided for in this subsection (4) that the member requests and is eligible to receive.

(b) A veteran may be issued special license plates displaying the letters "DV", which entitles the veteran to the parking privileges allowed to a person with a special parking permit issued under Title 49, chapter 4, part 3, if the veteran:

(i) has been awarded the purple heart and has been rated by the U.S. department of veterans affairs as 50% or more disabled because of a service-connected injury; or

(ii) is currently rated 100% disabled or is paid at the 100% disabled rate by the U.S. department of veterans affairs for a service-connected disability.

(c) A veteran who has been awarded the purple heart may be issued special license plates with the purple heart decal displaying the words "combat wounded".

(d) A veteran who was captured and held prisoner by the military force of a foreign nation may be issued special license plates with a design or decal displaying the words "ex-prisoner of war" or an abbreviation that the department considers appropriate.

(e) If the veteran was a member of the United States armed forces on December 7, 1941, and during the hours of 7:55 a.m. to 9:45 a.m. (Hawaii time) was on station at Pearl Harbor on the island of Oahu or was offshore from Pearl Harbor at a distance of not more than 3 miles, the veteran may be issued special license plates designed to show that the veteran is a survivor of the Pearl Harbor attack.

(f) A person who is a member of the legion of valor may be issued special plates displaying a design or decal depicting the recognized legion of valor medallion.

(g) A veteran may be issued special license plates displaying the word "VETERAN" and a symbol signifying the United States army, United States marine corps, United States navy, United States air force, United States space force, or United States coast guard, according to the veteran's service record verified in the application.

(h) A member or a former member of the Montana national guard eligible to receive a military retirement may be issued special license plates displaying the Montana national guard insignia and the words "National Guard veteran".

(i) A veteran who qualifies under subsections (4)(b) and (4)(c) may be issued special combination license plates displaying the letters "DV" and displaying a purple heart decal with the words "combat wounded". A person who receives the combination plates is entitled to the same parking privileges as provided in subsection (4)(b).

(5) Upon request, after paying the veterans' cemetery fee provided in 61-3-459 and all applicable vehicle registration fees under this chapter, subject to the provisions of 61-3-460 , the surviving spouse of an eligible veteran, if the spouse has not remarried, may retain the special license plates issued to the deceased veteran, except the special "DV" plates provided for under subsection (4)(b) or the combination plates provided for in subsection (4)(i).

(6) For purposes of this section, "veteran" has the meaning provided in 10-2-101 .
Mont. Code Ann. § 61-5-146 — MT Code / Title 61 / Chapter 5 / Part 1 / Section 61-5-146
61-5-146 Limitations on issuance of hazardous materials endorsement to commercial driver's license -- security threat assessment
Status: in_force

61-5-146 . Limitations on issuance of hazardous materials endorsement to commercial driver's license -- security threat assessment. (1) The department may not issue, transfer, or renew a hazardous materials endorsement for a person who holds a commercial driver's license unless it receives notice from the transportation security administration of the department of homeland security that:

(a) the person does not pose a security threat warranting denial of a hazardous materials endorsement;

(b) the person has been granted a waiver from the transportation security administration; or

(c) less than 4 years have elapsed since a favorable security threat assessment was performed in a former licensing jurisdiction.

(2) In addition to any requirements under this chapter and in accordance with the security threat assessment standards provided in 49 CFR, part 1572, an applicant who is seeking a hazardous materials endorsement shall:

(a) complete a separate application as prescribed by the transportation security administration;

(b) submit, as directed by the department, to a fingerprint-based background check by the transportation security administration; and

(c) pay to the agent of the transportation security administration the fees imposed under 49 CFR, part 1572, for collection and transmission of fingerprints and applicant information, processing of fingerprint identification records, and the security threat assessment and adjudication.
Mont. Code Ann. § 61-6-303 — MT Code / Title 61 / Chapter 6 / Part 3 / Section 61-6-303
61-6-303 Exempt vehicles
Status: in_force

61-6-303 . Exempt vehicles. The following vehicles and their drivers are exempt from the provisions of 61-6-301 :

(1) a vehicle owned by the United States government or any state or political subdivision;

(2) an implement of husbandry or special mobile equipment that is only incidentally operated on a highway or property open to use by the public;

(3) a vehicle operated upon a highway only for the purpose of crossing the highway from one property to another;

(4) a commercial vehicle registered or proportionally registered in this and any other jurisdiction if the vehicle is covered by a motor vehicle liability insurance policy complying with the laws of another jurisdiction in which it is registered;

(5) a motorcycle or quadricycle;

(6) a vehicle moved solely by human or animal power.
Mont. Code Ann. § 61-10-128 — MT Code / Title 61 / Chapter 10 / Part 1 / Section 61-10-128
61-10-128 When authorities may restrict right to use roadway
Status: in_force

61-10-128 . When authorities may restrict right to use roadway. (1) A local authority may not alter the limitations provided in 61-10-101 through 61-10-104 and 61-10-106 through 61-10-110 or substitute other limitations or requirements, except as provided in this section.

(2) The department of transportation by order, or a local road authority by ordinance or resolution, may prohibit the operation of or impose restrictions on the weight and speed of a vehicle traveling on a public highway under its respective jurisdiction and for which it is responsible for maintenance whenever the highway will be seriously damaged or destroyed by deterioration, rain, snow, or other climatic conditions, unless the use of vehicles on the highway is prohibited or the permissible vehicle weights and speed are reduced. The department of transportation or the authority that enacts the ordinance or resolution shall erect signs designating the department's order or the authority's ordinance or resolution at each end of that portion of the highway affected, and the order, ordinance, or resolution is not effective until the signs are erected. The department of transportation or the authority by ordinance or resolution may prohibit the operation of trucks or other commercial vehicles or impose limitations on their weight on designated highways, subject to the provisions of subsection (3). These prohibitions and limitations must be designated by appropriate signs placed on the highways.

(3) Neither the department of transportation nor a local authority may prohibit the operation of or impose a restriction on the weight of a vehicle loaded with perishable seed potatoes or a vehicle loaded with fertilizer that is traveling on a public highway if:

(a) the vehicle is being operated within its legal licensed gross vehicle weight;

(b) the driver possesses a federal-state inspection certificate issued for the load or a bill of lading; and

(c) the vehicle takes the most direct route from the point of loading or point of unloading to the nearest nonrestricted road.

(4) Hay grinders and their towing units are exempt from weight limits imposed by the department of transportation under this section.
Mont. Code Ann. § 61-9-206 — MT Code / Title 61 / Chapter 9 / Part 2 / Section 61-9-206
61-9-206 Stop lamps -- when required
Status: in_force

61-9-206 . Stop lamps -- when required. (1) A person may not sell a new motor vehicle in this state or drive a vehicle on the highways unless it is equipped with at least two properly functioning stop lamps. A vehicle manufactured before January 1, 1956, and all motorcycles, quadricycles, and motor-driven cycles must be equipped with at least one properly functioning stop lamp.

(2) The stop lamp or lamps on the rear of a vehicle must display a red light that is actuated upon application of the service (foot) brake and, in a vehicle manufactured or assembled on or after January 1, 1964, must be visible from a distance of not less than 300 feet to the rear in normal sunlight. In a vehicle manufactured or assembled before January 1, 1964, the stop lamp or lamps must be visible from a distance of not less than 100 feet. The stop lamp may be incorporated with one or more other rear lamps.

(3) A stop lamp may not project a glaring light.
Mont. Code Ann. § 61-8-105 — MT Code / Title 61 / Chapter 8 / Part 1 / Section 61-8-105
61-8-105 Obedience to peace officers, flag persons, crossing guards, and public safety workers -- definitions
Status: in_force

61-8-105 . Obedience to peace officers, flag persons, crossing guards, and public safety workers -- definitions. A person may not willfully fail or refuse to comply with a lawful order or direction of a peace officer, flag person, crossing guard, or public safety worker pertaining to the use of the highways by traffic. As used in this section:

(1) "peace officer" has the same meaning as provided in 7-32-303 ; and

(2) "public safety worker" means a person who is authorized to provide assistance at the scene of an incident that requires traffic control and who is either a member of a paid or volunteer fire department, an emergency medical service provider, a member of a search and rescue team, or a civilian accident investigator appointed by a law enforcement agency.
Mont. Code Ann. § 61-5-116 — MT Code / Title 61 / Chapter 5 / Part 1 / Section 61-5-116
61-5-116 License to be carried and exhibited on demand
Status: in_force

61-5-116 . License to be carried and exhibited on demand. (1) A licensee must have the licensee's driver's license in the licensee's immediate possession at all times when operating a motor vehicle and shall display the license upon demand of a justice of the peace, a city or municipal judge, a peace officer, a highway patrol officer, or a field deputy or inspector of the department. However, a person charged with violating this section may not be convicted if the person produces in court or the office of the arresting officer a driver's license issued to the person and valid at the time of the person's arrest.

(2) (a) Beginning September 1, 2025, a licensee may meet the requirements of subsection (1) by having a digital or hard copy version of the licensee's driver's license in the licensee's immediate possession at all times when operating a motor vehicle and displaying the license upon demand.

(b) Only a digital or hard copy version of the licensee's driver's license issued and authorized by the department is sufficient to meet the requirements of this section.
Mont. Code Ann. § 61-3-407 — MT Code / Title 61 / Chapter 3 / Part 4 / Section 61-3-407
61-3-407 Personalized license plates for disabled -- military, veteran, and generic specialty license plates
Status: in_force

61-3-407 . Personalized license plates for disabled -- military, veteran, and generic specialty license plates. Subject to the provisions of 61-3-405 and 61-3-406 , an application for standard license plates bearing a wheelchair as the symbol of a person with a disability under 61-3-332 (9), special military or veteran license plates under 61-3-458 , or generic specialty license plates under 61-3-472 through 61-3-481 may be combined with an application for personalized plates. The application must be made on a form supplied by the department.
Mont. Code Ann. § 61-8-385 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-385
61-8-385 Short title
Status: in_force

61-8-385 . Short title. Sections 61-8-385 through 61-8-390 may be cited as the "Yield -- Slow Down -- Move Over Act".
Mont. Code Ann. § 61-5-309 — MT Code / Title 61 / Chapter 5 / Part 3 / Section 61-5-309
61-5-309 Unlawful issuance of license or identification card
Status: in_force

61-5-309 . Unlawful issuance of license or identification card. No person may create, publish, or otherwise manufacture a Montana driver's license or a Montana identification card authorized by 61-12-501 or color facsimile thereof or create, manufacture, or possess an engraved plate or other such device for the printing of a Montana driver's license or Montana identification card authorized by 61-12-501 or color facsimile thereof, except as authorized by the department.
Mont. Code Ann. § 61-3-319 — MT Code / Title 61 / Chapter 3 / Part 3 / Section 61-3-319
61-3-319 Registration of custom-built motorcycle -- exemptions
Status: in_force

61-3-319 . Registration of custom-built motorcycle -- exemptions. (1) Upon original registration of a custom-built motorcycle, the owner of the custom-built motorcycle shall:

(a) pay the fees required in 61-3-321 , plus an additional $10 fee, to be deposited in the state general fund;

(b) certify, in writing, that the motorcycle is:

(i) not used for general transportation purposes; and

(ii) is equipped as required by the state law in effect in the year of manufacture of the motorcycle, as determined under 61-3-214 .

(2) A custom-built motorcycle registered under this section is exempt from vehicle equipment requirements under chapter 9 of this title unless the equipment was required under state law in the year of manufacture of the motorcycle, as listed on the registration receipt for the motorcycle and determined under 61-3-214 .
Mont. Code Ann. § 61-11-501 — MT Code / Title 61 / Chapter 11 / Part 5 / Section 61-11-501
61-11-501 Short title
Status: in_force

61-11-501 . Short title. This part may be cited as the "Montana Driver Privacy Protection Act".
Mont. Code Ann. § 61-12-101 — MT Code / Title 61 / Chapter 12 / Part 1 / Section 61-12-101
61-12-101 Powers of local authorities to regulate traffic
Status: in_force

61-12-101 . Powers of local authorities to regulate traffic. (1) The provisions of chapters 8 and 9 do not prevent local authorities with respect to sidewalks, streets, and highways under their jurisdiction and within the reasonable exercise of the police power from:

(a) regulating the standing or parking of vehicles;

(b) regulating the traffic by means of police officers or traffic control devices;

(c) regulating or prohibiting processions or assemblages on the highways;

(d) designating particular highways as one-way highways and requiring that all vehicles on those highways be moved in one specific direction;

(e) regulating the speed of vehicles in public parks;

(f) designating any highway as a through highway, as defined in 61-8-341 , and requiring that all vehicles stop before entering or crossing a through highway and designating any intersection, as defined in 61-8-102 , as a stop intersection and requiring all vehicles to stop at one or more entrances to stop intersections;

(g) restricting the use of highways as authorized in 61-10-128 (2);

(h) regulating the operation of bicycles or mopeds, as defined in 61-8-102 , and requiring the registration and licensing of bicycles or mopeds, including requiring a registration fee;

(i) regulating or prohibiting the turning of vehicles or specified types of vehicles at intersections;

(j) altering the speed limits as authorized in Title 7, chapter 14, and Title 61, chapter 8;

(k) regulating the operating of a vehicle by a person who is a habitual user of or under the influence of any narcotic drug or who is under the influence of any other drug to a degree that renders the person incapable of safely operating a vehicle within the incorporated limits of any city or town;

(l) regulating or prohibiting a person who is under the influence of intoxicating liquor from operating or being in actual physical control of a vehicle within the incorporated limits of a city or town;

(m) regulating or prohibiting the operation of a vehicle by a person in willful or wanton disregard for the safety of persons or property within the incorporated limits of a city or town;

(n) enacting as ordinances any provisions of chapter 8 or 9 and any other law regulating traffic, pedestrians, vehicles, and operators of vehicles that are not in conflict with state law or federal regulations and enforcing the ordinances;

(o) regulating the operation of motorized nonstandard vehicles on sidewalks, streets, and highways; and

(p) regulating the operation of golf carts on streets and highways.

(2) The powers of a local authority to regulate traffic do not include the power to require a fee and a permit for the movement of a vehicle, combination of vehicles, load, object, or other thing of a size exceeding the maximum specified in 61-10-101 through 61-10-104 on a highway that is under the jurisdiction of an entity other than the local authority.
Mont. Code Ann. § 61-8-301 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-301
61-8-301 Reckless driving
Status: in_force

61-8-301 . Reckless driving. (1) A person commits the offense of reckless driving if the person:

(a) operates a vehicle in willful or wanton disregard for the safety of persons or property; or

(b) operates a vehicle in willful or wanton disregard for the safety of persons or property while passing, in either direction, a school bus that has stopped and is displaying the visual flashing red signal, as provided in 61-8-351 and 61-9-402 . This subsection (1)(b) does not apply to situations described in 61-8-351 (7).

(2) A municipality may enact and enforce 61-8-715 and subsection (1) of this section as an ordinance.

(3) A person who is convicted of the offense of reckless driving or of reckless endangerment of a highway worker is subject to the penalties provided in 61-8-715 .
Mont. Code Ann. § 61-8-377 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-377
61-8-377 Medium-speed electric vehicle -- operating requirements
Status: in_force

61-8-377 . Medium-speed electric vehicle -- operating requirements. (1) A medium-speed electric vehicle may be operated only on a highway for which the posted speed limit does not exceed 45 miles an hour.

(2) Except as provided in subsection (1), the provisions of this chapter apply to the operator of a medium-speed electric vehicle.
Mont. Code Ann. § 61-9-222 — MT Code / Title 61 / Chapter 9 / Part 2 / Section 61-9-222
61-9-222 Single-beam road-lighting equipment
Status: in_force

61-9-222 . Single-beam road-lighting equipment. Headlamps arranged to provide a single distribution of light shall be permitted on motor vehicles manufactured and sold prior to July 1, 1956, in lieu of multiple-beam road-lighting equipment herein specified if the single distribution of light complies with the following requirements and limitations:

(1) The headlamps shall be so aimed that when the vehicle is not loaded none of the high-intensity portion of the light shall at a distance of 25 feet ahead project higher than a level of 5 inches below the level of the center of the lamp from which it comes, and in no case higher than 42 inches above the level on which the vehicle stands at a distance of 75 feet ahead.

(2) The intensity shall be sufficient to reveal persons and vehicles at a distance of at least 200 feet.
Mont. Code Ann. § 61-8-515 — MT Code / Title 61 / Chapter 8 / Part 5 / Section 61-8-515
61-8-515 Pedestrian to yield to authorized emergency vehicle
Status: in_force

61-8-515 . Pedestrian to yield to authorized emergency vehicle. (1) Upon the immediate approach of an authorized emergency vehicle making use of an audible signal that meets the requirements of 61-9-401 (4) and visual signals that meet the requirements of 61-9-402 or of a police vehicle that is properly making use of an audible signal, a pedestrian shall yield the right-of-way to the authorized emergency vehicle or police vehicle.

(2) This section does not relieve the operator of an authorized emergency vehicle or a police vehicle from the duty to drive with due regard for the safety of all individuals using the highway or from the duty to exercise due care to avoid colliding with a pedestrian.
Mont. Code Ann. § 61-3-459 — MT Code / Title 61 / Chapter 3 / Part 4 / Section 61-3-459
61-3-459 Veterans' cemetery fee for special veteran license plates -- disposition
Status: in_force

61-3-459 . Veterans' cemetery fee for special veteran license plates -- disposition. (1) Except as provided in 61-3-460 , an applicant for special veteran license plates provided for under 61-3-458 (4) shall pay $10 for each set issued, renewed, or transferred, in addition to any other taxes or fees applicable under this chapter.

(2) Fees collected under this section must be deposited in the state general fund and transferred as provided in 15-1-122 to the special revenue account for state veterans' cemeteries established in 10-2-603 .
Mont. Code Ann. § 61-11-503 — MT Code / Title 61 / Chapter 11 / Part 5 / Section 61-11-503
61-11-503 Definitions
Status: in_force

61-11-503 . Definitions. As used in this part, the following definitions apply:

(1) "Disclose" means to engage in any practice or conduct that makes available or known, by means of any communication to another person, organization, or entity, personal information contained in a motor vehicle record.

(2) "Express consent" means an affirmative authorization given in writing by a person to whom personal information pertains that specifically allows the department to release personal information to another person, organization, or entity. Consent may be conveyed electronically if the conveyance includes an electronic signature, as defined in 30-18-102 , from the person to whom the personal information pertains.

(3) "Highly restricted personal information" means an individual's photograph or image, social security number, or medical or disability information.

(4) "Motor vehicle record" means any record maintained by the department that pertains to a driver's license, commercial driver's license, driving permit, identification card, or title or registration for a motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, snowmobile, or off-highway vehicle.

(5) "Person" does not mean a state agency or local government entity.

(6) (a) "Personal information" means information that identifies a person, including a person's name, address, telephone number, social security number, driver's license or identification number, date of birth, photograph or image, and medical or disability information.

(b) The term does not include the five-digit zip code of an address, information on vehicular accidents, driving or equipment-related violations, a person's driver's license or vehicle registration status, or a vehicle's insurance status.

(7) "Record" includes all books, papers, photographs, photostats, cards, film, tapes, recordings, electronic data, printouts, or other documentary materials, regardless of physical form or characteristics.
Mont. Code Ann. § 61-12-403 — MT Code / Title 61 / Chapter 12 / Part 4 / Section 61-12-403
61-12-403 Reclaiming vehicle
Status: in_force

61-12-403 . Reclaiming vehicle. The owner, lienholder, or person entitled to possession of the vehicle may reclaim it at any time after it is taken into custody and before it is sold. The owner, lienholder, or person entitled to possession of the vehicle shall present to the sheriff of the county or the city police of the city where the vehicle is being stored satisfactory proof of ownership or right to possession and shall pay the costs and expenses incurred in the removal, storage, and custody of the vehicle. The person reclaiming the vehicle may not be required to pay storage charges for a period longer than 90 days.
Mont. Code Ann. § 61-8-106 — MT Code / Title 61 / Chapter 8 / Part 1 / Section 61-8-106
61-8-106 Responsibility of public officers and employees
Status: in_force

61-8-106 . Responsibility of public officers and employees. (1) The provisions of this chapter applicable to the drivers of vehicles upon the highways shall apply to the drivers of all vehicles owned or operated by the United States, this state, or any county, city, or town, district, or any other political subdivision of the state, except as provided in this section and subject to such specific exceptions as are set forth in this chapter with reference to authorized emergency vehicles.

(2) Unless specifically made applicable, the provisions of this chapter except those contained in part 5 of chapter 8 shall not apply to persons, teams, motor vehicles, and other equipment while actually engaged in work upon the surface of a highway but shall apply to such persons and vehicles when traveling to or from such work.
Mont. Code Ann. § 61-10-145 — MT Code / Title 61 / Chapter 10 / Part 1 / Section 61-10-145
61-10-145 Penalties
Status: in_force

61-10-145 . Penalties. (1) A person, firm, or corporation convicted of violating 61-10-101 through 61-10-104 and 61-10-106 through 61-10-110 shall be punished by a fine of not less than $30 or more than $100. A person, firm, or corporation convicted of operating a motor vehicle upon the public highways of this state with weight upon a wheel, axle, or group of axles greater than the maximum permitted by 61-10-101 through 61-10-104 and 61-10-106 through 61-10-110 shall be fined, in addition to other penalties provided by law for the offense, the following amounts:

(a) $30 for any excess weight up to and including 2,000 pounds;

(b) $75 for any excess weight more than 2,000 pounds and less than 4,001 pounds;

(c) $125 for any excess weight more than 4,000 pounds and less than 6,001 pounds;

(d) $175 for any excess weight more than 6,000 pounds and less than 8,001 pounds;

(e) $250 for any excess weight more than 8,000 pounds and less than 10,001 pounds;

(f) $275 for any excess weight more than 10,000 pounds and less than 12,001 pounds;

(g) $300 for any excess weight more than 12,000 pounds and less than 14,001 pounds;

(h) $400 for any excess weight more than 14,000 pounds and less than 16,001 pounds;

(i) $500 for any excess weight more than 16,000 pounds and less than 18,001 pounds;

(j) $600 for any excess weight more than 18,000 pounds and less than 20,001 pounds;

(k) $1,000 for any excess weight more than 20,000 pounds and less than 25,001 pounds;

(l) $2,000 for any excess weight more than 25,000 pounds.

(2) If a motor vehicle is equipped with a retractable axle that is not fully extended and carrying its proportionate share of the load while the motor vehicle is operated upon the highways of this state, the weight penalties in subsection (1) apply to all weight over the legal maximum allowed by the fixed axles regardless of whether the axle is extended at the time of weighing. In addition to the penalties in subsection (1), the owner or operator shall be fined $100 for failure to have the retractable axle fully extended while the gross weight of the vehicle exceeds the legal maximum allowed by the fixed axles.

(3) A complaint filed and a summons or notice to appear issued pertaining to a violation of the gross weight regulations in 61-10-101 through 61-10-104 and 61-10-106 through 61-10-110 must specify the amount of the excess weight that the defendant is alleged to have had upon the vehicle or combination of vehicles.

(4) It is a misdemeanor, punishable as provided in 46-18-212 , for a person, firm, or corporation to violate any of the provisions of 61-10-123 , 61-10-141 , or 61-10-142 .
Mont. Code Ann. § 61-8-1032 — MT Code / Title 61 / Chapter 8 / Part 10 / Section 61-8-1032
61-8-1032 Mandatory suspension of license following certain implied consent action
Status: in_force

61-8-1032 . Mandatory suspension of license following certain implied consent action. (1) The department shall suspend an individual's driver license if the department receives a report for an implied consent violation from law enforcement or another reporting jurisdiction that, pursuant to 61-8-1016 , an individual has refused a test or tests of the person's blood, breath, oral fluid, urine, or other bodily substance for determining any measured amount or detected presence of alcohol or drugs in the person's body.

(2) (a) Except as permitted by law, a person whose license or privilege to drive a motor vehicle on the public highways has been suspended may not have the license or privilege renewed or restored until the revocation or suspension duration has been completed.

(b) The department shall apply the appropriate sanction to the driver based on the reported conviction and prior offenses.

(c) The driver shall pay all reinstatement and administrative fees owed to the department before a driver's license or privilege to drive is restored.

(d) The duration of the suspension commences from the date of violation.

(e) If a person refuses tests for the same incident, the department may not consider each a separate refusal for purposes of suspension.

(f) The department may not issue a probationary license during the suspension issued under this part.

(3) (a) A person who has an implied consent violation shall pay the department an administrative fee of $300, which must be deposited in the state special revenue account established pursuant to subsection (3)(b).

(b) There is a blood-draw search warrant processing account in the state special revenue fund established pursuant to 17-2-102 (1)(b). Money provided to the department of justice pursuant to this subsection (3) must be deposited in the account and may be used only for providing forensic analysis of a driver's blood or breath to determine the presence of alcohol or drugs.

(4) (a) Upon receiving a report of an implied consent violation, the department shall:

(i) for a first violation, suspend the driver's license or driving privilege for 6 months with no provision for a restricted probationary license; or

(ii) for a second or subsequent violation within 5 years of a previous refusal, as determined from the records of the department, suspend the driver's license or driving privilege for 1 year with no provision for a restricted probationary license.

(b) If a person who refuses to submit to one or more tests under this section is the holder of a commercial driver's license, in addition to any action taken against the driver's noncommercial driving privileges, the department shall:

(i) upon a first refusal, suspend the person's commercial driver's license for 1 year; and

(ii) upon a second or subsequent refusal, suspend the person's commercial driver's license for life, subject to department rules adopted to implement federal rules allowing for license reinstatement, if the person is otherwise eligible, upon completion of a minimum suspension period of 10 years. 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.
Mont. Code Ann. § 61-6-102 — MT Code / Title 61 / Chapter 6 / Part 1 / Section 61-6-102
61-6-102 Definitions
Status: in_force

61-6-102 . Definitions. As used in this part, unless the context clearly indicates a different meaning, the following definitions apply:

(1) "Commercial automobile insurance coverage" means any coverage provided to an insured, regardless of number of vehicles or entities covered, under a commercial, garage, or truckers coverage form and rated from a commercial manual or rating rule. Vehicle type and ownership are not the primary factors in underwriting the coverage or rating the coverage. The rating may be subject to individual risk characteristics, including but not limited to experience rating, schedule rating, loss rating, or deductible rating.

(2) "Insurer" means an authorized insurer, as defined in 33-1-201 , who issues or renews a motor vehicle liability policy.

(3) "Judgment" means any judgment that has become final by expiration without appeal of the time within which an appeal might have been perfected or by final affirmation on appeal rendered by a court of competent jurisdiction of any state or of the United States upon a cause of action arising out of the ownership, maintenance, or use of any motor vehicle, for damages, including damages for care and loss of services, because of bodily injury to or death of any person or for damages because of injury to or destruction of property, including the loss of use of property, or upon a cause of action on an agreement of settlement for damages.

(4) "License" means a driver's license as defined in 61-1-101 .

(5) "Low-volume insurer" means an insurer that provides motor vehicle liability policies for fewer than 500 vehicles in this state.

(6) (a) "Motor vehicle liability policy" means a policy of insurance issued or renewed by an insurer to a person who owns or operates a motor vehicle that meets or exceeds the minimum coverage limits under 61-6-103 , including a policy certified as provided in 61-6-133 as proof of financial responsibility.

(b) A certificate filed for a nonresident as proof of financial responsibility under 61-6-134 must be treated as a motor vehicle liability policy under this part.

(7) "Nonresident's operating privilege" means the privilege conferred upon a nonresident by the laws of this state pertaining to the operation by the nonresident of a motor vehicle or the use of a motor vehicle owned by the nonresident in this state.

(8) "Person" means every natural person, firm, partnership, association, or corporation.

(9) "Proof of financial responsibility" means proof of ability to respond in damages for liability on account of accidents occurring subsequent to the effective date of the proof of financial responsibility, arising out of the ownership, maintenance, or use of a motor vehicle.

(10) "State" means any state, territory, or possession of the United States, the District of Columbia, or any province of the Dominion of Canada.

(11) "Suspension" means the withdrawal, by action of the department, of a motor vehicle's registration for a period of time prescribed by department rule.

(12) "System" means the online motor vehicle liability insurance verification system created in 61-6-157 .
Mont. Code Ann. § 61-3-562 — MT Code / Title 61 / Chapter 3 / Part 5 / Section 61-3-562
61-3-562 Permanent registration -- transfer of light vehicle ownership -- rules
Status: in_force

61-3-562 . Permanent registration -- transfer of light vehicle ownership -- rules. (1) (a) The owner of a light vehicle 11 years old or older subject to the registration fee, as provided in 61-3-321 (2), may permanently register the light vehicle upon payment of an $87.50 registration fee, the applicable registration and license fees under 61-3-412 , if applicable, the administrative fee and the annual one-time-only donation fee for a generic specialty license plate under 61-3-480 or collegiate license plates under 61-3-465 , the fee provided for in 61-3-573 for an electric vehicle or a plug-in hybrid electric vehicle, if applicable, and an amount equal to five times the local option motor vehicle tax or flat fee on vehicles under 61-3-537 and, as applicable, either:

(i) (A) the original fee and four times the renewal fee for personalized plates; or

(B) five times the renewal fees for personalized plates; or

(ii) if a new set of license plates is not being issued, an insurance verification fee of $5, which must be deposited in the account established under 61-6-158 .

(b) The following series of license plates may not be used for purposes of permanent registration of a light vehicle:

(i) Montana national guard license plates issued under 61-3-458 (2)(b);

(ii) reserve armed forces license plates issued under 61-3-458 (2)(c); and

(iii) amateur radio operator license plates issued under 61-3-422 .

(2) In addition to the fees described in subsection (1), an owner of a truck with a manufacturer's rated capacity of 1 ton or less that is permanently registered shall pay five times the applicable fees imposed under 61-10-201 .

(3) The owner of a motor vehicle that is permanently registered under this section is not subject to additional registration fees or to other motor vehicle registration fees described in this section for as long as the owner owns the vehicle.

(4) The county treasurer shall once each month remit to the state the amounts collected under this section, other than the local option motor vehicle tax or flat fee and the fee collected pursuant to 61-3-573 , for the purposes of 61-3-321 (2) and 61-10-201 . The county treasurer shall retain the local option motor vehicle tax or flat fee. The county treasurer or an authorized agent shall transmit the fee collected pursuant to 61-3-573 to the state as provided in 15-1-504 for deposit to the credit of the department in the highway restricted account provided for in 15-70-126 .

(5) (a) The permanent registration of a light vehicle allowed by this section may not be transferred to a new owner. If the light vehicle is transferred to a new owner, the department shall cancel the light vehicle's permanent registration.

(b) Upon transfer of a light vehicle registered under this section to a new owner, the new owner shall apply for a certificate of title under 61-3-201 and 61-3-216 and register the light vehicle under 61-3-303 .
Mont. Code Ann. § 61-9-215 — MT Code / Title 61 / Chapter 9 / Part 2 / Section 61-9-215
61-9-215 Lamps on farm tractors, farm equipment, and implements of husbandry
Status: in_force

61-9-215 . Lamps on farm tractors, farm equipment, and implements of husbandry. (1) A farm tractor and a self-propelled farm equipment unit or implement of husbandry not equipped with an electric lighting system must at all times mentioned in 61-9-201 be equipped with at least one lamp displaying a white light visible from a distance of not less than 500 feet to the front of the vehicle, at least one lamp displaying a red light visible from a distance of not less than 500 feet to the rear of the vehicle, and two red reflectors visible from a distance of 100 to 600 feet to the rear when illuminated by the upper beams of headlamps. The lights required in this section must be positioned so that one lamp showing to the front and one lamp or reflector showing to the rear indicates the farthest projection of the tractor, unit, or implement on the side of the road used in passing the vehicle.

(2) A combination of farm tractor and towed unit of farm equipment or implement of husbandry not equipped with an electric lighting system or an implement of husbandry being towed by a motor vehicle must at all times mentioned in 61-9-201 be equipped with the following lamps:

(a) at least one lamp mounted to indicate the extreme left projection of the combination and displaying a white light visible from a distance of not less than 500 feet to the front of the combination; and

(b) two lamps each displaying a red light visible from a distance of not less than 500 feet to the rear of the combination, or at least one lamp displaying a red light visible from a distance of not less than 500 feet to the rear of the combination and two red reflectors visible from a distance of 100 to 600 feet to the rear of the combination when illuminated by the upper beams of headlamps. The lamps or reflectors must be mounted to indicate the extreme left and right rear projections of the towed unit or implement on the highway.

(3) A farm tractor and a self-propelled unit of farm equipment or implement of husbandry equipped with an electric lighting system must at all times mentioned in 61-9-201 be equipped with two multiple-beam or single-beam headlamps meeting the requirements of 61-9-220 or 61-9-222 and two red lamps visible from a distance of not less than 500 feet to the rear, or one red lamp visible from a distance of not less than 500 feet to the rear and two red reflectors visible from a distance of 100 to 600 feet to the rear when illuminated by the upper beams of headlamps. The red lamps or reflectors must be mounted in the rear of the farm tractor or self-propelled implement of husbandry to indicate the extreme left and right projections of the vehicle on the highway.

(4) A combination of farm tractor and towed farm equipment or towed implement of husbandry equipped with an electric lighting system must at all times mentioned in 61-9-201 be equipped with the following lamps:

(a) The farm tractor element of the combination must be equipped with two single-beam or multiple-beam headlamps meeting the requirements of 61-9-220 or 61-9-222 .

(b) The towed unit of farm equipment or implement of husbandry element of the combination must be equipped with two red lamps visible from a distance of not less than 500 feet to the rear or one red lamp visible from a distance of not less than 500 feet to the rear and two red reflectors visible from a distance of 100 to 600 feet to the rear when illuminated by the upper beams of headlamps. The red lamps or reflectors must be located to indicate the extreme left and right projections of the towed unit or implement on the highway.

(c) The combination must also be equipped with a lamp displaying a white or amber light, or a shade of color between white and amber, visible from a distance of not less than 500 feet to the front and a lamp displaying a red light visible from a distance of not less than 500 feet to the rear. The lamp or lamps must indicate to the front and rear the farthest projection of the combination on the side of the road used by other vehicles in passing the combination.
Mont. Code Ann. § 61-12-307 — MT Code / Title 61 / Chapter 12 / Part 3 / Section 61-12-307
61-12-307 Financial statement to be filed
Status: in_force

61-12-307 . Financial statement to be filed. A company shall annually, on or before February 1 of each year, file with the commissioner a financial statement in the form and detail that the commissioner may prescribe, executed on oath by its president or other principal officer, showing its financial condition on December 31 of the preceding year.
Mont. Code Ann. § 61-9-417 — MT Code / Title 61 / Chapter 9 / Part 4 / Section 61-9-417
61-9-417 Headgear required for minor motorcycle riders
Status: in_force

61-9-417 . Headgear required for minor motorcycle riders. (1) (a) Except as provided in subsection (1)(b), an operator and passenger under 18 years of age of a motorcycle, moped, motorized scooter, or quadricycle operated on the streets or highways of this state shall wear protective headgear on the head. The headgear must meet standards established by the department of justice.

(b) This section does not apply to an operator and passenger of an autocycle that is completely enclosed with a windshield, nonremovable doors, and a roof.

(2) A person may not operate a motorcycle, moped, motorized scooter, or quadricycle upon a highway in the state unless all passengers under 18 years of age are in compliance with subsection (1).

(3) A person convicted of violating this section is subject to the penalty provided in 61-9-518 .
Mont. Code Ann. § 61-6-103 — MT Code / Title 61 / Chapter 6 / Part 1 / Section 61-6-103
61-6-103 Motor vehicle liability policy minimum limits -- other requirements
Status: in_force

61-6-103 . Motor vehicle liability policy minimum limits -- other requirements. (1) A motor vehicle liability policy must:

(a) designate by explicit description or by appropriate reference all motor vehicles with respect to the coverage to be granted; and

(b) insure the person named in the policy and any other person, as insured, using any motor vehicle or motor vehicles with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance, or use of the motor vehicle or motor vehicles within the United States of America or Canada, subject to limits exclusive of interest and costs, with respect to each motor vehicle, as follows:

(i) $25,000 because of bodily injury to or death of one person in any one accident and subject to the limit for one person;

(ii) $50,000 because of bodily injury to or death of two or more persons in any one accident; and

(iii) $20,000 because of injury to or destruction of property of others in any one accident.

(2) An operator's policy of liability insurance must insure the person named as insured in the policy against loss from the liability imposed upon the operator by law for damages arising out of the use by the operator of any motor vehicle not owned by the operator, within the same territorial limits and subject to the same limits of liability that are set forth in subsection (1) with respect to the operator's policy of liability insurance.

(3) A motor vehicle liability policy must state the name and address of the named insured, the coverage afforded by the policy, the premium charged for the policy, the policy period, and the limits of liability and contain an agreement or be endorsed that insurance is provided under the policy in accordance with the coverage defined in this part with respect to bodily injury and death or property damage, or both, and is subject to all the provisions of this part.

(4) A motor vehicle liability policy need not insure any liability under any workers' compensation law or any liability on account of bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured or while engaged in the operation, maintenance, or repair of a motor vehicle or any liability for damage to property owned by, rented to, in charge of, or transported by the insured.

(5) A motor vehicle liability policy is subject to the following provisions, which need not be contained in the policy:

(a) The liability of the insurance carrier with respect to the insurance required by this part becomes absolute whenever injury or damage covered by the motor vehicle liability policy occurs. The policy may not be canceled or annulled as to the liability by any agreement between the insurance carrier and the insured after the occurrence of the injury or damage. A statement made by the insured or on behalf of the insured and a violation of the policy may not defeat or void the policy.

(b) The satisfaction by the insured of a judgment for the injury or damage may not be a condition precedent to the right or duty of the insurance carrier to make payment on account of the injury or damage.

(c) The insurance carrier has the right to settle any claim covered by the policy, and if the settlement is made in good faith, the amount is deductible from the limits of liability specified in subsection (1)(b).

(d) The policy, the written application for the policy, if any, and any rider or endorsement that does not conflict with the provisions of this part constitute the entire contract between the parties.

(6) A motor vehicle policy is not subject to cancellation, termination, nonrenewal, or premium increase due to injury or damage incurred by the insured or operator unless the insured or operator is found to have violated a traffic law or ordinance of the state or a city, is found negligent or contributorily negligent in a court of law or by the arbitration proceedings contained in chapter 5 of Title 27, or pays damages to another party, whether by settlement or otherwise. A premium may not be increased during the term of the policy unless there is a change in exposure.

(7) Any policy that grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy, and the excess or additional coverage is not subject to the provisions of this part. With respect to a policy that grants the excess or additional coverage, the term "motor vehicle liability policy" applies only to that part of the coverage required by this section.

(8) A motor vehicle liability policy may provide that the insured shall reimburse the insurance carrier for any payment the insurance carrier would not have been obligated to make under the terms of the policy except for the provisions of this part.

(9) A motor vehicle liability policy may provide for the prorating of the insurance under the policy with other valid and collectible insurance.

(10) The requirements for a motor vehicle liability policy may be fulfilled by the policies of one or more insurance carriers, which policies together meet the requirements.

(11) Any binder issued pending the issuance of a motor vehicle liability policy fulfills the requirements for the policy.

(12) A reduced limits endorsement may not be issued by a company to be attached to a policy issued in compliance with this section.
Mont. Code Ann. § 61-4-123 — MT Code / Title 61 / Chapter 4 / Part 1 / Section 61-4-123
61-4-123 Dealer requirements and restrictions -- definitions
Status: in_force

61-4-123 . Dealer requirements and restrictions -- definitions. (1) A used dealer may not sell a new motor vehicle, a new power sports vehicle, or a new trailer.

(2) A dealer may not display at the dealer's established place of business or any approved off-premises sale location a motor vehicle offered for sale, trade, or consignment unless the Monroney label required for new motor vehicles pursuant to 15 U.S.C. 1232 or the buyer's guide label required for used motor vehicles pursuant to 16 CFR, part 455, is affixed to the side window of the motor vehicle or is conspicuously displayed within the motor vehicle in a fashion that is readily readable by a customer.

(3) (a) Except as provided in subsection (4), a dealer may not sell or display a motor vehicle, power sports vehicle, or trailer offered for sale at any geographic location other than that of the dealer's established place of business as listed on the dealer's license.

(b) A dealer may park a motor vehicle in a storage lot if:

(i) local zoning regulations permit that type of use;

(ii) the lot is in the county where the dealer's established place of business is located;

(iii) the dealer does not sell or advertise the sale of the motor vehicle at the lot; and

(iv) if applicable, the placement of the motor vehicle complies with the dealer's franchise agreement.

(4) (a) On prior notice to the department, a dealer may conduct an off-premises display and sale at a geographic location other than that of the dealer's established place of business as listed on the dealer's license if the dealer obtains a permit from the department. The department may require proof from the dealer that the location proposed for the off-premises display and sale is in compliance with local zoning ordinances. An off-premises display and sale must be conducted within the county of the dealer's licensed location unless the off-premises display and sale are restricted to recreational vehicles or power sports vehicles. A new recreational vehicle, boat, or powersports dealer whose area of responsibility under the dealer's franchise agreement includes a county different from the county in which the dealer's established place of business is located may conduct an off-premises display and sale, subject to the agreement, in the other county if there is no other new recreational vehicle, boat, or powersports dealer authorized to sell the same manufacturer's model or line-make with an established place of business in that county. The display and sale authorized by this subsection (4)(a) may not exceed 10 consecutive days, and a licensed dealer may not conduct more than 10 off-premises displays and sales during any 1 calendar year.

(b) A dealer may display one or more motor vehicles, power sports vehicles, or trailers inside an airport terminal or shopping mall without obtaining an off-premises display and sale permit if no actual sales are made, or could be made, at the terminal or mall.

(c) On prior written notice to the department, a dealer may display one motor vehicle, power sports vehicle, or trailer at a geographic location other than that of the dealer's established place of business as listed on the dealer's license if no actual sales are made, or could be made, at the display location and the display:

(i) conspicuously promotes or supports an event or a program sponsored by a nonprofit corporation or association organized and operated exclusively for religious, charitable, scientific, or educational purposes and the motor vehicle, power sports vehicle, or trailer is displayed at a location where the event is being held or the program is being promoted; or

(ii) conspicuously promotes a joint commercial endeavor between the dealer and another clearly identified business entity and the motor vehicle, power sports vehicle, or trailer is displayed on premises owned or leased by the other business entity and where the other entity regularly conducts its business. A display under this subsection (4)(c)(ii) may not exceed 90 days in a calendar year.

(5) If more than one dealer displays motor vehicles, power sports vehicles, or trailers at the same geographic location as another dealer's established place of business, each dealer shall ensure that all records, office facilities, and inventory, if applicable, are physically segregated from those of the other dealer and clearly identified and attributed to the appropriate dealer.

(6) A dealer shall install and maintain telephone service at the dealer's established place of business. The telephone service must be listed in the directory assistance that applies to the area in which the business is located, or if a cellular service is used, the dealer's cell phone number must be posted at the dealer's established place of business.

(7) A dealer shall conspicuously post at the dealer's established place of business written notice indicating the regular and customary office hours maintained by the dealer.

(8) (a) A dealer shall carry and continuously maintain a general liability insurance policy that covers any motor vehicle bearing a set of dealer plates or a demonstrator plate and any power sports vehicle displaying a dealer's identification card that is offered for demonstration or loan to a customer or that otherwise may be operated by a customer in the regular course of the dealer's business operations.

(b) A dealer shall ensure that the department is named as a certificate holder on any general liability insurance policy held by the dealer, that the minimum term of the policy is 1 year, and that a lapse of insurance does not occur as a result of cancellation or termination of a previously certified policy.

(c) This subsection (8) does not relieve a dealer of the mandatory motor vehicle liability insurance obligation imposed under chapter 6 of this title.

(9) A dealer shall display at the dealer's established place of business at least one sign stating the name of the business and indicating that motor vehicles, power sports vehicles, or trailers are offered for sale, trade, or consignment. The letters of the sign must be at least 6 inches in height and clearly visible and readable to the major avenue of traffic at a minimum distance of 150 feet.

(10) As used in this section:

(a) "motor vehicle" means:

(i) a recreational vehicle as defined in 61-1-101 (60);

(ii) a motorboat and a personal watercraft as defined in 23-2-502 ;

(iii) a snowmobile as defined in 23-2-601 ; and

(iv) an off-highway vehicle as defined in 23-2-801 ; and

(b) "storage lot" means property owned, leased, or rented by a dealer that is not contiguous to the dealer's established place of business where a motor vehicle from the dealer's inventory may be placed when space at the dealer's established place of business is not available.
Mont. Code Ann. § 61-8-382 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-382
61-8-382 Driving in funeral procession
Status: in_force

61-8-382 . Driving in funeral procession. (1) A vehicle in a funeral procession shall follow the preceding vehicle in the funeral procession as closely as is practicable and safe.

(2) An ordinance, law, or regulation requiring that motor vehicles be operated to allow sufficient space between them to enable another vehicle to enter and occupy that space without danger does not apply to vehicles in a funeral procession.

(3) The driver of a motor vehicle in a funeral procession may not drive the vehicle at a speed greater than:

(a) 55 miles per hour on a highway where the posted speed limit is 55 miles per hour or more; or

(b) 5 miles per hour below the posted speed limit on other streets or roads.

(4) A vehicle being operated in a funeral procession must have its headlights and taillights illuminated.

(5) The turn signals must be flashing simultaneously as warning lights on a vehicle that:

(a) is the first vehicle in a funeral procession; or

(b) the driver has reason to believe is the last vehicle in a funeral procession.
Mont. Code Ann. § 61-9-203 — MT Code / Title 61 / Chapter 9 / Part 2 / Section 61-9-203
61-9-203 Headlamps on motor vehicles
Status: in_force

61-9-203 . Headlamps on motor vehicles. (1) A motor vehicle other than a motorcycle, quadricycle, or motor-driven cycle must be equipped with at least two headlamps, with at least one on each side of the front of the motor vehicle, that comply with the requirements and limitations set forth in this chapter.

(2) A motorcycle, quadricycle, or motor-driven cycle must be equipped with at least one and not more than two headlamps that comply with the requirements and limitations of this chapter. If a motorcycle is registered under 61-3-411 as a collector's item, it need not be equipped with headlamps; however, if it is not equipped with headlamps, it may not be operated upon a highway or street from one-half hour after sunset to one-half hour before sunrise or if persons and vehicles are not clearly discernible at a distance of 500 feet. A motorcycle may be equipped with a means of modulating the high beam of its headlamps between high and low beam at a rate of 200 to 280 flashes a minute; however, an operator may not modulate the headlamps at that rate during periods when headlamps are required to be lighted by 61-9-201 .

(3) A headlamp upon a motor vehicle, including a motorcycle, quadricycle, and motor-driven cycle, must be located at a height, measured from the center of the headlamp, of not more than 54 inches or less than 22 inches, to be measured as provided in 61-9-202 (2).

(4) When headlamps are required to be lighted by 61-9-201 , a person may not operate a motor vehicle on a highway with headlamps that are composed of, covered by, or treated with a tinted or colored material, substance, system, or component that obscures the headlamps or diminishes the distance of visibility required by this section.

(5) This section does not prohibit the operation or sale of a motor vehicle the headlamps of which are composed of, covered by, or treated with a tinted or colored material, substance, system, or component with which the vehicle was sold or could have been equipped for sale when new as standard or optional equipment in compliance with federal statute or regulation governing the sale at the time of manufacture.
Mont. Code Ann. § 61-5-141 — MT Code / Title 61 / Chapter 5 / Part 1 / Section 61-5-141
61-5-141 Self-certification of operation status -- medical certificate submission and tracking -- notice of expiration -- downgrade of license
Status: in_force

61-5-141 . Self-certification of operation status -- medical certificate submission and tracking -- notice of expiration -- downgrade of license. (1) The department may not issue or renew a commercial driver's license unless the person applying for the license:

(a) certifies to the department the status of operation or expected operation of the commercial motor vehicle as being either nonexcepted interstate commerce or excepted interstate commerce, as those terms are described in 49 CFR 383.71, or intrastate commerce; and

(b) when nonexcepted interstate commerce is certified, submits to the department a current medical examiner's certificate as prescribed in 49 CFR, part 391, or when intrastate commerce is certified, submits to the department a current medical examiner's certificate as prescribed in 49 CFR, part 391, or a medical statement as prescribed by department rule.

(2) The department may not issue a commercial driver's license to a person seeking to transfer a valid commercial driver's license issued by another state driver licensing authority unless the requirements of subsection (1)(a) are met, and if the driver certifies to nonexcepted interstate commerce operation, the department shall check the person's CDLIS driver record to verify that the person's medical certification status is "certified".

(3) The department shall mail to the holder of a commercial driver's license certified for nonexcepted interstate commerce a notice of pending medical certificate expiration no earlier than 60 days and no later than 30 days prior to the expiration date of the current medical certificate. The department shall mail the notice to the Montana mailing address shown on the commercial driver's license or, if more recent, the mailing address updated pursuant to 61-3-119 and 61-5-115 .

(4) On or before the expiration date of the current medical certificate, the holder of a commercial driver's license certified for nonexcepted interstate commerce shall submit a new medical certificate to the department.

(5) If a new medical certificate is not submitted as required in subsection (4), the department shall, within 10 days of expiration of the current medical certificate:

(a) update the CDLIS driver record to a status of "not certified";

(b) downgrade the person's commercial driver's license; and

(c) notify the person of the status change and the license downgrade on the CDLIS driver record.

(6) The department may reinstate a commercial driver's license that was downgraded under subsection (5) if, within the original term of the downgraded license, the person:

(a) submits a current medical certificate to the department;

(b) certifies to a change in operation status to excepted interstate; or

(c) certifies to a change in operation status to intrastate and submits either a current medical examiner's certificate as prescribed in 49 CFR, part 391, or a medical statement as prescribed by department rule.

(7) Within 10 days of issuance, transfer, renewal, downgrade, or upgrade of a commercial driver's license, the department shall update the CDLIS driver record for the license holder in accordance with the requirements of 49 CFR, part 383.

(8) A downgrade or subsequent upgrade of a CDLIS driver record pursuant to this section is an electronic transaction. The department may not require the surrender or replacement of a commercial driver's license under this section unless the license is expired.

(9) Unless the commercial driver's license is expired, the department may not require a license holder to take the knowledge and road or skills tests required under 61-5-110 or 61-5-111 to reinstate the commercial driver's license pursuant to subsection (6) of this section.
Mont. Code Ann. § 61-3-403 — MT Code / Title 61 / Chapter 3 / Part 4 / Section 61-3-403
61-3-403 Color and design of personalized license plates -- exception
Status: in_force

61-3-403 . Color and design of personalized license plates -- exception. Except as provided in 61-3-407 and 61-3-466 , the personalized license plates must be the same color and design as standard license plates and must consist of numbers or letters, or any combination of numbers or letters, not exceeding eight positions and not less than two positions, provided that there are no conflicts with existing standard or special license plate series under this title. A registration decal must be displayed on personalized license plates as provided in 61-3-332 .
Mont. Code Ann. § 61-3-110 — MT Code / Title 61 / Chapter 3 / Part 1 / Section 61-3-110
61-3-110 Contract rental price adjustment -- not sale or security interest
Status: in_force

61-3-110 . Contract rental price adjustment -- not sale or security interest. In the case of a motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile, a transaction does not create a sale or security interest solely because it permits or requires that the rental price be adjusted either upward or downward under the agreement by reference to the amount realized upon the sale or other disposition of the motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile. To the extent that a conflict exists, this section supersedes any other provision of law.
Mont. Code Ann. § 61-10-212 — MT Code / Title 61 / Chapter 10 / Part 2 / Section 61-10-212
61-10-212 Temporary trip permits showing payment of fees -- display
Status: in_force

61-10-212 . Temporary trip permits showing payment of fees -- display. (1) Temporary trip permits showing payment of the fees provided for in 61-10-211 shall be issued under rules prescribed by the department. The permit shall be displayed in the vehicle for which the fee has been paid at all times while the vehicle is being operated on the highways of this state by posting it where it may be read.

(2) The department may limit the operation of the vehicle in this state to a definite period of time.
Mont. Code Ann. § 61-8-902 — MT Code / Title 61 / Chapter 8 / Part 9 / Section 61-8-902
61-8-902 Purpose
Status: in_force

61-8-902 . Purpose. The legislature recognizes that:

(1) wrecked, disabled, and abandoned motor vehicles on the public roadways create hazards that imperil lives and property and require expeditious removal;

(2) officers investigating accidents on the public roadways need immediately available towing and recovery vehicles staffed by competent operators and adequately equipped to clear the roadways and remove hazardous obstructions with minimum damage to property;

(3) certain standards and classifications are needed for professional tow trucks and equipment used for towing and recovering wrecked, disabled, and abandoned motor vehicles or other objects creating hazards on the public roadways;

(4) encouragement of a competitive and qualified professional towing industry requires establishment of a uniform and equitable qualification system based on the equipment and the standards provided in 61-8-905 through 61-8-907 and a system for the fair consideration of all qualified tow truck companies; and

(5) the use of nonqualified tow truck companies or private motor vehicles to tow or recover for hire wrecked, disabled, or abandoned vehicles creates additional hazards and, except in limited situations, should be prohibited. However, when a person or tow truck company responds in good faith to life-threatening emergency situations, it should not be liable for civil damages for acts or omissions, other than damages occasioned by gross negligence or by willful or wanton acts or omissions.
Mont. Code Ann. § 61-7-106 — MT Code / Title 61 / Chapter 7 / Part 1 / Section 61-7-106
61-7-106 Duty upon striking unattended vehicle
Status: in_force

61-7-106 . Duty upon striking unattended vehicle. The driver of any vehicle which collides with any vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances thereof.
Mont. Code Ann. § 61-6-104 — MT Code / Title 61 / Chapter 6 / Part 1 / Section 61-6-104
61-6-104 Uniformity of interpretation
Status: in_force

61-6-104 . Uniformity of interpretation. This part shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those states which enact it.
Mont. Code Ann. § 61-12-1002 — MT Code / Title 61 / Chapter 12 / Part 10 / Section 61-12-1002
61-12-1002 Ownership of recorded data
Status: in_force

61-12-1002 . Ownership of recorded data. Except as provided in 61-12-1004 , the data on a motor vehicle event data recorder is exclusively owned by the owner or owners of the motor vehicle and may not be retrieved or used by any person other than an owner of the motor vehicle without the written consent of an owner.
Mont. Code Ann. § 61-8-707 — MT Code / Title 61 / Chapter 8 / Part 7 / Section 61-8-707
61-8-707 Fleeing from or eluding peace officer -- penalty
Status: in_force

61-8-707 . Fleeing from or eluding peace officer -- penalty. (1) Except as provided in subsections (2) and (3), a person convicted of or pleading guilty or no contest to an offense under 61-8-316 is guilty of a misdemeanor and shall be imprisoned for a term not to exceed 1 year or fined an amount not to exceed $2,000, or both.

(2) A person convicted of the offense of aggravated fleeing from or eluding a peace officer under 61-8-316 is guilty of a felony and shall be imprisoned for a term not to exceed 5 years or fined an amount not to exceed $5,000, or both.

(3) A person convicted of an offense of fleeing from or eluding a peace officer during which the person causes serious bodily injury to or the death of any other person is guilty of a felony and shall be imprisoned for a term not to exceed 10 years or fined an amount not to exceed $10,000, or both.
Mont. Code Ann. § 61-10-142 — MT Code / Title 61 / Chapter 10 / Part 1 / Section 61-10-142
61-10-142 Display of permit
Status: in_force

61-10-142 . Display of permit. A special permit issued under 61-10-121 shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any peace officer, officer of the highway patrol, or employee of the department of transportation.
Mont. Code Ann. § 61-3-318 — MT Code / Title 61 / Chapter 3 / Part 3 / Section 61-3-318
61-3-318 Fleet registration period -- definition
Status: in_force

61-3-318 . Fleet registration period -- definition. (1) (a) Notwithstanding any other provisions of this title regarding the registration of motor vehicles, a person owning or leasing a fleet may register its fleet for a 6-month or a 9-month period, commencing from the date of original registration.

(b) A motor vehicle remaining in the fleet at the end of a 6-month or a 9-month period must be reregistered for a minimum of 12 months.

(2) As used in this section, "fleet" means automobiles or trucks having a rated capacity of three-quarters of a ton or less that are rented or offered for rental without drivers and that are designated by a rental owner as a rental fleet in a quantity set by the department pursuant to 61-14-101 .
Mont. Code Ann. § 61-8-502 — MT Code / Title 61 / Chapter 8 / Part 5 / Section 61-8-502
61-8-502 Pedestrians' right-of-way in crosswalk -- school children -- pedestrian-actuated devices
Status: in_force

61-8-502 . Pedestrians' right-of-way in crosswalk -- school children -- pedestrian-actuated devices. (1) (a) Except as provided in subsection (1)(b), when traffic control signals are not in place or not in operation, the operator of a vehicle shall yield the right-of-way, slowing down or stopping if necessary, to a pedestrian crossing the roadway within a marked crosswalk or within an unmarked crosswalk at an intersection, but a pedestrian may not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close that it is impossible for the operator to yield. This provision does not apply under the conditions provided in 61-8-503 (2).

(b) When a vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at an intersection, the operator of a vehicle may make a right-hand turn if the pedestrian is in the opposite half of the roadway and is not in danger.

(2) When a vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the operator of any other vehicle approaching from the rear may not overtake and pass the stopped vehicle.

(3) A person may not operate a vehicle through a column of school children crossing a roadway or past a school crossing guard while the crossing guard is directing the movement of children across a roadway and while the crossing guard is holding an official sign in the stop position.

(4) (a) When the operator of a vehicle is approaching a flashing pedestrian-actuated device at a crosswalk and a pedestrian is present, the operator shall yield the right-of-way, slowing down or stopping if necessary, and remain stopped until the pedestrian has crossed the roadway. The operator may proceed with caution after the pedestrian has completed crossing the roadway.

(b) If the vehicle reaches the intersection before the pedestrian-actuated device is engaged, or if the vehicle cannot safely stop before entering the intersection when the pedestrian-actuated device is engaged, then the vehicle may continue through the intersection at a safe speed.

(5) A person convicted of violating this section is guilty of the offense of endangerment of pedestrians and is subject to the penalties prescribed in 61-8-742 .

(6) For the purposes of this section, the following definitions apply:

(a) "Pedestrian-actuated device" means a traffic-control device that, when activated by a pedestrian, begins a timed flashing light sequence to indicate the pedestrian's presence in the crosswalk. The term includes but is not limited to:

(i) rectangular, rapid-flashing beacons;

(ii) warning beacons; and

(iii) in-roadway warning lights.

(b) "Vehicle" has the same meaning as provided in 61-1-101 .
Mont. Code Ann. § 61-10-113 — MT Code / Title 61 / Chapter 10 / Part 1 / Section 61-10-113
61-10-113 Issuance of permits for overweight and oversize loads -- interstate agreements
Status: in_force

61-10-113 . Issuance of permits for overweight and oversize loads -- interstate agreements. The department of transportation may enter into agreements with other states to provide for the issuance of permits for overweight and oversize loads, as authorized by the laws and rules of each state.
Mont. Code Ann. § 61-10-232 — MT Code / Title 61 / Chapter 10 / Part 2 / Section 61-10-232
61-10-232 Violation -- penalty
Status: in_force

61-10-232 . Violation -- penalty. Any owner or operator of a motortruck, truck tractor, trailer, semitrailer, bus, or automobile who violates any provision of this part is guilty of a misdemeanor and shall be punished by a fine of not more than $300 or by a sentence of not more than 60 days in the county jail or both.
Mont. Code Ann. § 61-12-501 — MT Code / Title 61 / Chapter 12 / Part 5 / Section 61-12-501
61-12-501 Authority of department to issue identification cards -- lawful presence verification
Status: in_force

61-12-501 . Authority of department to issue identification cards -- lawful presence verification. (1) The department may issue an identification card to any person who provides acceptable documentation of Montana residency and whose presence in the United States is authorized under federal law.

(2) On or after January 1, 2026, an identification card issued pursuant to this section to a citizen of the United States must display an image of an eagle to signify the licensee's status as a United States citizen.

(3) When an applicant who is not a citizen of the United States applies for an identification card, the department shall verify that the applicant is lawfully present in the United States by using the federal systematic alien verification for entitlements program or any other verification program approved by the federal government.

(4) A person may only have one nonvoided driver's license or identification card issued by the department at any time.

(5) As used in this section, "identification card" and "driver's license" include a digital credential.
Mont. Code Ann. § 61-4-520 — MT Code / Title 61 / Chapter 4 / Part 5 / Section 61-4-520
61-4-520 Nonconforming procedure -- arbitration de novo
Status: in_force

61-4-520 . Nonconforming procedure -- arbitration de novo. A consumer injured by the operation of any procedure that does not conform with procedures established by a manufacturer pursuant to 61-4-511 and the provisions of Title 16, Code of Federal Regulations, part 703, may appeal any decision rendered as the result of the procedure by requesting arbitration de novo of the dispute by a department arbitrator. Filing procedures and fees for appeals must be the same as those required in 61-4-515 through 61-4-517 . The findings of the manufacturer's informal dispute settlement procedure are admissible in evidence at the department's arbitration hearing and in any civil action arising out of any warranty obligation or matter related to the dispute.
Mont. Code Ann. § 61-12-207 — MT Code / Title 61 / Chapter 12 / Part 2 / Section 61-12-207
61-12-207 Cooperation with other agencies
Status: in_force

61-12-207 . Cooperation with other agencies. Such employees of the department shall cooperate with other law enforcement agencies.
Mont. Code Ann. § 61-10-233 — MT Code / Title 61 / Chapter 10 / Part 2 / Section 61-10-233
61-10-233 Excess weight -- penalties
Status: in_force

61-10-233 . Excess weight -- penalties. (1) The operator is subject to the penalties stated in 61-10-232 whenever the gross loaded weight of any trucks, truck tractor, trailer, or semitrailer operated upon any highway in this state exceeds the gross vehicle weight shown on:

(a) the owner's certificate of registration and registration receipt issued under 61-3-322 ; or

(b) the gross vehicle weight license issued under this part.

(2) In addition, the operator shall immediately pay to the nearest county treasurer or to the department the difference between the fee already paid and that applicable to the gross weight of the vehicle before unloading the excess, provided that it does not exceed the legal axle weight.
Mont. Code Ann. § 61-5-308 — MT Code / Title 61 / Chapter 5 / Part 3 / Section 61-5-308
61-5-308 Uniformity of interpretation
Status: in_force

61-5-308 . Uniformity of interpretation. Parts 1 through 3 of this chapter and 61-11-101 and 61-11-102 shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states which enact them.
Mont. Code Ann. § 61-3-464 — MT Code / Title 61 / Chapter 3 / Part 4 / Section 61-3-464
61-3-464 Application for collegiate license plates
Status: in_force

61-3-464 . Application for collegiate license plates. An applicant for collegiate license plates or renewal of collegiate license plates pursuant to 61-3-465 shall apply in the form and by the date the department requires. An application for a collegiate license plate may be combined with an application for a license plate bearing a wheelchair as the symbol of a person with a disability if the applicant meets the qualifications under 61-3-332 (9).
Mont. Code Ann. § 61-12-1004 — MT Code / Title 61 / Chapter 12 / Part 10 / Section 61-12-1004
61-12-1004 Retrieval or use of data -- exceptions
Status: in_force

61-12-1004 . Retrieval or use of data -- exceptions. (1) Data from a motor vehicle event data recorder may be retrieved or used without the consent of the owner:

(a) if a court orders the production of the data pursuant to a valid search warrant;

(b) to facilitate or determine the need for emergency medical care for the driver or passenger of a motor vehicle that is involved in a motor vehicle crash or other emergency, including the retrieval of data from a company that provides subscription services to the owner of a motor vehicle for in-vehicle safety and security communications systems;

(c) by order of the district court provided that the owner has notice and 48 hours to object and request a hearing; or

(d) for the purposes of improving motor vehicle safety, security, or traffic management and provided that the identity of the owner or driver is not disclosed in connection with that retrieved data. For purposes of this subsection (1)(d), the disclosure of the vehicle identification number with the last 6 digits deleted does not constitute disclosure of the identity of the owner or driver.

(2) This part does not apply to data that is stored or transmitted pursuant to a subscription service agreement for the use of a recording device to record a history of where a motor vehicle travels or for the transmission of data to a central communications system.
Mont. Code Ann. § 61-4-303 — MT Code / Title 61 / Chapter 4 / Part 3 / Section 61-4-303
61-4-303 Disposition of funds collected
Status: in_force

61-4-303 . Disposition of funds collected. The department of justice shall retain 5% of the funds collected in payment of the trip fees to defray costs of administration. The remaining 95% shall be transferred, on or before the 15th day of each month after collection, to the credit of the department of transportation.
Mont. Code Ann. § 61-8-372 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-372
61-8-372 Littering with lighted matches, cigarettes, and other burning material and dumping ashtray prohibited -- penalty -- posting
Status: in_force

61-8-372 . Littering with lighted matches, cigarettes, and other burning material and dumping ashtray prohibited -- penalty -- posting. (1) A person may not throw away lighted matches, tobacco, cigarettes, cigars, or other lighted material on a forest road, private road, city street, county road, public highway, or railroad right-of-way, except lighted materials used as safety signaling devices, in this state.

(2) A person may not empty an ashtray containing matches, ashes, cigarette or cigar refuse, or other related material on a forest road, private road, city street, county road, public highway, or railroad right-of-way in this state.

(3) A person convicted of violating subsection (1) or (2) shall be fined a maximum of $500.

(4) Municipalities, the forest service, county governments, property owners, public transit operators, federal highway administrators, and any other appropriate entity may, at their discretion, post copies of this section in conspicuous locations.
Mont. Code Ann. § 61-9-305 — MT Code / Title 61 / Chapter 9 / Part 3 / Section 61-9-305
61-9-305 Automatic trailer brake application upon breakaway
Status: in_force

61-9-305 . Automatic trailer brake application upon breakaway. Every trailer, semitrailer, and pole trailer equipped with air or vacuum actuated brakes and every trailer, semitrailer, and pole trailer with a gross weight in excess of 3,000 pounds, manufactured or assembled after January 1, 1966, shall be equipped with brakes acting on all wheels and of such character as to be applied automatically and promptly, and remain applied for at least 15 minutes upon breakaway from the towing vehicle.
Mont. Code Ann. § 61-4-143 — MT Code / Title 61 / Chapter 4 / Part 1 / Section 61-4-143
61-4-143 Unlawful curbstoning of vehicle for sale
Status: in_force

61-4-143 . Unlawful curbstoning of vehicle for sale. (1) Except as provided in 61-4-123 , a person may not display or park a motor vehicle offered or posted for sale on real property in which the person does not have a legal interest if the primary purpose of displaying or parking the vehicle on the property is to promote or effect the sale of the vehicle.

(2) This section does not prohibit the display or parking of a motor vehicle offered or posted for sale when:

(a) the display or parking of the motor vehicle is incidental to actual operation and immediate use of the motor vehicle by the motor vehicle owner;

(b) the motor vehicle owner obtains the written consent of the real property owner, lessee, or agent of the owner or lessee on whose property the motor vehicle is displayed and posts the written consent or a copy of the written consent in the front or rear window of the motor vehicle; or

(c) unless otherwise prohibited by local ordinance, the motor vehicle is displayed on a public street that is adjacent to real property in which the person offering the motor vehicle for sale has a legal interest.

(3) A person who violates subsection (1):

(a) is subject to a written warning for the first violation; and

(b) for a second or subsequent violation, is guilty of a misdemeanor and upon conviction may be fined an amount not less than $250 and not more than $500.

(4) Each violation of subsection (1) is considered a separate offense.
Mont. Code Ann. § 61-6-123 — MT Code / Title 61 / Chapter 6 / Part 1 / Section 61-6-123
61-6-123 Suspension to continue until judgments paid and proof given -- maximum period of suspension
Status: in_force

61-6-123 . Suspension to continue until judgments paid and proof given -- maximum period of suspension. A license or nonresident's operating privilege remains suspended and may not be renewed, nor may a license be issued in the name of a judgment debtor, including a judgment debtor not previously licensed, until each judgment is stayed, satisfied in full, or satisfied to the extent provided in this part and until the person gives proof of compliance with 61-6-301 subject to the exemptions provided in 61-6-122 and 61-6-125 or 6 years have passed from date judgment was first entered and the person has complied with 61-6-301 and 61-6-302 .
Mont. Code Ann. § 61-8-330 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-330
61-8-330 Driving on divided highways
Status: in_force

61-8-330 . Driving on divided highways. (1) Where a highway has been divided into two or more roadways by leaving a space delineated by two double yellow lines or two yellow lines with a crosshatch pattern or by a physical barrier or a clearly indicated dividing section that is constructed in a way that impedes vehicular traffic, a vehicle may be driven only upon the right-hand roadway unless directed or permitted by official traffic control devices or police officers to use another roadway.

(2) A vehicle may not be driven over, across, or within a space, barrier, or section described in subsection (1) except through an opening in the physical barrier or dividing section or space or at an established crossover or intersection unless specifically prohibited by a public authority.
Mont. Code Ann. § 61-8-361 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-361
61-8-361 Driving on mountain highways
Status: in_force

61-8-361 . Driving on mountain highways. The driver of a motor vehicle traveling through defiles or canyons or on mountain highways shall hold the motor vehicle under control and as near the right-hand edge of the roadway as reasonably possible.
Mont. Code Ann. § 61-5-305 — MT Code / Title 61 / Chapter 5 / Part 3 / Section 61-5-305
61-5-305 Employing driver without license
Status: in_force

61-5-305 . Employing driver without license. No person shall employ as a commercial vehicle operator any person not then licensed as provided by this chapter.
Mont. Code Ann. § 61-8-905 — MT Code / Title 61 / Chapter 8 / Part 9 / Section 61-8-905
61-8-905 Classification standards
Status: in_force

61-8-905 . Classification standards. (1) Commercial tow trucks are divided into the following five classes based on the manufacturer's rating:

(a) Class A tow truck equipment must have a minimum manufacturer's boom or combined boom rating of 4 tons and must be mounted on a truck chassis with a minimum manufacturer's rating of 10,000 pounds gross vehicle weight.

(b) Class B tow truck equipment must have a minimum manufacturer's boom or combined boom rating of 8 tons and must be mounted on a truck chassis with a minimum manufacturer's rating of 18,000 pounds gross vehicle weight.

(c) Class C tow truck equipment must have a minimum manufacturer's boom or combined boom rating of 16 tons and must be mounted on a chassis that has a minimum manufacturer's rating of 32,000 pounds gross vehicle weight.

(d) Class D tow truck equipment includes manufactured rollbacks and car carriers with manufacturer's gross vehicle ratings of 10,000 pounds and over. The rollbacks and car carriers must be mounted on a truck-trailer chassis that, at a minimum, is equal to the minimum gross weight of the rollback or car carrier. Class D also includes any piece of towing equipment without a boom.

(e) Class E includes two or more tow trucks working together with a combined manufacturer's rating of a minimum of 80,000 pounds with access to supportive equipment, such as forklifts, banders, and air bags, for the recovery of rollovers and wrecked, disabled, and abandoned vehicles whose cargo requires special handling. Class E refers to tow truck companies and not to tow truck equipment.

(2) An operator of noncommercially manufactured or modified tow truck equipment in use on October 1, 1995, that wishes to participate in the law enforcement rotation system must have its equipment classified by the department within a time period set by the department. Once the equipment is classified, further modifications may not be made.

(3) An operator of new noncommercially manufactured or modified tow truck equipment must have its equipment independently certified before participating in the law enforcement rotation system. Once the equipment is classified, further modifications to the equipment must be recertified.
Mont. Code Ann. § 61-5-202 — MT Code / Title 61 / Chapter 5 / Part 2 / Section 61-5-202
61-5-202 Cancellation of license upon death of person signing minor's application
Status: in_force

61-5-202 . Cancellation of license upon death of person signing minor's application. The department upon receipt of satisfactory evidence of the death of the persons who signed the application of a minor for a license shall cancel such license and shall not issue a new license until such time as a new application, duly signed and verified, is made as required by this chapter. This provision shall not apply in the event the minor has attained the age of 18 years.
Mont. Code Ann. § 61-8-381 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-381
61-8-381 Equipment required for funeral vehicle -- restricted light use
Status: in_force

61-8-381 . Equipment required for funeral vehicle -- restricted light use. (1) A funeral escort vehicle or a funeral lead vehicle must be equipped with at least one lighted rotating or oscillating lamp exhibiting an amber light or lens visible under normal atmospheric conditions for a distance of 500 feet from the front of the vehicle.

(2) A funeral escort vehicle or a funeral lead vehicle may illuminate a rotating or oscillating amber light only when the vehicle is in use in a funeral procession.
Mont. Code Ann. § 61-9-205 — MT Code / Title 61 / Chapter 9 / Part 2 / Section 61-9-205
61-9-205 New motor vehicles to be equipped with reflectors
Status: in_force

61-9-205 . New motor vehicles to be equipped with reflectors. (1) Every new motor vehicle hereafter sold and operated upon a highway, other than a truck tractor, shall carry on the rear, either as a part of the taillamps or separately, two red reflectors, except that every motorcycle, quadricycle, and motor-driven cycle shall carry at least one reflector meeting the requirements of this section, and except that vehicles of the type mentioned in 61-9-208 shall be equipped with reflectors as required in those sections applicable thereto.

(2) Every such reflector shall be mounted on the vehicle at a height not less than 15 inches or more than 60 inches measured as set forth in 61-9-202 (2) and shall be of such size and characteristics and so mounted as to be visible at night from all distances within 300 feet to 50 feet from such vehicle when directly in front of lawful upper beams of headlamps, except that visibility from a greater distance may be required of reflectors on certain types of vehicles.
Mont. Code Ann. § 61-4-308 — MT Code / Title 61 / Chapter 4 / Part 3 / Section 61-4-308
61-4-308 List of holders of permits and transit plates
Status: in_force

61-4-308 . List of holders of permits and transit plates. The department of justice shall furnish the department of transportation a list of the permitholders and of the transit plates or devices issued to those permitholders.
Mont. Code Ann. § 61-3-220 — MT Code / Title 61 / Chapter 3 / Part 2 / Section 61-3-220
61-3-220 Certificate of title -- voluntary transfer -- duties
Status: in_force

61-3-220 . Certificate of title -- voluntary transfer -- duties. (1) Upon the voluntary transfer of any interest in a motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile for which a certificate of title was issued under the provisions of this chapter, the owner whose interest is to be transferred shall:

(a) authorize, in writing and on a form prescribed by the department, an authorized agent, or a county treasurer, to enter the transfer of the owner's interest in the motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile to the transferee on the electronic record of title maintained under 61-3-101 ; or

(b) execute a transfer in the appropriate space provided on the certificate of title issued to the owner and deliver the assigned certificate of title to:

(i) the transferee at the time of delivery of the motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile; or

(ii) the department, its authorized agent, or a county treasurer if an application for a certificate of title has been completed by the transferee and accompanies the assigned certificate of title.

(2) Except as provided in 61-4-111 , the person to whom an interest in a motor vehicle has been transferred shall:

(a) execute an application for a certificate of title in the space provided on the assigned certificate of title or as prescribed by the department;

(b) request the return of the original title for vehicles 30 years or older, or whose certificates of title were removed from department records pursuant to 61-3-227 , on a form prescribed by the department; and

(c) within 40 days after the interest in the motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile was transferred to the person, either:

(i) apply for a certificate of title under 61-3-216 and register the motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile under 61-3-303 ; or

(ii) subject to the limitations of 61-3-312 , register the motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile without the surrender of a previously assigned certificate of title and application for certificate of title under 61-3-303 .

(3) If the person to whom an interest in a motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile has been transferred fails to comply with the requirements described in subsection (2) within the 40-day grace period, a late penalty of $10 must be imposed against the transferee. The penalty must be paid before the transferee registers the motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile in this state, with or without the surrender of an assigned certificate of title. The penalty is in addition to the fees otherwise provided by law.

(4) If the transferee does not comply with the requirements of subsection (2) within the 40-day grace period, a secured party or lienholder of record may pay the fees for the transfer of title and for filing a voluntary security interest or lien. The secured party or lienholder is not liable for the late penalty imposed in subsection (3) or for registration fees, taxes, or fees in lieu of tax on the motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile.

(5) The department may adopt rules for the transfer of vehicles in this section.
Mont. Code Ann. § 61-5-119 — MT Code / Title 61 / Chapter 5 / Part 1 / Section 61-5-119
61-5-119 Cancellation defined
Status: in_force

61-5-119 . Cancellation defined. As used in this chapter, unless the context requires otherwise, "cancellation" means that a driver's license is annulled and terminated because of some error or defect or because the licensee is no longer entitled to the license. Except as provided in 61-5-201 , the cancellation of a license is without prejudice and application for a new license may be made at any time after cancellation.
Mont. Code Ann. § 61-9-512 — MT Code / Title 61 / Chapter 9 / Part 5 / Section 61-9-512
61-9-512 Violation of rules -- penalty
Status: in_force

61-9-512 . Violation of rules -- penalty. (1) Any violation of any rules adopted by the department is a misdemeanor.

(2) A person convicted of a violation of any standard adopted pursuant to 61-10-154 shall be fined not less than $25 or more than $500 for the first offense and not less than $25 or more than $1,000 for each subsequent offense.

(3) The penalties provided in subsection (2) apply to any motor carrier that is a corporation subject to the standards adopted pursuant to 61-10-154 . The penalties may be imposed against:

(a) a director or officer of the corporation;

(b) any receiver, trustee, lessee, agent, or person acting for or employed by the corporation; or

(c) any broker of property or officer, agent, or employee of the broker.
Mont. Code Ann. § 61-4-124 — MT Code / Title 61 / Chapter 4 / Part 1 / Section 61-4-124
61-4-124 Annual report -- filing fees -- grace period for dealer and demonstrator plates -- restrictions imposed upon failure to file
Status: in_force

61-4-124 . Annual report -- filing fees -- grace period for dealer and demonstrator plates -- restrictions imposed upon failure to file. (1) On or before the 15th day of the month prior to the dealer license expiration month, a dealer shall submit an annual report, in a form or manner prescribed by the department, to the department to advise the department of any changes that may have occurred in that calendar year affecting the information originally filed under 61-4-101 and to provide any other relevant information requested by the department.

(2) (a) The department may require a dealer to submit one or more current photographs of the dealer's established place of business or the signage for the business with the dealer's annual report.

(b) If a dealer 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, the dealer shall also provide a new license application form as originally required under 61-4-101 and the department shall examine the license application as required under 61-4-101 .

(c) If a dealer seeks to change the geographic location of the dealer's established place of business, the dealer shall also provide information concerning local land use planning, zoning, and business permitting compliance, if applicable, and a diagram or plat for the proposed location, consistent with the requirements of 61-4-101 .

(3) Except as provided in subsection (4)(c), the annual report must be accompanied by a $30 filing fee.

(4) (a) Except as provided in subsections (4)(b) and (4)(c), a used dealer shall also certify, under penalty of law, to the retail sale of 12 or more used motor vehicles, power sports vehicles, or trailers during the calendar year for which the annual report is filed. A used dealer licensed for less than a full calendar year in the year for which the report is filed shall certify, under penalty of law, to the retail sale of an average of at least one used motor vehicle, power sports vehicle, or trailer for each calendar month or portion of a calendar month that the license was in effect.

(b) (i) A used dealer who cannot certify, under penalty of law, to the number of retail sales required under subsection (4)(a) in a calendar year for which the report is filed must pay a fee of $25 in addition to the filing fee required in subsection (3).

(ii) A used dealer who is also a qualified tow truck operator, as defined in 61-8-903 , and who, in the dealer's annual report, cannot certify, under penalty of law, to the retail sale of five or more used motor vehicles, power sports vehicles, or trailers during the calendar year for which the report is filed shall pay a fee of $25 in addition to the filing fee required in subsection (3).

(iii) A dealer licensed as a motor vehicle wrecking facility under Title 75, chapter 10, part 5, is exempt from the minimum retail sales reporting requirements of this subsection (4).

(5) A dealer whose annual report is received by the department on or before the 15th day of the month prior to the dealer license expiration month may display or use dealer or demonstrator plates or identification cards assigned and registered until the dealer license expiration date.

(6) On or after the first day following the dealer license expiration date, the department:

(a) may not renew dealer or demonstrator plates or identification cards for a dealer who has not filed the annual report and paid the fees due under this section;

(b) may not issue or transfer a title under the provisions of 61-4-111 (1) to or from a dealer who has not filed the annual report and paid the fees due under this section;

(c) may not allow issuance of a temporary registration permit under the provisions of 61-3-224 for a dealer who has not filed the annual report and paid the fees due under this section; and

(d) shall initiate an administrative action under the provisions of 61-4-105 (2) to revoke the dealer's license unless the dealer voluntarily surrenders the license, along with any previously assigned dealer and demonstrator plates or identification cards, to the department for cancellation.
Mont. Code Ann. § 61-6-122 — MT Code / Title 61 / Chapter 6 / Part 1 / Section 61-6-122
61-6-122 Suspension for nonpayment of judgments -- exceptions
Status: in_force

61-6-122 . Suspension for nonpayment of judgments -- exceptions. (1) The department, upon the receipt of a certified copy of a judgment, shall suspend the license and any nonresident's operating privilege of any person against whom a judgment was rendered, except as provided in this section and in 61-6-125 .

(2) If the judgment creditor consents in writing, in a form that the department prescribes, that the judgment debtor be allowed a license or a nonresident's operating privilege, the department may, in its discretion, allow the debtor a license or nonresident's operating privilege from the date of consent. The debtor's license or nonresident's operating privilege continues until the judgment creditor's consent is revoked in writing notwithstanding default in the payment of the judgment, or of any installments prescribed in 61-6-125 , provided the judgment debtor furnishes proof of compliance with 61-6-301 .
Mont. Code Ann. § 61-2-109 — MT Code / Title 61 / Chapter 2 / Part 1 / Section 61-2-109
61-2-109 Emergency medical services grants
Status: in_force

61-2-109 . Emergency medical services grants. The department of transportation shall report to the governor and the legislative fiscal analyst no later than November 1 of the year preceding a regular session of the legislature regarding emergency medical services grants that are awarded during each biennium. The report must be provided in an electronic format and include a listing of all grant requests and a listing of grants awarded, including a summary of the use of grant funds. The department shall provide a copy of the report to the legislature in accordance with 5-11-210 .
Mont. Code Ann. § 61-10-231 — MT Code / Title 61 / Chapter 10 / Part 2 / Section 61-10-231
61-10-231 Enforcement
Status: in_force

61-10-231 . Enforcement. The highway patrol and any designated employee of the department of transportation shall enforce this part, and those persons shall examine and inspect the motor vehicles operating upon the highways in this state and regulated by this part to ascertain whether or not those laws are being complied with.
Mont. Code Ann. § 61-6-143 — MT Code / Title 61 / Chapter 6 / Part 1 / Section 61-6-143
61-6-143 Self-insurers
Status: in_force

61-6-143 . Self-insurers. (1) Any person in whose name more than 25 motor vehicles are registered may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the department as provided in subsection (2) of this section.

(2) The department may, in its discretion, upon the application of such a person, issue a certificate of self-insurance when it is satisfied that such person is possessed and will continue to be possessed of ability to pay judgments obtained against such person.

(3) Upon not less than 5 days' notice and a hearing pursuant to such notice, the department may upon reasonable grounds cancel a certificate of self-insurance. Failure to pay any judgment within 30 days after such judgment shall have become final shall constitute a reasonable ground for the cancellation of a certificate of self-insurance.
Mont. Code Ann. § 61-4-512 — MT Code / Title 61 / Chapter 4 / Part 5 / Section 61-4-512
61-4-512 Annual audit -- revocation or suspension of certification
Status: in_force

61-4-512 . Annual audit -- revocation or suspension of certification. (1) A manufacturer establishing an informal dispute resolution procedure shall file with the department a copy of the annual audit required under Title 16, Code of Federal Regulations, part 703, along with any additional information that the department may require, including the number of refunds and replacements made by the manufacturer during the period audited.

(2) The department may, after notice and hearing as provided in Title 2, chapter 4, suspend or revoke the certification of a manufacturer's informal dispute resolution procedure upon a finding that the procedure is being used to create hardship to consumers. The department may consider the revocation or suspension in licensing manufacturers under Title 61, chapter 4, part 2.
Mont. Code Ann. § 61-3-476 — MT Code / Title 61 / Chapter 3 / Part 4 / Section 61-3-476
61-3-476 Qualification and approval of governmental body as sponsor
Status: in_force

61-3-476 . Qualification and approval of governmental body as sponsor. (1) To qualify for sponsorship of a generic specialty license plate, a governmental body shall:

(a) apply for sponsorship through the executive body of a tribal government, the state agency director or department head, the commission or council of a local government or political subdivision, or the board of trustees of a school district on a form or in a format approved by the department;

(b) if the governmental body is a state agency, identify the statutory authority under which it is relying to seek sponsorship of a generic specialty license plate and specify the account in which any generic specialty license plate donations must be placed;

(c) designate one of its officers or employees as the governmental body's generic specialty license plate liaison. The liaison is responsible for all communications with the department regarding the governmental body's sponsorship of generic specialty license plates and shall file the liaison's name, address, and telephone number with the department.

(2) The legislature may designate a governmental body to be a successor to a governmental body that is terminated. The successor governmental body shall succeed to all rights and responsibilities of the original sponsor.
Mont. Code Ann. § 61-2-503 — MT Code / Title 61 / Chapter 2 / Part 5 / Section 61-2-503
61-2-503 Emergency medical services grant program -- eligibility -- matching funds
Status: in_force

61-2-503 . Emergency medical services grant program -- eligibility -- matching funds. (1) The department shall provide competitive grants to emergency medical service providers for acquiring or leasing ambulances or emergency response vehicles or for purchasing equipment, other than routine medical supplies, for any of the following purposes:

(a) training;

(b) communications; or

(c) providing medical care to a patient.

(2) A licensed emergency medical service may apply for a grant if:

(a) it has been in operation at least 12 months;

(b) it bills for services at a level that is at least equivalent to the medicare billing level; and

(c) a majority of its active emergency care providers are volunteer emergency care providers.

(3) An emergency medical service is ineligible for grant funding if it is either a private business or a public agency, as defined in 7-1-4121 , and employs the majority of its emergency care providers on a regular basis with a regular, hourly wage.

(4) An eligible emergency medical service applying for a grant under this section shall provide a 10% match for any grant funds received.

(5) The department shall award grants on an annual basis using the criteria contained in 61-2-504 .

(6) Up to 5% of the annual appropriation for the program may be distributed for emergency purposes each year as provided in 61-2-507 .
Mont. Code Ann. § 61-6-112 — MT Code / Title 61 / Chapter 6 / Part 1 / Section 61-6-112
61-6-112 Surrender of license
Status: in_force

61-6-112 . Surrender of license. A person whose license has been suspended, whose policy of insurance or bond, when required under this part, has been canceled or terminated, or who neglects to furnish other proof upon request of the department shall immediately return the person's license to the department. If a licensee fails to return to the department the license as required by this section, then a peace officer may seize the license during an investigative stop or arrest and return the license to the department.
Mont. Code Ann. § 61-3-223 — MT Code / Title 61 / Chapter 3 / Part 2 / Section 61-3-223
61-3-223 Salvage vehicles
Status: in_force

61-3-223 . Salvage vehicles. (1) A salvage vehicle for which a certificate of title is sought must be inspected for the vehicle identification number to authenticate the identity of the motor vehicle before an electronic record of title can be created or a certificate of title can be issued. The inspection does not attest to the roadworthiness or safety condition of the motor vehicle and must be performed by an authorized employee or an authorized agent of the department or by a peace officer designated by the department.

(2) The department may contract with a person or entity for use of a facility as a regional inspection site for salvage vehicles.

(3) The department shall collect an inspection fee of $18.50 from the person requesting the inspection for each salvage vehicle inspected. The fee collected under this section must be deposited in the state general fund.

(4) (a) A person authorized to inspect salvage vehicles may seize and hold a vehicle:

(i) if the person has probable cause to believe that the motor vehicle has been stolen;

(ii) on which a motor number or vehicle identification number has been defaced, altered, removed, covered, destroyed, or obliterated; or

(iii) that has a vehicle identification number that does not conform with the vehicle identification number on the certificate of title.

(b) A seized motor vehicle must be held until the identity of the motor vehicle is established and arrangements are made for its lawful disposition. A person authorized to inspect salvage vehicles may use any means necessary to identify a motor vehicle by its vehicle identification number or numbers.

(5) The department may not create an electronic record of title or issue a certificate of title for a salvage vehicle until the identity of the motor vehicle is established.

(6) The department may adopt rules for the inspection of salvage vehicles.
Mont. Code Ann. § 61-9-511 — MT Code / Title 61 / Chapter 9 / Part 5 / Section 61-9-511
61-9-511 Violation of chapter -- penalty
Status: in_force

61-9-511 . Violation of chapter -- penalty. (1) It is a misdemeanor for any person to violate any of the provisions of this chapter unless the violation is declared to be a felony.

(2) A person convicted of a misdemeanor for a violation of any of the provisions of this chapter for which another penalty is not provided shall for a first conviction be punished by a fine of not less than $10 or more than $100. For a second conviction within 1 year, the person shall be punished by a fine of not less than $25 or more than $200. Upon a third or subsequent conviction within 1 year after the first conviction, the person shall be punished by a fine of not less than $50 or more than $500.

(3) Except as provided in subsection (4), failure to pay a fine imposed under this chapter is a civil contempt of the court. On failure of payment of a fine, the court may:

(a) order enforcement of the fine by execution in the manner provided in 25-13-204 and under the provisions of Title 25, chapter 13; or

(b) if the court finds that the person is unable to pay, order the person to perform community service.

(4) If property is not found in an amount necessary to satisfy the unpaid portion of the fine and if the court makes a written finding that community service is inappropriate, the person shall be imprisoned in the county jail in the county in which the offense has been committed. The imprisonment shall be the number of days that the fine is divisible by the dollar amount of the incarceration credit contained in 46-18-403 .

(5) Upon conviction, the court costs or any part of the court costs may be assessed against the defendant in the discretion of the court.
Mont. Code Ann. § 61-9-409 — MT Code / Title 61 / Chapter 9 / Part 4 / Section 61-9-409
61-9-409 Seatbelts required in vehicles manufactured after 1964
Status: in_force

61-9-409 . Seatbelts required in vehicles manufactured after 1964. (1) An automobile that was manufactured or assembled after January 1, 1965, and on or before January 1, 1968, must be equipped with safety belts installed for use in the left front and right front seats.

(2) A motor vehicle manufactured after January 1, 1968, must be equipped at each designated seating position with a safety belt system required for that seating position by the standards of the United States department of transportation at the time that the vehicle was manufactured.

(3) The safety belts required by this section must remain installed and in good working condition.

(4) A person convicted of violating this section is subject to the penalties provided in 61-9-516 .