Mont. Code Ann. § 61-5-405 — MT Code / Title 61 / Chapter 5 / Part 4 / Section 61-5-405
61-5-405 Offenses furnishing ground for suspension or revocation of license -- return to licensing jurisdiction of abstracts of court records and reports of conviction
Status: in_force

61-5-405 . Offenses furnishing ground for suspension or revocation of license -- return to licensing jurisdiction of abstracts of court records and reports of conviction. (1) Items enumerated in Article IV(1), subsections (a), (b), (c), and (d), of 61-5-401 refer specifically to 45-5-103 , 45-5-104 , 61-8-1002 , the definition of felony as provided in 45-2-101 , and 61-7-105 , respectively.

(2) In addition to convictions mentioned in subsection (1), the department, for the purpose of suspension, revocation, or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported as it would if the conduct had occurred in this state for:

(a) convictions of perjury or the making of a false affidavit relating to the ownership or operation of a motor vehicle ( 61-5-303 );

(b) three convictions of reckless driving committed within a period of 12 months ( 61-8-301 ); or

(c) convictions of careless driving resulting in death or reckless driving resulting in death.

(3) Court abstracts or reports of conviction received by the department that name an individual licensed in another jurisdiction must be forwarded to the jurisdiction of licensure. The department may not take action against the driver's license or driving privilege of the individual as may be required elsewhere in this title.
Mont. Code Ann. § 61-2-201 — MT Code / Title 61 / Chapter 2 / Part 2 / Section 61-2-201
61-2-201 Vehicle Equipment Safety Compact
Status: in_force

61-2-201 . Vehicle Equipment Safety Compact. This part shall be known and may be cited as the "Vehicle Equipment Safety Compact".

Article I. Findings and Purposes

(1) The party states find that:

(a) accidents and deaths on their streets and highways present a very serious human and economic problem with a major deleterious effect on the public welfare;

(b) there is a vital need for the development of greater interjurisdictional cooperation to achieve the necessary uniformity in the laws, rules, regulations, and codes relating to vehicle equipment, and to accomplish this by such means as will minimize the time between the development of demonstrably and scientifically sound safety features and their incorporation into vehicles.

(2) The purposes of this compact are to:

(a) promote uniformity in regulation of and standards for equipment;

(b) secure uniformity of law and administrative practice in vehicular regulation and related safety standards to permit incorporation of desirable equipment changes in vehicles in the interest of greater traffic safety;

(c) provide means for the encouragement and utilization of research which will facilitate the achievement of the foregoing purposes, with due regard for the findings set forth in subsection (1) of this article.

(3) It is the intent of this compact to emphasize performance requirements and not to determine the specific detail of engineering in the manufacture of vehicles or equipment except to the extent necessary for the meeting of such performance requirements.

Article II. Definitions

As used in this compact:

(1) "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

(2) "State" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

(3) "Equipment" means any part of a vehicle or any accessory for use thereon which affects the safety of operation of such vehicle or the safety of the occupants.

Article III. The Commission

(1) There is hereby created an agency of the party states to be known as the "Vehicle Equipment Safety Commission", hereinafter called the commission. The commission shall be composed of one commissioner from each party state who shall be appointed, serve, and be subject to removal in accordance with the laws of the state which the commissioner represents. If authorized by the laws of the commissioner's party state, a commissioner may provide for the discharge of the commissioner's duties and the performance of the commissioner's functions on the commission, either for the duration of the commissioner's membership or for any lesser period of time, by an alternate. No such alternate shall be entitled to serve unless notification of the alternate's identity and appointment shall have been given to the commission in such form as the commission may require. Each commissioner, and each alternate when serving in the place and stead of a commissioner, shall be entitled to be reimbursed by the commission for expenses actually incurred in attending commission meetings or while engaged in the business of the commission.

(2) The commissioners shall be entitled to one vote each on the commission. No action of the commission shall be binding unless taken at a meeting at which a majority of the total number of votes on the commission are cast in favor thereof. Action of the commission shall be only at a meeting at which a majority of the commissioners, or their alternates, are present.

(3) The commission shall have a seal.

(4) The commission shall elect annually, from among its members, a presiding officer, a vice presiding officer, and a treasurer. The commission may appoint an executive director and fix the director's duties and compensation. Such executive director shall serve at the pleasure of the commission, and together with the treasurer shall be bonded in such amount as the commission shall determine. The executive director also shall serve as secretary. If there be no executive director, the commission shall elect a secretary in addition to the other officers provided by this subdivision.

(5) Irrespective of the civil service, personnel, or other merit system laws of any of the party states, the executive director with the approval of the commission, or the commission if there be no executive director, shall appoint, remove, or discharge such personnel as may be necessary for the performance of the commission's functions, and shall fix the duties and compensation of such personnel.

(6) The commission may establish and maintain independently or in conjunction with any one or more of the party states a suitable retirement system for its full time employees. Employees of the commission shall be eligible for social security coverage in respect of old age and survivor's insurance provided that the commission takes such steps as may be necessary pursuant to the laws of the United States to participate in such program of insurance as a governmental agency or unit. The commission may establish and maintain or participate in such additional programs of employee benefits as may be appropriate.

(7) The commission may borrow, accept, or contract for the services of personnel from any party state, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of two or more of the party states or their subdivisions.

(8) The commission may accept for any of its purposes and functions under this compact any and all donations and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any other governmental agency and may receive, utilize, and dispose of the same.

(9) The commission may establish and maintain such facilities as may be necessary for the transacting of its business. The commission may acquire, hold, and convey real and personal property and any interest therein.

(10) The commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto with the appropriate agency or officer in each of the party states. The bylaws shall provide for appropriate notice to the commissioners of all commission meetings and hearings and the business to be transacted at such meetings or hearings. Such notice shall also be given to such agencies or officers of each party state as the laws of such party state may provide.

(11) The commission annually shall make to the governor and legislature of each party state a report covering the activities of the commission for the preceding year, and embodying such recommendations as may have been issued by the commission. The commission may make such additional reports as it may deem desirable.

Article IV. Research and Testing

The commission shall have power to:

(1) collect, correlate, analyze, and evaluate information resulting or derivable from research and testing activities in equipment and related fields;

(2) recommend and encourage the undertaking of research and testing in any aspect of equipment or related matters when, in its judgment, appropriate or sufficient research or testing has not been undertaken;

(3) contract for such equipment research and testing as one or more governmental agencies may agree to have contracted for by the commission, provided that such governmental agency or agencies shall make available the funds necessary for such research and testing;

(4) recommend to the party states changes in law or policy with emphasis on uniformity of laws and administrative rules, regulations, or codes which would promote effective governmental action or coordination in the prevention of equipment-related highway accidents or the mitigation of equipment-related highway safety problems.

Article V. Vehicular Equipment

(1) In the interest of vehicular and public safety, the commission may study the need for or desirability of the establishment of or changes in performance requirements or restrictions for any item of equipment. As a result of such study, the commission may publish a report relating to any item or items of equipment, and the issuance of such a report shall be a condition precedent to any proceedings or other action provided or authorized by this article. No less than 60 days after the publication of a report containing the results of such study, the commission upon due notice shall hold a hearing or hearings at such place or places as it may determine.

(2) Following the hearing or hearings provided for in subsection (1) of this article, and with due regard for standards recommended by appropriate professional and technical associations and agencies, the commission may issue rules, regulations, or codes embodying performance requirements or restrictions for any item or items of equipment covered in the report, which in the opinion of the commission will be fair and equitable and effectuate the purposes of this compact.

(3) Each party state obligates itself to give due consideration to any and all rules, regulations, and codes issued by the commission and hereby declares its policy and intent to be the promotion of uniformity in the laws of the several party states relating to equipment.

(4) The commission shall send prompt notice of its action in issuing any rule, regulation, or code pursuant to this article to the appropriate motor vehicle agency of each party state and such notice shall contain the complete text of the rule, regulation, or code.

(5) If the constitution of a party state requires, or if its statutes provide, the approval of the legislature by appropriate resolution or act may be made a condition precedent to the taking effect in such party state of any rule, regulation, or code. In such event, the commissioner of such party state shall submit any commission rule, regulation, or code to the legislature as promptly as may be in lieu of administrative acceptance or rejection thereof by the party state.

(6) Except as otherwise specifically provided in or pursuant to subsections (5) and (7) of this article, the appropriate motor vehicle agency of a party state shall in accordance with its constitution or procedural laws adopt the rule, regulation, or code within 6 months of the sending of the notice and, upon such adoption, the rule, regulation, or code shall have the force and effect of law therein.

(7) The appropriate motor vehicle agency of a party state may decline to adopt a rule, regulation, or code issued by the commission pursuant to this article if such agency specifically finds, after public hearing on due notice, that a variation from the commission's rule, regulation, or code is necessary to the public safety, and incorporates in such finding the reasons upon which it is based. Any such finding shall be subject to review by such procedure for review of administrative determinations as may be applicable pursuant to the laws of the party state. Upon request, the commission shall be furnished with a copy of the transcript of any hearings held pursuant to this subsection.

Article VI. Finance

(1) The commission shall submit to the executive head or designated officer or officers of each party state a budget of its estimated expenditures for such period as may be required by the laws of that party state for presentation to the legislature thereof.

(2) Each of the commission's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. The total amount of appropriations under any such budget shall be apportioned among the party states as follows: one-third in equal shares and the remainder in proportion to the number of motor vehicles registered in each party state. In determining the number of such registrations, the commission may employ such source or sources of information as in its judgment present the most equitable and accurate comparisons among the party states. Each of the commission's budgets of estimated expenditures and requests for appropriations shall indicate the source or sources used in obtaining information concerning vehicular registrations.

(3) The commission shall not pledge the credit of any party state. The commission may meet any of its obligations in whole or in part with funds available to it under Article III(8) of this compact, provided that the commission takes specific action setting aside such funds prior to incurring any obligation to be met in whole or in part in such manner. Except where the commission makes use of funds available to it under Article III(8) hereof, the commission shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the same.

(4) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its rules. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified public accountant and the report of the audit shall be included in and become part of the annual reports of the commission.

(5) The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the party states and by any persons authorized by the commission.

(6) Nothing contained herein shall be construed to prevent commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the commission.

Article VII. Conflict of Interest

(1) The commission shall adopt rules and regulations with respect to conflict of interest for the commissioners of the party states, and their alternates, if any, and for the staff of the commission and contractors with the commission to the end that no member or employee or contractor shall have a pecuniary or other incompatible interest in the manufacture, sale, or distribution of motor vehicles or vehicular equipment or in any facility or enterprise employed by the commission or on its behalf for testing, conduct of investigations, or research. In addition to any penalty for violation of such rules and regulations as may be applicable under the laws of the violator's jurisdiction of residence, employment, or business, any violation of a commission rule or regulation adopted pursuant to this article shall require the immediate discharge of any violating employee and the immediate vacating of membership, or relinquishing of status as a member on the commission by any commissioner or alternate. In the case of a contractor, any violation of any such rule or regulation shall make any contract of the violator with the commission subject to cancellation by the commission.

(2) Nothing contained in this article shall be deemed to prevent a contractor for the commission from using any facilities subject to the contractor's control in the performance of the contract even though such facilities are not devoted solely to work of or done on behalf of the commission, or to prevent such a contractor from receiving remuneration or profit from the use of such facilities.

Article VIII. Advisory and Technical Committees

The commission may establish such advisory and technical committees as it may deem necessary, membership on which may include private citizens and public officials, and may cooperate with and use the services of any such committees and the organizations which the members represent in furthering any of its activities.

Article IX. Entry Into Force and Withdrawal

(1) This compact shall enter into force when enacted into law by any six or more states. Thereafter, this compact shall become effective as to any other state upon its enactment thereof.

(2) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until 1 year after the executive head of the withdrawing state has given notice in writing of the withdrawal to the executive heads of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

Article X. Construction and Severability

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating herein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.
Mont. Code Ann. § 61-6-131 — MT Code / Title 61 / Chapter 6 / Part 1 / Section 61-6-131
61-6-131 When proof of financial responsibility required
Status: in_force

61-6-131 . When proof of financial responsibility required. (1) Whenever the department under any of the laws of this state revokes the license or privilege to drive of any person, the license must remain revoked and may not be restored until the person is otherwise eligible and files a certificate of insurance as provided in 61-6-133 or 61-6-134 .

(2) The department may not issue a probationary license to a person whose driver's license or privilege to drive is revoked unless the department receives proof of financial responsibility by a certificate of insurance as provided in 61-6-133 or 61-6-134 and the person is otherwise eligible for a probationary license.
Mont. Code Ann. § 61-5-306 — MT Code / Title 61 / Chapter 5 / Part 3 / Section 61-5-306
61-5-306 Renting motor vehicle to another
Status: in_force

61-5-306 . Renting motor vehicle to another. (1) A person may not rent a motor vehicle to any other person unless the latter person is licensed under this chapter or, in the case of a nonresident, licensed under the laws of the state or country of the person's residence except a nonresident whose home state or country does not require that an operator be licensed.

(2) A person may not rent a motor vehicle to another until the person has inspected the driver's license of the proposed renter and compared and verified the signature on the license with the signature of the proposed renter written in the person's presence.

(3) A person may not rent a commercial motor vehicle to another until the person has inspected the driver's license of the proposed renter and determined that the proposed renter has a commercial driver's license.

(4) Every person renting a motor vehicle to another shall keep a record of the registration number of the motor vehicle rented, the name and address of the person to whom the vehicle is rented, and the number and expiration date of the license of the renter. The record is open to inspection by any police officer or officer or employee of the department.
Mont. Code Ann. § 61-8-516 — MT Code / Title 61 / Chapter 8 / Part 5 / Section 61-8-516
61-8-516 Operator of vehicle to yield to blind pedestrian
Status: in_force

61-8-516 . Operator of vehicle to yield to blind pedestrian. On a way of the state open to the public, the operator of a vehicle shall yield the right-of-way to a blind pedestrian who is carrying a visible white cane or who is accompanied by a guide dog.
Mont. Code Ann. § 61-12-408 — MT Code / Title 61 / Chapter 12 / Part 4 / Section 61-12-408
61-12-408 Penalty
Status: in_force

61-12-408 . Penalty. Any person or persons violating the provisions of this part shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $25 or more than $300 or by imprisonment in the county jail for not less than 5 days or more than 90 days or by both fine and imprisonment.
Mont. Code Ann. § 61-4-405 — MT Code / Title 61 / Chapter 4 / Part 4 / Section 61-4-405
61-4-405 Penalty
Status: in_force

61-4-405 . Penalty. Any person who shall violate any of the provisions of this part and any employee, agent, or officer of any such person who shall participate in any manner in making, enforcing, or performing or in aiding or abetting in the performance of any such contract, condition, agreement, or understanding shall be deemed guilty of a crime and upon conviction thereof shall be punished for each offense by a fine of not more than $5,000 or by imprisonment in the penitentiary for not more than 5 years or in the county jail for not more than 1 year or by both such fine and imprisonment.
Mont. Code Ann. § 61-9-107 — MT Code / Title 61 / Chapter 9 / Part 1 / Section 61-9-107
61-9-107 Traffic laws applicable to persons driving animal-drawn vehicles
Status: in_force

61-9-107 . Traffic laws applicable to persons driving animal-drawn vehicles. Every person driving an animal-drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter, except those provisions of this chapter which by their very nature can have no application.
Mont. Code Ann. § 61-8-354 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-354
61-8-354 Stopping, standing, or parking prohibited in specified places -- exceptions -- definition
Status: in_force

61-8-354 . Stopping, standing, or parking prohibited in specified places -- exceptions -- definition. (1) A person may not stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer, highway patrol officer, or official traffic control device, in any of the following places:

(a) on a sidewalk;

(b) in front of a public or private driveway;

(c) within an intersection;

(d) within 15 feet of a fire hydrant;

(e) on a crosswalk;

(f) within 20 feet of a crosswalk at an intersection;

(g) within 30 feet upon the approach to any flashing beacon, stop sign, or official traffic control device located at the side of a roadway;

(h) between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless the local authorities indicate a different length by signs or markings;

(i) within 50 feet of the nearest rail of a railroad crossing;

(j) within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of the entrance when properly signposted;

(k) alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic;

(l) on the roadway side of any vehicle stopped or parked at the edge or curb of a street;

(m) upon any bridge or other elevated structure upon a highway or within a highway tunnel;

(n) at any place where official traffic control devices prohibit stopping.

(2) A public bus stop may not be established in the areas described in subsections (1)(a) through (1)(c) and (1)(e). Otherwise, this section does not prohibit the establishment of public bus stops and the regulation of their use by the authority having jurisdiction. A bus stop may only be established pursuant to a traffic and engineering study.

(3) A person may not move a vehicle not lawfully under the person's control into a prohibited area or an unlawful distance away from a curb.

(4) As used in this section, "safety zone" means the area or space that is officially set apart within a roadway for the exclusive use of pedestrians and that is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.
Mont. Code Ann. § 61-9-209 — MT Code / Title 61 / Chapter 9 / Part 2 / Section 61-9-209
61-9-209 Color of clearance lamps, side marker lamps, reflectors, and backup lamps
Status: in_force

61-9-209 . Color of clearance lamps, side marker lamps, reflectors, and backup lamps. (1) Front clearance lamps and those marker lamps and reflectors mounted on the front or on the side near the front of a vehicle must display or reflect an amber color.

(2) Rear clearance lamps and those marker lamps and reflectors mounted on the rear or on the sides near the rear of a vehicle must display or reflect a red color.

(3) All lighting devices, reflectors, and stoplights mounted on the rear of a vehicle must display or reflect a red color, except:

(a) the signal devices, as defined in 61-9-218 ;

(b) the light illuminating the license plate that must be a white lamp; and

(c) the light emitted by a backup lamp that must be white.
Mont. Code Ann. § 61-4-402 — MT Code / Title 61 / Chapter 4 / Part 4 / Section 61-4-402
61-4-402 Definitions
Status: in_force

61-4-402 . Definitions. As used in this part, the following definitions apply:

(1) "Finance company" or "finance agency" means a person, firm, association, corporation, or other organization engaged in the business of buying, selling, assigning, dealing, financing, or acquiring conditional contracts of sale or engaged in the business of purchasing or acquiring promissory notes or any other form or evidences of indebtedness of sale, either secured by vendor's lien, conditional bill of sale, chattel mortgage, or leases arising out of the sale of motor vehicles in this state.

(2) "Manufacturer" means a person, firm, corporation, partnership, or association engaged either directly or indirectly in the manufacture or wholesale distribution of motor vehicles.

(3) "Motor vehicle" includes a personal watercraft, a snowmobile as defined in 23-2-601 , and an off-highway vehicle as defined in 23-2-801 .

(4) "Sell", "sold", "buy", and "purchase" include exchange, barter, gift, and offer or contract to sell or buy.

(5) "Wholesale distributor" means a person, firm, association, corporation, or other organization engaged directly or indirectly in the sale or distribution of motor vehicles to agents or to dealers.
Mont. Code Ann. § 61-8-725 — MT Code / Title 61 / Chapter 8 / Part 7 / Section 61-8-725
61-8-725 Penalty for violation of speed limits -- no record for certain violations
Status: in_force

61-8-725 . Penalty for violation of speed limits -- no record for certain violations. (1) A person shall be fined for violating the maximum speed limit in accordance with the following schedules:

(a) for a violation of 61-8-303 (1)(a):

Amount of Fine MPH in Excess of Speed Limit $40 1 - 10 (daytime) 40 1 - 10 (nighttime) 70 11 - 20 120 21 - 30 200 31+

(b) for a violation of 61-8-303 (1)(b) or (1)(c), 61-8-309 , or 61-8-312 :

Amount of Fine MPH in Excess of Speed Limit $20 1 - 10 (daytime) 20 1 - 10 (nighttime) 70 11 - 20 120 21 - 30 200 31+

(2) (a) A violation of a speed limit imposed pursuant to 61-8-303 is not a criminal offense within the meaning of 3-1-317 , 45-2-101 , 46-18-236 , 61-8-104 , and 61-8-711 and, except as provided in subsection (2)(b) or (4), may not be recorded or charged against a driver's record, and an insurance company may not hold a violation of a speed limit against the insured or increase premiums because of the violation if the speed limit is exceeded by no more than:

(i) 10 miles an hour during the daytime; or

(ii) 5 miles an hour during the nighttime.

(b) If a driver is guilty of exceeding 90 miles an hour in violation of 61-8-303 (1)(a), the violation may be recorded or charged against a driver's record and an insurance company may hold the violation against an insured driver's premium.

(3) The surcharge provided for in 3-1-317 may not be imposed for a violation of 61-8-303 .

(4) The recordkeeping restrictions provided in subsection (2) with respect to a person's driving record do not apply to a speed limit violation or conviction that was committed by:

(a) a Montana resident in another state whose violation or conviction was reported to the department by a court or the licensing authority in the state in which the violation occurred; or

(b) a person who holds a commercial driver's license regardless of whether or not the violation occurred while the person was operating a commercial motor vehicle.

(5) This section does not apply to the violation of a special speed zone established under 61-8-309 or 61-8-310 .
Mont. Code Ann. § 61-3-462 — MT Code / Title 61 / Chapter 3 / Part 4 / Section 61-3-462
61-3-462 Definitions
Status: in_force

61-3-462 . Definitions. As used in 61-3-461 through 61-3-468 , the following definitions apply:

(1) "Collegiate license plates" means license plates bearing the colors, numerals, letters, and insignia provided in 61-3-463 and issued as provided in 61-3-464 through 61-3-466 .

(2) "Institution" means:

(a) a unit of the Montana university system as designated in 20-25-201 ;

(b) a community college district as defined in 20-15-101 ; or

(c) a college or university located in Montana and accredited by a national or regional accrediting association for institutions of higher learning to grant baccalaureate degrees.
Mont. Code Ann. § 61-9-212 — MT Code / Title 61 / Chapter 9 / Part 2 / Section 61-9-212
61-9-212 Obstructed lights not required
Status: in_force

61-9-212 . Obstructed lights not required. Whenever motor and other vehicles are operated in combination during the time that lights are required, any lamp (except taillamps) need not be lighted which, by reason of its location on a vehicle of the combination, would be obscured by another vehicle of the combination, but this shall not affect the requirements that lighted clearance lamps be displayed on the front of the foremost vehicle required to have clearance lamps or that all lights required on the rear of the rearmost vehicle of any combination shall be lighted.
Mont. Code Ann. § 61-12-314 — MT Code / Title 61 / Chapter 12 / Part 3 / Section 61-12-314
61-12-314 Applicability
Status: in_force

61-12-314 . Applicability. This part does not apply to:

(1) a duly authorized attorney at law acting in the usual course of the profession;

(2) an insurance company, bonding company, or surety company licensed and doing business as the licensed company under the laws of the state; or

(3) a company or agent that contracts with a motor club service company licensed under this part to provide emergency road service or towing service to the company's or agent's customers.
Mont. Code Ann. § 61-5-127 — MT Code / Title 61 / Chapter 5 / Part 1 / Section 61-5-127
61-5-127 Providing list of licensed drivers and holders of Montana identification cards for jury selection purposes
Status: in_force

61-5-127 . Providing list of licensed drivers and holders of Montana identification cards for jury selection purposes. (1) On the second Monday of April of each year, the department shall submit to the office of court administrator a list, prepared from the department's databases of licensed drivers and holders of Montana identification cards, showing the name, address, and date of birth of all licensed drivers and holders of Montana identification cards, authorized by 61-12-501 , who are 18 years of age or older. The list must be compiled on a county-by-county basis and be further divided by the city of residence of the persons named on the list to enable the drawing of lists for city courts that are composed of only those residents living within a city's jurisdiction. The list must be provided for the exclusive purpose of making a list of persons to serve as trial jurors for the ensuing year.

(2) The list submitted by the department under subsection (1) must be certified by the attorney general or the attorney general's designee.

(3) The department may not provide the social security or driver's license numbers of persons on the list for any purpose.
Mont. Code Ann. § 61-8-326 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-326
61-8-326 No-passing zones
Status: in_force

61-8-326 . No-passing zones. (1) The department of transportation and local authorities may determine those portions of a highway in their respective jurisdictions where overtaking and passing or driving to the left side of the center of the roadway would be especially hazardous, and they may by official traffic control devices on the highway indicate the beginning and end of these zones. When the official traffic control devices are in place and clearly visible to an ordinarily observant person, an operator of a vehicle shall obey the directions of those devices.

(2) (a) Except as provided in subsection (2)(b), where official traffic control devices are in place to define a no-passing zone as set forth in subsection (1) an operator of a vehicle may not drive on the left side of the center of the roadway within the no-passing zone or on the left side of a pavement striping designed to mark the no-passing zone throughout its length.

(b) Subsection (2)(a) does not apply to the operator of a faster vehicle passing a bicycle when:

(i) the bicycle is traveling at less than half the posted speed limit;

(ii) the faster vehicle is capable of overtaking and passing the bicycle without exceeding the posted speed limit; and

(iii) there is sufficient clear sight distance to the left side of the center of the roadway to meet the overtaking and passing requirements in 61-8-325 .

(3) The provisions of this section do not apply under the conditions provided in 61-8-321 (1) or to the operator of a vehicle that is turning left into or from an alley, private road, or driveway.

(4) A person who is convicted of violating this section is subject to the penalties provided in 61-8-724 .
Mont. Code Ann. § 61-8-308 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-308
61-8-308 Permission of authorities to hold speed contest
Status: in_force

61-8-308 . Permission of authorities to hold speed contest. (1) No race or contest for speed shall be held and no person shall engage in or aid or abet in any motor vehicle speed contest or exhibition of speed on a public highway or street without written permission of the authorities of the state, county, or city having jurisdiction and unless the same is fully and efficiently patrolled for the entire distance over which such race or contest for speed is to be held.

(2) A person who is convicted of violating this section is subject to the penalties provided in 61-8-717 .
Mont. Code Ann. § 61-8-348 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-348
61-8-348 All vehicles to stop at certain railroad grade crossings
Status: in_force

61-8-348 . All vehicles to stop at certain railroad grade crossings. (1) The department of transportation and local authorities in their respective jurisdictions may designate particularly dangerous highway grade crossings of railroads and erect stop signs at these crossings. Where these stop signs are erected, the operator of a vehicle shall stop as close as practicable but not less than 15 feet from the nearest rail of the railroad and may proceed only upon exercising due care.

(2) The operator of a vehicle upon a highway outside of the limits of an incorporated city or town who is approaching a highway grade crossing where a flag person or a mechanical device is not in place or maintained to warn the public of approaching trains or other on-track equipment shall, before crossing the railroad tracks, stop the vehicle as close as practicable but not less than 15 feet from the nearest rail if:

(a) a curve in the tracks or vegetation or some other feature or characteristic obscures the view of approaching trains or other on-track equipment; or

(b) a moving train or other on-track equipment is within sight or hearing.
Mont. Code Ann. § 61-8-103 — MT Code / Title 61 / Chapter 8 / Part 1 / Section 61-8-103
61-8-103 Provisions uniform throughout state -- power of local authorities
Status: in_force

61-8-103 . Provisions uniform throughout state -- power of local authorities. The provisions of this chapter shall be applicable and uniform throughout this state and in all political subdivisions and municipalities therein and no local authority shall enact or enforce any ordinance, rule, or regulation in conflict with the provisions of this chapter unless expressly authorized herein. Local authorities may, however, adopt additional traffic regulations which are not in conflict with the provisions of this chapter.
Mont. Code Ann. § 61-3-217 — MT Code / Title 61 / Chapter 3 / Part 2 / Section 61-3-217
61-3-217 Certificate of title -- duties -- examination of application -- records check -- incomplete application
Status: in_force

61-3-217 . Certificate of title -- duties -- examination of application -- records check -- incomplete application. (1) (a) Upon receipt of an application for a certificate of title and any supporting documents, an authorized agent of the department or a county treasurer shall:

(i) review the application and documents;

(ii) complete the records check required in subsection (2); and

(iii) if an authorized agent of the department or the county treasurer is satisfied as to the genuineness and regularity of the application and satisfied that the applicant is entitled to the issuance of a certificate of title, enter the transfer of interest on the electronic record of title.

(b) If an authorized agent of the department or the county treasurer is not satisfied as to the genuineness and regularity of the application or is not satisfied that the applicant is entitled to the issuance of a certificate of title, the authorized agent or the county treasurer may not enter the transfer of interest on the electronic record of title.

(c) If an authorized agent of the department or the county treasurer enters the transfer of interest on the electronic record of title, an authorized agent or the county treasurer shall:

(i) issue a transaction summary receipt to the applicant and, if requested, to any secured party or lienholder with a perfected security interest; and

(ii) as prescribed by the department, forward to the department the application, the assigned certificate of title, and any other documents provided in support of the application.

(2) The department, its authorized agent, or a county treasurer who first receives an application for a certificate of title shall check the vehicle identification number shown on the application against:

(a) the records of motor vehicles, trailers, semitrailers, pole trailers, campers, motorboats, personal watercraft, sailboats, or snowmobiles maintained by the department under 61-3-101 ;

(b) the reported stolen motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile databases maintained on the state's criminal justice information network and by the national crime information center; and

(c) any other records or databases prescribed by the department.

(3) (a) Upon receipt of an application for a certificate of title and supporting documents that have been processed by an authorized agent of the department or a county treasurer, the department shall review the documents to determine if the application is complete. If the department determines that the application is incomplete, the department shall enter the incomplete status of the application on the electronic record of title for the motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile and may return to the applicant, electronically or by first-class mail, the application and all supporting documents. The department shall provide a statement with a specific description of the additional information or documents that must be supplied by the applicant to complete the application process.

(b) The department may not complete the application process, remove the incomplete status notation on the electronic record of title, or issue a certificate of title until the applicant returns the completed application, including any supporting additional information or documents, to the department.
Mont. Code Ann. § 61-9-412 — MT Code / Title 61 / Chapter 9 / Part 4 / Section 61-9-412
61-9-412 Display of warning devices when vehicle disabled -- definition
Status: in_force

61-9-412 . Display of warning devices when vehicle disabled -- definition. (1) Whenever a motor truck, passenger bus, truck, tractor, trailer, semitrailer, or pole trailer is disabled upon the traveled portion of any highway or the shoulder of a highway outside of any municipality at any time when lighted lamps are required on vehicles, the driver of that vehicle shall display the following warning devices upon the highway during the time the vehicle is disabled on the highway except as provided in subsection (2):

(a) A lighted fusee, a lighted red electric lantern, or a portable red emergency reflector must be immediately placed at the traffic side of the vehicle in the direction of the nearest approaching traffic.

(b) As soon as possible after complying with subsection (1)(a), but within the burning period of the fusee (15 minutes), the driver shall place three liquid burning flares (pot torches), three lighted red electric lanterns, or three portable red emergency reflectors on the traveled portion of the highway in the following order:

(i) one approximately 100 feet from the disabled vehicle in the center of the lane occupied by the vehicle and toward traffic approaching in that lane;

(ii) one approximately 100 feet in the opposite direction from the disabled vehicle and in the center of the traffic lane occupied by the vehicle;

(iii) one at the traffic side of the disabled vehicle not less than 10 feet rearward or forward of the vehicle in the direction of the nearest approaching traffic. If a lighted red electric lantern or a red portable emergency reflector has been placed at the traffic side of the vehicle in accordance with subsection (1)(b)(i), it may be used for this purpose.

(2) Whenever any vehicle referred to in this section is disabled within 500 feet of a curve, hillcrest, or other obstruction to view, the warning signal in that direction must be placed in order to afford ample warning to other users of the highway but in no case less than 500 feet from the disabled vehicle.

(3) Whenever any vehicle of a type referred to in this section is disabled upon any roadway of a divided highway during the time that lights are required, the appropriate warning devices prescribed in subsections (1) and (5) must be placed as follows:

(a) one at a distance of approximately 200 feet from the vehicle, in the center of the lane occupied by the stopped vehicle and in the direction of traffic approaching in that lane;

(b) one at a distance of approximately 100 feet from the vehicle, in the center of the lane occupied by the vehicle and in the direction of traffic approaching in that lane;

(c) one at the traffic side of the vehicle and approximately 10 feet from the vehicle in the direction of the nearest approaching traffic.

(4) Whenever any vehicle of a type referred to in this section is disabled upon the traveled portion of a highway or the shoulder of a highway outside of any municipality at any time when the display of fusees, flares, red electric lanterns, or portable red emergency reflectors is not required, the driver of the vehicle shall display two red flags upon the roadway in the lane of traffic occupied by the disabled vehicle, or at a distance of approximately 100 feet in advance of the vehicle, and one at a distance of approximately 100 feet to the rear of the vehicle.

(5) (a) Whenever a motor vehicle used in the transportation of explosives, a cargo tank truck used for the transportation of any flammable liquid or compressed flammable gas, or a motor vehicle using compressed gas as a fuel is disabled upon any highway of this state at any time or place mentioned in subsection (1), the driver of the vehicle shall immediately display one red electric lantern or portable red emergency reflector placed on the roadway at the traffic side of the vehicle and two red electric lanterns or portable red reflectors, one placed approximately 100 feet to the front and one placed approximately 100 feet to the rear of the disabled vehicle in the center of the traffic lane occupied by the vehicle.

(b) Flares, fusees, or signals produced by flame may not be used as warning devices for disabled vehicles of the type mentioned in this subsection (5).

(6) The flares, fusees, red electric lanterns, portable red emergency reflectors and flags to be displayed as required in this section must conform with the applicable requirements of 61-9-411 .

(7) As used in this section, "flammable liquid" means any liquid that has a flash point of 70 degrees Fahrenheit or less as determined by a Tagliabue or equivalent closed cup test device.
Mont. Code Ann. § 61-4-113 — MT Code / Title 61 / Chapter 4 / Part 1 / Section 61-4-113
61-4-113 New motor vehicles towed into state to be labeled
Status: in_force

61-4-113 . New motor vehicles towed into state to be labeled. (1) Any firm, person, corporation, or association or any of its employees offering for sale or carrying on the business of selling new motor vehicles in the state of Montana is required to prominently label any motor vehicle that has been driven under its own power, pushed, towed, or propelled by any other means to sufficiently identify it from other new motor vehicles that have not been driven, pushed, or towed and is required to furnish the purchaser of the motor vehicle with a certificate, on a printed form to be furnished by the department upon request by the dealers, showing the actual number of miles the motor vehicle has been driven under its own power and the number of miles the motor vehicle has been pushed, towed, or otherwise propelled upon its own wheels. Any firm, person, corporation, or association or any of its employees who fail to prominently label and issue the certificate or who knowingly issue a certificate that is untrue and calculated to mislead the purchaser are guilty of a misdemeanor.

(2) The provisions of this section do not apply to motor vehicles during the period of time that the motor vehicles are used for bona fide demonstrating purposes.
Mont. Code Ann. § 61-3-312 — MT Code / Title 61 / Chapter 3 / Part 3 / Section 61-3-312
61-3-312 Renewal of registration -- exceptions -- grace period
Status: in_force

61-3-312 . Renewal of registration -- exceptions -- grace period. (1) Except as provided in 61-3-313 and 61-3-721 , the registration of a motor vehicle under this chapter must be renewed on or before the last day of the month of the motor vehicle's registration period following the expiration of the motor vehicle's registration.

(2) A person may renew a motor vehicle's registration by submitting full payment for the fees or taxes required under 61-3-303 and 61-3-321 (13) to the department, an authorized agent, or a county treasurer in any county of this state.

(3) The department, an authorized agent, or a county treasurer shall use the online motor vehicle liability insurance verification system provided in 61-6-157 to verify proof of compliance with 61-6-301 .

(4) The registration period originally assigned under 61-3-311 must be retained and the duration of the renewed registration is determined in accordance with 61-3-311 . A registration receipt is valid for the registration period for which it is issued.

(5) The owner of a motor vehicle subject to registration renewal under the provisions of this section is considered to have renewed the motor vehicle's registration in a timely manner if the owner submits full payment for the required fees or taxes, as prescribed in the mail renewal notice from the department, to the department, an authorized agent, or a county treasurer on or before the last day of the month of the motor vehicle's registration period.

(6) The department, an authorized agent, or a county treasurer may not renew the registration of a motor vehicle for which ownership has been transferred and that was originally registered without being titled under the provisions of 61-3-303 (4)(b) unless:

(a) the previously issued certificate of title has been surrendered to the department, an authorized agent, or the county treasurer and the process for issuing a certificate of title has been completed; or

(b) the person to whom ownership of the motor vehicle has been transferred presents an affidavit and bond in support of the application for a certificate of title as permitted in 61-3-208 .
Mont. Code Ann. § 61-8-717 — MT Code / Title 61 / Chapter 8 / Part 7 / Section 61-8-717
61-8-717 Penalty for unauthorized speed contest
Status: in_force

61-8-717 . Penalty for unauthorized speed contest. Any person convicted for violation of 61-8-308 shall be guilty of a misdemeanor and shall be punished by a fine of not less than $50 or more than $500 or by imprisonment in the county or city jail for not more than 6 months or by both such fine and imprisonment.
Mont. Code Ann. § 61-5-303 — MT Code / Title 61 / Chapter 5 / Part 3 / Section 61-5-303
61-5-303 Making false affidavit -- penalty
Status: in_force

61-5-303 . Making false affidavit -- penalty. Any person who makes any false affidavit or knowingly swears or affirms falsely to any matter or thing required by the terms of parts 1 through 3 of this chapter to be sworn to or affirmed is guilty of false swearing and upon conviction shall be punishable as provided by 45-7-202 .
Mont. Code Ann. § 61-9-430 — MT Code / Title 61 / Chapter 9 / Part 4 / Section 61-9-430
61-9-430 Bumpers
Status: in_force

61-9-430 . Bumpers. (1) A motor vehicle of less than 10,000 pounds gross vehicle weight or rating registered in Montana, except a motorcycle, a quadricycle, a motor-driven cycle, or a farm tractor, must be equipped with a front bumper and, unless the vehicle is equipped with work-performing features that make installation impractical or unnecessary, with a rear bumper.

(2) This section does not apply to a street rod, vehicles not originally equipped with front or rear bumpers, or vehicles for which bumpers were not required by federal law or regulation at the time of manufacture.
Mont. Code Ann. § 61-4-119 — MT Code / Title 61 / Chapter 4 / Part 1 / Section 61-4-119
61-4-119 Penalty
Status: in_force

61-4-119 . Penalty. A person violating a provision of 61-4-111 or 61-4-112 is guilty of a misdemeanor and subject to a fine of not less than $250 and not more than $500. Every violation of 61-4-111 and 61-4-112 is considered a separate offense.
Mont. Code Ann. § 61-2-504 — MT Code / Title 61 / Chapter 2 / Part 5 / Section 61-2-504
61-2-504 Grant review criteria
Status: in_force

61-2-504 . Grant review criteria. When evaluating grant applications, the department shall consider the following factors:

(1) demonstrated need;

(2) size of the geographic area covered by the emergency medical service;

(3) distance from other emergency medical service providers in the geographic region;

(4) distance from the closest hospital;

(5) number of calls in the previous calendar year; and

(6) number of volunteer emergency care providers on the active call roster.
Mont. Code Ann. § 61-8-1002 — MT Code / Title 61 / Chapter 8 / Part 10 / Section 61-8-1002
61-8-1002 Driving under influence
Status: in_force

61-8-1002 . Driving under influence. (1) A person commits the offense of driving under the influence if the person drives or is in actual physical control of:

(a) a vehicle or a commercial motor vehicle upon the ways of this state open to the public while under the influence of alcohol, any drug, or a combination of alcohol and any drug;

(b) a noncommercial vehicle upon the ways of this state open to the public while the person's alcohol concentration, as shown by analysis of the person's blood, breath, oral fluid, or other bodily substance, is 0.08 or more;

(c) a commercial motor vehicle within this state while the person's alcohol concentration, as shown by analysis of the person's blood, breath, oral fluid, or other bodily substance, is 0.04 or more;

(d) a noncommercial vehicle or commercial motor vehicle within this state while the person's tetrahydrocannabinol level, excluding inactive metabolites, as shown by analysis of the person's blood or other bodily substance, is 5 ng/ml or more;

(e) (i) a vehicle within this state when the person is under 21 years of age at the time of the offense while the person's alcohol concentration, as shown by analysis of the person's blood, breath, oral fluid, or other bodily substance, is 0.02 or more; or

(ii) a vehicle within this state when the person is under 21 years of age at the time of the offense and the person has any amount of tetrahydrocannabinol, excluding inactive metabolites, in the person's body as shown by analysis of the person's blood or other bodily substance; or

(f) a noncommercial vehicle or commercial motor vehicle on the ways of this state open to the public while, without a valid prescription, the person has an amount of any of the following prohibited substances in their body, as shown by analysis of the person's blood, that is equal to or greater than:

Blood Nanograms Prohibited substance per milliliter (i) Amphetamine 20 (ii) Cocaine 20 (iii) Cocaine metabolite 20 (iv) Heroin 1 (v) Heroin metabolite: (A) Morphine 20 (B) 6-monoacetyl morphine 1 (vi) Lysergic acid diethylamide 0.1 (vii) Methamphetamine 20 (viii) Phencyclidine 5 (ix) Fentanyl 0.5

(2) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person driving or in actual physical control of a vehicle while under the influence of alcohol, the concentration of alcohol in the person at the time of a test, as shown by analysis of a sample of the person's blood, breath, oral fluid, or other bodily substance drawn or taken within a reasonable time after the alleged act, gives rise to the following inferences:

(a) if there was at that time an alcohol concentration of 0.04 or less, it may be inferred that the person was not under the influence of alcohol;

(b) if there was at that time an alcohol concentration in excess of 0.04 but less than 0.08, that fact may not give rise to any inference that the person was or was not under the influence of alcohol, but the fact may be considered with other competent evidence in determining the guilt or innocence of the person; and

(c) if there was at that time an alcohol concentration of 0.08 or more, it may be inferred that the person was under the influence of alcohol. The inference is rebuttable.

(3) The provisions of subsection (2) do not limit the introduction of any other competent evidence bearing on the issue of whether the person was under the influence of alcohol, drugs, or a combination of alcohol and drugs.

(4) Each municipality in this state is given authority to enact this section, with the word "state" changed to read "municipality", as an ordinance and is given jurisdiction of the enforcement of the ordinance and the imposition of the fines and penalties provided in the ordinance.

(5) Absolute liability, as provided in 45-2-104 , is imposed for a violation of this section.

(6) When the same acts may establish the commission of an offense under subsection (1), a person charged with the conduct may be prosecuted for a violation of another relevant subsection under subsection (1). However, the person may be convicted of only one offense under this section or of a similar offense under previous laws of this state.
Mont. Code Ann. § 61-9-103 — MT Code / Title 61 / Chapter 9 / Part 1 / Section 61-9-103
61-9-103 Provisions uniform throughout state -- power of local authorities
Status: in_force

61-9-103 . Provisions uniform throughout state -- power of local authorities. (1) The provisions of this chapter must be applicable and uniform throughout this state and in all political subdivisions and municipalities in this state, and a local authority may not enact or enforce any ordinance, rule, or regulation in conflict with the provisions of this chapter unless expressly authorized in this chapter. Local authorities may adopt additional traffic regulations that are not in conflict with the provisions of this chapter.

(2) As used in this section "local authorities" has the meaning provided in 61-8-102 .
Mont. Code Ann. § 61-6-202 — MT Code / Title 61 / Chapter 6 / Part 2 / Section 61-6-202
61-6-202 Motor carrier transportation contract indemnification -- limitation -- definition
Status: in_force

61-6-202 . Motor carrier transportation contract indemnification -- limitation -- definition. (1) Except as provided in subsection (2), a motor carrier transportation contract provision that requires one party to the contract to indemnify, hold harmless, insure, or defend the other party to the contract or the other party's officers, employees, or agents for liability, damages, losses, or costs that are caused by the negligence, recklessness, or intentional misconduct of the other party or the other party's officers, employees, or agents is void as against the public policy of this state.

(2) A motor carrier transportation contract may contain a provision requiring one party to the contract to indemnify, hold harmless, or insure the other party to the contract or the other party's officers, employees, or agents for liability, damages, losses, or costs, including but not limited to reasonable attorney fees, only to the extent that the liability, damages, losses, or costs are caused by the negligence, recklessness, or intentional misconduct of a third party or of the indemnifying party or the indemnifying party's officers, employees, or agents.

(3) This section does not apply to the Uniform Intermodal Interchange and Facilities Access Agreement administered by the intermodal association of North America or other agreements providing for the interchange, use, or possession of intermodal chassis or containers or other intermodal equipment.

(4) As used in this section, "motor carrier transportation contract" means a contract, agreement, or understanding covering:

(a) the transportation of property for compensation or hire by a motor carrier;

(b) entrance onto a property by a motor carrier for the purpose of loading, unloading, or transporting property for compensation or hire; or

(c) a service incidental to an activity described in subsection (4)(a) or (4)(b), including but not limited to storage of property.
Mont. Code Ann. § 61-5-126 — MT Code / Title 61 / Chapter 5 / Part 1 / Section 61-5-126
61-5-126 Providing information to selective service system
Status: in_force

61-5-126 . Providing information to selective service system. At the request of the director of the selective service system, provided for in 50 App. U.S.C. 460, the department shall provide a list of persons born in specified years who are holders of driver's licenses for the exclusive purpose of ensuring compliance with the military draft registration requirements of the federal Military Selective Service Act (50 App. U.S.C. 451, et seq.). The department shall notify the persons that information regarding them was released to the selective service system. The department may not provide the selective service system with the social security or driver's license numbers of persons on the list for any purpose.
Mont. Code Ann. § 61-8-207 — MT Code / Title 61 / Chapter 8 / Part 2 / Section 61-8-207
61-8-207 Traffic control signal legend
Status: in_force

61-8-207 . Traffic control signal legend. Except for lane use control signals and special pedestrian control signals carrying a legend, whenever traffic is controlled by traffic control signals exhibiting different colored lights or colored lighted arrows successively one at a time or in combination, only the colors green, red, and yellow may be used. The lights indicate and apply to drivers of vehicles and pedestrians as follows:

(1) (a) Vehicular traffic facing a circular green signal may proceed straight through or turn left or right unless a traffic control device at the place prohibits either turn. However, vehicular traffic, including vehicles turning right or left, must yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited.

(b) Vehicular traffic facing a green arrow signal shown alone or in combination with another indication may cautiously enter the intersection only to make either the movement indicated by the arrow or another movement that is permitted by another indication shown at the same time. Vehicular traffic making the movements permitted by this subsection (1)(b) must yield the right-of-way to pedestrians who are lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

(c) Unless otherwise directed by a pedestrian control signal as provided in 61-8-208 , a pedestrian facing a green signal, except when the only green signal is a turn arrow, may proceed in the direction of the green signal across the roadway within any marked or unmarked crosswalk. A driver of a vehicle shall yield the right-of-way to the pedestrian.

(2) (a) Vehicular traffic facing a steady circular yellow or yellow arrow signal is warned that the traffic movement permitted by the related green signal is being terminated or that a red signal will be exhibited immediately thereafter. Vehicular traffic may not enter the intersection when the red signal is exhibited after the yellow signal.

(b) Unless otherwise directed by a pedestrian control signal as provided in 61-8-208 , a pedestrian facing a steady circular yellow or yellow arrow signal is advised that there is insufficient time to cross the roadway before a red indication is shown.

(3) (a) Vehicular traffic facing a steady circular red signal must stop at a marked stop line. If there is not a marked stop line, vehicular traffic must stop before entering the crosswalk on the near side of the intersection. If there is not a marked crosswalk, vehicular traffic must stop before entering the intersection and, except as provided in subsection (3)(c), must remain standing until an indication to proceed is shown.

(b) Vehicular traffic facing a steady red arrow signal may not enter the intersection to make the movement indicated by the arrow and must stop at a marked stop line unless the traffic is entering the intersection to make a movement indicated by another signal. If there is not a marked stop line, vehicular traffic must stop before entering the crosswalk on the near side of the intersection. If there is not a marked crosswalk, vehicular traffic must stop before entering the intersection and must remain standing until an indication is shown that permits movement.

(c) (i) Except when a traffic control device is in place that prohibits a turn, vehicular traffic facing a steady circular red signal may cautiously enter the intersection to turn right or to turn left from a one-way street onto another one-way street after stopping as required under subsection (3)(a). After stopping, the operator of a vehicle shall yield the right-of-way to any vehicle in the intersection or approaching the intersection close enough to constitute an immediate hazard during the time that the operator is moving within the intersection.

(ii) An operator of a vehicle entering an intersection as provided in subsection (3)(c)(i) shall yield the right-of-way to pedestrians within the intersection or within an adjacent crosswalk.

(d) Unless otherwise directed by a pedestrian control signal as provided in 61-8-208 , a pedestrian facing a steady circular red or red arrow signal alone may not enter the roadway.

(4) (a) If an official traffic control signal is erected and maintained at a place other than an intersection, the provisions of this section are applicable except as to those provisions that by their very nature can have no application.

(b) A required stop must be made at a sign or marking on the pavement indicating where the stop must be made, but in the absence of any sign or marking, the stop must be made at the signal.
Mont. Code Ann. § 61-10-111 — MT Code / Title 61 / Chapter 10 / Part 1 / Section 61-10-111
61-10-111 Governor's authority to exempt vehicles from size and weight limits -- definition
Status: in_force

61-10-111 . Governor's authority to exempt vehicles from size and weight limits -- definition. (1) The governor may, through executive order, exempt vehicles from the size and weight limits imposed under this part:

(a) upon a request of the director of the department of transportation and any other agency involved in the need to move oversize or overweight vehicles on the highway during emergency circumstances;

(b) for a specified, limited period of time; and

(c) during emergency circumstances and to meet unusual conditions to ensure the general welfare of the public.

(2) The agency director who requests the executive order may specify the areas in which the exemption is in effect, the duration of the exemption, the types of vehicles to be exempted, and any other appropriate conditions of the order.

(3) As used in this section, "emergency circumstances" means conditions brought about by a weather event or a natural or other occurrence for which the movement of vehicles that may exceed size and weight limits is necessary for responding to the event or occurrence or for moving supplies, agricultural or other products, or equipment in a manner that is necessary because of the event or occurrence.
Mont. Code Ann. § 61-8-366 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-366
61-8-366 Riding on fenders or running boards prohibited
Status: in_force

61-8-366 . Riding on fenders or running boards prohibited. Any person driving a vehicle shall not permit passengers to ride on the fenders or running boards, nor shall any passenger ride on the fenders or running boards of a vehicle.
Mont. Code Ann. § 61-7-108 — MT Code / Title 61 / Chapter 7 / Part 1 / Section 61-7-108
61-7-108 Immediate notice of accidents
Status: in_force

61-7-108 . Immediate notice of accidents. The driver of a vehicle who knows or reasonably should have known that the driver has been involved in an accident resulting in injury to or death of any person, striking the body of a deceased person, or property damage to an apparent extent of $1,000 or more shall immediately by the quickest means of communication give notice of the accident to the local police department if the accident occurs within a municipality, otherwise to the office of the county sheriff or the nearest office of the highway patrol.
Mont. Code Ann. § 61-3-106 — MT Code / Title 61 / Chapter 3 / Part 1 / Section 61-3-106
61-3-106 Report of stolen and recovered motor vehicles -- accessibility -- insurance fraud and theft reporting -- immunity -- definitions
Status: in_force

61-3-106 . Report of stolen and recovered motor vehicles -- accessibility -- insurance fraud and theft reporting -- immunity -- definitions. (1) It is the duty of the sheriff of each county of the state and of the chief of police or commissioner of police of each city to make an immediate entry regarding each theft or recovery of a motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile into the state automated stolen motor vehicle file maintained by the department on the state's criminal justice information system. Failure on the part of any officer to make the immediate entry is considered malfeasance in office and constitutes grounds for removal. Upon entry of the information, the state's criminal justice information system and the national crime information center must be allowed immediate access to the state automated stolen motor vehicle file. The department shall file reports of stolen and recovered motor vehicles, trailers, semitrailers, pole trailers, campers, motorboats, personal watercraft, sailboats, or snowmobiles reported to it from other states.

(2) The state automated stolen motor vehicle file must be made available to the secretary of state or other proper official in each state of the United States through access to the national crime information center.

(3) Upon written request to an insurer by an authorized governmental agency or upon an insurer's own initiative to notify a specific lienholder, an insurer or an agent authorized by an insurer to act on its behalf shall release to the requesting agency or lienholder relevant information in the insurer's possession relating to any specific motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile theft or motor vehicle insurance fraud.

(4) (a) Except as otherwise provided by law, information furnished pursuant to this section is privileged and may not become part of a public record. The evidence or information is not subject to a subpoena duces tecum in a civil or criminal proceeding unless the court determines after reasonable notice to the parties listed in subsection (4)(b) and a hearing that the public interest and any ongoing investigation by the parties listed in subsection (4)(b) will not be jeopardized by compliance with the subpoena duces tecum.

(b) The notice required by subsection (4)(a) must be sent to an insurer, an agent authorized by an insurer to act on its behalf, an authorized governmental agency that has an interest in the information, and a specific lienholder.

(5) An authorized governmental agency provided with information pursuant to this section may release or provide the information to any other authorized governmental agency.

(6) An insurer, an agent authorized by an insurer to act on its behalf, or an employee of an insurer or agent is not subject to civil or criminal liability in any cause of action for releasing or receiving information under this section.

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

(a) "Authorized governmental agency" means:

(i) any constituted criminal investigative department or agency of the United States;

(ii) the state department of justice;

(iii) the state auditor's office;

(iv) a peace officer of the state or a political subdivision of the state; or

(v) a prosecuting attorney of any state, of any political subdivision of any state, or of the United States or any district of the United States.

(b) "Relevant information" includes but is not limited to:

(i) insurance policy information related to any motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile theft or motor vehicle insurance fraud under investigation, including an application for a policy;

(ii) available policy premium payment records;

(iii) the history of previous claims made by the insured; and

(iv) information relating to the investigation of any motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile theft or motor vehicle insurance fraud, including statements of any person, proof of loss and notice of loss, and any information that an insurer knows or reasonably believes reveals or may reveal the identity of a person who it has reason to believe committed a criminal or fraudulent act relating to a motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile theft or motor vehicle insurance claim or has knowledge of an act that has not been reported to an authorized governmental agency.

(c) "Specific lienholder" means a person or firm that holds a security interest in a motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile involved in a specific motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile theft or motor vehicle insurance fraud.
Mont. Code Ann. § 61-3-222 — MT Code / Title 61 / Chapter 3 / Part 2 / Section 61-3-222
61-3-222 Surviving spouse or heir -- small estates
Status: in_force

61-3-222 . Surviving spouse or heir -- small estates. (1) Subject to the requirements of Title 72, chapter 3, part 11, the surviving spouse or other heir may secure transfer of a decedent's ownership interests in one or more motor vehicles, trailers, semitrailers, pole trailers, campers, motorboats, personal watercraft, sailboats, or snowmobiles for which a certificate of title was issued under this chapter if:

(a) the value of the entire estate, including any vehicles, vessels, or snowmobiles for which transfer of ownership is sought, less liens and encumbrances, does not exceed the limit set forth in 72-3-1101 ;

(b) the decedent did not leave other property that requires the procuring of letters of administration or letters testamentary; and

(c) the decedent did not by execution of a will otherwise bequeath the property.

(2) The person seeking transfer of the decedent's interests under this section shall file an affidavit with the department setting forth the fact of survivorship, the name and address of any other heirs, and any other facts determined necessary to entitle the person to the transfer.

(3) If the department determines that the transfer is regular and that all legal requirements have been met, the department shall issue a certificate of title, subject to any security interests shown by the department's records, to the surviving spouse or other heir.
Mont. Code Ann. § 61-3-604 — MT Code / Title 61 / Chapter 3 / Part 6 / Section 61-3-604
61-3-604 Penalty for altering identification number
Status: in_force

61-3-604 . Penalty for altering identification number. (1) A person who willfully removes or falsifies an identification number of a motor vehicle, trailer, semitrailer, pole trailer, or motor vehicle engine is punishable by a fine of not more than $5,000 or imprisonment in the state prison for a period of not more than 10 years, or both.

(2) Any person or persons, firm, or corporation that sells or offers for sale in this state a motor vehicle, trailer, semitrailer, or pole trailer the original vehicle identification number of which has been destroyed, removed, altered, covered, or defaced, with the exception of motor vehicles, trailers, semitrailers, or pole trailers bearing a state-assigned identification number in accordance with 61-3-107 , is punishable by a fine of not less than $200 or more than $500 and by imprisonment in the county jail for a term of not less than 30 days or more than 180 days. Upon a second or subsequent conviction under this subsection, the punishment shall be imprisonment in the state prison for a term of not less than 1 year or more than 5 years or a fine in an amount not to exceed $50,000, or both.
Mont. Code Ann. § 61-5-401 — MT Code / Title 61 / Chapter 5 / Part 4 / Section 61-5-401
61-5-401 Driver License Compact
Status: in_force

61-5-401 . Driver License Compact. This part shall be known and may be cited as the "Driver License Compact".

Article I. Findings and Declaration of Policy

(1) The party states find that:

(a) the safety of their streets and highways is materially affected by the degree of compliance with state laws and local ordinances relating to the operation of motor vehicles;

(b) violation of such a law or ordinance is evidence that the violator engages in conduct which is likely to endanger the safety of persons and property;

(c) the continuance in force of a license to drive is predicated upon compliance with laws and ordinances relating to the operation of motor vehicles in whichever jurisdiction the vehicle is operated.

(2) It is the policy of each of the party states to:

(a) promote compliance with the laws, ordinances, and administrative rules relating to the operation of motor vehicles by their operators in each of the jurisdictions where such operators drive motor vehicles;

(b) make the reciprocal recognition of licenses to drive and eligibility therefor more just and equitable by considering the overall compliance with motor vehicle laws, ordinances, and administrative rules as a condition precedent to the continuance or issuance of any license by reason of which the licensee is authorized or permitted to operate a motor vehicle in any of the party states.

Article II. Definitions

As used in this compact:

(1) "state" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico;

(2) "home state" means the state which has issued and has the power to suspend or revoke the use of the license or permit to operate a motor vehicle;

(3) "conviction" means a conviction of any offense related to the use or operation of a motor vehicle which is prohibited by state law, municipal ordinance, or administrative rule, or a forfeiture of bail, bond, or other security deposited to secure appearance by a person charged with having committed any such offense, and which conviction or forfeiture is required to be reported to the licensing authority.

Article III. Reports of Conviction

The licensing authority of a party state shall report each conviction of a person from another party state occurring within its jurisdiction to the licensing authority of the home state of the licensee. Such report shall clearly identify the person convicted; describe the violation specifying the section of the statute, code, or ordinance violated; identify the court in which action was taken; indicate whether a plea of guilty or not guilty was entered or the conviction was a result of the forfeiture of bail, bond, or other security; and include any special findings made in connection therewith.

Article IV. Effect of Conviction

(1) The licensing authority in the home state, for the purposes of suspension, revocation, or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to Article III of this compact, as it would if such conduct had occurred in the home state, in the case of convictions for:

(a) manslaughter or negligent homicide resulting from the operation of a motor vehicle;

(b) driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug, or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle;

(c) any felony in the commission of which a motor vehicle is used;

(d) failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another.

(2) As to other convictions, reported pursuant to Article III, the licensing authority in the home state shall give such effect to the conduct as is provided by the laws of the home state.

(3) If the laws of a party state do not provide for offenses or violations denominated or described in precisely the words employed in subdivision (1) of this article, such party state shall construe the denominations and descriptions appearing in subdivision (1) hereof as being applicable to and identifying those offenses or violations of a substantially similar nature, and the laws of such party state shall contain such provisions as may be necessary to ensure that full force and effect is given to this article.

Article V. Applications for New Licenses

Upon application for a license to drive, the licensing authority in a party state shall ascertain whether the applicant has ever held, or is the holder of a license to drive issued by any other party state. The licensing authority in the state where application is made shall not issue a license to drive to the applicant if:

(1) the applicant has held such a license, but the same has been suspended by reason, in whole or in part, of a violation and if such suspension period has not terminated;

(2) the applicant has held such a license, but the same has been revoked by reason, in whole or in part, of a violation and if such revocation has not terminated, except that after the expiration of 1 year from the date the license was revoked, such person may make application for a new license if permitted by law. The licensing authority may refuse to issue a license to any such applicant if, after investigation, the licensing authority determines that it will not be safe to grant to such person the privilege of driving a motor vehicle on the public highways.

(3) the applicant is the holder of a license to drive issued by another party state and currently in force unless the applicant surrenders such license.

Article VI. Applicability of Other Laws

Except as expressly required by provisions of this compact, nothing contained herein shall be construed to affect the right of any party state to apply any of its other laws relating to licenses to drive to any person or circumstance or to invalidate or prevent any driver license agreement or other cooperative arrangement between a party state and a nonparty state.

Article VII. Compact Administrator and Interchange of Information

(1) The head of the licensing authority of each party state shall be the administrator of this compact for the administrator's state. The administrators, acting jointly, shall have the power to formulate all necessary and proper procedures for the exchange of information under this compact.

(2) The administrator of each party state shall furnish to the administrator of each other party state any information or documents reasonably necessary to facilitate the administration of this compact.

Article VIII. Entry Into Force and Withdrawal

(1) This compact shall enter into force and become effective as to any state when it has enacted the same into law.

(2) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until 6 months after the executive head of the withdrawing state has given notice of the withdrawal to the executive heads of all other party states. No withdrawal shall affect the validity or applicability by the licensing authorities of states remaining party to the compact of any report of conviction occurring prior to the withdrawal.

Article IX. Construction and Severability

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
Mont. Code Ann. § 61-5-302 — MT Code / Title 61 / Chapter 5 / Part 3 / Section 61-5-302
61-5-302 Unlawful use of license or identification card
Status: in_force

61-5-302 . Unlawful use of license or identification card. It is a misdemeanor for a person to:

(1) display or cause or permit to be displayed or have in the person's possession a canceled, revoked, suspended, fictitious, or altered driver's license, identification card, or tribal identification card;

(2) lend the person's driver's license, identification card, or tribal identification card to any other person or knowingly permit its use by another;

(3) display or represent as one's own any driver's license, identification card, or tribal identification card not issued to the person;

(4) fail or refuse to surrender to the department upon its lawful demand a driver's license or identification card that has been suspended, revoked, or canceled;

(5) use a false or fictitious name in an application for a driver's license or identification card or knowingly make a false statement or knowingly conceal a material fact or otherwise commit a fraud in an application; or

(6) permit any unlawful use of a driver's license, identification card, or tribal identification card issued to the person.
Mont. Code Ann. § 61-3-335 — MT Code / Title 61 / Chapter 3 / Part 3 / Section 61-3-335
61-3-335 Transfer of license plates to another motor vehicle
Status: in_force

61-3-335 . Transfer of license plates to another motor vehicle. (1) A person may request the transfer of license plates removed from a motor vehicle, trailer, semitrailer, or pole trailer under 61-3-334 to another motor vehicle, trailer, semitrailer, or pole trailer acquired or owned by the same person. The use of the license plates may not be legalized until proper transfer of license plates has been made.

(2) License plates may be transferred pursuant to this section without transferring ownership of the first motor vehicle, trailer, semitrailer, or pole trailer.

(3) Upon transfer of the license plates, the registration of the motor vehicle, trailer, semitrailer, or pole trailer from which the license plates were transferred expires.
Mont. Code Ann. § 61-12-308 — MT Code / Title 61 / Chapter 12 / Part 3 / Section 61-12-308
61-12-308 Service contract to be filed with commissioner
Status: in_force

61-12-308 . Service contract to be filed with commissioner. A service contract may not be executed, issued, or delivered in this state until a copy of the form of the contract has been on file for 30 days with the commissioner, unless before the expiration of 30 days the commissioner has approved the form in writing. A service contract may not be executed, issued, or delivered at any time in this state if the commissioner notified the company in writing within the 30-day period that in the commissioner's opinion the form of the contract does not comply with the laws of this state, specifying the reasons for the opinion.
Mont. Code Ann. § 61-3-337 — MT Code / Title 61 / Chapter 3 / Part 3 / Section 61-3-337
61-3-337 Permanently registered motor homes -- plate restriction
Status: in_force

61-3-337 . Permanently registered motor homes -- plate restriction. The following series of license plates may not be used for purposes of permanent registration of a motor home:

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

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

(3) amateur radio operator license plates issued under 61-3-422 .
Mont. Code Ann. § 61-3-316 — MT Code / Title 61 / Chapter 3 / Part 3 / Section 61-3-316
61-3-316 New registrations
Status: in_force

61-3-316 . New registrations. Except as provided in 61-3-311 , a motor vehicle that is registered for the first time in this state must be assigned a registration period corresponding to when the motor vehicle is first registered in this state. Except as permitted in 61-3-318 or 61-3-324 , the registration period for a motor vehicle must remain the same from year to year.
Mont. Code Ann. § 61-5-301 — MT Code / Title 61 / Chapter 5 / Part 3 / Section 61-5-301
61-5-301 Indication on driver's license or identification card of intent to make anatomical gift or of living will declaration
Status: in_force

61-5-301 . Indication on driver's license or identification card of intent to make anatomical gift or of living will declaration. (1) An application furnished by the department for the issuance or renewal of a driver's license under this chapter or for the issuance of an identification card under Title 61, chapter 12, part 5, must include spaces for indicating when the licensee has:

(a) executed a document under 72-17-201 of intent to make a gift of all or part of the driver's body under the Uniform Anatomical Gift Act; or

(b) executed a declaration under 50-9-103 relating to the use of life-sustaining treatment.

(2) The department shall provide each applicant, when applying for or renewing a driver's license or when applying for an identification card, printed information calling the applicant's attention to the provisions of this section. Each applicant must be asked orally if the applicant wishes to make an anatomical gift and if the applicant has executed the declaration under 50-9-103 relating to the use of life-sustaining treatment.

(3) Each applicant must be given an opportunity to indicate in the spaces provided under subsection (1) the applicant's intent to make an anatomical gift or that the applicant has executed the declaration under 50-9-103 relating to the use of life-sustaining treatment.

(4) The department shall issue to each applicant who indicates an intent to make an anatomical gift a statement that, when signed by the licensee in the manner prescribed in 72-17-201 , constitutes a document of anatomical gift. If an applicant signs a statement under this subsection, a symbol indicating that the donor has made an anatomical gift must be imprinted on the face of the donor's driver's license or identification card.

(5) The department shall electronically transfer the information of all persons who volunteer, upon application for a driver's license or an identification card, to donate organs or tissue to the organ and tissue donation registry created in 72-17-105 and 72-17-106 and any subsequent changes to the applicant's donor status.
Mont. Code Ann. § 61-3-425 — MT Code / Title 61 / Chapter 3 / Part 4 / Section 61-3-425
61-3-425 Special plates -- sale or transfer of auto -- revocation or expiration of radio license
Status: in_force

61-3-425 . Special plates -- sale or transfer of auto -- revocation or expiration of radio license. The license plates issued under 61-3-422 may be renewed as long as the amateur radio license is in force under the federal communications commission and the special license issued hereunder is in force. If the official amateur radio license is revoked or expires for any reason, the license plates must be removed immediately by the owner of the light vehicle or motor home, and the owner shall obtain standard license plates numbered as provided in 61-3-332 . If the light vehicle or motor home is sold or otherwise transferred, the owner and holder of valid official amateur radio station and operator's licenses may transfer the amateur radio license plates to another light vehicle or motor home owned by the holder as provided in 61-3-335 . On the revocation or expiration of the amateur radio station and operator's licenses, the license plates issued under 61-3-422 must be returned and surrendered to the department.
Mont. Code Ann. § 61-3-301 — MT Code / Title 61 / Chapter 3 / Part 3 / Section 61-3-301
61-3-301 Registration -- license plate required -- display -- definition
Status: in_force

61-3-301 . Registration -- license plate required -- display -- definition. (1) (a) A person may not operate a motor vehicle, trailer, semitrailer, pole trailer, or travel trailer upon the public highways of Montana unless the motor vehicle, trailer, semitrailer, pole trailer, or travel trailer is properly registered and has the proper license plates conspicuously displayed on the motor vehicle, trailer, semitrailer, pole trailer, or travel trailer. A license plate must be securely fastened to prevent it from swinging and may not be obstructed from plain view.

(b) (i) Except as provided in 61-4-120 , 61-4-129 , and subsections (1)(b)(ii) through (1)(b)(iv) of this section, all motor vehicles must have one license plate displayed horizontally on the front and one license plate displayed horizontally on the rear of the motor vehicle.

(ii) A motorcycle, quadricycle, trailer, semitrailer, pole trailer, or travel trailer must have a single license plate displayed on the rear of the vehicle, which may be displayed horizontally or vertically if available space does not permit horizontal display.

(iii) A custom vehicle or a street rod registered under 61-3-320 (1)(b) or (1)(c)(iii) may display a single license plate firmly attached to the rear exterior of the custom vehicle or street rod.

(iv) If a person is not able to comply with the requirement that a front license plate be displayed because of the body construction of the motor vehicle, the person may submit to the highway patrol an application for a waiver along with a $25 inspection fee. A certificate of waiver must be issued upon inspection of the vehicle by a highway patrol officer. The certificate must at all times be carried in the motor vehicle and must be displayed upon demand of a peace officer. Money collected from the inspection fee must be deposited in a highway revenue account in the state special revenue fund to the credit of the department of transportation.

(c) A person may not display on a motor vehicle, trailer, semitrailer, pole trailer, or travel trailer at the same time a number assigned to it under any motor vehicle law except as provided in this chapter.

(d) A low-speed electric vehicle or a golf cart operated by a person with a low-speed restricted driver's license must have special license plates, as provided in 61-3-332 (9), displayed on the front and rear of the vehicle.

(2) A person may not purchase or display on a motor vehicle, trailer, semitrailer, pole trailer, or travel trailer a license plate bearing the number assigned to any county, as provided in 61-3-332 , other than the county where the vehicle is domiciled or the county where the trailer, semitrailer, pole trailer, or travel trailer is domiciled at the time of application for registration.

(3) It is unlawful to:

(a) display license plates issued to one motor vehicle, trailer, semitrailer, pole trailer, or travel trailer on any other motor vehicle, trailer, semitrailer, pole trailer, or travel trailer unless legally transferred as provided by statute;

(b) repaint old license plates to resemble current license plates; or

(c) invert or reverse a license plate. License plates displayed horizontally must be readable from left to right. License plates displayed vertically must be readable from top to bottom.

(4) As used in this section, "conspicuously displayed" means that the required license plates are obviously visible and firmly attached by two separate fasteners to:

(a) the front bumper and the rear bumper of a motor vehicle that is subject to subsection (1)(b)(i) and is equipped with front and rear bumpers; or

(b) a clearly visible location on the rear of a trailer, semitrailer, pole trailer, travel trailer, or motor vehicle that is subject to subsections (1)(b)(ii) through (1)(b)(iv).
Mont. Code Ann. § 61-7-115 — MT Code / Title 61 / Chapter 7 / Part 1 / Section 61-7-115
61-7-115 Department to tabulate and analyze accident reports
Status: in_force

61-7-115 . Department to tabulate and analyze accident reports. The department shall tabulate and may analyze all accident reports and shall publish annually or at more frequent intervals statistical information based thereon as to the number and circumstances of traffic accidents.
Mont. Code Ann. § 61-3-737 — MT Code / Title 61 / Chapter 3 / Part 7 / Section 61-3-737
61-3-737 Situs in state of proportionally registered fleets -- collection of fees
Status: in_force

61-3-737 . Situs in state of proportionally registered fleets -- collection of fees. (1) For the purposes of this part, any motor vehicle previously registered or that has had application for registration made under the provisions of 61-3-711 through 61-3-733 has a situs in Montana for the purposes of the light vehicle registration fee or the fee in lieu of tax.

(2) The department of transportation shall collect the fleet motor vehicle, trailer, semitrailer, or pole trailer registration fees, fees in lieu of tax, and license fees prescribed in this part.
Mont. Code Ann. § 61-12-204 — MT Code / Title 61 / Chapter 12 / Part 2 / Section 61-12-204
61-12-204 Identification badge and uniform -- safety equipment
Status: in_force

61-12-204 . Identification badge and uniform -- safety equipment. (1) Employees of the department engaged in the enforcement of this part shall wear and prominently display an identification badge or device with the employee's name and title shown on the identification badge or device. The department may authorize uniform dress for department employees engaged in such enforcement.

(2) The department may issue soft body armor to an employee engaged in the enforcement of this part upon request of the employee after the employee's appointment as a peace officer.
Mont. Code Ann. § 61-6-140 — MT Code / Title 61 / Chapter 6 / Part 1 / Section 61-6-140
61-6-140 Substitution of proof of responsibility
Status: in_force

61-6-140 . Substitution of proof of responsibility. The department shall consent to the cancellation of any bond or certificate of insurance or the department shall direct and the state treasurer shall return any money or securities to the person entitled thereto upon the substitution and acceptance of other adequate proof of financial responsibility pursuant to this part.
Mont. Code Ann. § 61-12-310 — MT Code / Title 61 / Chapter 12 / Part 3 / Section 61-12-310
61-12-310 Form of contract
Status: in_force

61-12-310 . Form of contract. A motor club service contract may not be executed, issued, or delivered in this state unless it contains the following:

(1) the name of the motor club service company;

(2) the location of its home office, giving street number, city, and state;

(3) a provision that the contract may be canceled at any time by either the company or the holder and that the holder is, if the holder has actually paid the consideration, entitled to the unused portion of the consideration paid for the contract, calculated on a pro rata basis without any deductions;

(4) a provision plainly specifying the services promised and that the holder is not required to pay any sum for any services specified in the contract in addition to the amount specified in the contract and further specifying the territory where the services are to be rendered and the date when the service commences.
Mont. Code Ann. § 61-9-431 — MT Code / Title 61 / Chapter 9 / Part 4 / Section 61-9-431
61-9-431 Use of warning signs, flares, reflectors, lanterns, and flag persons
Status: in_force

61-9-431 . Use of warning signs, flares, reflectors, lanterns, and flag persons. (1) The operator of a commercial tow truck, in compliance with the requirements of 61-8-906 and 61-8-907 , shall, when rendering assistance at a hazard on the highway that necessitates the obstruction of a portion or all of the roadway exclusive of the berm or shoulder, place at least two warning signs as required in this section as soon as is practicable under the circumstances. Flag persons and cones may be used to augment the warning signs.

(2) Highway warning signs must be of a uniform type, with dimensions of 3 x 3 feet, lettering 5 inches high, and reflectorized orange or reflectorized fluorescent pink background and black border, as prescribed by the department. The signs must be designed to be visible both during the day and at night. The warning signs must bear the words "accident ahead", "emergency vehicle ahead", "lane closed ahead", "road closed ahead", "wreck ahead", "tow truck ahead", or "wrecker ahead", as prescribed by the department.

(3) The operator of a commercial tow truck used for the purpose of rendering assistance at a hazard on the highway that necessitates the obstruction of a portion of the roadway shall place a highway warning sign as required in subsection (2):

(a) in an area in which the posted speed limit is 45 miles an hour or less, not less than 600 feet in advance of the hazard and an equal distance to the rear of the hazard; and

(b) in an area in which the posted speed limit is more than 45 miles an hour or no speed limit is posted, 1,000 feet in advance of the hazard, except on a divided highway where the hazard does not cause disruption of traffic traveling on the opposite side of the divided highway, and an equal distance to the rear of the hazard.

(4) A local government unit may adopt an ordinance exempting an operator of a commercial tow truck from the requirements of subsection (2) within the limits of an incorporated city or town.

(5) When a hazard exists on the highway during the hours of darkness, the operator of a commercial tow truck called to render assistance shall place warning signs upon the highway as prescribed in this section and shall also place at least one red flare, red lantern, or warning light or reflector in close proximity to each warning sign.

(6) A violation of warning signs placed as provided in subsection (3) is considered reckless endangerment of a highway worker, as provided in 61-8-389 (2), and is punishable as provided in 61-8-715 .
Mont. Code Ann. § 61-12-402 — MT Code / Title 61 / Chapter 12 / Part 4 / Section 61-12-402
61-12-402 Notice to owner
Status: in_force

61-12-402 . Notice to owner. (1) Within 72 hours after a vehicle is removed and held by or at the direction of the Montana highway patrol, the highway patrol shall notify the sheriff of the county or the chief of police of the city in which the vehicle is being stored of where and when the vehicle was taken into custody and of where the vehicle is being stored. In addition, the Montana highway patrol shall furnish the sheriff or the chief of police:

(a) a complete description of the vehicle, including year, make, model, serial number, and license number if available;

(b) any costs incurred to that date in the removal, storage, and custody of the vehicle; and

(c) any available information concerning the vehicle's ownership.

(2) The highway patrol shall notify the sheriff of the county or the chief of police of the city in which the vehicle was taken into custody of the location at which the vehicle is being stored if the vehicle was removed to a different county.

(3) The sheriff or the city police in the jurisdiction where the vehicle is being stored shall make reasonable efforts to ascertain the name and address of the owner, lienholder, or person entitled to possession of the vehicle taken into custody under 61-12-401 . If a name and address are ascertained, the sheriff or the city police shall notify the owner, lienholder, or person of the location of the vehicle.

(4) If the vehicle is registered in the office of the department, notice is considered to have been given when a certified letter addressed to the registered owner of the vehicle and lienholder, if any, at the latest address shown by the records in the office of the department, return receipt requested and postage prepaid, is mailed at least 30 days before the vehicle is sold as provided in 61-12-404 (1)(a) or at least 60 days before the vehicle is sold as provided in 61-12-404 (1)(b).

(5) If the identity of the last-registered owner cannot be determined, if the registration does not contain an address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice by one publication in one newspaper of general circulation in the county where the motor vehicle is being stored is sufficient to meet all requirements of notice pursuant to this part. The notice by publication may contain multiple listings of abandoned vehicles. The notice must be provided in the same manner as prescribed in 25-13-701 (1)(b).

(6) If the abandoned vehicle is in the possession of a motor vehicle wrecking facility licensed under 75-10-511 , the wrecking facility may make the required search to ascertain the name and address of the owner, lienholder, or person entitled to possession of the vehicle and shall give the notices required in subsections (3) through (5). The wrecking facility shall deliver to the sheriff or the city police a certificate describing the efforts made to ascertain the name and address of the owner, lienholder, or person entitled to possession of the vehicle and shall deliver to the sheriff or the city police proof of the notice given.

(7) (a) (i) A vehicle found by law enforcement officials to be a junk vehicle, as defined in 75-10-501 , and that has a value of $500 or less may be directly submitted for disposal in accordance with the provisions of Title 75, chapter 10, part 5, upon a release given by the sheriff or the city police. The county representative designated to implement the county motor vehicle recycling and disposal program pursuant to 75-10-521 for the county where the vehicle is being stored shall determine the value of the vehicle. In the release, the sheriff or the city police shall include a description of the vehicle, including year, make, model, serial number, and license number if available. If the vehicle is being stored by a motor vehicle wrecking facility, the sheriff or the city police shall transmit the release to the motor vehicle wrecking facility and the facility shall consider the release to meet the requirements for records under 61-3-225 and 75-10-512 . If the vehicle is being stored by a qualified tow truck operator, as defined in 61-8-903 , the sheriff or the city police shall transmit the release to the operator. Vehicles described in this section may be submitted for disposal without notice and without a required holding period.

(ii) A junk nonmotorized vehicle, as defined in 75-10-501 , may be submitted for disposal as provided in this subsection (7)(a) pursuant to the same provisions as a junk vehicle if the county has agreed to accept junk nonmotorized vehicles for disposal pursuant to 75-10-521 (10).

(b) A licensed vehicle that otherwise meets the definition of a junk vehicle, as defined in 75-10-501 , and that has a value of $500 or less may be directly submitted for disposal as provided in subsection (7)(a).
Mont. Code Ann. § 61-3-118 — MT Code / Title 61 / Chapter 3 / Part 1 / Section 61-3-118
61-3-118 Motor vehicle electronic commerce operating account
Status: in_force

61-3-118 . Motor vehicle electronic commerce operating account. (1) There is a motor vehicle electronic commerce operating account of the enterprise fund type as provided in 17-2-102 .

(2) A portion of the fees imposed for issuance of a temporary registration permit under 61-3-224 must be deposited in the account.

(3) The money in the motor vehicle electronic commerce operating account must be used by the department to pay costs directly incurred in the operation, maintenance, and enhancement of electronic commerce applications, including but not limited to payments to third-party vendors who provide services to support the applications.
Mont. Code Ann. § 61-3-107 — MT Code / Title 61 / Chapter 3 / Part 1 / Section 61-3-107
61-3-107 Identification number for trailers, campers, and other motor vehicles
Status: in_force

61-3-107 . Identification number for trailers, campers, and other motor vehicles. (1) A trailer, semitrailer, pole trailer, or camper that does not have a manufacturer's or other identifying number on the trailer, semitrailer, pole trailer, or camper must be assigned an identification number by the department.

(2) The department may not issue a certificate of title or reissue a certificate of title covering a motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile on which the identification number has been altered, removed, obliterated, defaced, omitted, or is otherwise absent unless the owner or other person lawfully in possession of the motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile files an application with the department, accompanied by a fee of $5. The application must be on a form provided by the department and must contain information required by the department for the assignment of a special identification number for a motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile. Upon receipt of the application and if the department is satisfied that the applicant is entitled to the assignment of an identification number, the department shall designate a special identification number for the motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile. The department shall note the special identification number on the application and on records to be kept by the department. This assigned identification number must be stamped or securely attached in a conspicuous position on the motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile in the manner and form prescribed by the department.

(3) If the true identity of a motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile can be established by restoring the original manufacturer's serial number or other distinguishing numbers or identification marks, the department may not assign a special identification number and shall replace the motor vehicle's, trailer's, semitrailer's, pole trailer's, camper's, motorboat's, personal watercraft's, sailboat's, or snowmobile's identification mark by duplicating the manufacturer's full numeric or alphanumeric identification sequence. The department may replace an identification mark only after conducting an inquiry to determine that ownership of the motor vehicle bearing a restored identification mark has been lawfully transferred to the applicant. The applicant shall apply for and the department shall replace the identification mark on the motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile as required under subsection (2).

(4) Upon receipt by the department of a certificate of inspection completed by a peace officer or authorized member of the department verifying that the identification number has been stamped or securely attached in a conspicuous position upon the motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile, accompanied by an application for a certificate of title and the required fee, the department shall use the number as the numeric or alphanumeric identification mark for the motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile in any certificate of title that may be issued.
Mont. Code Ann. § 61-3-730 — MT Code / Title 61 / Chapter 3 / Part 7 / Section 61-3-730
61-3-730 Suspension of reciprocity benefits
Status: in_force

61-3-730 . Suspension of reciprocity benefits. The department may suspend or cancel the exemptions, benefits, or privileges granted under 61-3-711 through 61-3-733 to a person who violates any of the conditions or terms of the agreements, arrangements, or declarations or violates the laws of this state relating to motor vehicles, trailers, semitrailers, or pole trailers or rules adopted under those laws.
Mont. Code Ann. § 61-8-1026 — MT Code / Title 61 / Chapter 8 / Part 10 / Section 61-8-1026
61-8-1026 Unlawful possession of open alcoholic beverage container in motor vehicle on highway
Status: in_force

61-8-1026 . Unlawful possession of open alcoholic beverage container in motor vehicle on highway. (1) Except as provided in subsection (2), a person commits the offense of unlawful possession of an open alcoholic beverage container in or on a motor vehicle if the person knowingly possesses an open alcoholic beverage container within the passenger area of a motor vehicle on a highway.

(2) This section does not apply to an open alcoholic beverage container:

(a) in a locked glove compartment or storage compartment;

(b) in a motor vehicle trunk or luggage compartment or rack, or in a truck bed or cargo compartment;

(c) behind the last upright seat of a motor vehicle that is not equipped with a trunk;

(d) in a closed container in the area of a motor vehicle that is not equipped with a trunk and that is not normally occupied by the driver or a passenger; or

(e) in the immediate possession of a passenger:

(i) of a bus, taxi, or limousine that is used for the transportation of persons for compensation and that includes the provision of a hired driver; or

(ii) in the living quarters of a camper, travel trailer, or motor home.

(3) (a) A person convicted of the offense of unlawful possession of an open alcoholic beverage container in a motor vehicle shall be fined an amount not to exceed $100.

(b) A violation of this section is not a criminal offense within the meaning of 3-1-317 , 3-1-318 , 45-2-101 , 46-18-236 , 61-8-104 , and 61-8-711 and may not be recorded or charged against a driver's record, and an insurance company may not hold a violation of this section against the insured or increase premiums because of the violation. The surcharges provided for in 3-1-317 , 3-1-318 , and 46-18-236 may not be imposed for a violation of this section.
Mont. Code Ann. § 61-4-225 — MT Code / Title 61 / Chapter 4 / Part 2 / Section 61-4-225
61-4-225 Loaner license plates -- issuance -- restrictions on use
Status: in_force

61-4-225 . Loaner license plates -- issuance -- restrictions on use. (1) On application and payment of an annual fee of $25 for a set, the department may issue loaner plates to a new motor vehicle dealer as defined in 61-4-201 .

(2) Loaner license plates may be displayed only on a new motor vehicle:

(a) that remains on a manufacturer's statement of origin;

(b) that is in the inventory of the dealer and held primarily for resale; and

(c) that the dealer loans to a customer while the dealer is repairing the customer's vehicle.

(3) A dealer shall maintain records detailing to whom a vehicle bearing loaner plates has been loaned, the date of the loan, the date on which the vehicle bearing loaner plates is to be returned, and the actual date of the vehicle's return. These records must include the name, address, and telephone number of the person or entity to whom the vehicle has been loaned and the name of a contact person who will oversee the actual operation and use of the vehicle. The records are subject to audit by the department.

(4) It is the responsibility of the person or entity to whom the vehicle bearing loaner plates was loaned to carry, while operating or in actual physical control of the vehicle, written proof that the person or entity is authorized to operate or be in actual physical control of the vehicle.

(5) If a dealer allows a person or entity to operate or retain actual physical control of a vehicle bearing loaner plates in violation of this section, the department may suspend the dealer's right to use the loaner plates for a period not to exceed 6 months.

(6) A dealer may apply for additional plates if the dealer can demonstrate, to the satisfaction of the department, that additional sets of plates are needed.
Mont. Code Ann. § 61-3-570 — MT Code / Title 61 / Chapter 3 / Part 5 / Section 61-3-570
61-3-570 Local option flat fee
Status: in_force

61-3-570 . Local option flat fee. (1) A local option flat fee for each light vehicle may be imposed within a county by the board of county commissioners by adoption of a resolution and referral to the electorate. The imposition of the local option flat fee must be approved by the majority of the electorate voting in the election.

(2) The local option flat fee is:

(a) applicable annually for light vehicles that are registered annually; and

(b) a one-time fee for light vehicles registered under 61-3-562 .

(3) Fees collected under this section must be distributed as provided in 61-3-537 .
Mont. Code Ann. § 61-4-201 — MT Code / Title 61 / Chapter 4 / Part 2 / Section 61-4-201
61-4-201 Definitions
Status: in_force

61-4-201 . Definitions. As used in this part, the following definitions apply unless the context clearly indicates otherwise:

(1) "Community" means the relevant market area of a franchise. For the purposes of this part, the relevant market area of a franchise is the county or counties in which the franchisee is located.

(2) "Distribute" means to sell new motor vehicles other than at retail or to enter into a franchise agreement authorizing a dealer to buy new motor vehicles for resale or to service motor vehicles under a manufacturer's or distributor's warranty.

(3) "Distributor" or "wholesaler" means a person who sells or distributes a line-make of new motor vehicles to new motor vehicle dealers in this state or who maintains distributor representatives in this state.

(4) "Distributor branch" means a branch office maintained or availed of by a distributor or wholesaler for the sale of a line-make of new motor vehicles to new motor vehicle dealers in this state for directing or supervising its representatives in this state.

(5) "Factory branch" means a branch office maintained or availed of by a manufacturer for the sale of a line-make of new motor vehicles to distributors or for the sale of new motor vehicles to new motor vehicle dealers in this state or for directing or supervising its representatives in this state.

(6) "Franchise" means a contract and any agreed-to amendments between or among two or more persons when all of the following conditions are included:

(a) a commercial relationship of definite duration or continuing indefinite duration is involved;

(b) the franchisee is granted the right to:

(i) offer, sell, and service in this state new motor vehicles manufactured or distributed by the franchisor; or

(ii) service motor vehicles pursuant to the terms of a franchise and a manufacturer's warranty;

(c) the franchisee, as an independent and separate business, constitutes a component of the franchisor's distribution system; and

(d) the operation of the franchisee's business is substantially reliant on the franchisor for the continued supply of new motor vehicles, parts, and accessories.

(7) "Franchisee" means a person who receives new motor vehicles from the franchisor under a franchise and who offers, sells, and services the new motor vehicles to and for the general public.

(8) "Franchisor" means a person who manufactures, imports, or distributes new motor vehicles and who may enter into a franchise.

(9) "Importer" means a person who transports or arranges for the transportation of a foreign manufactured new motor vehicle into the United States for sale in this state.

(10) "Line-make" means vehicles that are offered for sale, lease, or distribution under a common name, trademark, or service mark.

(11) "Manufacturer" means a person who manufactures or assembles a line-make of new motor vehicles and distributes them directly or indirectly through one or more distributors to one or more new motor vehicle dealers in this state or who manufactures or installs on previously assembled truck chassis special bodies or equipment that, when installed, forms an integral part of the new motor vehicle and that constitutes a major manufacturing alteration, but does not include a person who installs a camper on a pickup truck. The term includes a central or principal sales corporation or other entity through which, by contractual agreement or otherwise, a manufacturer distributes its products.

(12) "Motor vehicle" includes a recreational vehicle as defined in 61-1-101 , a motorboat and a personal watercraft, a snowmobile as defined in 23-2-601 , and an off-highway vehicle as defined in 23-2-801 .

(13) "New motor vehicle" means a motor vehicle that has not been the subject of a retail sale regardless of the mileage of the vehicle.

(14) "New motor vehicle dealer" means a person who buys, sells, exchanges, or offers or attempts to negotiate a sale or exchange or any interest in or who is engaged in the business of selling new motor vehicles under a franchise with the manufacturer of the new motor vehicles or used motor vehicles taken in trade on new motor vehicles.

(15) (a) "Retail sale" means the sale of a new motor vehicle.

(b) "Retail sale" does not mean a sale:

(i) of a new motor vehicle to a purchaser who is acquiring the vehicle for the purposes of a resale; or

(ii) that is the result of a transfer between two licensed new motor vehicle dealers.

(16) "Transferee" means a person or entity that:

(a) is in possession or control of a new motor vehicle dealer;

(b) holds an ownership or signed contract interest in a new motor vehicle dealer;

(c) is acting in a fiduciary capacity for a new motor vehicle dealer; or

(d) is an heir, devisee, personal representative, beneficiary, successor, or assign of a new motor vehicle dealer.
Mont. Code Ann. § 61-8-1011 — MT Code / Title 61 / Chapter 8 / Part 10 / Section 61-8-1011
61-8-1011 Driving under influence -- conviction defined -- place of imprisonment -- home arrest -- exceptions -- deferral of sentence not allowed
Status: in_force

61-8-1011 . Driving under influence -- conviction defined -- place of imprisonment -- home arrest -- exceptions -- deferral of sentence not allowed. (1) (a) For the purpose of determining the number of convictions for prior offenses referred to in 61-8-1001 , 61-8-1002 , 61-8-1007 , and 61-8-1008 , "conviction" means:

(i) a final conviction, as defined in 45-2-101 , in this state, in another state, or on a federally recognized Indian reservation;

(ii) a forfeiture, which has not been vacated, of bail or collateral deposited to secure the defendant's appearance in court in this state, in another state, or on a federally recognized Indian reservation; or

(iii) a conviction, or a pending or subsequent offense if the pending or subsequent offense results in a conviction prior to sentencing for the present offense, for a violation of driving under the influence, including 61-8-1002 (1)(a), (1)(b), (1)(c), (1)(d), or (1)(f), an offense that meets the definition of aggravated driving under the influence in 61-8-1001 , or a similar offense under previous laws of this state or the laws of another state, or a violation of a similar statute or regulation in another state or on a federally recognized Indian reservation.

(b) An offender is considered to have been previously convicted for the purposes of sentencing if less than 10 years have elapsed between the commission of the present offense and a previous conviction unless the offense is the offender's third or subsequent offense, in which case all previous convictions must be used for sentencing purposes.

(c) A previous conviction for a violation of driving under the influence, including 61-8-1002 (1)(a), (1)(b), (1)(c), (1)(d), or (1)(f), an offense that meets the definition of aggravated driving under the influence in 61-8-1001 , or a similar offense under previous laws of this state or the laws of another state, or a violation of a similar statute or regulation in another state or on a federally recognized Indian reservation, and as otherwise defined in subsection (1)(a) may be counted for the purposes of determining the number of a subsequent conviction for a violation of driving under the influence under 61-8-1002 .

(d) A previous conviction for a violation of 45-5-104 for which the offense under 45-5-104 occurred while the person was operating a vehicle in violation of driving under the influence, including 61-8-1002 (1)(a), (1)(b), (1)(c), (1)(d), or (1)(f), an offense that meets the definition of aggravated driving under the influence in 61-8-1001 , or a similar offense under previous laws of this state or the laws of another state, and a previous conviction for a violation of 45-5-205 or 45-5-628 (1)(e) may also be counted for the purposes of determining the number of a subsequent conviction for a violation of driving under the influence under 61-8-1002 .

(2) Except as provided in 61-8-1008 , the court may order that a term of imprisonment imposed under 61-8-1007 or 61-8-1008 be served in another facility made available by the county and approved by the sentencing court. The defendant, if financially able, shall bear the expense of the imprisonment in the facility. The court may impose restrictions on the defendant's ability to leave the premises of the facility and may require that the defendant follow the rules of the facility. The facility may be, but is not required to be, a community-based prerelease center as provided for in 53-1-203 . The prerelease center may accept or reject a defendant referred by the sentencing court.

(3) Subject to the limitations set forth in 61-8-1007 concerning minimum periods of imprisonment, the court may order that a term of imprisonment imposed under 61-8-1007 be served by imprisonment under home arrest, as provided in Title 46, chapter 18, part 10.

(4) A court may not defer imposition of sentence under 61-8-1007 or 61-8-1008 .

(5) The provisions of 61-2-107 , 61-5-205 (2), and 61-5-208 (2), relating to suspension of driver's licenses and later reinstatement of driving privileges, apply to any conviction under 61-8-1007 for a violation of 61-8-1002 .
Mont. Code Ann. § 61-8-108 — MT Code / Title 61 / Chapter 8 / Part 1 / Section 61-8-108
61-8-108 Traffic laws applicable to persons driving animal-drawn vehicles
Status: in_force

61-8-108 . Traffic laws applicable to persons driving animal-drawn vehicles. Every person driving an animal-drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter, except those provisions of this chapter which by their very nature can have no application.
Mont. Code Ann. § 61-13-105 — MT Code / Title 61 / Chapter 13 / Part 1 / Section 61-13-105
61-13-105 Education program
Status: in_force

61-13-105 . Education program. The highway traffic safety division of the department shall continue its program for public information and education concerning the benefits of wearing seatbelts and include within such program the requirements of 61-13-103 and the penalty specified in 61-13-104 .
Mont. Code Ann. § 61-4-131 — MT Code / Title 61 / Chapter 4 / Part 1 / Section 61-4-131
61-4-131 Definitions
Status: in_force

61-4-131 . Definitions. As used in this part, the following definitions apply:

(1) "Broker" means a person:

(a) who engages in the business of offering to procure or procuring a motor vehicle, a trailer, a semitrailer, a pole trailer, a travel trailer, a motorboat, a personal watercraft, a snowmobile, or an off-highway vehicle on behalf of another; or

(b) who represents to the public through solicitation, advertisement, or otherwise that the person is one who offers to procure or procures a motor vehicle, a trailer, a semitrailer, a pole trailer, a travel trailer, a motorboat, a personal watercraft, a snowmobile, or an off-highway vehicle by negotiating purchases, contracts, sales, or exchanges on behalf of another and who does not store, display, or take ownership of a motor vehicle, a trailer, a semitrailer, a pole trailer, a travel trailer, a motorboat, a personal watercraft, a snowmobile, or an off-highway vehicle.

(2) (a) "Dealer", except as provided in subsection (2)(b), includes a new dealer or a used dealer licensed under this part.

(b) For purposes of 61-4-132 through 61-4-135 , 61-4-137 , and 61-4-150 , the term is limited to a new motor vehicle dealer as defined in 61-4-201 .

(3) (a) "Designated family member" means the spouse, child, grandchild, parent, brother, or sister of a new motor vehicle dealer, as defined in 61-4-201 , who:

(i) in the case of a deceased dealer:

(A) is entitled to inherit the dealer's ownership interest in the dealership under the terms of the dealer's will or under the laws of intestate succession of this state; or

(B) has otherwise been designated in writing by a deceased dealer to succeed the deceased in the motor vehicle dealership; or

(ii) in the case of an incapacitated dealer, has been appointed by a court as the legal representative of the dealer's property.

(b) The term includes the appointed and qualified personal representative and the testamentary trustee of a deceased dealer.

(4) (a) "Established place of business" means the geographic location upon which a permanent building is located that is actually occupied either continuously or at regular periods by a person licensed under this part. A building is actually occupied if the licensee's books and records are kept in the building and, except for approved off-premises sales, the licensee's business is transacted within the building.

(b) A licensee's established place of business may also include the geographic location of one or more physical lots upon which vehicles are displayed for sale, as long as the requirements of 61-4-101 (6)(e) regulating the distance between display lots and the recordkeeping building are met.

(c) The geographic location of the permanent building actually occupied by the licensee or the geographic location of the physical lots upon which vehicles are displayed for sale may be identified by street address, legal description, or other reasonably identifiable description, as prescribed by the department.

(5) "New", when describing a motor vehicle, power sports vehicle, or trailer, means that the motor vehicle, power sports vehicle, or trailer has not been the subject of a retail sale.

(6) "Parking", when prohibited, means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading.

(7) (a) "Power sports vehicle" includes a motorboat, a personal watercraft, a snowmobile, or an off-highway vehicle.

(b) A motorcycle or quadricycle must be treated as an off-highway vehicle if the motorcycle or quadricycle is not originally equipped for use on a highway.

(c) A sailboat that is 12 feet in length or longer is treated as a motorboat.

(8) (a) "Trailer" has the meaning provided in 61-1-101 but does not include a trailer that has an unloaded weight of less than 500 pounds.

(b) A travel trailer, semitrailer, or pole trailer is treated as a trailer under this part.

(9) "Used", when describing a motor vehicle, power sports vehicle, or trailer, means that title to the motor vehicle, power sports vehicle, or trailer has been transferred because of a prior retail sale.
Mont. Code Ann. § 61-4-110 — MT Code / Title 61 / Chapter 4 / Part 1 / Section 61-4-110
61-4-110 Obligation of dealer to pay off liens on motor vehicles accepted in trade, purchase, or consignment -- duties of dealer and secured party -- definition
Status: in_force

61-4-110 . Obligation of dealer to pay off liens on motor vehicles accepted in trade, purchase, or consignment -- duties of dealer and secured party -- definition. (1) (a) If a dealer accepts a motor vehicle in trade or purchase from a customer and there is an outstanding loan balance owing on the traded or purchased motor vehicle, the dealer shall remit payment to the secured party to whom the balance on the traded or purchased motor vehicle is owed in an amount sufficient to satisfy the perfected security interest on the traded or purchased motor vehicle by the earlier of the following dates:

(i) 21 days from the date of acceptance of the motor vehicle in trade; or

(ii) 15 days from the date of the receipt by the dealer of payment in full from the sale of the traded motor vehicle.

(b) If a dealer accepts a motor vehicle from an owner for sale upon consignment and there is an outstanding loan balance owing on the consigned motor vehicle, the dealer shall remit payment to the secured party to whom the balance on the consigned motor vehicle is owed in an amount sufficient to satisfy the perfected security interest on the consigned motor vehicle within 15 days from the date of the receipt by the dealer of payment in full for sale of the consigned motor vehicle.

(2) A secured party who has been paid in full by a dealer in accordance with the terms of this section shall forward to the department a properly executed release within:

(a) 15 business days after the business day on which the funds are received when the funds are in cash, cashier's check, certified check, teller's check, or other certified source of funds;

(b) 18 business days after the business day on which the funds are received when the funds are in the form of a check drawn on a local originating depository institution; or

(c) 21 business days after the business day on which the funds are received when the funds are in the form of a check drawn on a nonlocal originating depository institution.

(3) As used in this section, "business day" means a weekday, excluding any weekday upon which a legal holiday falls.
Mont. Code Ann. § 61-8-338 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-338
61-8-338 Method of giving hand-and-arm signals
Status: in_force

61-8-338 . Method of giving hand-and-arm signals. (1) Except as provided in subsection (2), all signals required in this part that are given by hand and arm must be given from the left side of the vehicle by the operator of the vehicle in the following manner:

(a) For a left turn, the operator's hand and arm must be extended horizontally.

(b) For a right turn, the operator's hand and forearm must be extended upward.

(c) For a stop or a decrease in speed, the operator's hand and arm must be extended downward.

(2) The person operating a bicycle may signal a right turn by extending the right hand and arm horizontally.
Mont. Code Ann. § 61-9-204 — MT Code / Title 61 / Chapter 9 / Part 2 / Section 61-9-204
61-9-204 Taillamps -- definition
Status: in_force

61-9-204 . Taillamps -- definition. (1) A motor vehicle, trailer, semitrailer, and pole trailer and any other vehicle that is being drawn at the end of a combination of vehicles must be equipped with at least one properly functioning taillamp mounted on the rear that emits a red light plainly visible from a distance of 500 feet to the rear, except that in the case of a combination of vehicles, only the taillamp on the rearmost vehicle need actually be seen from the distance specified. The vehicles mentioned in this subsection, other than a motorcycle, quadricycle, motor-driven cycle, or truck tractor, registered in this state and manufactured or assembled after January 1, 1956, must be equipped with at least two properly functioning taillamps, with at least one mounted on each side of the rear of the vehicle, that emit a red light plainly visible from a distance of 1,000 feet to the rear of the vehicle.

(2) A taillamp upon a vehicle must be located at a height of not more than 72 inches or less than 15 inches.

(3) Either a taillamp or a separate lamp must illuminate with a white light the rear registration plate and render it clearly legible from a distance of 50 feet to the rear. A taillamp or taillamps, together with a separate lamp for illuminating the rear registration plate, must be lighted whenever the headlamps are lighted.

(4) Taillamps are not required on a motorcycle that is registered under 61-3-411 as a collector's item, but the motorcycle may not be operated on a highway or street from one-half hour after sunset to one-half hour before sunrise or when persons and vehicles are not clearly discernible at a distance of 500 feet unless it is equipped with the required taillamps.

(5) A person may not operate a motor vehicle on a highway with taillamps that are covered by a lens or a plastic cover or with a tinted or colored material, substance, system, or component placed on or in front of rear lamps, taillamps, license plate lamps, or rear lamp combinations that obscures the taillamps or diminishes the distance of visibility required by this section.

(6) A custom vehicle or street rod may use a blue dot taillight as a stop lamp, a rear signal lamp, or a rear reflector. As used in this subsection, "blue dot taillight" means a red lamp installed in the rear of a motor vehicle containing a blue or purple insert that is not more than 1 inch in diameter.
Mont. Code Ann. § 61-5-103 — MT Code / Title 61 / Chapter 5 / Part 1 / Section 61-5-103
61-5-103 Residency requirement
Status: in_force

61-5-103 . Residency requirement. (1) A person who has resided in Montana for more than 60 consecutive days is considered to be a resident for the purpose of being licensed to operate a motor vehicle and must be licensed under the laws of Montana before operating a motor vehicle.

(2) A person who has resided in Montana for more than 30 consecutive days:

(a) is considered to be a resident for the purpose of being licensed to operate a commercial motor vehicle; and

(b) must be licensed under the laws of Montana before operating any commercial motor vehicle.

(3) The department may issue a commercial driver's license to a person who is not a resident of Montana or domiciled in Montana only if:

(a) the person is domiciled in a foreign country with commercial driver's license standards, as determined by the federal motor carrier safety administration of the department of transportation, that are not similar to the testing and licensing standards provided in 49 CFR, part 383, subparts F, G, and H; or

(b) the person is domiciled in a state that is prohibited by the federal motor carrier safety administration from issuing commercial driver's licenses under 49 CFR 384.405.
Mont. Code Ann. § 61-4-213 — MT Code / Title 61 / Chapter 4 / Part 2 / Section 61-4-213
61-4-213 Warranty reimbursement -- definitions
Status: in_force

61-4-213 . Warranty reimbursement -- definitions. (1) (a) If a motor vehicle franchisor requires or permits motor vehicle franchisees to perform labor or provide parts in satisfaction of a warranty issued by the franchisor:

(i) the motor vehicle franchisor shall reimburse the motor vehicle franchisee for the labor as rendered, using the franchisor's labor time guide or the labor time guide used by the dealer for labor furnished other than pursuant to warranty, at the dealer's election, and for parts and supplies, including but not limited to engine, transmission, and other parts assemblies, as furnished, in an amount equal to the prevailing retail rate charged by the franchisee for the labor or the prevailing retail markup charged by the franchisee for the parts and supplies in circumstances in which the labor is rendered or the parts and supplies are furnished other than pursuant to warranty;

(ii) the motor vehicle franchisor shall reimburse the motor vehicle franchisee pursuant to subsection (1)(a)(i) for labor performed on and parts supplied for a motor vehicle by the franchisee in good faith and in accordance with the manufacturer's warranty and written repair requirements and procedures, notwithstanding any requirement that the franchisor accept the return of the motor vehicle or make payment to a consumer with respect to the motor vehicle pursuant to the provisions of Title 61, chapter 4, part 5; and

(iii) the motor vehicle franchisee may establish its prevailing retail labor rate or parts markup by submitting to the motor vehicle franchisor whichever of the following produces the fewer number of repair orders, all of which must be for repairs made no more than 180 days before the submission:

(A) all consecutive repair orders that include 100 sequential repair orders reflecting qualified repairs; or

(B) all repair orders closed during any period of 90 consecutive days.

(b) The submission required under subsection (1)(a)(iii) may consist of:

(i) a single set of repair orders for calculating both the franchisee's prevailing retail labor rate and its parts markup;

(ii) separate sets of repair orders, one for calculating the franchisee's prevailing retail labor rate and the other for calculating its parts markup; or

(iii) a set of repair orders for calculating only the franchisee's prevailing retail labor rate or only its prevailing retail parts markup.

(2) The motor vehicle franchisee shall calculate its prevailing retail labor rate by determining the total charges for labor from the qualified repairs submitted and then dividing that amount by the total number of hours charged for the repairs.

(3) The motor vehicle franchisee shall calculate its prevailing retail parts markup by determining the total charges for parts from the qualified repairs submitted, dividing that amount by the franchisee's total cost of the purchase of those parts including shipping and other charges, subtracting 1, and multiplying by 100 to produce a percentage.

(4) The motor vehicle franchisee shall provide written notice to the motor vehicle franchisor of its prevailing retail labor rate or prevailing retail parts markup calculated in accordance with subsection (2) or (3) if the franchisee seeks to be compensated under subsection (1).

(5) Any discounts must be allocated as indicated on the face of a repair order between parts and labor. If no allocation is indicated, they must be allocated pro rata. Manufacturer or distributor promotional reward program cash-equivalent pay methods may not be considered discounts.

(6) (a) The prevailing retail labor rate or the prevailing retail parts markup that is declared must go into effect 30 days following the motor vehicle franchisor's receipt of the notice referred to in subsection (2) unless within the 30-day period the franchisor contests the declaration by written notice of objection, received by the motor vehicle franchisee within the 30-day period, that the declared rate or markup is materially inaccurate.

(b) The objection must contain:

(i) a full explanation of any and all reasons that the declared rate is materially inaccurate;

(ii) evidence substantiating each stated reason;

(iii) a copy of all calculations used by the franchisor to demonstrate the material inaccuracy; and

(iv) a proposed adjusted retail labor rate or retail parts rate, as applicable.

(c) The motor vehicle franchisor may not submit more than one notice of objection to the motor vehicle franchisee with respect to any declared labor rate or retail parts markup, except in connection with litigation. After submitting the notice of objection, the franchisor may not add to, expand, supplement, or otherwise modify any element of the objection, including but not limited to its grounds for contesting the labor rate or parts markup, except in connection with litigation.

(d) A revision or supplement to a submission to correct or clarify the submission does not constitute a new submission for any purpose, including but not limited to that of subsection (9).

(7) In a judicial proceeding or a department proceeding involving an application or enforcement of the provisions of 61-4-203 , 61-4-204 , and 61-4-210 (4):

(a) the issue must be limited to whether the labor rate or parts markup submitted by the motor vehicle franchisee was materially inaccurate;

(b) the motor vehicle franchisor has the burden of proof; and

(c) any resolution of the matter must be retroactive to the date 30 days following the franchisor's receipt of the franchisee's submission.

(8) A motor vehicle franchisor may not directly or indirectly:

(a) (i) require a motor vehicle franchisee to establish or alter its labor rate or parts markup by any means or methodology other than as prescribed in 61-4-204 ; or

(ii) except to object to or rebut a franchisee's declared retail labor rate or parts markup, itself initiate a process to establish or alter that labor rate or parts markup, including but not limited to:

(A) substituting any other purported qualified repair order sample for that submitted by a franchisee, including but not limited to the use, for purposes of establishing or reducing the franchisee's labor rate, of the franchisee's sample submitted for purposes of establishing or increasing its parts markup or the use, for purposes of establishing or reducing the franchisee's parts markup, of the franchisee's sample submitted for purposes of establishing or increasing its labor rate; or

(B) imposing an unduly burdensome or time-consuming method or requiring information that is unduly burdensome or time-consuming to provide, including but not limited to part-by-part or transaction-by-transaction calculations;

(b) recover or attempt to recover all or any portion of the franchisor's costs for compensating its dealers for warranty labor, parts, or supplies, either by reduction in the amount due or by separate charge or a surcharge to the wholesale price paid by the dealer to the franchisor for any product, including motor vehicles and parts;

(c) establish or implement a special part number for parts used in warranty work if it results in lower compensation to the franchisee than as calculated in this section;

(d) require, influence, or attempt to influence a franchisee to implement or change the prices for which it sells parts or labor in retail repairs;

(e) take or threaten to take adverse action against a franchisee who seeks to obtain compensation pursuant to this section or dissuade or discourage the franchisee from doing so, including but not limited to:

(i) creating or implementing an obstacle or process that is inconsistent with the franchisor's obligations to the franchisee under this section;

(ii) acting or failing to act, other than in good faith;

(iii) hindering, delaying, or rejecting the proper and timely payment of compensation due under this section to a franchisee;

(iv) establishing, implementing, enforcing, or applying any policy, standard, rule, program, or incentive regarding compensation due under this section other than in a uniform and consistent manner among the franchisor's franchisees in this state; or

(v) conducting or threatening to conduct any warranty repair, nonwarranty repair, or other service-related audit; or

(f) implement or continue a policy, procedure, or program to any of its franchisees for compensation that is inconsistent with this section.

(9) A motor vehicle franchisee may not submit, to establish or increase rates paid pursuant to subsections (1)(a)(iii) and (1)(b):

(a) its warranty labor rate more than once in a 12-month period; and

(b) its warranty parts markup more than once in a 12-month period.

(10) A recreational motor vehicle franchisee's warranty compensation for parts means actual wholesale cost plus a minimum 30% handling charge and any freight costs incurred to return the removed parts to the recreational motor vehicle franchisor.

(11) If a motor vehicle franchisor supplies a part or parts to a motor vehicle franchisee at no cost or at a reduced cost for use in fulfilling a warranty, the franchisor must compensate the franchisee for the franchisee's cost of the part, if any, plus an amount equal to the franchisee's prevailing retail parts markup, multiplied by the fair wholesale value of the part. The fair wholesale value of the part is the greater of:

(a) the amount the franchisee paid for the part or a substantially identical part if already owned by the franchisee;

(b) the cost of the part shown in a current or prior established price schedule of the franchisor; or

(c) the cost of a substantially identical part shown in a current or prior established price schedule of the franchisor.

(12) (a) The motor vehicle franchisor shall reimburse the motor vehicle franchisee for parts supplied and labor rendered under a warranty within 30 days after approval of a claim for reimbursement.

(b) All claims for reimbursement must be approved or disapproved within 30 days after receipt of the claim by the motor vehicle franchisor. When a claim is disapproved, the motor vehicle franchisee must be notified in writing of the grounds for the disapproval. A claim that has been approved and paid may not be charged back to the franchisee unless it can be shown that the claim was false or fraudulent, that the labor was not properly performed, or that the parts or labor were unnecessary to correct the defective condition.

(c) A manufacturer may not deny a claim or reduce the amount to be reimbursed to the dealer if the dealer has provided reasonably sufficient documentation demonstrating that the dealer performed the services in compliance with the written policies and procedures of the manufacturer known to the dealer at the time of submission of the claim.

(d) A manufacturer may not deny a claim based solely on a dealer's incidental failure to comply with a specific claim processing requirement, such as a clerical error or other administrative technicality that does not put into question the legitimacy of the claim.

(e) A franchisor may not audit a claim after the expiration of 12 months following the payment of the claim.

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

(a) "Labor" means work or service performed, including that of a diagnostic character, with respect to repair of a motor vehicle.

(b) "Parts" means original or replacement parts, accessories, and components with respect to a motor vehicle, including engine, transmission, and other parts assemblies.

(c) (i) "Qualified repair" means a repair to a vehicle that:

(A) would have come within the motor vehicle franchisor's new vehicle warranty but for the vehicle having exceeded the time or mileage limit of the warranty;

(B) does not otherwise constitute warranty work; and

(C) does not constitute any of the work encompassed by subsection (13)(c)(ii).

(ii) The term does not include:

(A) routine maintenance, including but not limited to replacements of fluids, filters, batteries, bulbs, belts, nuts, bolts, or fasteners, unless provided in the course of and related to a repair;

(B) replacements of or work on tires, wheels, or elements related to either tires or wheels, including but not limited to vehicle alignments and tire or wheel rotations;

(C) repairs for which volume discounts have been negotiated with government agencies, insurers, extended warranty or service contract providers, or other third-party payors;

(D) repairs that are the subject of motor vehicle franchisor special events, promotions, or service campaigns or are otherwise subject to motor vehicle franchisor discounts;

(E) repairs of motor vehicles owned by the dealer or an employee of the dealer;

(F) installations of accessories;

(G) repairs of conditions caused by collision, road hazard, the force of the elements, vandalism, theft, or owner, operator, or third-party negligence or deliberate acts;

(H) safety or vehicle emission inspections required by law;

(I) vehicle reconditioning;

(J) parts sold at wholesale;

(K) repairs using aftermarket parts; or

(L) goodwill repairs or replacements approved and reimbursed by the motor vehicle franchisor.

(d) "Qualified repair order" means a repair order that encompasses, in whole or in part, a qualified repair or repairs.

(e) "Repair order" means an invoice paid by a retail customer and closed as of the time of submission, encompassing one or more repairs to or other work on a vehicle, and reflecting, in the case of a prevailing retail parts markup submission, the cost of each part and its sale price and, in the case of a prevailing retail labor rate submission, the labor hours allocated to each job and the sale price of the labor. The invoice may be submitted in electronic form.

(f) "Warranty" means, in addition to a new motor vehicle warranty, predelivery preparation, a recall, or a certified preowned warranty, in each case issued or administered by a motor vehicle franchisor.
Mont. Code Ann. § 61-6-403 — MT Code / Title 61 / Chapter 6 / Part 4 / Section 61-6-403
61-6-403 Definitions
Status: in_force

61-6-403 . Definitions. As used in this part, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Automated driving system" means the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether the automated driving system is limited to a specific operational design domain.

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

(3) (a) "Dynamic driving task" means all of the real-time operational and tactical functions required to operate a motor vehicle in highway traffic, including:

(i) lateral vehicle motion control through steering;

(ii) longitudinal vehicle motion control through acceleration and deceleration;

(iii) monitoring the driving environment through object and event detection, recognition, classification, and response preparation;

(iv) object and event response execution;

(v) maneuver planning; and

(vi) enhancement of the conspicuousness of the vehicle with lights, signals, and gestures.

(b) The term does not include strategic functions, such as trip scheduling and the selection of destinations and waypoints.

(4) "Fallback ready user" means the user of a vehicle equipped with an engaged level 3 automated driving system who is a human driver and who is responsible to operate the vehicle if the automated driving system issues a request for the user of the vehicle to intervene or a system failure occurs.

(5) "Level 1 automated driving system" means an automated driving system that provides a driver with one of the following:

(a) braking and accelerating support; or

(b) steering support.

(6) "Level 2 automated driving system" means an automated driving system that provides a driver with both of the following:

(a) braking and accelerating support; and

(b) steering support.

(7) "Level 3 automated driving system" means an automated driving system that:

(a) has the capability to perform on a sustained basis the entire dynamic driving task within its operational design domain; and

(b) requires a fallback ready user to operate the vehicle after the automated driving system issues a request for the fallback ready user to intervene or a system failure occurs.

(8) "Level 4 automated driving system" means an automated driving system feature that, without any expectation a human driver will respond to a request to intervene, has the capability to perform:

(a) on a sustained basis the entire dynamic driving task within its operational design domain; and

(b) any maneuvers necessary to achieve a minimal risk condition in response to:

(i) an exit from the operational design domain of the automated driving system; or

(ii) a system failure.

(9) "Level 5 automated driving system" means an automated driving system feature that, without any expectation a human driver will respond to a request to intervene, has the capability to perform:

(a) on a sustained basis the entire dynamic driving task under all conditions that can reasonably be managed by a human driver; and

(b) any maneuvers necessary to respond to a system failure.

(10) "Operational design domain" means the operating conditions under which an automated driving system or a feature of an automated driving system is specifically designed to function, including:

(a) speed-range, environmental, geographical, and time-of-day restrictions; or

(b) the requisite presence or absence of certain traffic or roadway conditions.

(11) "Public highways of this state" has the same meaning as provided in 60-1-201 .
Mont. Code Ann. § 61-9-228 — MT Code / Title 61 / Chapter 9 / Part 2 / Section 61-9-228
61-9-228 Standards for lights on snow-removal equipment
Status: in_force

61-9-228 . Standards for lights on snow-removal equipment. (1) The commission shall adopt standards and specifications applicable to headlamps, clearance lamps, and identification and other lamps on snow-removal equipment when operated on the highways of this state in lieu of the lamps otherwise required on motor vehicles by this chapter. The standards and specifications may permit the use of flashing lights and all colored lights, except blue lights, for purposes of identification on snow-removal equipment when in service on the highways.

(2) It is unlawful to operate any snow-removal equipment on any highway unless the lamps on the equipment comply with and are lighted when and as required by the standards and specifications adopted as provided in this section.
Mont. Code Ann. § 61-3-474 — MT Code / Title 61 / Chapter 3 / Part 4 / Section 61-3-474
61-3-474 Responsibility for design of generic specialty license plates -- numbering -- approval -- registration decal -- listing of plate sponsors
Status: in_force

61-3-474 . Responsibility for design of generic specialty license plates -- numbering -- approval -- registration decal -- listing of plate sponsors. (1) The department shall:

(a) design the background and general format of generic specialty license plates, including ensuring the readability of a generic specialty license plate design;

(b) in consultation with the department of corrections, determine which license plate processing system is the most efficient and versatile manufacturing method for the production of generic specialty license plates; and

(c) use a numbering system for generic specialty license plates that is distinctive from the numbering system required under 61-3-332 or used for collegiate license plates.

(2) All sponsor names, identifying phrases, and graphics intended for use on generic specialty license plates must be approved by the department prior to the manufacture of the plates.

(3) Upon the issuance of generic specialty license plates, a registration decal must be affixed to the license plates as provided in 61-3-332 .

(4) The department shall maintain a list of the sponsors that have been approved to promote the sale and issuance of generic specialty license plates, the initial distribution date for sale of each sponsored generic specialty license plate, and the donation fee established by the sponsor for each sponsored generic specialty license plate. The department shall, upon request, make copies of this list available to interested members of the public.

(5) The department shall revoke its previous approval of a sponsor's generic specialty license plate sponsorship if:

(a) the sponsor fails to comply with the provisions of 61-3-472 through 61-3-481 ;

(b) within 3 years of the date of the initial distribution of the sponsored generic specialty license plate, fewer than 400 sets of a sponsor's generic specialty license plate have been sold or renewed;

(c) any time after 3 years following the date of the initial distribution of the sponsored generic specialty license plate, there are fewer than 400 sets of the sponsored generic specialty license plate with a current registration; or

(d) the department has reliable information that the sponsor is no longer qualified for sponsorship under 61-3-472 through 61-3-481 .

(6) (a) Upon revocation of a sponsor's generic specialty license plate sponsorship status, the issuance and sale of the sponsor's generic specialty license plates must be terminated.

(b) A person who owns a motor vehicle displaying valid generic specialty license plates affiliated with a sponsor whose sponsorship status has been revoked may continue to display those generic specialty license plates on the person's motor vehicle until the motor vehicle's registration is renewed.

(c) Following revocation of a sponsor's sponsorship status, the department may not issue replacements or duplicates of generic specialty license plates affiliated with that sponsor.
Mont. Code Ann. § 61-8-704 — MT Code / Title 61 / Chapter 8 / Part 7 / Section 61-8-704
61-8-704 Erection of signs -- definition
Status: in_force

61-8-704 . Erection of signs -- definition. (1) The operator of a motor vehicle may not be arrested under 61-8-703 unless signs have been placed at or near the state line on the primary highway system, outside towns or cities having over 2,500 population, and outside county seats on the primary highways to indicate the legal rate of speed.

(2) Any municipality that uses radio microwaves or another electrical device for law enforcement purposes shall erect and maintain appropriate signs giving notice of that use at a conspicuous place at or near the corporate limits of the municipality, upon each state highway and arterial street or highway entering the municipality, and at other places considered necessary by the municipal authorities for the information of the traveling public.

(3) Signs giving notice that the speed of vehicles may be measured by radio microwaves or other electrical device must be placed as required for speed signs in subsection (1). However, the absence of signs may not in itself invalidate an otherwise proper arrest.

(4) As used in this section, "arterial street" means any federal or state numbered route, controlled-access highway, or other major radial or circumferential street or highway designated by local authorities within their respective jurisdictions as part of a major arterial system or highway.
Mont. Code Ann. § 61-12-301 — MT Code / Title 61 / Chapter 12 / Part 3 / Section 61-12-301
61-12-301 Terms defined
Status: in_force

61-12-301 . Terms defined. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Agent" means a person who solicits the purchase of service contracts or transmits for another a service contract or application for a service contract to or from the company or who acts or aids in any manner in the delivery or negotiation of any service contract or of the renewal or continuance of a service contract.

(2) "Bail bond service" means any act or acts by a company the purpose of which is to furnish or procure for any person accused of violation of any law of this state a cash deposit, bond, or other undertaking required by law in order that the accused might enjoy the accused's personal freedom pending trial.

(3) "Buying and selling service" means any act or acts of a company whereby the holder of a service contract with the company is aided in any way in the purchase or sale of an automobile.

(4) "Commissioner" means the commissioner of insurance of the state of Montana or the commissioner's assistants or deputies or other persons authorized to act for the commissioner.

(5) "Company" means any person, firm, partnership, company, association, or corporation engaged in selling, furnishing, or procuring, either as principal or agent, for a consideration, motor club service.

(6) "Discount service" means any act or acts by a company resulting in the giving of special discounts, rebates, or reductions of price on gasoline, oil, repairs, insurance, parts, accessories, or service for motor vehicles to holders of service contracts with the company.

(7) "Emergency road service" means any act or acts by a company consisting of the adjustment, repair, or replacement of the equipment, tires, or mechanical parts of any automobile so as to permit it to be operated under its own power.

(8) "Financial service" means any act or acts by a company whereby loans or other advances of money, with or without security, are made to holders of service contracts with the company.

(9) "Legal service" means any act or acts by a company consisting of the hiring, retaining, engaging, or appointing of an attorney or other person to give professional advice to or represent holders of service contracts with the company in court as the result of liability incurred by the right of action accruing to the holder of a service contract as a result of the ownership, operation, use, or maintenance of a motor vehicle.

(10) "Map service" means any act or acts by a company by which road maps are furnished without cost to holders of service contracts with the company.

(11) "Motor club service" means the rendering, furnishing, or procuring of towing service, emergency road service, insurance service, bail bond service, legal service, discount service, financial service, buying and selling service, theft service, map service, and touring service, or any three or more enumerated services to any person or persons in connection with the ownership, operation, use, or maintenance of a motor vehicle by the other person or persons in consideration of the other person or persons being or becoming a member or members of any company rendering, procuring, or furnishing the services, being or becoming in any manner affiliated with the company, or being or becoming entitled to receive membership or other motor club service from the company by virtue of any agreement or understanding with the company.

(12) "Service contract" means any agreement or understanding whereby any company for a consideration promises to render, furnish, or procure for any other person or persons, whether they be members of the company or otherwise, motor club service.

(13) "Theft service" means any act or acts by a company the purpose of which is to locate, identify, or recover a motor vehicle owned or controlled by the holder of a service contract with the company that has been or may be stolen or to detect or apprehend the person guilty of the theft.

(14) "Touring service" means any act or acts by a company by which touring information is furnished without cost to holders of service contracts with the company.

(15) "Towing service" means any act or acts by a company consisting of the drafting or moving of a motor vehicle from one place to another under other than its own power.
Mont. Code Ann. § 61-9-229 — MT Code / Title 61 / Chapter 9 / Part 2 / Section 61-9-229
61-9-229 Flashing amber light on mail delivery vehicle
Status: in_force

61-9-229 . Flashing amber light on mail delivery vehicle. (1) A vehicle engaged in delivery of United States mail may be equipped with a blinker-type or revolving amber light mounted on the top of the vehicle, and the light may be illuminated while the vehicle is engaged in delivery of mail.

(2) A person delivering the United States mail and illuminating an amber light on a privately owned motor vehicle shall carry attached to the motor vehicle an identification card showing the name of the owner of the vehicle and signed by the postmaster authorizing the use of the amber light.
Mont. Code Ann. § 61-9-422 — MT Code / Title 61 / Chapter 9 / Part 4 / Section 61-9-422
61-9-422 Evidence admissible without presumption of negligence
Status: in_force

61-9-422 . Evidence admissible without presumption of negligence. Evidence of compliance or failure to comply with 61-9-420 is admissible in any civil action for personal injury or property damage resulting from the use or operation of a motor vehicle, but failure to comply with 61-9-420 does not alone constitute negligence.
Mont. Code Ann. § 61-3-727 — MT Code / Title 61 / Chapter 3 / Part 7 / Section 61-3-727
61-3-727 Fleet registration -- denial when no reciprocity
Status: in_force

61-3-727 . Fleet registration -- denial when no reciprocity. The department may refuse to accept proportional registration applications for the registration of motor vehicles, trailers, semitrailers, or pole trailers based in another jurisdiction or owned by residents of another jurisdiction if the department finds that the other jurisdiction does not grant similar registration privileges to fleet motor vehicles, trailers, semitrailers, or pole trailers based in or owned by residents of this state.
Mont. Code Ann. § 61-8-1007 — MT Code / Title 61 / Chapter 8 / Part 10 / Section 61-8-1007
61-8-1007 Penalty for driving under influence -- first through third offenses
Status: in_force

61-8-1007 . Penalty for driving under influence -- first through third offenses. (1) (a) Except as provided in subsection (1)(b) or (1)(c), a person convicted of a violation of 61-8-1002 (1)(a) shall be punished as follows:

(i) for a first violation, by imprisonment for not less than 24 consecutive hours or more than 6 months and by a fine of not less than $600 or more than $1,000, except that if one or more passengers under 16 years of age were in the vehicle at the time of the offense, the person shall be punished by imprisonment for not less than 48 consecutive hours or more than 1 year and by a fine of not less than $1,200 or more than $2,000;

(ii) for a second violation, by imprisonment for not less than 7 days or more than 1 year and by a fine of not less than $1,200 or more than $2,000, except that if one or more passengers under 16 years of age were in the vehicle at the time of the offense, the person shall be punished by imprisonment for not less than 14 days or more than 1 year and a fine of not less than $2,400 or more than $4,000; or

(iii) for a third violation, by imprisonment for not less than 30 days or more than 1 year and by a fine of not less than $2,500 or more than $5,000, except that if one or more passengers under 16 years of age were in the vehicle at the time of the offense, the person shall be punished by imprisonment for not less than 60 days or more than 1 year and by a fine of not less than $5,000 or more than $10,000.

(b) If the person has a prior conviction under 45-5-106 or 45-5-107 , the person shall be punished as provided in 61-8-1008 .

(c) If the person has a prior conviction or pending charge for a violation of driving under the influence, including 61-8-1002 (1)(a), (1)(b), (1)(c), or (1)(d), or a similar offense under previous laws of this state or the laws of another state that meets the definition of aggravated driving under the influence in 61-8-1001 , the person shall be punished as provided in subsection (4).

(d) The mandatory minimum imprisonment term may not be served under home arrest and may not be suspended unless the judge finds that the imposition of the imprisonment sentence will pose a risk to the person's physical or mental well-being.

(e) The remainder of the imprisonment sentence may be suspended for a period of up to 1 year pending the person's successful completion of a chemical dependency treatment program pursuant to 61-8-1009 . During any suspended portion of sentence imposed by the court:

(i) the person is subject to all conditions of the suspended sentence imposed by the court, including mandatory participation in drug or DUI courts, if available;

(ii) the person is subject to all conditions of the 24/7 sobriety and drug monitoring program, if available and if imposed by the court; and

(iii) if the person violates any condition of the suspended sentence or any treatment requirement, the court may impose the remainder of any imprisonment term that was imposed and suspended.

(2) (a) Except as provided in subsection (2)(b) or (2)(c), a person convicted of a violation of 61-8-1002 (1)(b), (1)(c), (1)(d), or (1)(f) shall be punished as follows:

(i) for a first violation, by imprisonment for not more than 6 months and by a fine of not less than $600 or more than $1,000, except that if one or more passengers under 16 years of age were in the vehicle at the time of the offense, the person shall be punished by imprisonment for not more than 6 months and by a fine of not less than $1,200 or more than $2,000;

(ii) for a second violation, by imprisonment for not less than 5 days or more than 1 year and by a fine of not less than $1,200 or more than $2,000, except that if one or more passengers under 16 years of age were in the vehicle at the time of the offense, the person shall be punished by imprisonment for not less than 10 days or more than 1 year and by a fine of not less than $2,400 or more than $4,000; or

(iii) for a third violation, by imprisonment for not less than 30 days or more than 1 year and by a fine of not less than $2,500 or more than $5,000, except that if one or more passengers under 16 years of age were in the vehicle at the time of the offense, the person shall be punished by imprisonment for not less than 60 days or more than 1 year and by a fine of not less than $5,000 or more than $10,000.

(b) If the person has a prior conviction under 45-5-106 or 45-5-107 , the person shall be punished as provided in 61-8-1008 .

(c) If the person has a prior conviction or pending charge for a violation of driving under the influence, including 61-8-1002 (1)(a), (1)(b), (1)(c), or (1)(d), or a similar offense under previous laws of this state or the laws of another state that meets the definition of aggravated driving under the influence in 61-8-1001 , the person shall be punished as provided in subsection (4).

(d) The mandatory minimum imprisonment term may not be served under home arrest and may not be suspended unless the judge finds that the imposition of the imprisonment sentence will pose a risk to the person's physical or mental well-being.

(e) The remainder of the imprisonment sentence may be suspended for a period of up to 1 year pending the person's successful completion of a chemical dependency treatment program pursuant to 61-8-1009 . During any suspended portion of sentence imposed by the court:

(i) the person is subject to all conditions of the suspended sentence imposed by the court, including mandatory participation in drug or DUI courts, if available;

(ii) the person is subject to all conditions of the 24/7 sobriety and drug monitoring program, if available and if imposed by the court; and

(iii) if the person violates any condition of the suspended sentence or any treatment requirement, the court may impose the remainder of any imprisonment term that was imposed and suspended.

(3) (a) A person convicted of a violation of 61-8-1002 (1)(e) shall be punished as follows:

(i) Upon a first conviction under this section, a person shall be punished by a fine of not less than $100 or more than $500.

(ii) Upon a second conviction under this section, a person shall be punished by a fine of not less than $200 or more than $500 and, if the person is 18 years of age or older, by incarceration for not more than 10 days.

(iii) Upon a third or subsequent conviction under this section, a person shall be punished by a fine of not less than $300 or more than $500 and, if the person is 18 years of age or older, by incarceration for not less than 24 consecutive hours or more than 60 days.

(iv) In addition to the punishment provided in this section, regardless of disposition:

(A) the person shall comply with the chemical dependency education course and chemical dependency treatment provisions in 61-8-1009 as ordered by the court; and

(B) the department shall suspend the person's driver's license for 90 days upon the first conviction, 6 months upon the second conviction, and 1 year upon the third or subsequent conviction. A restricted or probationary driver's license may not be issued during the suspension period until the person has paid a license reinstatement fee in accordance with 61-2-107 and, if the person was under the age of 18 at the time of the offense, has completed at least 30 days of the suspension period.

(b) A conviction under this section may not be counted as a prior offense or conviction under 61-8-1007 , 61-8-1008 , and 61-8-1011 .

(4) (a) A person convicted of a violation under 61-8-1002 charged as aggravated driving under the influence, as defined in 61-8-1001 , shall be punished as follows:

(i) for a first violation, by imprisonment for not less than 2 days or more than 1 year and by a fine of $1,000, except that if one or more passengers under 16 years of age were in the vehicle at the time of the offense, the person shall be punished by imprisonment for not less than 4 consecutive days or more than 1 year and by a fine of $2,000;

(ii) for a second violation, by imprisonment for not less than 15 days or more than 1 year and by a fine of $2,500, except that if one or more passengers under 16 years of age were in the vehicle at the time of the offense, the person shall be punished by imprisonment for not less than 45 days or more than 1 year and by a fine of $5,000; or

(iii) for a third violation, by imprisonment for not less than 40 consecutive days or more than 1 year and by a fine of $5,000, except that if one or more passengers under 16 years of age were in the vehicle at the time of the offense, the person shall be punished by imprisonment for not less than 90 consecutive days or more than 1 year and by a fine of $10,000.

(b) The mandatory minimum imprisonment term may not be served under home arrest and may not be suspended unless the judge finds that the imposition of the imprisonment sentence will pose a risk to the person's physical or mental well-being.

(c) The remainder of the imprisonment sentence may be suspended for a period of up to 1 year pending the person's successful completion of a chemical dependency treatment program pursuant to 61-8-1009 . During any suspended portion of sentence imposed by the court:

(i) the person is subject to all conditions of the suspended sentence imposed by the court, including mandatory participation in drug or DUI courts, if available;

(ii) the person is subject to all conditions of the 24/7 sobriety and drug monitoring program, if available and if imposed by the court; and

(iii) if the person violates any condition of the suspended sentence or any treatment requirement, the court may impose the remainder of any imprisonment term that was imposed and suspended.

(d) If the person has a prior conviction under 45-5-106 or 45-5-107 , the person shall be punished as provided in 61-8-1008 .

(5) In addition to the punishment provided in this section, regardless of disposition, the person shall comply with the chemical dependency education course and chemical dependency treatment provisions in 61-8-1009 as ordered by the court.

(6) A person punished pursuant to this section is subject to mandatory revocation or suspension of the person's driver's license as provided in chapter 5.
Mont. Code Ann. § 61-3-456 — MT Code / Title 61 / Chapter 3 / Part 4 / Section 61-3-456
61-3-456 Registration of motor vehicle owned and operated by Montana resident on active military duty stationed outside Montana
Status: in_force

61-3-456 . Registration of motor vehicle owned and operated by Montana resident on active military duty stationed outside Montana. (1) As an incentive for military service, an owner of a motor vehicle, trailer, semitrailer, or pole trailer who is a Montana resident, including a national guard or reserve member, and who is stationed outside Montana may file with the department an application for the registration of the motor vehicle, trailer, semitrailer, or pole trailer. The application must be sworn to before an officer authorized to administer oaths. The application must state:

(a) the name and address of the owner;

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

(c) that the motor vehicle, trailer, semitrailer, or pole trailer is owned and operated by a Montana resident who meets the qualifications of subsection (1) and is on active military duty and stationed outside Montana.

(2) The registration fee for a motor vehicle, trailer, semitrailer, or pole trailer registered under subsection (1) is as provided in 61-3-321 .

(3) A motor vehicle, trailer, semitrailer, or pole trailer registered under this section is not subject to:

(a) the taxes or fees described in 61-3-303 (6);

(b) the fee in lieu of tax under 61-3-529 or the registration fee under 61-3-321 (2) or 61-3-562 ; or

(c) any of the fees provided in part 5 of this chapter.
Mont. Code Ann. § 61-8-365 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-365
61-8-365 Putting refuse on highway prohibited
Status: in_force

61-8-365 . Putting refuse on highway prohibited. (1) A person may not throw or deposit upon a highway glass bottles, glass, nails, tacks, wire, cans, plastic bottles, plastic, paper, or any other debris. A person may not throw or deposit upon a highway any substance likely to injure a person or animal or damage a vehicle upon the highway.

(2) A person who drops or permits to be dropped or thrown upon a highway destructive or injurious material shall immediately remove the material or cause it to be removed.

(3) A person who removes a wrecked or damaged vehicle from a highway shall remove glass or any other injurious substance dropped upon the highway from the vehicle.

(4) Except as provided in 61-8-372 and subsection (5) of this section, a person convicted of violating this section shall be fined not more than $250. Except for the maximum fine of $250 as provided in this subsection and except for the maximum fine of $500 as provided in 61-8-372 , the penalty provisions of 61-8-711 apply to this section.

(5) A person may not throw or deposit upon a highway plastic bottles or any other containers in which urine or feces have been deposited. A person convicted of violating this subsection shall be fined not more than $1,000. The department shall make information about this subsection available at all weigh stations.
Mont. Code Ann. § 61-9-223 — MT Code / Title 61 / Chapter 9 / Part 2 / Section 61-9-223
61-9-223 Lighting equipment on motor-driven cycles
Status: in_force

61-9-223 . Lighting equipment on motor-driven cycles. The headlamp or headlamps upon every motor-driven cycle may be of the single-beam or multiple-beam type but in either event shall comply with the requirements and limitations as follows:

(1) Every said headlamp or headlamps on a motor-driven cycle shall be of sufficient intensity to reveal a person or a vehicle at a distance of not less than 100 feet when the motor-driven cycle is operated at any speed less than 25 miles per hour and at a distance of not less than 200 feet when the motor-driven cycle is operated at a speed of 25 or more miles per hour, and at a distance of not less than 300 feet when the motor-driven cycle is operated at a speed of 35 or more miles per hour.

(2) In the event the motor-driven cycle is equipped with a multiple-beam headlamp or headlamps the upper beam shall meet the minimum requirements set forth above and shall not exceed the limitations set forth in 61-9-220 (1) and the lowermost beam shall meet the requirements applicable to a lowermost distribution of light as set forth in 61-9-220 (2).

(3) In the event the motor-driven cycle is equipped with a single-beam lamp or lamps, said lamp or lamps shall be so aimed that when the vehicle is loaded none of the high-intensity portion of light at a distance of 25 feet ahead shall project higher than the level of the center of the lamp from which it comes.
Mont. Code Ann. § 61-6-151 — MT Code / Title 61 / Chapter 6 / Part 1 / Section 61-6-151
61-6-151 Violations -- penalties
Status: in_force

61-6-151 . Violations -- penalties. (1) Any person who shall forge or, without authority, sign any evidence of proof of financial responsibility or who files or offers for filing any such evidence of proof knowing or having reason to believe that it is forged or signed without authority shall be fined not more than $1,000 or imprisoned for not more than 1 year or both.

(2) Any person whose license or nonresident's operating privilege has been suspended or revoked under this part and who, during such suspension or revocation drives any motor vehicle upon any highway or knowingly permits any motor vehicle owned by such person to be operated by another upon any highway, except as permitted under this part, shall be fined not more than $500 or imprisoned not exceeding 6 months or both.

(3) Any person willfully failing to return a license as required in 61-6-112 shall be fined not more than $500 or imprisoned not to exceed 30 days or both.

(4) Any person who shall violate any provision of this part for which no penalty is otherwise provided shall be fined not more than $500 or imprisoned not more than 90 days or both.
Mont. Code Ann. § 61-3-206 — MT Code / Title 61 / Chapter 3 / Part 2 / Section 61-3-206
61-3-206 Odometer disclosure requirements on transfer of vehicle -- dealer to preserve record
Status: in_force

61-3-206 . Odometer disclosure requirements on transfer of vehicle -- dealer to preserve record. (1) Except as provided in subsection (4), before executing any transfer of ownership document relating to a motor vehicle, each seller of a motor vehicle shall record on the certificate of title the odometer reading at the time of transfer or, if the certificate of title does not provide for the recording of the odometer reading, furnish to the purchaser a written statement, to be signed by the seller, that contains the following information:

(a) the odometer reading at the time of transfer;

(b) the date of transfer;

(c) the seller's name and current address;

(d) the purchaser's name and current address;

(e) the motor vehicle year, make, model, body style, and identification number;

(f) one of the following statements or certification:

(i) a certification by the seller that, to the best of the seller's knowledge, the odometer reading reflects the actual miles or kilometers the vehicle has been driven;

(ii) if the seller knows that the odometer reading reflects the amount of mileage in excess of the designed mechanical odometer limit of 99,999 miles or kilometers, the seller shall include a statement to that effect; or

(iii) if the seller knows that the odometer reading differs from the number of miles or kilometers the motor vehicle has actually traveled and that the difference is greater than that caused by odometer calibration error, the seller shall include a statement that the odometer reading is not the actual mileage and should not be relied upon.

(2) The purchaser shall acknowledge receipt of the disclosure statement by signing it.

(3) For the purposes of this section, an odometer disclosure statement may be executed in electronic form and used with an electronic signature pursuant to Title 30, chapter 18, part 1.

(4) The seller of the following types of motor vehicles need not disclose the odometer reading of the vehicle as required in subsection (1):

(a) a motor vehicle with a 2010 model year or earlier;

(b) a motor vehicle with a 2011 model year or later that is 20 years old or older;

(c) a vehicle, trailer, semitrailer, pole trailer, travel trailer, camper, or sailboat that is not self-propelled;

(d) a new motor vehicle transferred between dealers or wholesalers prior to its first retail sale, unless the motor vehicle has been used as a demonstrator;

(e) a motor vehicle having a gross weight rating of more than 16,000 pounds; or

(f) a motor vehicle sold directly by the manufacturer to an agency of the United States.

(5) A dealer, an auto auction, or a wholesaler licensed under chapter 4 of this title shall create a record of the information required in subsection (1) and shall maintain and preserve that record for at least 5 years after the date of sale of the motor vehicle to which the information pertains.

(6) A person convicted of violating this section is subject to the penalties provided in 61-3-607 .
Mont. Code Ann. § 61-5-206 — MT Code / Title 61 / Chapter 5 / Part 2 / Section 61-5-206
61-5-206 Authority of department to suspend or revoke license or driving privilege -- right to hearing
Status: in_force

61-5-206 . Authority of department to suspend or revoke license or driving privilege -- right to hearing. (1) The department may suspend or revoke the driver's license or driving privilege of a driver without preliminary hearing upon a showing by its records or other sufficient evidence that the licensee:

(a) has committed or permitted an unlawful or fraudulent use of the license as specified in 61-5-302 ;

(b) has falsified the licensee's date of birth on the application for a driver's license;

(c) is under 21 years of age and has altered the licensee's or another's driver's license, identification card, or tribal identification card to obtain alcohol; or

(d) has authorized another to use the licensee's driver's license, identification card, or tribal identification card to obtain alcohol.

(2) If the department suspends or revokes a driver's license under 61-5-207 or this section or reinstates a license suspension or revocation upon conviction or forfeiture of bail not vacated of any traffic violation by a person who holds a probationary driver's license under 61-2-302 , the department shall immediately notify the licensee in writing and upon the licensee's request shall afford the licensee an opportunity for a hearing as early as practical, within 20 days after receipt of the request, in the county in which the licensee resides unless the department and the licensee agree that the hearing may be held in some other county. At the hearing, the department through its authorized agent may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the licensee. At the hearing, the department shall either rescind its order of suspension or revocation or, for good cause, may affirm, reduce, or extend the period of suspension or revocation of the license.
Mont. Code Ann. § 61-2-206 — MT Code / Title 61 / Chapter 2 / Part 2 / Section 61-2-206
61-2-206 Governmental agencies to cooperate with equipment safety commission
Status: in_force

61-2-206 . Governmental agencies to cooperate with equipment safety commission. Within appropriations available therefor, the departments, agencies, and officers of the government of this state may cooperate with and assist the vehicle equipment safety commission within the scope contemplated by Article III(8) of the compact. The departments, agencies, and officers of the government of this state are authorized generally to cooperate with said commission.
Mont. Code Ann. § 61-5-105 — MT Code / Title 61 / Chapter 5 / Part 1 / Section 61-5-105
61-5-105 Who may not be licensed
Status: in_force

61-5-105 . Who may not be licensed. The department may not issue a license under this chapter to a person:

(1) who is under 15 years of age unless the person is at least 13 years of age and, because of individual hardship, to be determined by the department, needs a restricted license;

(2) whose license or driving privilege is currently suspended, revoked, or canceled, except as provided in 61-5-232 , or who is disqualified from operating a commercial motor vehicle in this or any state, as evidenced by an ineligible status report from the national driver register, established under 49 U.S.C. 30302, or from the commercial driver's license information system, established under 49 U.S.C. 31309;

(3) who is addicted to the use of alcohol or narcotic drugs;

(4) who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who, at the time of application, has not been restored to competency by the methods provided by law;

(5) who is required by this chapter to take an examination;

(6) who has not deposited proof of financial responsibility when required under the provisions of chapter 6 of this title;

(7) who has any condition characterized by lapse of consciousness or control, either temporary or prolonged, that is or may become chronic. However, the department may, in its discretion, issue a license to an otherwise qualified person suffering from a condition if the afflicted person's attending physician, licensed physician assistant, or advanced practice registered nurse, as defined in 37-8-102 , attests in writing that the person's condition has stabilized and would not be likely to interfere with that person's ability to operate a motor vehicle safely and, if a commercial driver's license is involved, the person is physically qualified to operate a commercial motor vehicle under applicable state or federal regulations.

(8) who lacks the functional ability, due to a physical or mental disability or limitation, to safely operate a motor vehicle on the highway;

(9) who is not a resident of or domiciled in Montana except as provided in 61-5-103 (3); or

(10) whose presence in the United States is not authorized under federal law. When an applicant who is not a citizen of the United States applies for a driver's license, the department shall verify that the applicant is lawfully present in the United States by using the federal systematic alien verification for entitlements program. The department may not accept a driver's license issued by another state as proof that an applicant is lawfully present in the United States under federal law.
Mont. Code Ann. § 61-7-102 — MT Code / Title 61 / Chapter 7 / Part 1 / Section 61-7-102
61-7-102 Application
Status: in_force

61-7-102 . Application. The provisions of this part shall apply upon highways and elsewhere throughout the state.
Mont. Code Ann. § 61-4-203 — MT Code / Title 61 / Chapter 4 / Part 2 / Section 61-4-203
61-4-203 Administration
Status: in_force

61-4-203 . Administration. The department shall supervise and regulate all persons required by this part to be licensed. In the supervision and regulation thereof the department may:

(1) make investigations it considers necessary; and

(2) conduct hearings and compel attendance of witnesses at the hearings pursuant to the Montana Administrative Procedure Act.
Mont. Code Ann. § 61-3-713 — MT Code / Title 61 / Chapter 3 / Part 7 / Section 61-3-713
61-3-713 Authority of department of transportation
Status: in_force

61-3-713 . Authority of department of transportation. The department of transportation may execute or make arrangements, agreements, or declarations to carry out 61-3-711 through 61-3-733 .
Mont. Code Ann. § 61-12-1001 — MT Code / Title 61 / Chapter 12 / Part 10 / Section 61-12-1001
61-12-1001 Definitions
Status: in_force

61-12-1001 . Definitions. As used in this part, the following definitions apply:

(1) "Event data recorder" has the meaning provided in 49 CFR 563.5 as in effect on October 1, 2011.

(2) "Owner" means a person:

(a) in whose name a motor vehicle is registered or titled;

(b) who leases a motor vehicle for at least 3 months;

(c) who is entitled to possession of a motor vehicle as the purchaser under a security agreement; or

(d) who is the attorney-in-fact, conservator, or personal representative for a person described in subsections (2)(a) through (2)(c).
Mont. Code Ann. § 61-3-571 — MT Code / Title 61 / Chapter 3 / Part 5 / Section 61-3-571
61-3-571 Definitions
Status: in_force

61-3-571 . Definitions. As used in this part, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Class 1 vehicle" means a vehicle having an unladen gross weight of less than 6,000 pounds.

(2) "Class 2 vehicle" means a vehicle having an unladen gross weight of at least 6,000 pounds but not more than 10,000 pounds.

(3) "Class 3 vehicle" means a vehicle having an unladen gross weight of greater than 10,000 pounds but not greater than 26,000 pounds.

(4) "Class 4 vehicle" means a vehicle having an unladen gross weight in excess of 26,000 pounds.

(5) (a) "Electric vehicle" means a vehicle that:

(i) is originally equipped with a 100%-electric motor that draws propulsion energy solely from a battery with at least 20 kilowatt hours of capacity that can be recharged from an external source of electricity;

(ii) has at least four wheels; and

(iii) is manufactured primarily for use on public streets, roads, and highways.

(b) The term does not include:

(i) a low-speed electric vehicle; or

(ii) a medium-speed electric vehicle.

(6) "Plug-in hybrid electric vehicle" means a vehicle that:

(a) is originally equipped so that the vehicle draws propulsion from an internal combustion engine and a battery with at least 5 kilowatt hours of capacity that can be recharged from an external source of electricity;

(b) has at least four wheels; and

(c) is manufactured primarily for use on public streets, roads, and highways.