Mont. Code Ann. § 61-4-102 — MT Code / Title 61 / Chapter 4 / Part 1 / Section 61-4-102
61-4-102 Dealer plates -- restriction of use -- fees -- definitions
Status: in_force

61-4-102 . Dealer plates -- restriction of use -- fees -- definitions. (1) Except as provided in subsection (2), the department shall furnish a dealer licensed under this part with one or more sets of numbered dealer plates in accordance with the provisions of this section.

(2) Dealer plates may not be issued to a new or used dealer whose business is restricted to the sale of motorcycles, power sports vehicles, or trailers.

(3) (a) In addition to the fees required under the provisions of 61-4-101 and 61-4-124 , an applicant for a dealer's license shall pay an annual fee of $25 for each set of numbered dealer plates requested and issued.

(b) The number of dealer plates that may be issued to a dealer must be determined as follows:

(i) a dealer is entitled to one set of dealer plates upon the issuance of an original license or a renewed license;

(ii) an applicant qualified for a license renewal is entitled to additional sets of numbered plates based on the following formula:

(A) 5% of the first 100 motor vehicle sales for the previous year; plus

(B) 3% of the next 100 motor vehicle sales for the previous year; plus

(C) 2% of motor vehicle sales in excess of 200 for the previous year; and

(iii) a dealer is entitled to additional sets of dealer plates during a license term as the dealer's sales incrementally meet or exceed the requirements of the formula established in subsection (3)(b)(ii). However, the aggregate number of sets of dealer plates issued to a dealer under this subsection (3)(b)(iii) may not exceed the combined number allowed under subsections (3)(b)(i) and (3)(b)(ii).

(4) (a) A dealer is authorized to use and display dealer plates on a motor vehicle, except a motorcycle, held for bona fide sale by the dealer and that is operated by or under the control of the dealer, the dealer's spouse, officers, or employees. The display of a Monroney label or a buyer's guide label, as required by 61-4-123 (2), on a motor vehicle bearing dealer plates is, for the purpose of this subsection (4), prima facie evidence that the motor vehicle is offered for bona fide sale by the dealer.

(b) As used in this subsection (4):

(i) the term "officers" includes only the persons listed on the manufacturer's franchise agreement or the importer's distribution agreement; and

(ii) the term "employees" means persons upon whom the dealer has paid social security taxes as a full-time employee.

(5) Dealer plates may not be used or displayed on motor vehicles used for hire, lease, or rental.

(6) (a) A dealer is accountable for each set of numbered dealer plates issued and, except as provided in subsection (6)(b), shall file an annual report with the department certifying the disposition of each set of dealer plates assigned to the dealer and specifying the name, address, and occupation of the person primarily using each set of plates.

(b) Upon reassignment of one or more sets of dealer plates to another person, within 15 days of the reassignment, the dealer shall notify the department, in a manner prescribed by the department, of the name, address, and occupation of the person to whom the plates were assigned.
Mont. Code Ann. § 61-8-206 — MT Code / Title 61 / Chapter 8 / Part 2 / Section 61-8-206
61-8-206 Local traffic control devices
Status: in_force

61-8-206 . Local traffic control devices. (1) Local authorities in their respective jurisdictions shall place and maintain traffic control devices upon highways under their jurisdiction that they consider necessary to indicate and to carry out the provisions of this chapter or local traffic ordinances or to regulate, warn, or guide traffic. All traffic control devices must conform to the state manual and specifications.

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

(b) Subsection (2)(a) does not apply to automated enforcement systems attached to traffic control devices at railroad grade crossings.
Mont. Code Ann. § 61-10-147 — MT Code / Title 61 / Chapter 10 / Part 1 / Section 61-10-147
61-10-147 Penalties for using highway when use is restricted
Status: in_force

61-10-147 . Penalties for using highway when use is restricted. (1) It is a misdemeanor for a person, firm, or corporation to violate any of the provisions of 61-10-128 (2).

(2) A person, firm, or corporation first convicted of a misdemeanor for a violation of any of the provisions of 61-10-128 (2) shall be punished by a fine of not less than $10 or more than $50. For a second conviction within 1 year the person, firm, or corporation shall be punished by a fine of not less than $50 or more than $200. On a third or subsequent conviction within 1 year after the first conviction the person, firm, or corporation shall be punished by a fine of not less than $200 or more than $500.
Mont. Code Ann. § 61-6-302 — MT Code / Title 61 / Chapter 6 / Part 3 / Section 61-6-302
61-6-302 Proof of compliance -- definition
Status: in_force

61-6-302 . Proof of compliance -- definition. (1) The registration receipt required by 61-3-322 must contain a statement that unless the vehicle is eligible for an exemption under 61-6-303 , it is unlawful to operate the vehicle without a valid motor vehicle liability insurance policy, or a certificate of self-insurance, as required by 61-6-301 .

(2) (a) Each owner or operator of a motor vehicle shall carry in the motor vehicle as proof of compliance with 61-6-301 either:

(i) an insurance card approved by the department but issued by the insurance carrier to the motor vehicle owner; or

(ii) an electronic device on which an electronic document issued by the insurance carrier showing proof of compliance with 61-6-301 may be displayed.

(b) If the insurance card or electronic document is issued under a commercial automobile insurance policy or a self-insured fleet, the insurance card or electronic document must indicate the status as "commercially insured" or "fleet".

(c) A motor vehicle owner or operator shall exhibit the insurance card or display the electronic document on demand of a justice of the peace, a city or municipal judge, a peace officer, a highway patrol officer, or a field deputy or inspector of the department.

(d) A person commits an offense under this subsection if the person fails to carry in the motor vehicle the insurance card or an electronic device on which the electronic document may be displayed or fails to exhibit the insurance card or display the electronic document on demand of a person specified in subsection (2)(c).

(e) As used in this subsection (2), "insurance card" includes an electronic representation or equivalent of a documentary insurance card that the insurer delivers by electronic means, as defined in 33-15-601 , to satisfy the requirements of this subsection (2).

(3) In lieu of charging an operator who is not the owner of a vehicle with violating subsection (2), the officer may issue a complaint and notice to appear charging the owner with a violation of 61-6-301 and serve the complaint and notice to appear on the owner of the vehicle:

(a) personally; or

(b) by certified mail, return receipt requested, at the address for the owner listed on the registration receipt for the vehicle or, following query through available law enforcement systems, at the address maintained for the vehicle's owner by the jurisdiction in which the vehicle is titled and registered, or both.

(4) An owner or operator charged with violating subsection (2) may not be convicted if:

(a) the arresting or issuing officer or another person authorized to access information from the online motor vehicle liability insurance verification system under 61-6-309 submits to the system, when implemented, a request that provides proof of insurance valid at the time the alleged violation took place; or

(b) when the system under 61-6-157 is not available, the person produces in court or the office of the arresting or issuing officer proof of insurance valid at the time the alleged violation took place.
Mont. Code Ann. § 61-4-516 — MT Code / Title 61 / Chapter 4 / Part 5 / Section 61-4-516
61-4-516 Selection of arbitrator
Status: in_force

61-4-516 . Selection of arbitrator. An arbitrator for a grievance under this part must be chosen by the department. The department shall maintain a list of persons willing to serve as an arbitrator.
Mont. Code Ann. § 61-5-205 — MT Code / Title 61 / Chapter 5 / Part 2 / Section 61-5-205
61-5-205 Mandatory revocation or suspension of license upon certain convictions -- duration of action -- exceptions
Status: in_force

61-5-205 . Mandatory revocation or suspension of license upon certain convictions -- duration of action -- exceptions. (1) The department shall revoke an individual's driver's license or driving privilege if the department receives notice from a court or another licensing jurisdiction that the individual has been convicted of any of the following offenses:

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

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

(c) failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another;

(d) perjury or the making of a false affidavit or statement under oath to the department under this chapter or under any other law relating to the ownership or operation of motor vehicles;

(e) fleeing from or eluding a peace officer; or

(f) negligent vehicular assault as defined in 45-5-205 involving a motor vehicle.

(2) The department shall suspend an individual's driver's license or driving privilege if the department receives notice from a court or another licensing jurisdiction that the individual has been convicted of any of the following offenses:

(a) a driving offense under 61-8-1002 ;

(b) three reckless driving offenses committed within a period of 12 months; or

(c) a theft offense under 45-6-301 if the theft consisted of theft of motor vehicle fuel and a motor vehicle was used in the commission of the offense.

(3) A revocation under subsections (1)(a), (1)(b), and (1)(d) through (1)(f) must be for a period of 1 year. A revocation under subsection (1)(c) must be for a period of 2 years if the offender received a felony conviction under 61-7-103 .

(4) (a) Except as provided in subsections (4)(b) and (4)(c), a suspension under subsection (2) must be for a period of 1 year.

(b) A suspension under subsection (2)(a) must be for the period set forth in 61-5-208 .

(c) A suspension under subsection (2)(c) must be for one of the following periods:

(i) 30 days for a first offense;

(ii) 6 months for a second offense; and

(iii) 1 year for a third or subsequent offense.
Mont. Code Ann. § 61-6-108 — MT Code / Title 61 / Chapter 6 / Part 1 / Section 61-6-108
61-6-108 Matters not to be evidence in civil suits
Status: in_force

61-6-108 . Matters not to be evidence in civil suits. Neither the action taken by the department pursuant to this part nor the findings, if any, of the department upon which such action is based shall be referred to in any way or be any evidence of the negligence or due care of either party at the trial of any action at law to recover damages.
Mont. Code Ann. § 61-9-423 — MT Code / Title 61 / Chapter 9 / Part 4 / Section 61-9-423
61-9-423 Penalty
Status: in_force

61-9-423 . Penalty. (1) Except as provided in subsection (2), violation of 61-9-420 is punishable by a fine of not more than $100.

(2) The fine provided for in subsection (1) must be waived if proof of acquisition of an appropriate child safety restraint is presented within 7 days of the violation to the office of the charging officer and there has been no previous dismissal of a violation of 61-9-420 under this subsection.
Mont. Code Ann. § 61-8-1001 — MT Code / Title 61 / Chapter 8 / Part 10 / Section 61-8-1001
61-8-1001 Definitions
Status: in_force

61-8-1001 . Definitions. As used in this part, unless the context requires otherwise and unless a different meaning plainly is required, the following definitions apply:

(1) "Aggravated driving under the influence" means a person is in violation of 61-8-1002 (1)(a), (1)(b), (1)(c), (1)(d), or (1)(f) and:

(a) the person's alcohol concentration, as shown by analysis of the person's blood, breath, oral fluid, or other bodily substance, is 0.16 or more;

(b) the person is under the order of a court or the department to equip any motor vehicle the person operates with an approved ignition interlock device;

(c) the person's driver's license or privilege to drive is suspended, canceled, or revoked as a result of a prior violation of driving under the influence, including a violation of 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, or a similar offense under previous laws of this state or the laws of another state; or

(d) the person refuses to give a breath sample as required in 61-8-1016 and the person's driver's license or privilege to drive was suspended, canceled, or revoked under the provisions of an implied consent statute.

(2) "Alcoholic beverage" means a compound produced for human consumption as a drink that contains 0.5% or more of alcohol by volume.

(3) "Alcohol concentration" means either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath, including as used in 16-6-305 , 23-2-535 , 45-5-207 , 67-1-211 , and this title.

(4) "Bus" means a motor vehicle with a manufacturer's rated seating capacity of 11 or more passengers, including the driver.

(5) "Camper" has the meaning provided in 61-1-101 .

(6) "Commercial motor vehicle" has the meaning provided in 61-1-101 .

(7) "Drug" means any substance that when taken into the human body can impair a person's ability to operate a vehicle safely. The term includes the meanings provided in 50-32-101 (6), (7), and (14).

(8) "DUI court" means any court that has established a special docket for handling cases involving persons convicted under 61-8-1007 or 61-8-1008 and that implements a program of incentives and sanctions intended to assist a participant to complete treatment ordered pursuant to 61-8-1009 and to end the participant's criminal behavior associated with the use of alcohol or drugs.

(9) "Highway" has the meaning provided in 61-1-101 , including the shoulders of the highway.

(10) "Motor home" has the meaning provided in 61-1-101 .

(11) "Motor vehicle" has the meaning provided in 61-1-101 .

(12) "Open alcoholic beverage container" means a bottle, can, jar, or other receptacle that contains any amount of an alcoholic beverage and that is open or has a broken seal or the contents of which are partially removed.

(13) "Passenger area" means the area designed to seat the driver and passengers while a motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while the driver or a passenger is seated in the vehicle, including an unlocked glove compartment.

(14) "Under the influence" has the meaning provided in 61-1-101 .

(15) "Vehicle" has the meaning provided in 61-1-101 , except that the term does not include a bicycle.
Mont. Code Ann. § 61-4-209 — MT Code / Title 61 / Chapter 4 / Part 2 / Section 61-4-209
61-4-209 Cease and desist orders
Status: in_force

61-4-209 . Cease and desist orders. When the department has reasonable cause to believe, from information furnished to or from an investigation made by it, that any person is engaged in any business regulated by this part without being licensed as required, it shall immediately issue and serve upon the person, by certified mail, a cease and desist order, requiring the person to cease and desist from further engaging in that business. Upon failure of that person to comply with the order, the department shall file an action in the district court of Lewis and Clark County to restrain and enjoin the person from engaging in the business. The court in the action shall proceed as in other actions for injunctions.
Mont. Code Ann. § 61-4-202 — MT Code / Title 61 / Chapter 4 / Part 2 / Section 61-4-202
61-4-202 License requirements
Status: in_force

61-4-202 . License requirements. (1) A new motor vehicle dealer, manufacturer, distributor, factory branch, distributor branch, importer, or franchisor may not engage in business in Montana except in accordance with the requirements of this part. The provisions of this part do not apply to a public officer engaged in the discharge of official duties or to a trustee, receiver, or other officer acting under the jurisdiction of a court, to financial institutions disposing of repossessed vehicles, or to a person disposing of a personal motor vehicle. The provisions of this part regulating and licensing new motor vehicle dealers, manufacturers, distributors, factory branches, distributor branches, importers, and franchisors apply only to those new motor vehicle dealers, manufacturers, distributors, factory branches, distributor branches, importers, and franchisors of motor vehicles as defined by this part.

(2) A manufacturer, distributor, factory branch, distributor branch, importer, or franchisor transacting business within Montana by offering, selling, trading, consigning, or otherwise transferring a new motor vehicle to a new motor vehicle dealer must be licensed by the state of Montana. The department shall issue licenses to qualified applicants upon receipt of a license fee in the amount of $15 accompanied by the information required in this section.

(3) The following information, if applicable, must be submitted by an applicant upon forms supplied by the department:

(a) the name and address of the applicant;

(b) the make and model of each new motor vehicle to be franchised;

(c) the name and address of each of the applicant's franchisees within the state;

(d) the name and address of each factory branch, distributor branch, agent, or representative within the state; and

(e) a statement affirming that the relationship between the applicant and the new motor vehicle dealer is subject to the terms and conditions of a standard written franchise agreement applicable to all its new motor vehicle dealers in this state. A copy of the standard written franchise agreement, including all standard terms and conditions applicable to all franchised dealers or distributors in this state must be filed with the application unless the standard written franchise agreement is already on file with the department. Any revision of or additions to the standard basic franchise agreement must be filed with the department within 30 days of dissemination to the new motor vehicle dealers in this state.

(4) A license may be renewed each year if the applicant is in compliance with the provisions of this part, remits a renewal fee in the amount of $15, and notifies the department of any changes in the information previously supplied.

(5) (a) A new motor vehicle may not be sold in this state unless either the manufacturer on direct dealership of domestic motor vehicles, the importer of foreign manufactured motor vehicles on direct dealership, or the distributor on indirect dealerships of either domestic or foreign motor vehicles is licensed as provided in this part.

(b) Notwithstanding any other licensing provision contained in Montana law, every new motor vehicle dealer shall obtain a license under part 1 of this chapter.

(c) The obtaining of a license under Title 61, chapter 4, part 1, or this part conclusively establishes that a new motor vehicle dealer, manufacturer, distributor, or importer is subject to the laws of this state regulating new motor vehicle dealers, manufacturers, importers, and distributors.

(6) When an objection to a proposal to terminate or not continue a franchise or a proposal to enter into a franchise establishing an additional new motor vehicle dealership of the same line-make is made pursuant to 61-4-206 , a replacement license or new license may not be issued under this section to any replacement dealer or new dealer until adjudication by the department of the written objection filed pursuant to 61-4-206 and the exhaustion of all appellate remedies available to the objector.
Mont. Code Ann. § 61-8-813 — MT Code / Title 61 / Chapter 8 / Part 8 / Section 61-8-813
61-8-813 Suspension of commercial driver's license -- railroad crossing offenses
Status: in_force

61-8-813 . Suspension of commercial driver's license -- railroad crossing offenses. (1) The department shall suspend a person's commercial driver's license upon the report of a conviction of any of the following railroad crossing offenses or conduct:

(a) for drivers who are not required to always stop:

(i) failing to slow down and check that the tracks are clear of an approaching train or other on-track equipment; or

(ii) failing to stop before reaching the crossing if the tracks are not clear;

(b) for drivers who are always required to stop, failing to stop before driving onto the crossing;

(c) for all drivers:

(i) failing to have sufficient space to drive completely through the crossing without stopping;

(ii) failing to obey a traffic control device or the directions of an enforcement official at the crossing; or

(iii) failing to negotiate a crossing because of insufficient undercarriage clearance.

(2) Upon receipt of a report of a conviction of any railroad crossing offense or conduct described in subsection (1), the following suspension periods must be imposed:

(a) 60 days upon a first conviction;

(b) 120 days upon a second conviction within a 3-year period; or

(c) 1 year upon a third or subsequent conviction within a 3-year period.
Mont. Code Ann. § 61-13-104 — MT Code / Title 61 / Chapter 13 / Part 1 / Section 61-13-104
61-13-104 Penalty -- no record permitted
Status: in_force

61-13-104 . Penalty -- no record permitted. (1) A driver who violates 61-13-103 shall be fined $20, but the violation is not a misdemeanor pursuant to 45-2-101 , 46-18-236 , 61-8-104 , or 61-8-711 . A violation of 61-13-103 may not be counted as a moving violation for purposes of suspending a driver's license under 61-11-203 (2)(m). Bond for this offense is $20, and a jail sentence may not be imposed.

(2) A violation of 61-13-103 may not be recorded or charged against the driver's record of a person violating 61-13-103 .

(3) An insurance company may not hold a violation of 61-13-103 against the insured or increase the insured's premiums due to a violation of 61-13-103 .
Mont. Code Ann. § 61-10-201 — MT Code / Title 61 / Chapter 10 / Part 2 / Section 61-10-201
61-10-201 Weight fees on motortrucks, truck tractors, and buses
Status: in_force

61-10-201 . Weight fees on motortrucks, truck tractors, and buses. In addition to other fees for the licensing of vehicles, there must be paid and collected annually for each truck, truck tractor, and bus, based upon the manufacturer's rated capacity for trucks with a capacity of 1 ton or less and upon the maximum gross loaded weight and the maximum gross weight of any towed unit of each truck and truck tractor as set by the licensee in the licensee's application, the following fees:

Manufacturer's rated capacity up to 1/2 ton $ 7.00 Manufacturer's rated capacity of 3/4 ton 12.50 Manufacturer's rated capacity of 1 ton 17.50 Up to 16,000 lbs 21.00 16,001 through 18,000 lbs 28.00 18,001 through 20,000 lbs 37.50 20,001 through 22,000 lbs 47.00 22,001 through 24,000 lbs 70.00 24,001 through 26,000 lbs 90.00 26,001 through 28,000 lbs 110.00 28,001 through 30,000 lbs 130.00 30,001 through 32,000 lbs 150.00 32,001 through 34,000 lbs 170.00 34,001 through 36,000 lbs 190.00 36,001 through 38,000 lbs 215.00 38,001 through 40,000 lbs 235.00 40,001 through 42,000 lbs 255.00 42,001 through 44,000 lbs 275.00 44,001 through 46,000 lbs 300.00 46,001 through 48,000 lbs 320.00 48,001 through 50,000 lbs 340.00 50,001 through 52,000 lbs 360.00 52,001 through 54,000 lbs 380.00 54,001 through 56,000 lbs 400.00 56,001 through 58,000 lbs 420.00 58,001 through 60,000 lbs 440.00 60,001 through 62,000 lbs 460.00 62,001 through 64,000 lbs 482.50 64,001 through 66,000 lbs 502.50 66,001 through 68,000 lbs 522.50 68,001 through 70,000 lbs 545.75 70,001 through 72,000 lbs 566.50 72,001 through 74,000 lbs 607.50 74,001 through 76,000 lbs 655.00 76,001 through 78,000 lbs 695.00 78,001 through 80,000 lbs 750.00 Over 80,000 lbs. and within the weight limits specified in 61-10-101 through 61-10-104 and 61-10-106 through 61-10-110 750.00 plus an additional $46.00 for each ton or fraction of a ton in excess of 80,000 lbs. plus an additional $100.00 to exceed the 80,000 lbs. federal gross weight limit.
Mont. Code Ann. § 61-8-720 — MT Code / Title 61 / Chapter 8 / Part 7 / Section 61-8-720
61-8-720 Controlled-access violation -- penalty
Status: in_force

61-8-720 . Controlled-access violation -- penalty. A person who violates any of the provisions of 61-8-331 (2) is guilty of a misdemeanor. Upon arrest and conviction, the person shall be punished by a fine of not less than $5 or more than $100.
Mont. Code Ann. § 61-3-701 — MT Code / Title 61 / Chapter 3 / Part 7 / Section 61-3-701
61-3-701 Out-of-state vehicles used in gainful occupation to be registered -- reciprocity -- decal fee
Status: in_force

61-3-701 . Out-of-state vehicles used in gainful occupation to be registered -- reciprocity -- decal fee. (1) A person may not operate a motor vehicle, trailer, semitrailer, or pole trailer that is registered in another jurisdiction on the highways of this state if the vehicle is used for hire, compensation, or profit or if the person is engaged in gainful occupation or business enterprise in the state, including highway work, unless the motor vehicle, trailer, semitrailer, or pole trailer is registered at the office of a county treasurer or an authorized agent of the department. Upon satisfactory evidence of ownership submitted to the county treasurer or the department's authorized agent and the payment of fees in lieu of taxes or registration fees, if appropriate, as required by 61-3-321 , 61-3-529 , or 61-3-537 , the treasurer or authorized agent shall enter the vehicle for registration purposes only on the electronic registry maintained by the department under 61-3-101 . One-fourth of the annual fees or taxes due on the motor vehicle, trailer, semitrailer, or pole trailer subject to registration under this section must be paid for each calendar quarter or portion of a calendar quarter for the year that the vehicle will be located or operated in Montana.

(2) Upon payment of the fees or taxes, the treasurer or the department's authorized agent shall issue to the owner of the motor vehicle, trailer, semitrailer, or pole trailer a registration receipt and a registration decal indicating the calendar quarter and year for which the motor vehicle, trailer, semitrailer, or pole trailer is registered. The registration decal must at all times be displayed on the rear of the motor vehicle, trailer, semitrailer, or pole trailer when operated or driven upon roads and highways of this state during the registration period indicated on the receipt and may not be obstructed from plain view.

(3) The registration receipt does not constitute evidence of ownership but may be used only for registration purposes. A Montana certificate of title may not be issued for a motor vehicle, trailer, semitrailer, or pole trailer registered under this section.

(4) This section is not applicable to:

(a) a motor vehicle covered by a valid and existing reciprocal agreement or declaration entered into under Montana law; or

(b) a motor vehicle that is:

(i) registered in another jurisdiction by an insurance company licensed to conduct business in this state;

(ii) being used by an employee of the insurance company to assist residents of this state with insurance claims; and

(iii) operated on the highways of this state for no more than 90 consecutive days.

(5) In addition to the fees and taxes required for registration, a fee of $10 must be collected when a decal required under subsection (2) is issued. For each $10 fee collected, $8 must be deposited in the account established under 61-6-158 and $2 must be deposited in the general fund.
Mont. Code Ann. § 61-8-333 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-333
61-8-333 Required position and method of turning at intersections
Status: in_force

61-8-333 . Required position and method of turning at intersections. (1) The operator of a vehicle intending to turn at an intersection shall do so as follows:

(a) Both the approach for a right turn and a right turn must be made as close as practicable to the right-hand curb or edge of the roadway.

(b) At an intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn must be made in that portion of the right half of the roadway nearest the center line of the roadway and by passing to the right of the center line where it enters the intersection. After entering the intersection, the left turn must be made so as to leave the intersection to the right of the center line of the roadway being entered. Whenever practicable the left turn must be made in that portion of the intersection to the left of the center of the intersection.

(c) At an intersection where traffic is restricted to one direction on one or more of the roadways, the operator of a vehicle intending to turn left shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of the vehicle. After entering the intersection, the left turn must be made so as to leave the intersection, as nearly as practicable, in the left-hand lane lawfully available to traffic moving in the direction upon the roadway being entered.

(d) A person making a turn under subsection (1)(a), (1)(b), or (1)(c) is entitled to the full use of the lane from which the turn may be legally made.

(2) (a) A person operating a bicycle who intends to turn left shall follow the course described in subsection (1) or in subsection (2)(b).

(b) A person operating a bicycle who intends to turn left shall approach the turn as close as practicable to the right curb or edge of the roadway. After proceeding across the intersecting roadway, the person shall make the turn as close as practicable to the curb or edge of the roadway on the far right side of the intersection. After turning, the person shall yield to through traffic and shall comply with any official traffic control device or police officer regulating traffic on the highway along which the person intends to proceed.

(3) Local authorities in their respective jurisdictions may place official traffic control devices within or adjacent to intersections, directing that a different course from that specified in this section be traveled by vehicles turning at an intersection. Where official traffic control devices that direct a different course are placed, the operator of a vehicle may not turn the vehicle other than as directed by the official traffic control devices.

(4) Where a special lane has been indicated by official traffic control devices allowing operators of vehicles proceeding in opposite directions to make left turns:

(a) a left turn may not be made from any other lane; and

(b) a vehicle may not be operated in the lane except when making a left turn from or onto the roadway or when making a U-turn when that movement is permitted by law.
Mont. Code Ann. § 61-13-102 — MT Code / Title 61 / Chapter 13 / Part 1 / Section 61-13-102
61-13-102 Definitions
Status: in_force

61-13-102 . Definitions. As used in this part, the following definitions apply:

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

(2) "Highway" means the entire width between the boundary lines of each publicly maintained way when any part thereof is open to public use for vehicular travel.

(3) "Motor vehicle" means a vehicle propelled by its own power and designed primarily to transport persons or property upon the highways of the state.

(4) "Occupants" means the driver and passengers in a motor vehicle.

(5) "Seatbelt" means a system using a lap belt, a shoulder belt, or other belt or combination of belts installed in a motor vehicle to restrain occupants, which system conforms to federal motor vehicle safety standards.
Mont. Code Ann. § 61-9-522 — MT Code / Title 61 / Chapter 9 / Part 5 / Section 61-9-522
61-9-522 Airbag fraud penalty
Status: in_force

61-9-522 . Airbag fraud penalty. A person who violates 61-9-437 is guilty of airbag fraud and upon conviction shall be fined not more than $1,000, imprisoned for not more than 6 months, or both.
Mont. Code Ann. § 61-9-402 — MT Code / Title 61 / Chapter 9 / Part 4 / Section 61-9-402
61-9-402 Audible and visual signals on police, emergency vehicles, and on-scene command vehicles -- immunity
Status: in_force

61-9-402 . Audible and visual signals on police, emergency vehicles, and on-scene command vehicles -- immunity. (1) A police vehicle must be equipped with a siren capable of giving an audible signal and may be equipped with alternately flashing or rotating red or blue lights as specified in this section.

(2) An authorized emergency vehicle must be equipped:

(a) with a siren and an alternately flashing or rotating red light as specified in this section; and

(b) with signal lamps mounted as high and as widely spaced laterally as practicable that are capable of displaying to the front two alternately flashing red lights located at the same level and to the rear two alternately flashing red lights located at the same level. These lights must have sufficient intensity to be visible at 500 feet in normal sunlight.

(3) (a) A bus used for the transportation of school children must be equipped with signal lamps mounted as high and as widely spaced laterally as practicable, displaying to the front at least two red and two amber alternating flashing lights and to the rear at least two red and two amber alternating flashing lights. These lights must have sufficient intensity to be visible at 500 feet in normal sunlight.

(b) Additional red flashing lights may be mounted to the front and to the rear at a height of at least 36 inches and not more than 72 inches from the ground. If additional red lights are mounted, they must be installed so that they can be actuated only if the school bus is stopped.

(c) The specifications for the warning lights must be prescribed by the board of public education and approved by the department.

(4) A police vehicle and an authorized emergency vehicle may, and an emergency service vehicle must, be equipped with alternately flashing or rotating amber lights as specified in this section.

(5) The use of signal equipment as described in this section imposes upon the operators of other vehicles the obligation to yield right-of-way or to stop and to proceed past the signal or light as provided in 61-8-387 and 61-8-388 and subject to the provisions of 61-8-209 and 61-8-303 .

(6) An employee, agent, or representative of the state or a political subdivision of the state or of a governmental fire agency organized under Title 7, chapter 33, who is operating a police vehicle, an authorized emergency vehicle, or an emergency service vehicle and using signal equipment in rendering assistance at a highway crash scene or in response to any other hazard on the roadway that presents an immediate hazard or an emergency or life-threatening situation is not liable, except for willful misconduct, bad faith, or gross negligence, for injuries, costs, damages, expenses, or other liabilities resulting from a motorist operating a vehicle in violation of subsection (5).

(7) Blue, red, and amber lights required in this section must be mounted as high as and as widely spaced laterally as practicable and be capable of displaying to the front two alternately flashing lights of the specified color located at the same level and to the rear two alternately flashing lights of the specified color located at the same level or one rotating light of the specified color, mounted as high as is practicable and visible from both the front and the rear. These lights must have sufficient intensity to be visible at 500 feet in normal sunlight. Except as provided in 61-9-204 (6), only police vehicles, as defined in 61-8-102 , may display blue lights, lenses, or globes.

(8) A police vehicle and authorized emergency vehicle may be equipped with a flashing signal lamp that is green in color, visible from 360 degrees, and attached to the exterior roof of the vehicle for purposes of designation as the on-scene command and control vehicle in an emergency or disaster. The green light must have sufficient intensity to be visible at 500 feet in normal sunlight. Only the on-scene command and control vehicle may display green lights, lenses, or globes.

(9) Only a police vehicle or an authorized emergency vehicle may be equipped with the means to flash or alternate its headlamps or its backup lights.

(10) A violation of subsection (5) 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. § 61-10-110 — MT Code / Title 61 / Chapter 10 / Part 1 / Section 61-10-110
61-10-110 Federal law
Status: in_force

61-10-110 . Federal law. Sections 61-10-101 through 61-10-104 and 61-10-106 through 61-10-109 do not authorize, without a permit issued as provided by law, the operation of a combination of vehicles having a gross weight, axle load, or size in excess of that authorized in those sections or the operation on the national system of interstate and defense highways of a combination of vehicles having a gross weight or size in excess of the maximum weight and size permitted by law in this state before July 1, 1956, or permitted by federal law or regulation. If federal law allows establishment of weight and size limits in excess of the allowable limits permitted in 61-10-101 through 61-10-104 and 61-10-106 through 61-10-109 , without penalty or denial of federal funds for highway purposes, the department of transportation may, by permit designating highway routing, authorize the movement on highways under its jurisdiction of vehicles or combinations of vehicles of a weight or size in excess of the limits provided for in those sections, but within the limits necessary to qualify for federal-aid highway funds.
Mont. Code Ann. § 61-3-715 — MT Code / Title 61 / Chapter 3 / Part 7 / Section 61-3-715
61-3-715 Base state registration reciprocity
Status: in_force

61-3-715 . Base state registration reciprocity. An agreement or arrangement entered into or a declaration issued under the authority of 61-3-711 through 61-3-733 may contain provisions authorizing the registration or licensing in another jurisdiction of motor vehicles, trailers, semitrailers, or pole trailers located in or operated from a base in the other jurisdiction for motor vehicles, trailers, semitrailers, or pole trailers that would be required to be registered or licensed in this state. The exemptions, benefits, and privileges extended by the agreement, arrangement, or declaration apply to motor vehicles, trailers, semitrailers, or pole trailers when properly licensed or registered in the base jurisdiction.
Mont. Code Ann. § 61-9-226 — MT Code / Title 61 / Chapter 9 / Part 2 / Section 61-9-226
61-9-226 Special restrictions on lamps -- definition
Status: in_force

61-9-226 . Special restrictions on lamps -- definition. (1) A lighted lamp or illuminating device upon a motor vehicle other than headlamps, spot lamps, auxiliary lamps, or flashing turn signals, emergency vehicle warning lamps, and school bus warning lamps that projects a beam of light of an intensity greater than 300 candlepower must be so directed that the high intensity portion of the beam may not strike the level of the roadway on which the vehicle stands at a distance of more than 75 feet from the vehicle.

(2) A person may not drive or move a vehicle or equipment upon a highway with:

(a) a lamp or device displaying a red light visible from in front of the center of the vehicle. This section does not apply to a vehicle upon which a red light visible from the front is expressly authorized or required by this code.

(b) green lights that are flashing, rotational, or continuous, except for vehicles that are authorized by this chapter to contain the lights, including:

(i) snow-removal equipment operated by the department of transportation or another government entity; and

(ii) a police or authorized emergency vehicle that is an on-scene incident command or control vehicle.

(3) Flashing, blinking, sequential, rotating, or pulsating lights are prohibited except on vehicles that are authorized by this chapter to contain the lights or on a vehicle as a means for indicating a right or left turn or the presence of a vehicular traffic hazard requiring unusual care in approaching, overtaking, or passing.

(4) License plate decorative lighting that is not original manufacturer's equipment or undercarriage decorative lighting that rotates, flashes, or oscillates or that displays a color authorized by this chapter for use by police vehicles and authorized emergency vehicles may not be illuminated on a vehicle that is operated upon a highway or street.

(5) As used in this section, "school bus" has the meaning provided in 20-10-101 .
Mont. Code Ann. § 61-3-732 — MT Code / Title 61 / Chapter 3 / Part 7 / Section 61-3-732
61-3-732 Continued validity of existing reciprocity agreements
Status: in_force

61-3-732 . Continued validity of existing reciprocity agreements. All reciprocity and proportional registration agreements, arrangements, and declarations relating to motor vehicles, trailers, semitrailers, or pole trailers in force and effect as of March 7, 1963, continue in force and effect until specifically amended or revoked as provided by law or by the agreements, arrangements, or declarations.
Mont. Code Ann. § 61-12-315 — MT Code / Title 61 / Chapter 12 / Part 3 / Section 61-12-315
61-12-315 Penalty for violation
Status: in_force

61-12-315 . Penalty for violation. A person violating the provisions of this part is liable pursuant to 33-1-317 .
Mont. Code Ann. § 61-12-702 — MT Code / Title 61 / Chapter 12 / Part 7 / Section 61-12-702
61-12-702 Court costs -- fees and expenses of counties
Status: in_force

61-12-702 . Court costs -- fees and expenses of counties. The court, after deducting all costs and fees, shall immediately transmit the balance of the fine to the state or county treasurer as provided by law. The expenses of the county, except fees of officers who are paid a regular salary, are a proper claim against the state or county and claims must be paid in the manner provided by law out of the funds appropriated for such purposes.
Mont. Code Ann. § 61-9-421 — MT Code / Title 61 / Chapter 9 / Part 4 / Section 61-9-421
61-9-421 Certain vehicles exempt
Status: in_force

61-9-421 . Certain vehicles exempt. Section 61-9-420 is not applicable as follows:

(1) if a vehicle is a motor home, school bus, taxicab, farm tractor, bicycle, moped, quadricycle, motorcycle, or motor-driven cycle or is not required to be equipped with safety belts under 49 CFR 571 as it reads on January 3, 2025;

(2) if a vehicle is an ambulance or other emergency vehicle designated or authorized by the department; or

(3) if an emergency exists that threatens the life of a person operating a motor vehicle to whom this section would otherwise apply or the life of a child who would otherwise be required to be properly restrained as provided in 61-9-420 .
Mont. Code Ann. § 61-8-317 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-317
61-8-317 Right-of-way for vehicles engaged in mobile highway maintenance
Status: in_force

61-8-317 . Right-of-way for vehicles engaged in mobile highway maintenance. The operator of a vehicle shall yield the right-of-way to an authorized vehicle that is engaged in highway maintenance activities when the authorized vehicle is displaying flashing lights that meet the requirements of the department of transportation.
Mont. Code Ann. § 61-10-123 — MT Code / Title 61 / Chapter 10 / Part 1 / Section 61-10-123
61-10-123 Haystack movers
Status: in_force

61-10-123 . Haystack movers. (1) A self-propelled vehicle used only for the purpose of moving haystacks on a commercial basis is subject to 61-10-121 through 61-10-127 , except as provided in subsections (2) through (8).

(2) The vehicle, loaded or unloaded, may not exceed 55 feet in length or 20 feet in width.

(3) A single load may not be moved on the vehicle a distance greater than 75 miles from the point of origin on public roads.

(4) When the vehicle is hauling a load, it must be accompanied by two pilot cars. Each car must be equipped with a flashing warning light, a red flag, and a sign with the words "wide load" written on it. One car must precede the vehicle by not less than 100 yards or more than one-fourth mile, and one car must follow the vehicle at a distance not less than 100 yards or more than one-fourth mile. The following pilot car must be in radio contact with the vehicle at all times.

(5) The speed of the vehicle must be reasonable and proper but not in excess of 35 miles per hour.

(6) The vehicle may be operated only between the hours of sunrise and sunset.

(7) The vehicle may not be operated on an interstate or a controlled-access highway as defined in 61-8-102 .

(8) A term or blanket permit may be issued for the vehicle.
Mont. Code Ann. § 61-11-210 — MT Code / Title 61 / Chapter 11 / Part 2 / Section 61-11-210
61-11-210 Appeals
Status: in_force

61-11-210 . Appeals. (1) A person declared to be a habitual traffic offender may file a petition in the district court in the county in which the person resides, or in Lewis and Clark County if the person is not a resident of the state, challenging the declaration and revocation. The petition must be filed within 30 days after the person received notice under 61-11-204 . Receipt under 61-11-204 is presumed to be on the third day after the date of mailing. After the petition is filed, a copy must be promptly served on the county attorney of the county in which the petition was filed. The county attorney shall represent the department in the proceeding. Proof of service must be filed with the clerk of the court prior to a hearing or grant of relief. Untimely service or lack of service upon the county attorney waives the right to a hearing. The filing of the petition does not stay enforcement of the revocation.

(2) Upon receipt from the county attorney of notice of the petition, the department shall give the county attorney a certified record of the convictions and bond forfeitures upon which the habitual traffic offender declaration was based.

(3) A hearing date must be set and at least 10 days' notice of the date must be given to the parties. The scope of the hearing is limited to whether the petitioner is the person named in the certified record of convictions and bond forfeitures upon which the habitual traffic offender declaration was based and whether the petitioner is a habitual traffic offender. The petitioner has the burden of proving that the department's actions are invalid or that its records are erroneous.

(4) If the court finds that the petitioner is the person declared by the department to be a habitual traffic offender and that the petitioner is a habitual traffic offender, the court shall dismiss the petition. If the court finds that the petitioner is not the person declared by the department to be a habitual traffic offender or that the petitioner is not a habitual traffic offender, the court shall grant the petition and provide the petitioner with appropriate relief, which must include an order that the department reimburse the petitioner for court fees paid by the petitioner.

(5) Upon a finding adverse to the petitioner, the clerk of the court shall file with the department a copy of the court's order, together with the petitioner's driver's license if the license has not been previously surrendered. If the petition is granted, the clerk of the court shall file with the department a copy of the court's order granting the petition. The order must state the grounds upon which the relief was granted and must specify the court findings on the conviction points, if any, that have been accrued by the petitioner. The department shall then correct the petitioner's driving record to comport with the court's specific findings.
Mont. Code Ann. § 61-2-104 — MT Code / Title 61 / Chapter 2 / Part 1 / Section 61-2-104
61-2-104 Funds
Status: in_force

61-2-104 . Funds. The governor and the department may enter into contracts with the federal government to secure maximum federal appropriation. At least 40% of all federal funds received by the state shall be spent by the political subdivisions of the state in carrying out local approved highway traffic safety programs. Except as provided in this part, the governor may accept all gifts, money, and funds to implement the purposes of this part. The expenditure of funds, exclusive of the federal appropriation, shall be maintained at a level which shall not fall below the average level of the expenditures for the last 2 full fiscal years preceding July 1, 1966, as determined by the expenditures of state and political subdivisions.
Mont. Code Ann. § 61-4-304 — MT Code / Title 61 / Chapter 4 / Part 3 / Section 61-4-304
61-4-304 Fees provided for to be in addition to fees now payable under chapter 12, Title 69
Status: in_force

61-4-304 . Fees provided for to be in addition to fees now payable under chapter 12, Title 69. The fees provided for driveaway or towaway transportation are in addition to any fees payable by for-hire carriers under the provisions of chapter 12, Title 69.
Mont. Code Ann. § 61-8-332 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-332
61-8-332 Restrictions on use of controlled-access roadway
Status: in_force

61-8-332 . Restrictions on use of controlled-access roadway. (1) The department of transportation may by rule and local authorities may by ordinance regulate or prohibit the use of a controlled-access highway under their respective jurisdictions by any class or kind of traffic that is found to be incompatible with the normal and safe movement of traffic or by any vehicle.

(2) The department or the local authority that adopts the prohibitory regulation shall erect and maintain official traffic control devices on the controlled-access highway on which these regulations are applicable. A person may not violate the restrictions stated on the official traffic control devices.
Mont. Code Ann. § 61-6-110 — MT Code / Title 61 / Chapter 6 / Part 1 / Section 61-6-110
61-6-110 Other relief not precluded
Status: in_force

61-6-110 . Other relief not precluded. Nothing in this part shall be construed as preventing the plaintiff in any action at law from relying for relief upon the other processes provided by law.
Mont. Code Ann. § 61-7-101 — MT Code / Title 61 / Chapter 7 / Part 1 / Section 61-7-101
61-7-101 Short title -- definition
Status: in_force

61-7-101 . Short title -- definition. (1) This part will be cited as the "Uniform Accident Reporting Act".

(2) As used in this part, "accident" means any event in which a vehicle collides with any object, person, deceased person, or animal or any event in which a person is injured or killed or property damage is caused as a result of at least one vehicle's movement.
Mont. Code Ann. § 61-8-387 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-387
61-8-387 Yielding to moving emergency vehicle
Status: in_force

61-8-387 . Yielding to moving emergency vehicle. (1) When being approached by a law enforcement vehicle or authorized emergency vehicle using its siren or emergency lights, the operator of a moving vehicle, unless otherwise directed by a law enforcement officer, shall:

(a) yield the right-of-way to the law enforcement vehicle or authorized emergency vehicle; and

(b) unless already stationary and out of the way of the law enforcement vehicle or authorized emergency vehicle:

(i) drive cautiously to a position that is not in an intersection and is parallel to and as close as possible to the right-hand edge or curb of the roadway, inclusive of a paved shoulder if it exists; and

(ii) remain stationary until the law enforcement vehicle or authorized emergency vehicle has passed.

(2) An operator of a vehicle who violates this section is subject to the penalties provided in 61-8-715 (3).
Mont. Code Ann. § 61-9-408 — MT Code / Title 61 / Chapter 9 / Part 4 / Section 61-9-408
61-9-408 Safety glazing material in motor vehicles -- definition
Status: in_force

61-9-408 . Safety glazing material in motor vehicles -- definition. (1) A person may not sell a new motor vehicle and a new motor vehicle may not be registered unless the vehicle is equipped with safety glazing material wherever glazing material is used in doors, windows, and windshields. These provisions apply to all passenger-type motor vehicles, including passenger buses and school buses. With respect to trucks, including truck tractors, the requirements as to safety glazing material apply to all glazing material used in doors, windows, and windshields in the driver's compartments of the vehicles.

(2) The term "safety glazing materials" means glazing materials constructed, treated, or combined with other materials to reduce substantially in comparison with ordinary sheet glass or plate glass the likelihood of injury to persons by objects from exterior sources or by these safety glazing materials when they may be cracked or broken.
Mont. Code Ann. § 61-5-128 — MT Code / Title 61 / Chapter 5 / Part 1 / Section 61-5-128
61-5-128 Legislative direction to state agency to implement REAL ID Act
Status: in_force

61-5-128 . (Temporary) Legislative direction to state agency to implement REAL ID Act. The state of Montana shall participate in the implementation of the REAL ID Act of 2005, Public Law 109-13. The department, including the motor vehicle division of the department, is directed to implement the provisions of the REAL ID Act of 2005. (Void on occurrence of contingency--sec. 8, Ch. 443, L. 2017.)
Mont. Code Ann. § 61-4-215 — MT Code / Title 61 / Chapter 4 / Part 2 / Section 61-4-215
61-4-215 Mediation of disputes
Status: in_force

61-4-215 . Mediation of disputes. (1) All disputes between a manufacturer, person, or entity described in 61-4-208 (1) and a new motor vehicle dealer or transferee of a new motor vehicle dealer alleged to be in violation of any provision of Montana law, including but not limited to 30-11-701 through 30-11-713 , 30-11-717 through 30-11-719 , 61-4-131 through 61-4-137 , 61-4-150 , 61-4-205 (1) and (2), 61-4-208 , and 61-4-213 , are subject to mediation as provided for in this section. A demand for mediation must be served on the adverse party before or contemporaneous with the filing of the objection, protest, complaint, or petition or the bringing of the action. A demand for mediation must be in writing and served on the adverse party by certified mail, return receipt requested, or by overnight delivery service that provides proof of delivery at an address designated for the party in the records of the complainant. The demand for mediation must contain a brief statement of the dispute and the relief sought by the complainant filing the demand.

(2) Within 20 days after the date a demand for mediation is served, the parties shall mutually select an independent mediator and meet with that mediator for the purpose of attempting to resolve the dispute. If the parties are unable to agree on a mediator, a party may apply to a district judge of the first judicial district, Lewis and Clark County, for appointment of a mediator. The meeting place must be within this state in a location selected by the mediator in proximity to the place of business of a party domiciled in this state. The mediator may extend the date of the meeting for good cause shown by either party or on the stipulation of both parties.

(3) The service of a demand for mediation under subsection (1) must stay the time for the filing of any objection, protest, complaint, or petition with the department or for bringing an action until the representatives of both parties have met with a mutually selected or appointed mediator for the purpose of attempting to resolve the dispute. If an objection, protest, complaint, or petition is filed before the meeting, the department or the court shall enter an order suspending the proceeding or action until the meeting has occurred and may, on the written stipulation of all parties to the proceeding or action that they wish to continue to mediate under this section, enter an order suspending the proceeding or action for as long a period as the department or court considers to be appropriate. A suspension order issued under this subsection may be revoked on motion of any party or on motion of the department or the court.

(4) The department shall encourage dealers and manufacturers to establish a panel of mediators who have the character, ability, and training to serve as mediators and who have knowledge of the motor vehicle industry.

(5) A mediator is immune from civil liability for any good faith act or omission within the scope of the mediator's or arbitrator's performance of the mediator's or arbitrator's powers and duties under this chapter. An act or omission of a mediator is presumed to be a good faith act or omission. This presumption may be overcome only by clear and convincing evidence.
Mont. Code Ann. § 61-4-121 — MT Code / Title 61 / Chapter 4 / Part 1 / Section 61-4-121
61-4-121 Temporary registration permit -- limitation on issuance and transfer -- violation -- penalty
Status: in_force

61-4-121 . Temporary registration permit -- limitation on issuance and transfer -- violation -- penalty. (1) If the dealer is an authorized agent, the dealer may not issue more than one temporary registration permit under 61-4-111 or 61-4-112 for each motor vehicle sale.

(2) A dealer who violates the provisions of subsection (1) is subject to revocation of the privilege to issue temporary registration permits for a period of time determined by the department.
Mont. Code Ann. § 61-3-501 — MT Code / Title 61 / Chapter 3 / Part 5 / Section 61-3-501
61-3-501 When motor vehicle taxes and fees are due
Status: in_force

61-3-501 . When motor vehicle taxes and fees are due. (1) Motor vehicle registration fees, local option vehicle taxes or fees, fees in lieu of tax, and other fees must be paid on the date of registration or renewal of registration of the motor vehicle.

(2) Motor vehicle registration fees, fees in lieu of tax, and local option taxes or fees imposed under this chapter do not accrue after ownership of the motor vehicle has been transferred to another person.

(3) (a) For purposes of this chapter and except as provided in subsection (3)(b), the age of a motor vehicle is determined by subtracting the manufacturer's designated model year from the current calendar year.

(b) If the purchase year of a motor home precedes the designated model year of the motor home and the motor home is originally titled in Montana, then the purchase year is considered the model year for calculating the age of the motor home.
Mont. Code Ann. § 61-3-302 — MT Code / Title 61 / Chapter 3 / Part 3 / Section 61-3-302
61-3-302 Residents operating motor vehicles under licenses issued by any state other than Montana forbidden -- vehicles exempt from registration -- exceptions
Status: in_force

61-3-302 . Residents operating motor vehicles under licenses issued by any state other than Montana forbidden -- vehicles exempt from registration -- exceptions. (1) (a) A resident of the state of Montana who owns a motor vehicle, trailer, semitrailer, or pole trailer may not operate the motor vehicle, trailer, semitrailer, or pole trailer with license plates issued by any other state than Montana.

(b) (i) A person who has resided in Montana for more than 60 consecutive days is considered to be a resident for the purpose of vehicle titling and registration laws, and a motor vehicle, trailer, semitrailer, or pole trailer owned by the person must be titled and registered under the laws of Montana prior to operation in this state after the 60-day period.

(ii) A person serving or retired from serving aboard the USS Montana is considered, at the election of the person, a resident for the purpose of motor vehicle titling and registration laws and may apply for a USS Montana specialty license plate pursuant to 61-3-479 (1)(a)(ii). Residency is not conferred for any other purpose.

(2) A motor vehicle, trailer, semitrailer, or pole trailer driven or moved upon a highway in this state and owned by a nonresident of this state is exempt from registration under this chapter if:

(a) the vehicle is properly registered in and displays valid license plates of the jurisdiction in which the nonresident owner resides; and

(b) (i) the vehicle is not used for the transportation of persons or property for hire, compensation, or profit;

(ii) the nonresident owner is not employed or engaged in a commercial or business enterprise in this state; or

(iii) the vehicle is used for the exclusive purpose of filming motion pictures or television commercials and does not remain in the state for a period in excess of 180 consecutive days in a calendar year.

(3) A motor vehicle, trailer, semitrailer, or pole trailer that is owned by a manufacturer, a dealer, a wholesaler, or an auto auction and that is held for sale is exempt from registration under this part even though the motor vehicle, trailer, semitrailer, or pole trailer is incidentally moved on the highway and is used for purposes of testing or demonstration or is used by a manufacturer solely for testing.

(4) A junk vehicle, as defined in Title 75, chapter 10, part 5, being driven to an auto wrecking graveyard for disposal is exempt from the provisions of this chapter.
Mont. Code Ann. § 61-9-428 — MT Code / Title 61 / Chapter 9 / Part 4 / Section 61-9-428
61-9-428 Window tinting and sunscreening -- waiver -- conditions
Status: in_force

61-9-428 . Window tinting and sunscreening -- waiver -- conditions. The highway patrol or a local law enforcement agency may grant a waiver of the standards of 61-9-405 (4) for reasons of safety or security or for medical reasons based on an affidavit signed by a licensed physician, licensed physician assistant, or advanced practice registered nurse, as defined in 37-8-102 . The waiver must be in writing and must include the vehicle identification number, registration number, or other description to clearly identify the motor vehicle to which the waiver applies and the date issued, the name of the owner of the vehicle, the reason for granting the waiver, the dates the waiver is effective, and the signature of the law enforcement officer granting the waiver. The highway patrol or the local law enforcement agency shall keep a copy of the waiver until the waiver expires.
Mont. Code Ann. § 61-3-208 — MT Code / Title 61 / Chapter 3 / Part 2 / Section 61-3-208
61-3-208 Affidavit and bond for certificate of title
Status: in_force

61-3-208 . Affidavit and bond for certificate of title. (1) If an applicant for a certificate of title cannot provide the department with the certificate of title that assigns the prior owner's interest in the motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile to the applicant, the department may issue a certificate of title if subsection (2) is complied with.

(2) (a) The applicant shall submit an affidavit in a form prescribed by the department that must be signed and sworn to in the manner provided for in 1-6-105 . The affidavit must accompany the application for the certificate of title and must:

(i) include the facts and circumstances through which the applicant acquired ownership and possession of the motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile;

(ii) disclose security interests, liens, or encumbrances that are known to the applicant and that are outstanding against the motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile; and

(iii) state that the applicant has the right to have a certificate of title issued.

(b) The application must satisfy one of the following conditions:

(i) The vehicle for which the application is being made must be a camper, off-highway vehicle, motorboat, personal watercraft, sailboat 12 feet in length or longer, or snowmobile, and the loss of the certificate of title must be established by the applicant to the department's satisfaction.

(ii) If application is being made for a certificate of title to a motor vehicle, trailer, semitrailer, or pole trailer that is 30 years old or older or with a value of $1,000 or less, the applicant shall establish the loss of the certificate of title to the department's satisfaction and either provide evidence of the value of the motor vehicle, trailer, semitrailer, or pole trailer based on the vehicle condition as determined by the applicable national appraisal guide for the vehicle as of January 1 for the year in which the application is made or, if a national appraisal guide is not available for a motor vehicle, trailer, semitrailer, or pole trailer, the applicant shall certify the value of the motor vehicle, trailer, semitrailer, or pole trailer by providing the bill of sale and a notarized document from the applicant attesting to the value.

(iii) If application is being made for a motor vehicle, trailer, semitrailer, or pole trailer that is less than 30 years old with a value that exceeds $1,000, the applicant shall provide a bond, in a form prescribed by the department, issued by a surety company authorized to do business in this state, in an amount equal to the value of the motor vehicle, trailer, semitrailer, or pole trailer for which the application is being made as determined by the applicant, based on the vehicle condition as determined by the applicable national appraisal guide for the motor vehicle, trailer, semitrailer, or pole trailer as of January 1 for the year in which the application is made or, if a national appraisal guide is not available for a motor vehicle, trailer, semitrailer, or pole trailer, the applicant shall certify the value of the motor vehicle, trailer, semitrailer, or pole trailer by providing the bill of sale and a notarized document from the applicant attesting to the value. The bond is conditioned to indemnify a prior owner, lienholder, subsequent purchaser, secured creditor, or encumbrancer of the motor vehicle, trailer, semitrailer, or pole trailer and any respective successors in interest against expenses, losses, or damages, including reasonable attorney fees, caused by the issuance of the certificate of title or by a defect in or undisclosed security interest upon the right, title, and interest of the applicant in the motor vehicle, trailer, semitrailer, or pole trailer.

(iv) If the application is being made for a motor vehicle sold without a manufacturer's certificate of origin, the applicant shall:

(A) purchase and install all equipment required for the motor vehicle pursuant to Title 61, chapter 9, part 2;

(B) obtain an inspection by a law enforcement agent to verify that all required equipment is present and operational; and

(C) provide a bond, in a form prescribed by the department, issued by a surety company authorized to do business in this state, in an amount equal to the full retail price of the motor vehicle for which the application is being made. The bond is conditioned to indemnify a prior owner, lienholder, subsequent purchaser, secured creditor, or encumbrancer of the motor vehicle and any respective successors in interest against expenses, losses, or damages, including reasonable attorney fees, caused by the issuance of the certificate of title or by a defect in or undisclosed security interest upon the right, title, and interest of the applicant in the motor vehicle.

(3) Any interested person has a right of action to recover on the bond furnished under this section for a breach of its conditions, but the aggregate liability of the surety to all persons may not exceed the amount of the bond.

(4) Unless the department has been notified of a pending action to recover the bond furnished under this section, the department shall return the bond at the earlier of:

(a) 3 years from the date of issuance of the certificate of title; or

(b) the date of surrender of the valid certificate of title to the department if the motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile is no longer required to have a certificate of title in this state.
Mont. Code Ann. § 61-8-605 — MT Code / Title 61 / Chapter 8 / Part 6 / Section 61-8-605
61-8-605 Riding on roadways and paved shoulders
Status: in_force

61-8-605 . Riding on roadways and paved shoulders. (1) A person may operate a bicycle on a roadway or a paved shoulder. Persons operating bicycles on a paved shoulder may ride two abreast.

(2) A person operating a bicycle on a roadway at less than the normal speed of traffic shall ride in the right-hand lane of the roadway or a paved shoulder if it exists and provides a reasonable margin of safety, subject to the following provisions:

(a) If the right-hand lane is wide enough to be safely shared with overtaking vehicles, a bicyclist shall ride far enough to the right as judged safe by the bicyclist to facilitate the movement of overtaking vehicles unless other conditions make it unsafe to do so.

(b) A bicyclist may use a lane other than the right-hand lane when:

(i) overtaking and passing a slower vehicle;

(ii) preparing for a left turn at an intersection or into a private road or driveway;

(iii) the right-hand lane is a dedicated right-turn lane and the bicyclist does not intend to turn right; or

(iv) it is necessary to avoid a condition that makes it unsafe to ride in the right-hand lane of the roadway.

(3) A person operating a bicycle on a one-way roadway with two or more marked traffic lanes may ride as close to the left side of the roadway as judged safe by the bicyclist.

(4) Persons riding bicycles on a roadway shall ride in single file except when:

(a) riding on paths or parts of roadways set aside for the exclusive use of bicycles;

(b) overtaking and passing another bicycle;

(c) riding in a parking lane, in which case the persons may ride two abreast; or

(d) riding within a single lane on a laned roadway with at least two lanes in each direction, in which case the persons may ride two abreast only if they do not impede the normal and reasonable movement of traffic more than they would otherwise impede traffic by riding single file and in accordance with the provisions of this chapter.

(5) A bicyclist is not expected or required to ride:

(a) over or through hazards at the edge of a roadway or a paved shoulder, including but not limited to fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards, or narrow lanes; or

(b) without a reasonable margin of safety on the right side of the roadway or a paved shoulder.
Mont. Code Ann. § 61-9-225 — MT Code / Title 61 / Chapter 9 / Part 2 / Section 61-9-225
61-9-225 Number of driving lamps required or permitted
Status: in_force

61-9-225 . Number of driving lamps required or permitted. (1) At all times specified in 61-9-201 , at least two lighted lamps shall be displayed, one on each side at the front of every motor vehicle other than a motorcycle, quadricycle, or motor-driven cycle, except when such vehicle is parked, subject to the regulations governing lights on parked vehicles.

(2) Whenever a motor vehicle equipped with headlamps as herein required is also equipped with any auxiliary lamps or a spot lamp or any other lamp on the front thereof projecting a beam of intensity greater than 300 candlepower, not more than a total of four of any such lamps on the front of a vehicle shall be lighted at any one time when upon a highway.
Mont. Code Ann. § 61-11-506 — MT Code / Title 61 / Chapter 11 / Part 5 / Section 61-11-506
61-11-506 Disclosure of personal information from motor vehicle record prohibited
Status: in_force

61-11-506 . Disclosure of personal information from motor vehicle record prohibited. The department may not disclose personal information from a motor vehicle record unless the disclosure is permitted or required, as provided in 61-11-507 , 61-11-508 , or 61-11-509 .
Mont. Code Ann. § 61-8-335 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-335
61-8-335 Starting parked vehicle
Status: in_force

61-8-335 . Starting parked vehicle. No person shall start a vehicle which is stopped, standing, or parked unless and until such movement can be made with reasonable safety.
Mont. Code Ann. § 61-4-111 — MT Code / Title 61 / Chapter 4 / Part 1 / Section 61-4-111
61-4-111 Used vehicles -- transfer to and from dealers
Status: in_force

61-4-111 . Used vehicles -- transfer to and from dealers. (1) Except as provided in 61-4-124 (6), a dealer or wholesaler who intends to resell a used motor vehicle, power sports vehicle, or trailer and who operates the motor vehicle, power sports vehicle, or trailer only for demonstration purposes:

(a) is exempt from registration under 23-2-515 , 23-2-616 , 23-2-804 , or 61-3-302 (3) when applying for a certificate of title; and

(b) may transfer or receive ownership of a motor vehicle, power sports vehicle, or trailer by use of a dealer reassignment section on a certificate of title. However, when the allotted number of dealer reassignment sections on a certificate of title has been completed, ownership of the motor vehicle, power sports vehicle, or trailer may not be transferred until an application for a certificate of title has been submitted by the dealer or an authorized agent to an authorized agent or the department and a new certificate of title has been issued.

(2) Upon the transfer of a used motor vehicle, power sports vehicle, or trailer to a person other than a dealer or wholesaler, a temporary registration permit may be issued under 61-3-224 to the person to whom the used motor vehicle, power sports vehicle, or trailer was transferred if the dealer is an authorized agent. In addition, the following acts are required of the dealer on or before the times set forth in this subsection:

(a) Within 30 calendar days following the date of delivery of the motor vehicle, power sports vehicle, or trailer or within 120 calendar days if a temporary registration permit is issued pursuant to 61-3-303 (4)(b), the dealer shall forward to an authorized agent or to the county treasurer of the county where the owner of the motor vehicle, power sports vehicle, or trailer is domiciled:

(i) the assigned certificate of title or, if a certificate of title for the motor vehicle, power sports vehicle, or trailer has not been issued in this state, a copy of the then-current registration receipt or certificate in the dealer's possession; and

(ii) an application for a certificate of title executed by the new owner in accordance with the provisions of 61-3-216 and 61-3-220 .

(b) Transmission of the documents by the dealer to the county treasurer or an authorized agent may be accomplished either by personal delivery, by first-class mail, or by electronic means, as authorized by the department.

(c) If the dealer is unable to forward the certificate of title or, if applicable, registration receipt within the time set forth in subsection (2)(a), the dealer is subject to the provisions of 61-4-119 .

(3) Upon compliance by the dealer with the requirements in this section, title to the motor vehicle, power sports vehicle, or trailer is considered to have passed to the purchaser as of the date of the delivery of the motor vehicle, power sports vehicle, or trailer to the purchaser by the dealer, and the dealer has no further liability or responsibility with respect to the processing of registration.
Mont. Code Ann. § 61-4-204 — MT Code / Title 61 / Chapter 4 / Part 2 / Section 61-4-204
61-4-204 Filing agreement -- product liability
Status: in_force

61-4-204 . Filing agreement -- product liability. (1) A franchisee shall, at the time of application for a new motor vehicle dealer license under the provisions of 61-4-101 , file with the department a certified copy of the franchisee's written agreement with a manufacturer and a certificate of appointment as dealer or distributor. The certificate of appointment must be signed by an authorized agent of the manufacturer of domestic motor vehicles whenever there is a direct manufacturer dealer agreement or by an authorized agent of the distributor whenever the manufacturer is wholesaling through an appointed distributorship. The certificate must be signed by an authorized agent of the importer of foreign-made vehicles whenever there is a direct importer-dealer agreement or by an authorized agent of the distributor whenever there is an indirect distributor-dealer agreement. The distributor's certificate of appointment must be signed by an authorized agent of the manufacturer of domestically manufactured motor vehicles or by an authorized agent of the manufacturer or importer of foreign-made motor vehicles.

(2) A franchisee need not file a written agreement or certificate of appointment if the manufacturer on direct dealerships or distributor on indirect dealerships or importer on direct dealerships uses the identical basic agreement for all its franchised dealers or distributors in this state and certifies in the certificate of appointment that the blanket agreement is on file and the written agreement with the particular dealer or distributor, respectively, is identical with the filed blanket agreement and that the franchisee has filed with the department one agreement together with a list of franchised dealers or distributors.

(3) A franchisor shall notify the department within 30 days of any revision of or addition to the basic agreement on file or of any franchise supplement to the agreement. Annual renewal of a certificate filed as provided in this section is not required.

(4) A manufacturer shall file with the department a copy of the delivery and preparation obligations required to be performed by a dealer prior to the delivery of a new motor vehicle to a buyer. These delivery and preparation obligations constitute the dealer's only responsibility for product liability as between the dealer and the manufacturer. Any mechanical, body, or parts defects arising from an express or implied warranty of the manufacturer constitute the manufacturer's product or warranty liability only. A manufacturer may not refuse a dealer's demand for defense and indemnity of a claim to which the dealer has been joined as a party, alleging manufacturer's negligence or breach of the manufacturer's warranty or product liability based on the mere allegations of the complaint without a reasonable investigation of the facts and determination that the dealer failed to perform the dealer's delivery and preparation obligations as required by this subsection or otherwise violated a legal duty owed to the claimant or manufacturer. However, this section may not affect the obligations of new motor vehicle dealers to perform warranty repair and maintenance that may be required by law or contract. Except with regard to household appliances, including but not limited to ranges, refrigerators, and water heaters, in a recreational vehicle and except with regard to a truck rated at more than 10,000 pounds gross vehicle weight, the manufacturer shall compensate an authorized dealer for labor, parts, and other expenses incurred by a dealer who performs work to rectify the manufacturer's product or warranty defect or for delivery and preparation obligations as provided in this part.

(5) All claims made by the dealer for compensation for delivery, preparation, and recall service, including labor, parts, and other expenses, and claims made for incentives must be paid by the manufacturer within 30 days of receipt of the claim from the dealer, unless the claim is properly disapproved, except that a manufacturer of a motor home shall pay any claim within 60 days of receipt from the dealer.

(6) Notwithstanding the terms of any agreement, the franchisor may not refuse to allocate, sell, or deliver motor vehicles, may not penalize a dealer, may not charge back or withhold payments or other things of value for which the dealer is otherwise entitled under a sales promotion, program, or contest, and may not prevent the dealer from participating in any promotion, program, or contest based on the dealer's selling of a motor vehicle to a customer who was present at the dealership and that the dealer did not know or could not have reasonably known that the motor vehicle would be shipped to a foreign country. There is a rebuttable presumption that the dealer did not know or could not have reasonably known that the vehicle would be shipped to a foreign country if the motor vehicle is titled in the United States.

(7) A franchisor may reasonably and periodically audit a motor vehicle dealer to determine the validity of paid claims or charge-backs for customer or dealer incentives.

(8) A dealer has 60 days from the date of notification by a manufacturer of a denial or a charge-back to the dealer to resubmit a claim for payment or compensation if the claim was denied for a dealer's incidental failure as set forth in 61-4-213 (12)(d), regardless of whether the denial or charge-back was a direct or an indirect transaction.

(9) A dealer has 90 days after the expiration of a franchisor incentive program, or a longer time if provided by the franchise agreement, to submit a claim for payment or compensation under the program.

(10) Notwithstanding the terms of a franchise agreement or other contract with a dealer, after the expiration of 1 year after the date of payment of a motor vehicle claim or 1 year from the end of a program that does not exceed 1 year in length, whichever is later, a franchisor may not:

(a) charge back to a dealer, whether directly or indirectly, the amount of a claim that has been approved and paid by the franchisor under an incentive program;

(b) charge back to a dealer, whether directly or indirectly, the cash value of a prize or other thing of value awarded to the dealer under an incentive program; or

(c) audit the records of a dealer to determine compliance with the terms of an incentive program.

(11) Subsection (10) does not prohibit a franchisor from making charge-backs to a dealer for fraud at any time as permitted by 27-2-203 .

(12) The dealer shall furnish the purchaser of a new motor vehicle with a signed copy of the manufacturer's delivery and preparation requirements indicating that each of those requirements has been performed.

(13) Any violation of this section constitutes a prohibited practice.
Mont. Code Ann. § 61-8-104 — MT Code / Title 61 / Chapter 8 / Part 1 / Section 61-8-104
61-8-104 Required obedience to traffic laws
Status: in_force

61-8-104 . Required obedience to traffic laws. It is unlawful and, unless otherwise declared in this chapter with respect to particular offenses, it is a misdemeanor punishable as provided in 61-8-711 for any person to do any act forbidden or fail to perform any act required in this chapter.
Mont. Code Ann. § 61-5-110 — MT Code / Title 61 / Chapter 5 / Part 1 / Section 61-5-110
61-5-110 Records check of applicants -- examination of applicants -- cooperative driver testing programs -- reciprocal agreement with foreign country
Status: in_force

61-5-110 . Records check of applicants -- examination of applicants -- cooperative driver testing programs -- reciprocal agreement with foreign country. (1) Prior to examining an applicant for a driver's license, the department shall conduct a check of the applicant's driving record by querying the national driver register, established under 49 U.S.C. 30302, and the commercial driver's license information system, established under 49 U.S.C. 31309.

(2) (a) The department shall examine each applicant for a driver's license or motorcycle endorsement, except as otherwise provided in this section. The examination must include a test of the applicant's eyesight, a knowledge test examining the applicant's ability to read and understand highway signs and the applicant's knowledge of the traffic laws of this state, and, except as provided in 61-5-118 , a road test or a skills test demonstrating the applicant's ability to exercise ordinary and reasonable control in the safe operation of a motor vehicle or motorcycle. The road test or skills test must be performed by the applicant in a motor vehicle that the applicant certifies is representative of the class and type of motor vehicle for which the applicant is seeking a license or endorsement.

(b) The knowledge test, road test, or skills test may be waived by the department:

(i) upon certification of the applicant's successful completion of the test by a certified cooperative driver testing program as provided in subsection (4) or by a certified third-party commercial driver testing program as provided in 61-5-118 ; or

(ii) in accordance with a driver's license reciprocity agreement between the department and a foreign country.

(c) The skills test may be waived by the department upon the applicant's completion of the requirements of 61-5-123 .

(3) The department shall, pursuant to administrative rule authority granted in 61-14-202 (4), (5), and (6), conduct records checks prior to processing a nonexempt commercial driver's license application and prior to renewing, transferring, or upgrading a commercial driver's license or commercial learner's permit, and shall act in conformity with the legislative direction provided in 61-14-202 (5) and (6) upon receiving results from records checks. The department shall implement the administrative rules on or before January 1, 2024.

(4) The department is authorized to certify as a cooperative driver testing program any state-approved high school traffic education course offered by or in cooperation with a school district that employs an approved instructor who has current endorsement from the superintendent of public instruction as a teacher of traffic education or any motorcycle safety training course approved by the board of regents and that employs an approved instructor of motorcycle safety training and who agrees to:

(a) administer standardized knowledge and road tests or skills tests required by the department to students participating in the district's high school traffic education courses or motorcycle safety training courses approved by the board of regents;

(b) certify the test results to the department; and

(c) comply with regulations of the department, the superintendent of public instruction, and the board of regents.

(5) (a) Except as otherwise provided by law, an applicant who has a driver's license issued by another jurisdiction that is currently valid or expired for less than 1 year may surrender that license for a Montana license of the same class, type, and endorsement upon payment of the required fees and successful completion of a vision examination. In addition, an applicant surrendering a commercial driver's license issued by another jurisdiction shall successfully complete any examination required by federal regulations before being issued a commercial driver's license by the department.

(b) The department may require an applicant who surrenders a driver's license issued by another jurisdiction that is currently valid or expired for less than 1 year to submit to a knowledge and road or skills test if:

(i) the applicant has a physical or mental disability, limitation, or condition that impairs, or may impair, the applicant's ability to exercise ordinary and reasonable control in the safe operation of a motor vehicle on the highway; and

(ii) the surrendered license does not include readily discernible adaptive equipment or operational restrictions appropriate to the applicant's functional abilities; or

(iii) the applicant wants to remove or modify a restriction imposed on the surrendered license.

(c) When a license from another jurisdiction is surrendered, the department shall notify the issuing agency from the other jurisdiction that the applicant has surrendered the license. If the applicant wants to retain the license from another jurisdiction for identification or other nondriving purposes, the department shall place a distinctive mark on the license, indicating that the license may be used for nondriving purposes only, and return the marked license to the applicant.

(6) The department may enter into a reciprocity agreement with a foreign country to provide for the mutual recognition and exchange of a valid driver's license issued by this state or the foreign country if the department determines that the licensing standards of the foreign country are comparable to those of this state. The agreement may not include the reciprocal exchange of a commercial driver's license.
Mont. Code Ann. § 61-8-816 — MT Code / Title 61 / Chapter 8 / Part 8 / Section 61-8-816
61-8-816 Commencement of commercial driver's license suspension or disqualification
Status: in_force

61-8-816 . Commencement of commercial driver's license suspension or disqualification. A suspension or disqualification under this part commences either from the date of receipt by the department of a report of conviction from a court or another licensing jurisdiction or the day following the completion of a previously imposed period of suspension or disqualification, whichever occurs later.
Mont. Code Ann. § 61-12-201 — MT Code / Title 61 / Chapter 12 / Part 2 / Section 61-12-201
61-12-201 Appointment of employees and out-of-state personnel as peace officers -- definition
Status: in_force

61-12-201 . Appointment of employees and out-of-state personnel as peace officers -- definition. (1) The director of transportation may appoint employees of the department as peace officers to carry out this part. The employees appointed may include only those employees of the department who are employed in the administration of the motor carrier services functions of the department and employees of other states. Out-of-state personnel may be appointed only for the purpose of enforcing gross vehicle weight laws at joint weigh station facilities. Each employee appointed must be issued a certificate of appointment and execute an oath of office, which must be entered into the records of the department.

(2) The department may enter into joint weigh station agreements with other states. If the department enters into a joint weigh station agreement with another state, the department may not reduce staff levels in the motor carrier services division of the department as a result of the agreement but may reassign staff. However, this subsection does not apply to a reduction in force for the department as a whole.

(3) As used in this part, "department" means the department of transportation.
Mont. Code Ann. § 61-6-124 — MT Code / Title 61 / Chapter 6 / Part 1 / Section 61-6-124
61-6-124 Satisfaction of judgments
Status: in_force

61-6-124 . Satisfaction of judgments. (1) Judgments herein referred to shall, for the purposes of this part only, be considered satisfied:

(a) when $25,000 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of one person as the result of any one accident;

(b) when, subject to the limit of $25,000 because of bodily injury to or death of one person, the sum of $50,000 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of two or more persons as the result of any one accident; or

(c) when $5,000 has been credited upon any judgment or judgments rendered in excess of that amount because of injury to or destruction of property of others as a result of any one accident.

(2) Payments made in settlement of any claims because of bodily injury, death, or property damage arising from a motor vehicle accident shall be credited in reduction of the amounts provided for in this section.
Mont. Code Ann. § 61-9-211 — MT Code / Title 61 / Chapter 9 / Part 2 / Section 61-9-211
61-9-211 Visibility of reflectors, clearance lamps, and marker lamps
Status: in_force

61-9-211 . Visibility of reflectors, clearance lamps, and marker lamps. (1) Every reflector upon any vehicle referred to in 61-9-208 shall be of such size and characteristics and so maintained as to be readily visible at nighttime from all distances within 600 feet to 100 feet from the vehicle when directly in front of lawful upper beams of headlamps. Reflectors required to be mounted on the sides of the vehicle shall reflect the required color of light to the sides, and those mounted on the rear shall reflect a red color to the rear.

(2) Front and rear clearance lamps shall be capable of being seen and distinguished under normal atmospheric conditions, at the times lights are required, at a distance of 500 feet from the front and rear respectively of the vehicle.

(3) Side marker lamps shall be capable of being seen and distinguished under normal atmospheric conditions, at the times lights are required, at a distance of 500 feet from the side of the vehicle on which mounted.
Mont. Code Ann. § 61-3-101 — MT Code / Title 61 / Chapter 3 / Part 1 / Section 61-3-101
61-3-101 Duties of department -- records
Status: in_force

61-3-101 . Duties of department -- records. (1) (a) The department shall create and maintain a central registry of electronic files that includes an electronic record of title as specified in this section for motor vehicles, trailers, semitrailers, pole trailers, travel trailers, campers, motorboats, personal watercraft, sailboats, snowmobiles, and off-highway vehicles for which:

(i) an application for a certificate of title has been received by the department, its authorized agent, or a county treasurer;

(ii) a certificate of title has been issued by the department; or

(iii) a registration, security interest, or lien transaction has been recorded by the department.

(b) The central registry of electronic files described in subsection (1) must include an electronic record of registration for each motor vehicle, trailer, semitrailer, pole trailer, travel trailer, camper, motorboat, personal watercraft, sailboat, snowmobile, and off-highway vehicle registered in this state:

(i) for which the certificate of title was issued by another jurisdiction and that was registered in another jurisdiction; or

(ii) for which a certificate of title has not been issued or is not required.

(2) The electronic record of title for a motor vehicle, trailer, semitrailer, pole trailer, travel trailer, camper, motorboat, personal watercraft, sailboat, snowmobile, or off-highway vehicle must contain the following information:

(a) the owner's name, Montana residence and, if different, mailing address, and customer identification number;

(b) a description of the motor vehicle, trailer, semitrailer, pole trailer, travel trailer, camper, motorboat, personal watercraft, sailboat, snowmobile, or off-highway vehicle, including, as pertinent to the motor vehicle, trailer, semitrailer, pole trailer, travel trailer, camper, motorboat, personal watercraft, sailboat, snowmobile, or off-highway vehicle:

(i) the manufacturer of the motor vehicle, trailer, semitrailer, pole trailer, travel trailer, camper, motorboat, personal watercraft, sailboat, snowmobile, or off-highway vehicle;

(ii) the manufacturer's designation of the style of the motor vehicle, trailer, semitrailer, pole trailer, travel trailer, camper, motorboat, personal watercraft, sailboat, snowmobile, or off-highway vehicle;

(iii) the identifying number;

(iv) the manufacturer's designated model year of manufacture and the odometer reading, if applicable, at the time of the transfer of ownership;

(v) the character of the motive power and the shipping weight of the motor vehicle, trailer, semitrailer, pole trailer, travel trailer, camper, motorboat, personal watercraft, sailboat, snowmobile, or off-highway vehicle as shown by the manufacturer;

(vi) the distinctive license number assigned to the motor vehicle, trailer, semitrailer, pole trailer, travel trailer, camper, motorboat, personal watercraft, sailboat, snowmobile, or off-highway vehicle, if any;

(vii) the gross vehicle weight and gross vehicle weight rating, as determined by the manufacturer, or, for a trailer operating interstate, the declared weight;

(viii) the unique transaction record number, when available and assigned by the department, for each transaction pertaining to the motor vehicle, trailer, semitrailer, pole trailer, travel trailer, camper, motorboat, personal watercraft, sailboat, snowmobile, or off-highway vehicle and the date of each transaction;

(ix) any brand required under state law or any brand carried forward from a certificate of title surrendered from another jurisdiction;

(x) if the motor vehicle, trailer, semitrailer, pole trailer, travel trailer, camper, motorboat, personal watercraft, sailboat, snowmobile, or off-highway vehicle has been or is currently registered in this state, the distinctive license plate number or certificate number assigned to the motor vehicle, trailer, semitrailer, pole trailer, travel trailer, camper, motorboat, personal watercraft, sailboat, snowmobile, or off-highway vehicle and a record of all fees and local option taxes, if applicable, paid for the current and preceding registration periods; and

(xi) other information that may be required for registration or may from time to time be found desirable.

(3) The electronic record of registration for a motor vehicle, trailer, semitrailer, pole trailer, travel trailer, camper, motorboat, personal watercraft, sailboat, snowmobile, or off-highway vehicle must contain, at a minimum, the following information:

(a) the owner's name, Montana residence and, if different, mailing address, and the customer identification number;

(b) the same data that is required under subsection (2)(b) for the electronic record of title; and

(c) any other data considered to be pertinent by the department.

(4) In order to prevent an accumulation of unneeded records and files, regardless of any other statutory requirements, the department may destroy all records and files that relate to motor vehicles, trailers, semitrailers, pole trailers, travel trailers, campers, motorboats, personal watercraft, sailboats, snowmobiles, or off-highway vehicles that have not been registered within the preceding 4 years and that do not have an active lien.

(5) Subject to the provisions of Title 61, chapter 11, part 5, motor vehicle records maintained by the department must be open to inspection during reasonable business hours, and the department shall furnish any information from the records, except personal information and highly restricted personal information, as defined in 61-11-503 , upon payment by the applicant of the cost of the information requested. Prior to providing the information, the department shall require the applicant to provide identification. The department may not disclose personal information or highly restricted personal information except as permitted or required under 61-11-507 , 61-11-508 , or 61-11-509 .
Mont. Code Ann. § 61-2-208 — MT Code / Title 61 / Chapter 2 / Part 2 / Section 61-2-208
61-2-208 Equipment safety commission funds
Status: in_force

61-2-208 . Equipment safety commission funds. (1) Pursuant to Article VI(1) of the compact, the vehicle equipment safety commission shall submit its budgets to the state budget director.

(2) Pursuant to Article VI(5) of the compact, the department of administration may inspect the accounts of the vehicle equipment safety commission.
Mont. Code Ann. § 61-14-201 — MT Code / Title 61 / Chapter 14 / Part 2 / Section 61-14-201
61-14-201 Rulemaking authority -- driver's licenses and identification cards
Status: in_force

61-14-201 . Rulemaking authority -- driver's licenses and identification cards. (1) The department may adopt rules to administer and enforce the provisions of Title 61, chapter 5.

(2) The department may adopt rules governing acceptable methods of proof of identification, including name, date of birth, and authorized presence, that an individual must submit when applying for a license or identification card, including a new, renewal, or replacement license or identification card.

(3) The department may adopt rules governing the determination of the driver's license expiration date, minimum and maximum license terms, and license renewal requirements for a driver's license issued to a person who is a foreign national whose presence in the United States is temporarily authorized under federal law.

(4) The department shall adopt rules governing the calculation of grace periods for renewals and the calculation of other time periods established by statute or federal regulation.

(5) The department may adopt rules governing the renewal of a driver's license by a person in the military assigned to active duty who had a valid Montana driver's license at the time of entering active duty.

(6) The department shall adopt rules to set the standards for driver license examinations and reexaminations.

(7) The department may adopt rules to set the standards for photographs, certifications, and signature requirements for the issuance of driver's licenses.

(8) The department shall adopt rules establishing the functional abilities and skills required to exercise ordinary and reasonable control to safely operate a motor vehicle. The rules:

(a) must include operational restrictions based on the driver's ability and skills;

(b) may direct the design of one or more types of skills tests. A skills test may consist of:

(i) a comprehensive assessment of a person's functional abilities by means of an actual demonstration of the applicant's ability to exercise ordinary and reasonable control in the safe operation of a motor vehicle; or

(ii) a more limited assessment of a person's functional abilities, conducted at the discretion of the department, as related to a specific physical or mental condition or conditions or a request for reexamination.

(c) must include appropriate licensing criteria relating to the use of adaptive equipment or operational limits that can be readily discerned by law enforcement or a licensing agency in another jurisdiction.

(9) The department shall adopt rules establishing vision requirements for a person to safely operate a motor vehicle. The rules:

(a) must include the minimum uncorrected or corrected visual acuity requirements for both unrestricted and restricted licenses and operational restrictions based on the visual acuity of an applicant or licensee, including the use of bioptic lenses; and

(b) may include minimum field of vision and depth perception requirements for both unrestricted and restricted licenses.

(10) The rules in subsections (8) and (9):

(a) may take into consideration any nationally recognized standards or recommended practices or standards of other jurisdictions for assessment of a person's functional abilities and skills;

(b) may be derived from medical guidelines and information compiled by driver licensing medical advisory or review boards from other jurisdictions, as well as information received from advocacy groups for persons with disabilities and senior citizens; and

(c) except as provided in 61-5-105 , may not use a person's age or a person's physical or mental disability, limitation, or condition as a justification for the denial of a license.

(11) The department shall adopt rules governing the issuance of a restricted learner license, including when the department may issue a restricted learner license to allow for a driver to practice driving skills.

(12) The department shall adopt rules governing the issuance of a hardship license to a person who is at least 13 years of age and because of individual hardship needs a restricted driver's license, including a person who holds a learner license under 61-5-106 . The department must consider, among other criteria, whether a hardship license is needed because the applicant's parent or guardian is not available to accompany the licensee, whether due to employment or circumstances related to the operation of a farm or ranch or because the parent or guardian does not hold a valid driver's license, and the licensee is required to drive to the licensee's school bus stop.

(13) The department may adopt rules governing probationary licenses, including:

(a) issuance to a person whose license has been suspended or revoked or whose license is subject to a discretionary suspension or revocation;

(b) the establishment of restrictions placed on a probationary license;

(c) the expiration of a probationary license;

(d) the cancellation of a probationary license for violating the restrictions on the probationary license or for another law violation; and

(e) the issuance, withdrawal, and monitoring of a restricted-use driving permit issued under 61-5-232 .

(14) The department may adopt rules governing the requirements for a veteran designation on a driver's license or identification card.

(15) The department may adopt rules governing the issuance of a replacement driver's license.

(16) The department may adopt rules governing the certification process for cooperative driver testing program instructors.

(17) The department may adopt rules for the implementation of online driver's license renewal.

(18) The department shall adopt rules governing the issuance, renewal, and cancellation of identification cards that align with the proof of identity, residence, and authorized presence standards for a driver's license.

(19) The department may adopt rules for determining moving violations.

(20) The department may adopt rules for charging a fee for not appearing at a scheduled commercial skills test or motorcycle test and for the waiver of the fee for good cause shown.

(21) The department shall adopt rules governing restrictions for personal communication limitations and other medical information that would be helpful to a peace officer during a traffic stop.

(22) The department may adopt rules governing the conditions under which an applicant is eligible to receive a driver's license or identification card by expedited service and to set the fee for expedited service.

(23) (a) By September 1, 2025, the department shall establish a program that allows every qualifying applicant for a driver's license the option to acquire a digital version of the applicant's driver's license in addition to the physical version issued pursuant to 61-5-116 .

(b) By July 1, 2025, the department shall adopt rules to implement subsection (23)(a), including but not limited to issuance requirements, specifications, security and privacy protections, and allowable uses associated with the digital driver's license.

(24) The department may adopt rules to implement any other provision of this title.
Mont. Code Ann. § 61-8-606 — MT Code / Title 61 / Chapter 8 / Part 6 / Section 61-8-606
61-8-606 Carrying articles
Status: in_force

61-8-606 . Carrying articles. A person operating a bicycle, moped, or motorized scooter may not carry any package, bundle, or article that prevents the person from keeping at least one hand on the handlebars.
Mont. Code Ann. § 61-3-216 — MT Code / Title 61 / Chapter 3 / Part 2 / Section 61-3-216
61-3-216 Certificates of title -- application -- contents -- issuance
Status: in_force

61-3-216 . Certificates of title -- application -- contents -- issuance. (1) The owner of a motor vehicle, trailer, semitrailer, pole trailer, travel trailer, camper, motorboat, personal watercraft, sailboat, snowmobile, or off-highway vehicle shall apply for a certificate of title on a form prescribed by the department or, if authorized by the department, in an electronic record provided by the department and made available to an authorized agent of the department or a county treasurer.

(2) The application for a certificate of title, upon completion, must include:

(a) the owner's name, Montana residence and, if different, mailing address, and customer identification number;

(b) a description of the motor vehicle, trailer, semitrailer, pole trailer, travel trailer, camper, motorboat, personal watercraft, sailboat, snowmobile, or off-highway vehicle, including, as available and pertinent to the vehicle:

(i) the motor vehicle, trailer, semitrailer, pole trailer, travel trailer, camper, motorboat, personal watercraft, sailboat, snowmobile, or off-highway vehicle make, model, manufacturer's designated model year of manufacture, vehicle identification number, and type of body and a description of motive power;

(ii) the odometer reading, if applicable, at the time of transfer of ownership;

(iii) the gross vehicle weight rating, gross vehicle weight, or shipping weight, if applicable, as determined by the manufacturer;

(iv) whether the motor vehicle, trailer, semitrailer, pole trailer, travel trailer, camper, motorboat, personal watercraft, sailboat, snowmobile, or off-highway vehicle was new or used at the time of transfer; and

(v) for a trailer operating intrastate, its declared weight;

(c) the date on which the motor vehicle, trailer, semitrailer, pole trailer, travel trailer, camper, motorboat, personal watercraft, sailboat, snowmobile, or off-highway vehicle was purchased by or was transferred to the applicant, the name and address of the person from whom the motor vehicle, trailer, semitrailer, pole trailer, travel trailer, camper, motorboat, personal watercraft, sailboat, snowmobile, or off-highway vehicle was acquired, and the names and addresses of any secured parties or lienholders for whom the applicant is acknowledging a voluntary security interest;

(d) any other information that the department requires to identify the motor vehicle, trailer, semitrailer, pole trailer, travel trailer, camper, motorboat, personal watercraft, sailboat, snowmobile, or off-highway vehicle and to enable the department to determine whether the owner is entitled to a certificate of title and to determine the existence of security interests in the motor vehicle, trailer, semitrailer, pole trailer, travel trailer, camper, motorboat, personal watercraft, sailboat, snowmobile, or off-highway vehicle;

(e) if applicable, an odometer statement containing the information required in 61-3-206 or, if the title does not contain a space for the information, a separate document approved by the department that provides the same information that is required in 61-3-206 ; and

(f) a section that gives the applicant the option to direct the department, upon examination and review of the records and completion of the application process, to:

(i) issue a certificate of title as soon as possible; or

(ii) update the electronic record of title for the motor vehicle, trailer, semitrailer, pole trailer, travel trailer, camper, motorboat, personal watercraft, sailboat, snowmobile, or off-highway vehicle, issue a transaction summary receipt, and postpone the issuance of a certificate of a title until the motor vehicle, trailer, semitrailer, pole trailer, travel trailer, camper, motorboat, personal watercraft, sailboat, snowmobile, or off-highway vehicle owner submits a separate request for issuance of the certificate of title.

(3) The department may require a manufacturer's certificate of origin to be submitted with an application for a certificate of title to a new motor vehicle, trailer, semitrailer, pole trailer, travel trailer, camper, motorboat, personal watercraft, sailboat, snowmobile, or off-highway vehicle.

(4) Except as provided in 61-3-208 or subsection (4)(b) of this section, if the application is for a certificate of title to a used motor vehicle, trailer, semitrailer, pole trailer, travel trailer, camper, motorboat, personal watercraft, sailboat, snowmobile, or off-highway vehicle, the application must be:

(a) accompanied by a certificate of title that is properly assigned by the prior owner to the applicant; or

(b) acknowledged by the prior owner if the prior owner's interest in the motor vehicle, trailer, semitrailer, pole trailer, travel trailer, camper, motorboat, personal watercraft, sailboat, snowmobile, or off-highway vehicle was assigned to the applicant by means of a transfer on the electronic record of title entered by an authorized agent of the department or a county treasurer.

(5) If the application is for a certificate of title to a camper and if a certificate of title properly assigned by the prior owner is not available, the application must be accompanied by a bill of sale or a conditional sales contract and an affidavit sworn in the manner provided for in 1-6-105 in which the affiant affirms the validity of the bill of sale or conditional sales contract for the transaction.

(6) If the application is for a certificate of title to a motorboat, a personal watercraft, a sailboat that is 12 feet in length or longer, or a snowmobile and a certificate of title properly assigned by the prior owner is not available, the application must be accompanied by a bill of sale and an affidavit sworn in the manner provided for in 1-6-105 in which the affiant affirms the validity of the bill of sale for the transaction, an invoice, the current registration receipt for the motorboat, personal watercraft, sailboat, or snowmobile, or a certificate of number showing the transfer of ownership, which may be used to show the transfer of ownership for a motorboat, personal watercraft, sailboat, or snowmobile from the immediate prior owner to the applicant.
Mont. Code Ann. § 61-11-102 — MT Code / Title 61 / Chapter 11 / Part 1 / Section 61-11-102
61-11-102 Records to be kept by department
Status: in_force

61-11-102 . Records to be kept by department. (1) Except as provided in subsection (8), the department shall create and maintain a central database of electronic files that includes an individual Montana driving record for each person:

(a) who has been issued a Montana driver's license;

(b) who does not have a driver's license from, or active driving record in, another jurisdiction and for whom the department receives a report of conviction of a traffic violation or an offense requiring suspension or revocation of the person's driver's license; and

(c) whose driver's license or driving privileges have been suspended, revoked, canceled, or otherwise withdrawn by the department.

(2) An individual Montana driving record maintained under this section must include:

(a) personal information obtained from the application for a driver's license or a report of conviction;

(b) the person's driver's license number, license type, status, endorsements, restrictions, issue and expiration dates, and any suspensions, revocations, disqualifications, or cancellations that have been imposed against the person;

(c) all convictions reported to the department for the person; and

(d) traffic accidents in which the person was involved, except that a record of involvement in a traffic accident may not be entered on a licensee's record unless the licensee was convicted, as defined in 61-11-203 , for an act causally related to the accident.

(3) (a) The department shall create and maintain a CDLIS driver record for each person who has been issued a Montana commercial driver's license or for whom a record of conviction, disqualification, or other licensure action has been taken for violations of any state or local law relating to motor vehicle traffic regulation, other than a parking violation, committed while operating a commercial motor vehicle.

(b) A CDLIS driver record maintained by the department must meet the requirements of 49 CFR 384.225.

(c) If the department receives notice that a person has been disqualified by the federal motor carrier safety administration the department shall record the suspension or revocation on the CDLIS driver record.

(4) The department shall retain records created under this section for a period of time that meets or exceeds the standards established under 49 CFR, part 384.

(5) The department is further authorized, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this state, to forward, by electronic or other means, a report of the conviction to the motor vehicle administrator in the state in which the person is a resident or licensed.

(6) The department may place on a computer storage device the information contained on original records or reproductions of original records made pursuant to this section. Signatures on records are not required to be placed on a computer storage device.

(7) (a) Except as provided in subsection (7)(b), a reproduction of the information placed on a computer storage device is an original of the record for all purposes and is admissible in evidence without further foundation in all courts or administrative agencies when the department certifies the record.

(b) An order, record, or paper generated from the department's central database of electronic files of individual Montana driving records may be certified electronically by the generating computer. The certification must be a certification of the order, record, or paper as it appeared on a specific date.

(c) A court, an office of a clerk of court, or an attorney licensed to practice law in this state may receive and use a computer-generated individual Montana driving record as evidence without further foundation when:

(i) the individual Montana driving record is electronically transmitted from the department's central database of electronic individual Montana driving records to a department-authorized terminal device maintained by the court, the office of the clerk of court, or the attorney; and

(ii) the judge, an officer of the court, or the attorney certifies that the record was not altered in any way.

(8) Except as provided in subsection (4), the department may destroy any individual Montana driving record maintained under this section if there are no suspensions or revocations on the record and there has been no renewed credential in the immediately preceding 16 years.
Mont. Code Ann. § 61-7-112 — MT Code / Title 61 / Chapter 7 / Part 1 / Section 61-7-112
61-7-112 Coroners and medical examiners to report
Status: in_force

61-7-112 . Coroners and medical examiners to report. Each coroner, medical examiner, or other official performing similar functions shall, on or before the 10th day of each month, report in writing to the department the deaths of all persons within the official's respective jurisdiction during the preceding calendar month as the result of traffic accidents, giving the time and place of each accident and the circumstances relating to the accident.
Mont. Code Ann. § 61-3-601 — MT Code / Title 61 / Chapter 3 / Part 6 / Section 61-3-601
61-3-601 Penalty for violations
Status: in_force

61-3-601 . Penalty for violations. Except as otherwise provided, a violation of any of the provisions of this chapter is a misdemeanor and is punishable by a fine not exceeding $500. Nothing in this section prevents the prosecution of a person for an offense committed under any other law.
Mont. Code Ann. § 61-6-137 — MT Code / Title 61 / Chapter 6 / Part 1 / Section 61-6-137
61-6-137 Bond as proof of responsibility
Status: in_force

61-6-137 . Bond as proof of responsibility. (1) Proof of financial responsibility may be furnished by filing with the department the bond of a surety company authorized to transact business in the state or a bond with at least two individual sureties each owning real estate within this state and together having equities equal in value to at least twice the amount of the bond. The real estate must be scheduled in the bond approved by a judge of a court of record. The bond must be conditioned for payments in amounts and under the same circumstances that would be required in a motor vehicle liability policy and may not be cancelable except after 10 days' written notice to the department. Upon the filing of notice to this effect by the department in the office of the county clerk and recorder of the county in which the real estate is located, the bond constitutes a lien in favor of the state upon the scheduled real estate of any surety. The lien exists in favor of any holder of a judgment against the person who has filed the bond.

(2) The person in whose favor the lien exists may, for the person's own use and benefit and at the person's sole expense, bring an action or actions in the name of the state against the company or persons executing the bond, including an action or proceeding to foreclose any lien that may exist upon the real estate of any person who has executed the bond. The provisions of the Montana Rules of Civil Procedure, except to the extent that they are inconsistent with the provisions of this part, are applicable to and constitute the rules of practice in the foreclosure actions or proceedings. The provisions of the Montana Rules of Civil Procedure relative to new trials and appeals, except to the extent that they are inconsistent with the provisions of this part, apply to the actions or proceedings.
Mont. Code Ann. § 61-3-332 — MT Code / Title 61 / Chapter 3 / Part 3 / Section 61-3-332
61-3-332 Standard license plates
Status: in_force

61-3-332 . Standard license plates. (1) In addition to special license plates, collegiate license plates, generic specialty license plates, and fleet license plates authorized under this chapter, a separate series of standard license plates must be issued for motor vehicles, quadricycles, travel trailers, trailers, semitrailers, and pole trailers registered in this state or offered for sale by a vehicle dealer licensed in this state. Standard license plates issued to licensed vehicle dealers must be readily distinguishable from license plates issued to vehicles owned by other persons.

(2) (a) Except as provided in 61-3-479 and subsections (2)(b), (3)(b), and (3)(c) of this section, all standard license plates for motor vehicles, trailers, semitrailers, or pole trailers must bear a distinctive marking, as determined by the department, and be furnished by the department. In years when standard license plates are not reissued for a vehicle, the department shall provide a registration decal that must be affixed to the rear license plate of the vehicle.

(b) For light vehicles that are permanently registered as provided in 61-3-562 and motor vehicles described in 61-3-303 (10) that are permanently registered, the department shall provide a distinctive registration decal indicating that the motor vehicle is permanently registered. The registration decal must be affixed to the rear license plate of the permanently registered motor vehicle.

(c) For a travel trailer, motorcycle, quadricycle, trailer, semitrailer, or pole trailer that is permanently registered as provided in 61-3-313 (2), the department may use the word or an abbreviation for the word "permanent" on the plate in lieu of issuing a registration decal for the plate.

(3) (a) (i) New license plates issued under 61-3-303 or this section must be a standard license plate design first issued in 1989 or later or current collegiate or generic specialty license plate designs. For the purposes of this subsection (3), all military, veteran, and amateur radio license plates and any license plate with a wheelchair design, excluding collegiate or generic specialty plates with a wheelchair design, are treated as standard license plates.

(ii) (A) Except as provided in subsection (3)(a)(ii)(B), license plates issued on or after January 1, 2010, must be replaced with new license plates if, upon renewal of registration under 61-3-312 , the license plates are 5 or more years old or will become older than 5 years during the registration period. New license plates must be issued in accordance with the implementation schedule adopted by the department under 61-14-101 .

(B) License plates issued to a disabled veteran with a combat-related disability must be replaced with new license plates if, on renewal of registration under 61-3-312, the license plates are 10 or more years old or will become older than 10 years during the registration period.

(iii) A vehicle owner may elect to keep the same license plate number from license plates issued before January 1, 2010, when replacement of those plates is required under this subsection.

(b) A motor vehicle that is registered for a 13-month to a 24-month period, as provided in 61-3-311 , may display the license plate and plate design in effect at the time of registration for the entire registration period.

(c) A light vehicle described in subsection (2)(b) or a motor home that is permanently registered may display the license plate and plate design in effect at the time of registration for the entire period that the light vehicle or motor home is permanently registered.

(d) The provisions of this subsection (3) do not apply to a travel trailer, motorcycle, quadricycle, trailer, semitrailer, or pole trailer.

(e) The requirements of this subsection (3) apply to collegiate license plates authorized under 61-3-461 through 61-3-468 , generic specialty license plates authorized under 61-3-472 through 61-3-481 , commemorative centennial license plates authorized under 61-3-448 , and special military or veteran license plates authorized under 61-3-458 .

(4) (a) All license plates must be metal and treated with a reflectorized background material according to specifications prescribed by the department. The word "Montana" must be placed on each license plate and, except for license plates that are 4 inches wide and 7 inches in length, the outline of the state of Montana must be used as a distinctive border on each standard license plate.

(b) Plates for semitrailers, travel trailers, pole trailers, trailers with a declared weight of 6,000 pounds or more, and motor vehicles, other than motorcycles and quadricycles, must be 6 inches wide and 12 inches in length.

(c) Plates for motorcycles and quadricycles must be 4 inches wide and 7 inches in length.

(d) The department shall issue plates that are 4 inches wide and 7 inches in length for trailers with a declared weight of less than 6,000 pounds unless a person registering a trailer with a declared weight of less than 6,000 pounds requests plates that are 6 inches wide and 12 inches in length. A person registering a trailer shall pay all applicable fees for the plates chosen.

(5) The distinctive registration numbers for standard license plates must begin with a number one or with a letter-number combination, such as "A 1" or "AA 1", or any other similar combination of letters and numbers. Except for special license plates, collegiate license plates, generic specialty license plates, fleet license plates, and standard license plates that are 4 inches wide and 7 inches in length, the distinctive registration number or letter-number combination assigned to the motor vehicle must appear on the plate preceded by the number of the county and appearing in horizontal order on the same horizontal baseline. The county number must be separated from the distinctive registration number by a separation mark unless a letter-number combination is used. The dimensions of the numerals and letters must be determined by the department, and all county and registration numbers must be of equal height.

(6) For the use of exempt motor vehicles, trailers, semitrailers, or pole trailers and motor vehicles, trailers, semitrailers, or pole trailers that are exempt from the registration fee as provided in 61-3-321 , in addition to the markings provided in this section, standard license plates must bear the following distinctive markings:

(a) For motor vehicles, trailers, semitrailers, or pole trailers owned by the state, the department may designate the prefix number for the various state departments. All numbered plates issued to state departments must bear the words "State Owned", and a year number may not be indicated on the plates because these numbered plates are of a permanent nature and will be replaced by the department only when the physical condition of numbered plates requires it.

(b) For motor vehicles, trailers, semitrailers, or pole trailers that are owned by the counties, municipalities, and special districts, as defined in 18-8-202 , organized under the laws of Montana and not operating for profit, and that are used and operated by officials and employees in the line of duty and for motor vehicles on loan from the United States government or the state of Montana to, or owned by, the civil air patrol and used and operated by officials and employees in the line of duty, there must be placed on the standard license plates assigned, in a position that the department may designate, the letter "X" or the word "EXEMPT". Distinctive registration numbers for plates assigned to motor vehicles, trailers, semitrailers, or pole trailers of each of the counties in the state and those of the municipalities and special districts that obtain plates within each county must begin with number one and be numbered consecutively. Because these standard license plates are of a permanent nature, they are subject to replacement by the department only when the physical condition of the license plates requires it and a year number may not be displayed on the plates.

(7) For the purpose of this chapter, the several counties of the state are assigned numbers as follows: Silver Bow, 1; Cascade, 2; Yellowstone, 3; Missoula, 4; Lewis and Clark, 5; Gallatin, 6; Flathead, 7; Fergus, 8; Powder River, 9; Carbon, 10; Phillips, 11; Hill, 12; Ravalli, 13; Custer, 14; Lake, 15; Dawson, 16; Roosevelt, 17; Beaverhead, 18; Chouteau, 19; Valley, 20; Toole, 21; Big Horn, 22; Musselshell, 23; Blaine, 24; Madison, 25; Pondera, 26; Richland, 27; Powell, 28; Rosebud, 29; Deer Lodge, 30; Teton, 31; Stillwater, 32; Treasure, 33; Sheridan, 34; Sanders, 35; Judith Basin, 36; Daniels, 37; Glacier, 38; Fallon, 39; Sweet Grass, 40; McCone, 41; Carter, 42; Broadwater, 43; Wheatland, 44; Prairie, 45; Granite, 46; Meagher, 47; Liberty, 48; Park, 49; Garfield, 50; Jefferson, 51; Wibaux, 52; Golden Valley, 53; Mineral, 54; Petroleum, 55; Lincoln, 56. Any new counties must be assigned numbers by the department as they are formed, beginning with the number 57.

(8) Each type of special license plate approved by the legislature, except collegiate license plates authorized in 61-3-463 and generic specialty license plates authorized in 61-3-472 through 61-3-481 , must be a separate series of plates, numbered as provided in subsection (5), except that the county number must be replaced by a design that distinguishes each separate plate series. Unless otherwise specifically stated in this section, the special plates are subject to the same rules and laws as govern the issuance of standard license plates, must be placed or mounted on a motor vehicle, trailer, semitrailer, or pole trailer owned by the person who is eligible to receive them, with the registration decal affixed to the rear license plate of the motor vehicle, trailer, semitrailer, or pole trailer, and must be removed upon sale or other disposition of the motor vehicle, trailer, semitrailer, or pole trailer.

(9) (a) A Montana resident who is eligible to receive a disability parking permit under 49-4-301 may and a person with a low-speed restricted driver's license operating a low-speed electric vehicle or golf cart as provided in 61-5-122 must, upon written application on a form prescribed by the department, be issued a disability license plate with a design or decal bearing a representation of a wheelchair as the symbol of a person with a disability.

(b) If the motor vehicle to which the license plate is attached is permanently registered, the owner of the motor vehicle shall provide, upon request of a person authorized to enforce disability parking laws or ordinances in this or any state, evidence of continued eligibility to use the license plate in the form of a valid disability parking permit issued to or renewed by the vehicle owner under 49-4-304 and 49-4-305 .

(c) A person with a permanent condition, as provided in 49-4-301 (2)(b), who has been issued a disability license plate upon written application, as provided in this subsection (9), is not required to reapply upon reregistration of the motor vehicle.

(10) The provisions of this section do not apply to a motor vehicle, trailer, semitrailer, or pole trailer that is registered as part of a fleet, as defined in 61-3-712 , and that is subject to the provisions of 61-3-711 through 61-3-733 .
Mont. Code Ann. § 61-4-306 — MT Code / Title 61 / Chapter 4 / Part 3 / Section 61-4-306
61-4-306 Exemptions from fees
Status: in_force

61-4-306 . Exemptions from fees. The fees provided for driveaway or towaway transporters do not apply to:

(1) motor vehicles regularly used in the hauling of motor vehicles by the truckaway method or to the motor vehicles being hauled;

(2) motor vehicles operated under dealers' licenses or plates;

(3) motor vehicles registerable under any other provisions of law;

(4) any person not issued a driveaway or towaway permit.
Mont. Code Ann. § 61-6-138 — MT Code / Title 61 / Chapter 6 / Part 1 / Section 61-6-138
61-6-138 Money or securities as proof of responsibility
Status: in_force

61-6-138 . Money or securities as proof of responsibility. (1) Proof of financial responsibility may be evidenced by the certificate of the state treasurer that the person named in the certificate has deposited with the treasurer $55,000 in cash, or securities that may legally be purchased by savings banks or for trust funds of a market value of $55,000. The state treasurer may not accept any deposit and issue a certificate and the department may not accept the certificate unless accompanied by evidence that there are no unsatisfied judgments of any character against the depositor in the county where the depositor resides.

(2) The deposit must be held by the state treasurer to satisfy, in accordance with the provisions of this part, any execution on a judgment issued against the person making the deposit for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use of property, resulting from the ownership, maintenance, use, or operation of a motor vehicle after the deposit was made. Money or securities deposited may not be subject to attachment or execution unless the attachment or execution arises out of a suit for damages as described in this subsection.
Mont. Code Ann. § 61-4-101 — MT Code / Title 61 / Chapter 4 / Part 1 / Section 61-4-101
61-4-101 Types of licenses and terms -- common application -- bonds -- zoning
Status: in_force

61-4-101 . Types of licenses and terms -- common application -- bonds -- zoning. (1) Except as provided in 61-4-120 and 61-4-125 , a person may not engage in the business of buying, selling, exchanging, accepting on consignment, or acting as a broker of a motor vehicle, trailer, travel trailer, semitrailer, pole trailer, motorcycle, quadricycle, motorboat, personal watercraft, snowmobile, off-highway vehicle, or special mobile equipment that is not registered in the person's name unless the person is the holder of a license issued by the department under this part.

(2) (a) The department may issue a new dealer's license, a used dealer's license, a broker's license, an auto auction license, or a wholesaler license to any person it determines is qualified to hold the license under the provisions of this section.

(b) A new dealer's license authorizes the holder to sell:

(i) any new motor vehicle, new power sports vehicle, or new trailer that is covered under a franchise agreement between the holder and the manufacturer, importer, or distributor of the line of vehicle or trailer offered for sale; and

(ii) any used motor vehicle, used power sports vehicle, or used trailer.

(c) A used dealer license authorizes the holder to sell any used motor vehicle, used power sports vehicle, or used trailer.

(d) A broker's license authorizes the holder to negotiate the purchase, sale, or exchange of a motor vehicle, power sports vehicle, or trailer from a dealer or another person upon behalf of a client when the broker does not store, display, or take ownership of the motor vehicle, power sports vehicle, or trailer being purchased, sold, or exchanged.

(e) Except as provided in 61-4-120 , an auto auction license authorizes the holder to take possession of a used vehicle owned by another person through consignment, bailment, or any other arrangement and to sell to the highest bidder when all bidders are licensed vehicle dealers, wholesalers, or wrecking facilities.

(f) A wholesaler license authorizes the holder to sell used vehicles to a new or used vehicle dealer, an auto auction, or another wholesaler.

(3) Dealer license expiration dates must be staggered throughout the year in a manner prescribed by the department.

(4) Subject to the provisions of 61-4-120 , 61-4-124 , and 61-4-125 , a license issued by the department is valid until:

(a) voluntarily returned to the department for surrender and cancellation upon the cessation of the licensee's business operations; or

(b) suspended or revoked for a violation of this chapter or any other laws relating to the sale of motor vehicles, power sports vehicles, or trailers.

(5) (a) An applicant for a new dealer's license, a used dealer's license, a broker's license, an auto auction license, or a wholesaler license shall submit a written application to the department. The application must be signed by the applicant and contain a verification by the applicant, under penalty of law, that the information contained in the application is true and correct. Any information provided in the license application process is subject to independent verification by the department or an authorized representative of the department.

(b) After examining a license application and conducting an investigation necessary to verify the information contained in the application and if the department is satisfied that the applicant qualifies for the issuance of a license under the provisions of this chapter, the department may issue the license. The department may refuse, after examination and investigation, to issue a license to an applicant who is not qualified for licensure or whose prior financial or other activities or criminal record, as determined by the department:

(i) poses a threat to the effective regulation of dealers, wholesalers, or auto auctions;

(ii) poses a threat to the public interest of the state; or

(iii) creates a danger of illegal or deceptive practices being used in the conduct of the proposed dealership, wholesaler, or auto auction.

(6) To be qualified for licensure, an applicant shall provide to the department the following information:

(a) the name under which the applicant intends to conduct business and the applicant's name, the street address and, if different, mailing address for the business, and customer identification number;

(b) the name, date of birth, and social security number of any person who:

(i) possesses or will possess an ownership interest in the business for which the license is sought;

(ii) is a corporate officer or the managing member of a business entity applying for the license; or

(iii) is or will be designated by the applicant to manage or oversee the applicant's business;

(c) for each person subject to the provisions of subsection (6)(b), information concerning whether the person has:

(i) an ownership interest in a vehicle dealership, an auto auction, or a wholesaler business in Montana or any other state and, if so, the name and address of each dealership, auto auction, or wholesaler; and

(ii) been found guilty of, or pleaded guilty to, a felony in this or any other jurisdiction and, if so, shall provide a summary of the conduct resulting in the felony charge, including the dates of the conduct and any court proceedings pertaining to the conduct and the name and address of any court in which the matter was heard;

(d) the name, address, and telephone number of the insurance carrier from whom the applicant has acquired general liability insurance, naming the department as a certificate holder of the policy, and the name, address, and telephone number of the local insurance agent for the carrier and the applicant's policy number. The insurance must cover any motor vehicle bearing dealer or demonstrator license plates and any motorboat, snowmobile, or off-highway vehicle displaying a dealer's identification card that is offered for demonstration or loan to a customer or otherwise operated by a customer in the regular course of the applicant's business and must be for a minimum of 1 year;

(e) the geographic location of the physical lot or lots upon which vehicles will be displayed for sale, if applicable, and of a permanent nonresidential building, with no more than three other wholesale, broker, auction, or retail vehicle dealers in the same building or at the same location, that will be maintained to store the actual physical or electronic records resulting from the purchase, sale, trade, or consignment of vehicles for which licensure is sought. An applicant may use more than one location to display vehicles for sale if the maximum distance between each display lot does not exceed 200 feet and if the distance between a display lot and the building in which vehicle sales records are stored does not exceed 1,000 feet.

(f) for each geographic location specified in the application, evidence of the applicant's compliance with applicable local land use planning, zoning, and business permitting requirements, if any. Evidence of compliance may be documented by means of a written verification of compliance signed by the authorized representative of the local land use planning or zoning board or the local business-permitting agency.

(g) a diagram or plat showing the geographic location, lot dimensions, if applicable, and building and sign placement for the applicant's proposed established place of business, along with two or more photographs of the geographic location, building premises, and sign, as prescribed by the department;

(h) if the applicant is seeking a new motor vehicle dealer's license:

(i) the name and address of the manufacturer, importer, or distributor with whom the applicant has a written new motor vehicle, power sports vehicle, or trailer franchise or sales agreement, the term of the agreement, and the name and make of all motor vehicles, power sports vehicles, or trailers to be handled by the applicant;

(ii) the geographic location or locations, specified in writing, upon which the applicant will provide and maintain a permanent building to display and sell new motor vehicles, power sports vehicles, or trailers and offer and maintain a bona fide service department for the repair, service, and maintenance of the motor vehicles, power sports vehicles, or trailers; and

(iii) verification that the applicant otherwise meets the requirements of part 2 of this chapter.

(7) If an applicant wants to maintain more than one established place of business, the applicant shall file a separate license application for each proposed place of business and otherwise qualify for licensure at each place separately.

(8) Each application under this section must be accompanied by the following fees:

(a) for a new or used dealer's license, a broker's license, or a wholesaler's license, $30; and

(b) for an auto auction license, the fee provided for in 61-4-120 .

(9) (a) Except as provided in subsection (9)(b), an applicant for a dealer's license, broker's license, wholesaler's license, or auto auction license shall also file with the application a bond of $50,000.

(b) An applicant whose business will be restricted to the sale of motorcycles or quadricycles shall file a bond of $15,000. An applicant whose business will be restricted to the sale of motorboats, personal watercraft, snowmobiles, or off-highway vehicles, other than motorcycles originally equipped for use on the highway, shall file a bond of $5,000.

(c) All bonds must be conditioned that the applicant shall conduct the business in accordance with the requirements of the law. All bonds must be approved by the department, must be filed in its office, and must be renewed annually.
Mont. Code Ann. § 61-4-135 — MT Code / Title 61 / Chapter 4 / Part 1 / Section 61-4-135
61-4-135 Written designation of succession unaffected
Status: in_force

61-4-135 . Written designation of succession unaffected. Sections 61-4-132 through 61-4-137 do not preclude a new dealer from designating any person as the new dealer's successor by written instrument filed with the manufacturer, factory branch, distributor, or importer.
Mont. Code Ann. § 61-5-123 — MT Code / Title 61 / Chapter 5 / Part 1 / Section 61-5-123
61-5-123 Waiver of skills test or knowledge test related to military commercial motor vehicles experience -- definition
Status: in_force

61-5-123 . Waiver of skills test or knowledge test related to military commercial motor vehicles experience -- definition. (1) As used in this section, "current or former military service member" means a person:

(a) honorably discharged from the armed forces of the United States;

(b) currently serving in the armed forces of the United States;

(c) serving in a reserve component, as defined in 37-1-138 ; or

(d) honorably discharged from the reserve component after serving in the reserve component.

(2) The department may waive the skills test, knowledge test, or both, required for a commercial driver's license if an applicant is a current or former military service member and meets the conditions in subsection (3), (4), or (5).

(3) A current or former military service member applying for waiver of the skills test shall:

(a) certify and provide evidence that the member:

(i) is or was regularly employed within the last year in a military position requiring operation of a commercial motor vehicle;

(ii) was exempted from the commercial driver's license requirements in 61-8-803 ; and

(iii) was operating, for at least 2 years immediately preceding separation from the military, a vehicle representative of the commercial motor vehicle type the driver applicant operates or expects to operate; and

(b) certify that during the 2-year period immediately prior to applying for a commercial driver's license, the member:

(i) has not simultaneously held more than one civilian license;

(ii) has not had any license suspended, revoked, or canceled;

(iii) has not had any convictions for any type of motor vehicle for the disqualifying offenses contained in 61-8-802 ;

(iv) has not had any convictions for a violation of federal, military, state, or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with any traffic accident; and

(v) has no record of an accident in which the current or former military service member was at fault.

(4) A current or former military service member applying for waiver of the knowledge test shall certify and provide evidence that during the 1-year period immediately prior to the application, the member:

(a) is or was regularly employed and designated as a:

(i) motor transport operator--88M (Army);

(ii) PATRIOT launching station operator--14T (Army);

(iii) fueler--92F (Army);

(iv) vehicle operator--2T1 (Air Force);

(v) fueler--2F0 (Air Force);

(vi) pavement and construction equipment operator--3E2 (Air Force);

(vii) motor vehicle operator--3531 (Marine Corps); or

(viii) equipment operator--E.O. (Navy);

(b) is operating a vehicle representative of the commercial motor vehicle type the driver applicant expects to operate on separation from the military or operated a similar vehicle type immediately preceding separation from the military;

(c) has not simultaneously held more than one civilian license;

(d) has not had any license suspended, revoked, or canceled;

(e) has not had any convictions for any type of motor vehicle for the disqualifying offenses contained in 61-8-802 ;

(f) has not had more than one conviction for any type of motor vehicle for serious traffic violations contained in 61-8-803 ;

(g) has not had any convictions for a violation of federal, military, state, or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with any traffic accident; and

(h) has no record of an accident in which the current or former military service member was at fault.

(5) A current or former military service member applying for waiver of the applicable skills and knowledge tests for a passenger, tank vehicle, or hazardous materials endorsement shall certify and provide evidence that during the 1-year period immediately prior to the application, the member:

(a) is or was regularly employed in a military position requiring:

(i) operation of a passenger commercial motor vehicle if requesting waiver of the skills and knowledge test for a passenger endorsement;

(ii) operation of a tank vehicle if requesting waiver of the skills and knowledge test for a tank vehicle endorsement; or

(iii) transportation of hazardous materials if requesting waiver of the skills and knowledge test for a hazardous materials endorsement;

(b) has not simultaneously held more than one civilian license;

(c) has not had any convictions for any type of motor vehicle for the disqualifying offenses contained in 61-8-802 ;

(d) has not had more than one conviction for any type of motor vehicle for serious traffic violations contained in 61-8-803 ;

(e) has not had any convictions for a violation of federal, military, state, or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with any traffic accident; and

(f) has no record of an accident in which the current or former military service member was at fault.
Mont. Code Ann. § 61-4-501 — MT Code / Title 61 / Chapter 4 / Part 5 / Section 61-4-501
61-4-501 Definitions
Status: in_force

61-4-501 . Definitions. As used in this part, the following definitions apply:

(1) "Collateral charge" means all governmental charges, including but not limited to sales tax, property tax, license and registration fees, and fees in lieu of tax.

(2) "Consumer" means the purchaser or lessee, other than for purposes of resale or lease, of a passenger motor vehicle used for personal, family, or household purposes that has not been brought into nonconformity as the result of abuse, neglect, or unauthorized modifications or alterations. The term includes any person to whom the passenger motor vehicle is transferred for the same purposes during the duration of an express warranty applicable to the passenger motor vehicle and any other person entitled by the terms of the warranty to enforce the obligations of the warranty.

(3) "Incidental damage" means incidental and consequential damage as defined in 30-2-715 .

(4) "Manufacturer" has the meaning applied to that word in 61-4-201 .

(5) (a) "Motor vehicle" means a vehicle, including the nonresidential portion of a motor home, propelled by its own power, designed primarily to transport persons or property upon the public highways, and sold or registered in this state.

(b) The term does not include:

(i) a truck with 15,000 pounds or more gross vehicle weight rating; or

(ii) components, systems, fixtures, appliances, furnishings, accessories, and features that are designed, used, and maintained primarily for residential purposes.

(6) "Reasonable allowance for use" is an amount directly attributable to use of the motor vehicle by the consumer and any previous consumers prior to the first written notice of the nonconformity to the manufacturer or its agent and during any subsequent period when the motor vehicle is not out of service because of nonconformity. The reasonable allowance for use must be computed by multiplying the total contract price of the motor vehicle by a fraction having as its denominator 100,000 and having as its numerator the number of miles that the motor vehicle traveled prior to the manufacturer's acceptance of its return.

(7) "Warranty period" means the period ending 2 years after the date of the original delivery to the consumer of a new motor vehicle or during the first 18,000 miles of operation, whichever is earlier.
Mont. Code Ann. § 61-3-108 — MT Code / Title 61 / Chapter 3 / Part 1 / Section 61-3-108
61-3-108 Disposition of fees
Status: in_force

61-3-108 . Disposition of fees. All fees payable to the department under this title, unless otherwise provided, shall be deposited in the general fund.
Mont. Code Ann. § 61-8-341 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-341
61-8-341 Vehicle entering through highway -- definition
Status: in_force

61-8-341 . Vehicle entering through highway -- definition. (1) The operator of a vehicle shall stop as required by 61-8-344 at the entrance to a through highway and shall yield the right-of-way to other vehicles that are approaching close enough on the through highway to constitute an immediate hazard. Once the operator has yielded, the operator may proceed and the operators of all other vehicles approaching the intersection on the through highway shall yield the right-of-way to the vehicle proceeding into or across the through highway.

(2) As used in this section, "through highway" means a highway or portion of a highway at the entrances to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing and when stop signs are erected as provided in this chapter.
Mont. Code Ann. § 61-4-515 — MT Code / Title 61 / Chapter 4 / Part 5 / Section 61-4-515
61-4-515 Arbitration procedure
Status: in_force

61-4-515 . Arbitration procedure. (1) The department shall provide an independent forum and arbitration procedure for the settlement of disputes between consumers and manufacturers of motor vehicles that do not conform to all applicable warranties under the provisions of this part. The procedure must conform to Title 27, chapter 5. All arbitration must take place in Montana at a place reasonably convenient to the consumer.

(2) Except as provided in 61-4-520 , a consumer owning a motor vehicle that fails to conform to all applicable warranties may bring a grievance before an arbitrator only if the manufacturer of the motor vehicle has not established an informal dispute settlement procedure that has been certified by the department under 61-4-511 .
Mont. Code Ann. § 61-4-130 — MT Code / Title 61 / Chapter 4 / Part 1 / Section 61-4-130
61-4-130 Courtesy license plates -- issuance -- restrictions on use
Status: in_force

61-4-130 . Courtesy license plates -- issuance -- restrictions on use. (1) Upon application and payment of an annual fee of $150 a set, the department may issue up to two sets of courtesy plates to a dealer.

(2) Courtesy license plates may be displayed only on a motor vehicle that the dealer loans, without charge or fee, exclusively for religious, charitable, scientific, or educational purposes. A loan of a vehicle displaying courtesy license plates may not exceed 30 days in a year.

(3) A dealer shall maintain records detailing to whom a vehicle bearing courtesy plates has been loaned, the date of the loan, the date on which the vehicle bearing courtesy 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 dealer's responsibility to ensure that courtesy plates are not used by an eligible person or entity for more than 30 days in a year.

(5) It is the responsibility of the person or entity to whom the vehicle bearing courtesy plates was loaned to carry, while operating or in actual physical control of the vehicle, adequate proof of the status of the person or entity under this section.

(6) If a dealer allows a person or entity to operate or retain actual physical control of a vehicle bearing courtesy plates in violation of this section, the department may suspend the right to use the courtesy plates for a period not to exceed 6 months.
Mont. Code Ann. § 61-3-475 — MT Code / Title 61 / Chapter 3 / Part 4 / Section 61-3-475
61-3-475 Qualifications and approval of organization as sponsor
Status: in_force

61-3-475 . Qualifications and approval of organization as sponsor. (1) To qualify as a sponsor of a generic specialty license plate, an organization shall:

(a) apply, through the organization's officers, for sponsorship on a form or in a format prescribed by the department;

(b) submit proof of good standing if the organization is required to be registered with the office of the secretary of state;

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

(d) specify in its application the donation fee proposed by the organization for initial purchase of the organization's generic specialty license plate and for renewal of the organization's generic specialty license plate if the fee is required on renewal;

(e) submit to the department proof that is acceptable to the department that:

(i) the organization is a nonprofit organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Code. The organization shall submit proof of its tax-exempt status annually to the department. Acceptable forms of proof include the current year's federal income tax filing documents or a Montana secretary of state tax identification number.

(ii) the organization has held its tax-exempt status for at least 1 year prior to submitting its application to sponsor a generic specialty license plate;

(iii) the primary purpose of the organization, except for an organization of military service veterans, is service to the community through specific programs that promote improving public health, education, or general welfare;

(iv) the organization's name, identifying phrase, or graphic that will be placed on the generic specialty license plate does not:

(A) invoke connotations offensive to good taste and decency;

(B) promote, advertise, or endorse a product, brand, or service provided for sale;

(C) infringe or otherwise violate a trademark, trade name, service mark, copyright, or other proprietary or property right; or

(D) obscure the generic specialty license plate letters or numbers that the department assigns as provided in 61-3-474 (1)(c);

(v) the organization's headquarters or base of operations is in this state or, if the organization is a chapter or branch of an international, national, or regional organization, the chapter or branch is in good standing and has authorization in writing from the parent organization to use the name and graphic of the parent organization;

(vi) the organization is a Montana entity, including proof of the organization's Montana address, contact information for the organization's board of directors, and the organization's account with a Montana banking institution. The organization shall submit the information required under this subsection (1)(e)(vi) annually.

(vii) the organization has an active telephone number listed under its name in at least one published Montana directory; and

(viii) at least 75% of the donation fees collected will be spent in Montana.

(2) The department may require a statement under oath from the officers of the organization that the organization is authorized to use the name, identifying phrase, and graphic submitted for display on a generic specialty license plate and that no infringement or violation of any property right exists, together with an agreement to defend and hold harmless the state of Montana, its employees, or its agents for any liability as a result of an infringement or violation of any property right.

(3) The department's approval or rejection of an organization's application for generic specialty license plate sponsorship must be based on the requirements provided in 61-3-472 through 61-3-481 . The department shall state in writing the reasons for its rejection of an organization's application.

(4) An organization may apply for and be approved to sponsor only one generic specialty license plate design at any time. Once a minimum 4-year period has expired, an organization may apply to the department for approval of a new generic specialty license plate design along with submission of the fee required under 61-3-478 (1).

(5) If the department approves the organization's new generic specialty license plate design, issuance and renewal of the previously approved generic specialty license plate must be discontinued, effective on the date of the initial distribution of the newly approved generic specialty license plate design.
Mont. Code Ann. § 61-3-219 — MT Code / Title 61 / Chapter 3 / Part 2 / Section 61-3-219
61-3-219 Refusal to issue certificate of title
Status: in_force

61-3-219 . Refusal to issue certificate of title. The department may refuse to issue a certificate of title if any required fee is not paid or if the department has reasonable grounds to believe that:

(1) the applicant is not the owner of the motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile;

(2) the application contains a false or fraudulent statement;

(3) the applicant failed to furnish any information or document required by the department; or

(4) based on the check performed under 61-3-217 (2), the motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile has been reported as stolen.
Mont. Code Ann. § 61-3-321 — MT Code / Title 61 / Chapter 3 / Part 3 / Section 61-3-321
61-3-321 Registration fees of vehicles and vessels -- certain vehicles exempt from registration fees -- disposition of fees -- definition
Status: in_force

61-3-321 . Registration fees of vehicles and vessels -- certain vehicles exempt from registration fees -- disposition of fees -- definition. (1) Except as otherwise provided in this section, registration fees must be paid upon registration or, if applicable, renewal of registration of motor vehicles, snowmobiles, watercraft, trailers, semitrailers, and pole trailers as provided in subsections (2) through (20).

(2) (a) Except as provided in subsection (2)(b), unless a light vehicle is permanently registered under 61-3-562 , the annual registration fee for light vehicles, trucks, and buses that weigh 1 ton or less and for logging trucks that weigh 1 ton or less is as follows:

(i) if the vehicle is 4 or less years old, $217;

(ii) if the vehicle is 5 through 10 years old, $87; and

(iii) if the vehicle is 11 or more years old, $28.

(b) For a light vehicle with a manufacturer's suggested retail price of more than $150,000 that is 10 years old or less, the annual registration fee is the amount provided for in subsection (2)(a) plus $825.

(3) (a) Except as provided in subsections (3)(b) and (15), the one-time registration fee based on the declared weight of a trailer, semitrailer, or pole trailer is as follows:

(i) if the declared weight is less than 6,000 pounds, $61.25; or

(ii) if the declared weight is 6,000 pounds or more, $148.25.

(b) For a trailer, semitrailer, or pole trailer that is registered under 61-3-701 , the annual registration fee based on the declared weight is as follows:

(i) if the declared weight is less than 6,000 pounds, $30; or

(ii) if the declared weight is 6,000 pounds or more, $60.

(4) Except as provided in subsection (15), the one-time registration fee for motor vehicles owned and operated solely as collector's items pursuant to 61-3-411 , based on the weight of the vehicle, is as follows:

(a) 2,850 pounds and over, $10; and

(b) under 2,850 pounds, $5.

(5) (a) Except as provided in subsections (5)(b) and (15), the one-time registration fee for off-highway vehicles other than a quadricycle or motorcycle is $61.25.

(b) Whenever a valid summer motorized recreation trail pass issued pursuant to 23-2-111 is affixed to an off-highway vehicle other than a quadricycle or motorcycle, the one-time registration fee is $41.25.

(6) The annual registration fee for heavy trucks, buses, and logging trucks in excess of 1 ton is $22.75.

(7) (a) Except as provided in subsection (7)(c), the annual registration fee for a motor home, based on the age of the motor home, is as follows:

(i) less than 2 years old, $282.50;

(ii) 2 years old and less than 5 years old, $224.25;

(iii) 5 years old and less than 8 years old, $132.50; and

(iv) 8 years old and older, $97.50.

(b) The owner of a motor home that is 11 years old or older and that is subject to the registration fee under this section may permanently register the motor home upon payment of:

(i) a one-time registration fee of $237.50;

(ii) unless a new set of license plates is being issued, an insurance verification fee of $5, which must be deposited in the account established under 61-6-158 ;

(iii) if applicable, five times the renewal fees for personalized license plates under 61-3-406 ; and

(iv) if applicable, the donation fee for a generic specialty license plate under 61-3-480 or a collegiate license plate under 61-3-465 .

(c) For a motor home with a manufacturer's suggested retail price of more than $300,000 that is 10 years old or less, the annual registration fee is the amount provided in subsection (7)(a) plus $800.

(8) (a) (i) Except as provided in subsections (8)(b), (8)(c), and (15), the one-time registration fee for motorcycles and quadricycles registered for use on the public highways is $53.25, the one-time registration fee for motorcycles and quadricycles registered for off-highway use is $53.25, and the one-time registration fee for motorcycles and quadricycles registered for both off-road use and for use on the public highways is $114.50.

(ii) An additional fee of $16 must be collected for the registration of each motorcycle or quadricycle as a safety fee, which must be deposited in the state motorcycle safety account provided for in 20-25-1002 .

(b) (i) The annual registration fee for motorcycles and quadricycles registered for use on the public highways under 61-3-701 is $44.

(ii) The annual registration fee for motorcycles and quadricycles registered for off-highway use under 61-3-701 is $44.

(iii) The annual registration fee for motorcycles and quadricycles registered for both off-road use and for use on the public highways under 61-3-701 is $88.

(iv) An additional safety fee of $7 must be collected annually for each motorcycle or quadricycle registered under 61-3-701 . The safety fee must be deposited in the state motorcycle safety account provided for in 20-25-1002 .

(c) Whenever a valid summer motorized recreation trail pass issued pursuant to 23-2-111 is affixed to a motorcycle or quadricycle, the one-time registration fee for motorcycles and quadricycles registered for:

(i) use on the public highways is $33.25; and

(ii) both off-road use and for use on the public highways is $94.50.

(9) Except as provided in subsection (15), the one-time registration fee for travel trailers, based on the length of the travel trailer, is as follows:

(a) under 16 feet in length, $72; and

(b) 16 feet in length or longer, $152.

(10) Except as provided in subsection (15), the one-time registration fee for a motorboat, sailboat, personal watercraft, or motorized pontoon required to be numbered under 23-2-512 is as follows:

(a) for a personal watercraft or a motorboat, sailboat, or motorized pontoon less than 16 feet in length, $65.50;

(b) for a motorboat, sailboat, or motorized pontoon at least 16 feet in length but less than 19 feet in length, $125.50; and

(c) for a motorboat, sailboat, or motorized pontoon 19 feet in length or longer, $295.50.

(11) (a) Except as provided in subsections (11)(b), (11)(c), and (15), the one-time registration fee for a snowmobile is $60.50.

(b) Whenever a valid winter trail pass issued pursuant to 23-2-636 is affixed to a snowmobile, the one-time registration fee is $40.50.

(c) (i) A snowmobile that is licensed by a Montana business and is owned exclusively for the purpose of daily rental to customers is assessed:

(A) a fee of $40.50 in the first year of registration; and

(B) if the business reregisters the snowmobile for a second year, a fee of $20.

(ii) If the business reregisters the snowmobile for a third year, the snowmobile must be permanently registered and the business is assessed the registration fee imposed in subsection (11)(a).

(12) (a) The one-time registration fee for a low-speed electric vehicle is $25.

(b) The one-time registration fee for a golf cart that is owned by a person who has or is applying for a low-speed restricted driver's license is $25.

(c) The one-time registration fee for golf carts authorized to operate on certain public streets and highways pursuant to 61-8-391 is $25. Upon receipt of the fee, the department shall issue the owner a decal, which must be displayed visibly on the golf cart.

(13) (a) Except as provided in subsection (13)(b), a fee of $12 must be collected when a new set of standard license plates, a new single standard license plate, or a replacement set of special license plates required under 61-3-332 is issued. The fee imposed under this subsection (13)(a) does not apply when previously issued license plates are transferred under 61-3-335 . All registration fees imposed under this section must be paid if the vehicle to which the plates are transferred is not currently registered.

(b) An additional fee of $16 must be collected if a vehicle owner elects to keep the same license plate number from license plates issued before January 1, 2010, when replacement of those plates is required under 61-3-332 (3).

(c) The fees imposed in this subsection (13) must be deposited in the account established under 61-6-158 , except that $2 of the fee imposed in subsection (13)(a) must be deposited in the state general fund.

(14) The provisions of this part with respect to the payment of registration fees do not apply to and are not binding upon motor vehicles, trailers, semitrailers, snowmobiles, watercraft, or tractors owned or controlled by the United States of America or any state, county, city, or special district, as defined in 18-8-202 , or to a vehicle or vessel that meets the description of property exempt from taxation under 15-6-201 (1)(a), (1)(d), (1)(e), (1)(g), (1)(h), (1)(i), (1)(k), (1)(l), (1)(n), or (1)(o), 15-6-203 , or 15-6-215 , except as provided in 61-3-520 .

(15) Whenever ownership of a trailer, semitrailer, pole trailer, off-highway vehicle, motorcycle, quadricycle, travel trailer, motor home, motorboat, sailboat, personal watercraft, motorized pontoon, snowmobile, motor vehicle owned and operated solely as a collector's item pursuant to 61-3-411 , or low-speed electric vehicle is transferred, the new owner shall title and register the vehicle or vessel as required by this chapter and pay the fees imposed under this section.

(16) A person eligible for a waiver under 61-3-460 is exempt from the fees required under this section.

(17) Except as otherwise provided in this section, revenue collected under this section must be deposited in the state general fund.

(18) The fees imposed by subsections (2) through (12) are not required to be paid by a dealer for the enumerated vehicles or vessels that constitute inventory of the dealership.

(19) (a) Unless a person exercises the option in either subsection (19)(b) or (19)(c), an additional fee of $9 must be collected for each light vehicle registered under this part. This fee must be accounted for and transmitted separately from the registration fee. Of the $9 fee:

(i) $6.74 must be deposited in the state special revenue account established in 23-1-105 and used for state parks;

(ii) 50 cents must be deposited in an account in the state special revenue fund to the credit of the department of fish, wildlife, and parks and used for fishing access sites;

(iii) $1.37 must be deposited in the trails and recreation facilities state special revenue account established in 23-2-108 ; and

(iv) 39 cents must be deposited in the Montana heritage preservation and development account established in 22-3-1004 and used for the operation of state-owned facilities at Virginia City and Nevada City.

(b) A person who registers a light vehicle may, at the time of annual registration, certify that the person does not intend to use the vehicle to visit state parks and fishing access sites and may make an election not to pay the additional $9 fee provided for in subsection (19)(a). If an election is made, the fee may not be collected.

(c) (i) A person who registers one or more light vehicles may, at the time of annual registration, certify that the person does not intend to use any of the vehicles to visit state parks and fishing access sites and may make an election not to pay the additional $9 fee provided for in subsection (19)(a). If an election is made, the fee may not be collected at any subsequent annual registration unless the person makes the election to pay the additional fee on one or more of the light vehicles.

(ii) The election not to pay the additional fee on a light vehicle expires if the vehicle is registered to a different person.

(20) For each light vehicle, trailer, semitrailer, pole trailer, heavy truck, motor home, motorcycle, quadricycle, and travel trailer subject to a registration fee under this section, an additional fee of $10 must be collected and forwarded to the state for deposit in the account established in 44-1-504 .

(21) (a) If a person exercises the option in subsection (21)(b), an additional fee of $5 must be collected for each light vehicle registered under this part. This fee must be accounted for and transmitted separately from the registration fee. The fee must be deposited in an account in the state special revenue fund. Funds in the account are statutorily appropriated, as provided in 17-7-502 , to the department of transportation and must be allocated as provided in 60-3-309 .

(b) A person who registers one or more light vehicles may, at the time of annual registration, make an election to pay the additional $5 fee provided for in subsection (21)(a).

(22) This section does not apply to a motor vehicle, trailer, semitrailer, or pole trailer that is governed by 61-3-721 .

(23) (a) The $800 and $825 amounts collected based on the manufacturer's suggested retail price in subsections (2) and (7) are exempt from the provisions of 15-1-122 and must be deposited in the motor vehicle division administration account established in 61-3-112 .

(b) By August 15 of each year, beginning in the fiscal year beginning July 1, 2019, the department of justice shall deposit into the general fund an amount equal to the fiscal yearend balance minus 25% of the current fiscal year appropriation for the account established in 61-3-112 .

(24) An election made pursuant to this section may be made in writing or electronically.

(25) As used in this section, "manufacturer's suggested retail price" means the price suggested by a manufacturer for each given type, style, or model of a light vehicle or motor home produced and first made available for retail sale by the manufacturer.
Mont. Code Ann. § 61-3-431 — MT Code / Title 61 / Chapter 3 / Part 4 / Section 61-3-431
61-3-431 Special mobile equipment -- exemption from registration and payment of fees and charges -- identification decal -- temporary registration permit -- publicly owned special mobile equipment
Status: in_force

61-3-431 . Special mobile equipment -- exemption from registration and payment of fees and charges -- identification decal -- temporary registration permit -- publicly owned special mobile equipment. (1) A person, firm, partnership, or corporation that owns, leases, or rents special mobile equipment, a motor vehicle or trailer designed and used to apply fertilizer to agricultural land, or a log loader and that occasionally moves that equipment on, over, or across the highways of the state is not subject to registration of that equipment or required to pay the fees and charges provided for in 61-4-301 through 61-4-308 or Title 61, chapter 10, part 2. Prior to movement on the highways:

(a) each piece of equipment must display an equipment identification decal or a dealer's license plate attached to the equipment, except for motor vehicles or trailers designed and used to apply fertilizer to agricultural land that are brought into Montana for demonstration purposes;

(b) each motor vehicle or trailer designed and used to apply fertilizer to agricultural land that is brought into Montana for demonstration purposes must have a temporary registration permit conspicuously displayed.

(2) (a) Annual application for the identification decal must be made to the county treasurer before any piece of equipment is moved on the highways. Application must be made on a form furnished by the department, together with the payment of a fee of $5. The equipment for which a special mobile equipment decal or for which a temporary registration permit is sought is subject to the assessment of personal property taxes. The person, firm, partnership, or corporation applying for the decal shall report the application for the identification decal to the department of revenue. For migratory personal property described in 15-24-301 (1), the personal property taxes assessed against the special mobile equipment, a motor vehicle or trailer designed and used to apply fertilizer to agricultural land, or a log loader must be paid before an identification decal may be issued. The fees collected under this section must be deposited in the state general fund, except that $25 of the temporary registration permit fee must be remitted to the department of transportation.

(b) Application must be made for a temporary registration permit as provided in subsection (1)(b). The application must be made to the county treasurer or to an authorized agent before the piece of equipment is moved on Montana highways. Application for the temporary registration permit must be made on a form furnished by the department and must be accompanied by the payment of a fee of $50, in addition to the fee required under 61-3-224 .

(3) The identification decal expires on December 31 of each year. If the expired identification decal is displayed, an owner of special mobile equipment, a motor vehicle or trailer designed and used to apply fertilizer to agricultural land, or a log loader registered under the provisions of this section is entitled to operate the equipment between January 1 and February 15 following expiration without displaying the identification decal or receipt of the current year.

(4) (a) The temporary registration permit expires 40 days after its issuance. Special mobile equipment, a motor vehicle or trailer designed and used to apply fertilizer to agricultural land, or a log loader that remains in the state past the expiration of the permit is subject to the assessment of personal property taxes, starting on the first day following expiration of the permit.

(b) If the holder of a temporary registration permit leases or sells the piece of equipment during the term that is covered by the permit, the permit is no longer valid and the special mobile equipment, motor vehicle or trailer designed and used to apply fertilizer to agricultural land, or log loader is subject to the assessment of personal property taxes, starting on the first day of the lease or the date of the sale.

(5) Publicly owned special mobile equipment, motor vehicles or trailers designed and used to apply fertilizer to agricultural land, or log loaders and implements of husbandry used exclusively by an owner in the conduct of the owner's farming operations are exempt from this section.
Mont. Code Ann. § 61-8-803 — MT Code / Title 61 / Chapter 8 / Part 8 / Section 61-8-803
61-8-803 Suspension of commercial driver's license -- serious traffic violations -- definition
Status: in_force

61-8-803 . Suspension of commercial driver's license -- serious traffic violations -- definition. (1) If the department receives notice from a court or another licensing jurisdiction that a person holding or required to hold a commercial driver's license has been convicted of more than one serious traffic violation in separate incidents within a 3-year period, the department shall suspend the person's commercial driver's license:

(a) for 60 days upon receipt of notice of the second conviction; or

(b) for 120 days upon receipt of notice of the third or subsequent conviction.

(2) As used in this section, "serious traffic violation" means conviction, when operating a commercial motor vehicle, of:

(a) speeding 15 or more miles an hour above a posted speed limit;

(b) reckless driving, reckless endangerment of a highway worker, or reckless endangerment of emergency personnel;

(c) improper or erratic traffic lane changes;

(d) following too closely;

(e) a violation of a state law or local ordinance relating to the operation of a motor vehicle, excluding a parking, weight, or equipment violation, that arises in connection with a fatal accident;

(f) operating a commercial motor vehicle without a commercial driver's license;

(g) operating a commercial motor vehicle without a commercial driver's license in one's possession or refusing to display a commercial driver's license upon request;

(h) operating a commercial motor vehicle without the proper class of commercial driver's license or endorsements, or both, for the specific vehicle type or types being operated or for the passengers or type or types of cargo being transported; or

(i) using a mobile device to send text messages while operating a commercial motor vehicle in violation of a state or local law or ordinance on motor vehicle traffic control.

(3) A person is considered to have committed a second or subsequent serious traffic violation if less than 3 years have passed between the date of an offense that resulted in a prior conviction and the date of the offense that resulted in the most recent conviction.
Mont. Code Ann. § 61-8-814 — MT Code / Title 61 / Chapter 8 / Part 8 / Section 61-8-814
61-8-814 Probationary driver's license ineligibility
Status: in_force

61-8-814 . Probationary driver's license ineligibility. A person whose commercial driver's license or commercial motor vehicle operating privilege is suspended under this part:

(1) is not eligible for a restricted probationary driver's license that would permit operation of a commercial motor vehicle during the period of suspension; and

(2) may not operate a commercial motor vehicle until the period of suspension is completed and the person is otherwise eligible, under state and federal law, to have the commercial driver's license restored or to reapply for a commercial driver's license.
Mont. Code Ann. § 61-10-206 — MT Code / Title 61 / Chapter 10 / Part 2 / Section 61-10-206
61-10-206 Special fees -- certain farm vehicles
Status: in_force

61-10-206 . Special fees -- certain farm vehicles. (1) Except for motortrucks owned and operated by cooperative associations or cooperative marketing associations, there must be paid and collected annually a fee equal to 35% of the fees provided in 61-10-201 on:

(a) motortrucks owned and operated by ranchers or farmers in:

(i) the transportation of their own ranch, farm, orchard, or dairy products from point of production to market;

(ii) the transportation of timber harvested on their own ranch, farm, orchard, or dairy from point of harvest to market;

(iii) the transportation of supplies, commodities, or equipment to be used on the ranch, farm, orchard, or dairy;

(iv) the infrequent or seasonal transportation by one farmer for another for any purpose other than commercial hire of products of the farm, orchard, or dairy; or

(v) the transportation of supplies or commodities to be used on the farm, orchard, or dairy; and

(b) one truck tractor and lowboy trailer used by contractors engaged exclusively in soil conservation work and land leveling activities that result in direct benefit to agriculture.

(2) The minimum fee is $6.

(3) A motor vehicle or trailer designed and used to apply fertilizer to agricultural land must be treated as special mobile equipment.
Mont. Code Ann. § 61-9-208 — MT Code / Title 61 / Chapter 9 / Part 2 / Section 61-9-208
61-9-208 Additional equipment required on certain vehicles
Status: in_force

61-9-208 . Additional equipment required on certain vehicles. In addition to other equipment required in this chapter, the following vehicles must be equipped as stated in this section under the conditions stated in 61-9-207 :

(1) On a bus or truck there must be on the rear, two reflectors, one at each side.

(2) On a bus or truck 80 inches or more in overall width, in addition to the requirements in subsection (1):

(a) on the front, two clearance lamps, one at each side;

(b) on the rear, two clearance lamps, one at each side;

(c) on each side, two side marker lamps, one at or near the front and one at or near the rear;

(d) on each side, two reflectors, one at or near the front and one at or near the rear.

(3) On a truck tractor, on the front, two clearance lamps, one at each side.

(4) On a trailer or semitrailer having a gross weight in excess of 3,000 pounds:

(a) on the front, two clearance lamps, one at each side;

(b) on each side, two side marker lamps, one at or near the front and one at or near the rear;

(c) on each side, two reflectors, one at or near the front and one at or near the rear;

(d) on the rear, two clearance lamps, one at each side, also two reflectors, one at each side.

(5) On a pole trailer in excess of 3,000 pounds gross weight:

(a) on each side, one side marker lamp and one clearance lamp that may be in combination, to show to the front, side, and rear; and

(b) on the rear of the pole trailer or load, two reflectors, one at each side.

(6) On a trailer, semitrailer, or pole trailer weighing 3,000 pounds or less:

(a) on the front, a steel safety chain or cable that must be securely fastened to the towing unit with the minimum diameter of any portion of the chains or cables being one-fourth of an inch. A safety chain or cable may not be connected to the ball but must be connected to the hitch or other frame member of the towing vehicle to prevent the drawbar from dropping to the ground if the ball, socket, or coupler fails;

(b) on the rear, two reflectors and two stoplights, one on each side.
Mont. Code Ann. § 61-3-729 — MT Code / Title 61 / Chapter 3 / Part 7 / Section 61-3-729
61-3-729 Relation to other state laws
Status: in_force

61-3-729 . Relation to other state laws. The provisions of 61-3-711 through 61-3-733 are authority for the registration of fleet motor vehicles, trailers, semitrailers, or pole trailers upon a proportional registration basis without reference to or application of any other statutes of this state.
Mont. Code Ann. § 61-5-231 — MT Code / Title 61 / Chapter 5 / Part 2 / Section 61-5-231
61-5-231 Authorization of probationary license by DUI court
Status: in_force

61-5-231 . Authorization of probationary license by DUI court. (1) If a person convicted of a second or subsequent misdemeanor offense of driving under the influence of alcohol or drugs under 61-8-1002 (1)(a), (1)(b), (1)(c), (1)(d), (1)(e), or (1)(f), driving with excessive alcohol concentration under 61-8-1002 , or aggravated driving under the influence as defined in 61-8-1001 is participating in a DUI court as defined in 61-8-1001 , the court may, in the court's discretion, authorize a probationary driver's license for the participant subject to 61-8-1010 and any other conditions imposed within the scope of the court's authority.

(2) If the participant fails to comply with the court's conditions, the court may revoke the probationary driver's license and impose a driver's license suspension for the time period established pursuant to 61-5-208 commencing from the date of the court's revocation of the probationary license.
Mont. Code Ann. § 61-4-210 — MT Code / Title 61 / Chapter 4 / Part 2 / Section 61-4-210
61-4-210 Penalties -- administrative penalties
Status: in_force

61-4-210 . Penalties -- administrative penalties. (1) Except as provided in subsection (2), a person who violates any provision of this part is guilty of a misdemeanor and upon conviction shall be fined not less than $500 or more than $1,000 for each violation. Each day that a violation continues or occurs constitutes a separate violation.

(2) A manufacturer on direct dealerships, distributor on indirect dealerships, or importer on direct dealerships who has filed with the department an agreement used by all its franchisees in this state together with a list of all such franchisees and who fails to notify the department within 30 days of any revision, change, or addition thereto is guilty of a misdemeanor and upon conviction shall be fined not to exceed $500.

(3) If any new motor vehicle dealer or transferee of a new motor vehicle dealer incurs pecuniary loss due to a violation of this part by a manufacturer, distributor, importer, or factory branch or representative or agent of the listed persons or entities, the new motor vehicle dealer or transferee of a new motor vehicle dealer may recover damages in a court of competent jurisdiction in an amount equal to three times the pecuniary loss, together with costs including reasonable attorney fees.

(4) In addition to any other penalty provided for in this part, the department may take appropriate enforcement action on its own initiative in accordance with the contested case procedures of Title 2, chapter 4. A person who violates the provisions of this part may be subject to administrative action and a civil penalty not to exceed $500 for each violation.
Mont. Code Ann. § 61-12-208 — MT Code / Title 61 / Chapter 12 / Part 2 / Section 61-12-208
61-12-208 Duty upon making arrest -- power to fix and accept bail
Status: in_force

61-12-208 . Duty upon making arrest -- power to fix and accept bail. Employees designated or appointed as peace officers under 61-10-154 or 61-12-201 , upon making an arrest, shall deliver to the offender a form of notice to appear, describing the nature of the offense, with instructions on the notice for the offender to report to the nearest justice of the peace. The employee may accept a deposit for appearance justifiable for the offense charged. The person who is arrested may be detained for a reasonable time for the purpose of issuing the notice or of awaiting the arrival of another peace officer who has been called to the scene, or the person may be transported, as provided in 46-7-101 . If the employee accepts bail, the employee shall give a signed receipt to the offender, setting forth the amount received. The employee shall then deliver the bail money to the justice of the peace before whom the offender is to appear, and the justice of the peace shall give a receipt to the employee for the amount of bail money delivered. After the filing of the complaint and appearance of the defendant, the justice of the peace shall assume jurisdiction and may set and accept further appearance bail bond.
Mont. Code Ann. § 61-4-216 — MT Code / Title 61 / Chapter 4 / Part 2 / Section 61-4-216
61-4-216 Administrative hearings and adjudications -- procedure
Status: in_force

61-4-216 . Administrative hearings and adjudications -- procedure. (1) A new motor vehicle dealer or transferee of a new motor vehicle dealer who is directly and adversely affected by the action or conduct of a manufacturer, person, or entity described in 61-4-208 (1) that is alleged to be in violation of any provision of Montana law, including but not limited to 30-11-701 through 30-11-713 , 30-11-717 through 30-11-719 , 61-4-131 through 61-4-137 , 61-4-150 , 61-4-208 , and 61-4-213 , may seek a declaration and adjudication of rights and obligations with respect to the alleged action or conduct by filing with the department a complaint and request for an administrative hearing that conforms substantially with the requirements of the contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, which governs all matters and procedures respecting the hearing and judicial review of cases such as this. The hearing officer shall assess the department's costs against the parties or a party as a cost of the action.

(2) Objections or notice of protest pursuant to 61-4-205 (1) and (2) must be adjudicated pursuant to those statutes if mediation pursuant to 61-4-215 is unsuccessful.
Mont. Code Ann. § 61-8-817 — MT Code / Title 61 / Chapter 8 / Part 8 / Section 61-8-817
61-8-817 Notification to other states of traffic violations
Status: in_force

61-8-817 . Notification to other states of traffic violations. The department, upon receipt of a report of a conviction or a violation of any state or local law relating to motor vehicle traffic control, other than a parking violation, by a person who holds a commercial driver's license from another state or who is licensed in another state, shall report the conviction to the licensing entity in the state where the driver is licensed as follows:

(1) beginning September 30, 2005, within 30 days of conviction; and

(2) beginning September 30, 2008, within 10 days of conviction.