Mont. Code Ann. § 61-9-220 — MT Code / Title 61 / Chapter 9 / Part 2 / Section 61-9-220
61-9-220 Multiple-beam road-lighting equipment
Status: in_force

61-9-220 . Multiple-beam road-lighting equipment. Except as provided in this part, the headlamps or the auxiliary driving lamps or combination of both on a motor vehicle other than a motorcycle, quadricycle, motor-driven cycle, or low-speed electric vehicle, must be arranged so that the driver may select between distributions of light projected to different elevations. The selection can be made automatically, subject to the following limitations:

(1) There must be an uppermost distribution of light, or composite beam, capable of revealing persons and vehicles at a distance of at least 350 feet ahead for all conditions of loading.

(2) There must be a lowermost distribution of light, or composite beam, capable of revealing persons and vehicles at a distance of at least 100 feet ahead. On a straight level road under any condition of loading the high-intensity portion of the beam may not be directed to strike the eyes of an approaching driver.

(3) A motor vehicle, other than a motorcycle, quadricycle, motor-driven cycle, or low-speed electric vehicle, manufactured after January 1, 1956, that has multiple-beam road-lighting equipment must be equipped with a beam indicator that must be lighted whenever the uppermost distribution of light from the headlamps is in use, and may not otherwise be lighted. The indicator must be readily visible without glare to the driver of the vehicle.
Mont. Code Ann. § 61-5-218 — MT Code / Title 61 / Chapter 5 / Part 2 / Section 61-5-218
61-5-218 License reinstatement fee following license suspension or revocation
Status: in_force

61-5-218 . License reinstatement fee following license suspension or revocation. (1) Except as provided in subsection (2), a person whose driver's license, other than a commercial driver's license, or driving privilege has been suspended or revoked shall pay a reinstatement fee of $100 to the department to have the driver's license or driving privilege reinstated.

(2) (a) A person whose driver's license or driving privilege was suspended or revoked under 61-8-1016 shall pay a reinstatement fee as required by 61-2-107 .

(b) A driver's license or driving privilege that was suspended or revoked under 61-5-207 must be reinstated without payment of a reinstatement fee.

(c) The reinstatement fee required under subsection (1) must be waived by the department when a court notifies the department that the person has satisfied the requirements of 61-5-214 (2) and the court has determined that the person is indigent under the standards set forth in 47-1-111 .

(3) The department shall deposit the fees collected under subsection (1) in the general fund.
Mont. Code Ann. § 61-2-203 — MT Code / Title 61 / Chapter 2 / Part 2 / Section 61-2-203
61-2-203 Equipment requirements continued in force
Status: in_force

61-2-203 . Equipment requirements continued in force. Provisions of chapter 9 of this title shall continue to be in effect. The approval of the legislature is a condition precedent to the taking effect of any rule, regulation, or code that may be adopted by the commission.
Mont. Code Ann. § 61-3-346 — MT Code / Title 61 / Chapter 3 / Part 3 / Section 61-3-346
61-3-346 County motor vehicle computer committee
Status: in_force

61-3-346 . County motor vehicle computer committee. (1) There is a county motor vehicle computer committee.

(2) The committee is allocated to the department of justice for administrative purposes only as provided in 2-15-121 .

(3) The committee consists of:

(a) an employee of the department of justice information technology division, appointed by the attorney general;

(b) two county treasurers, appointed by the Montana county treasurers association; and

(c) two employees of the department of justice, appointed by the attorney general.
Mont. Code Ann. § 61-12-406 — MT Code / Title 61 / Chapter 12 / Part 4 / Section 61-12-406
61-12-406 Issuing certificate of title
Status: in_force

61-12-406 . Issuing certificate of title. The department shall issue a certificate of title upon presentation by the purchaser of the certificate of sale or upon presentation by the operator of a certificate of release and payment of the fees required by law.
Mont. Code Ann. § 61-8-812 — MT Code / Title 61 / Chapter 8 / Part 8 / Section 61-8-812
61-8-812 Operation of out-of-service vehicle -- criminal and civil penalties -- suspension of commercial driver's license
Status: in_force

61-8-812 . Operation of out-of-service vehicle -- criminal and civil penalties -- suspension of commercial driver's license. (1) A person may not operate a commercial motor vehicle during any period in which the person, the commercial motor vehicle the person is operating, or the motor carrier operation is subject to an out-of-service order issued under state or federal authority.

(2) A violation of this section is a misdemeanor and a person convicted of a violation of this section shall be fined not less than $25 or more than $500 for the first offense and not less than $25 or more than $1,000 for each subsequent offense.

(3) (a) In addition to the misdemeanor penalties provided in subsection (2) and suspension of the person's commercial driver's license as provided in subsection (4), a person who violates an out-of-service order issued under state or federal authority is subject to a civil penalty not to exceed $2,985 for a first offense and a civil penalty of $5,970 for a second or subsequent offense.

(b) The department or the county attorney of the county in which the violation occurred may petition the district court to impose the civil penalty. Venue for an action to collect a civil penalty pursuant to this section is in the county in which the violation occurred.

(c) A civil penalty collected under this section must be deposited in the state general fund.

(4) Upon receipt of notice from a court of competent jurisdiction or another licensing jurisdiction that a person holding a commercial driver's license has been convicted of violating an out-of-service order, the department shall suspend the person's commercial driver's license for:

(a) 6 months for a first conviction;

(b) 2 years for a second conviction if the vehicle being operated by the person at the time of the violation was not transporting placardable hazardous materials or was not designed or being used to transport more than 15 passengers, inclusive of the driver; and

(c) 3 years:

(i) for a second conviction if the vehicle:

(A) being operated at the time of the violation was transporting placardable hazardous materials; or

(B) was designed or being used to transport more than 15 passengers, inclusive of the driver; and

(ii) for a third or subsequent conviction.

(5) For purposes of this section, an offender is considered to have been previously convicted if less than 10 years have elapsed between the commission of the present offense and a previous conviction.

(6) A temporary or probationary commercial driver's license may not be issued while a commercial driver's license is suspended under subsection (4).
Mont. Code Ann. § 61-8-329 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-329
61-8-329 Following too closely
Status: in_force

61-8-329 . Following too closely. (1) The driver of a motor vehicle may not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon and the condition of the roadway.

(2) A motor vehicle being driven upon a roadway outside of a business or residence district, including in a caravan or motorcade, whether or not towing other vehicles, must be operated in a manner that allows sufficient space between each vehicle or combination of vehicles to enable any other vehicle to enter and occupy the space without danger. This provision does not apply to funeral processions.
Mont. Code Ann. § 61-3-712 — MT Code / Title 61 / Chapter 3 / Part 7 / Section 61-3-712
61-3-712 Definitions
Status: in_force

61-3-712 . Definitions. As used in 61-3-711 through 61-3-733 the following definitions apply:

(1) "Apportionable motor vehicle" means a motor vehicle, trailer, semitrailer, or pole trailer that is used or intended for use in more than one jurisdiction and that is used for the transportation of persons for hire, compensation, or profit or designed or used primarily for the transportation of property.

(2) "Fleet" means one or more apportionable motor vehicles.

(3) "Jurisdiction" means and includes a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a foreign country, and a state or province of a foreign country.

(4) "Legal residence" means a jurisdiction where the person lives or conducts business. This residence need not be coupled with the intent to live or conduct the business there on a permanent basis. The use of the word "residence" in 61-3-711 through 61-3-733 must be confined to the definition given and may not be confused with the word "domicile". This definition of "residence" further recognizes that a person may have several residences, but only one domicile.

(5) "Preceding year" means a period of 12 consecutive months fixed by the department of transportation, which period must be within 18 months immediately preceding the commencement of the registration or license year for which proportional registration is sought. The department in fixing the period shall conform the period to the terms, conditions, and requirements of any applicable agreement or arrangements for the proportional registration of motor vehicles, trailers, semitrailers, or pole trailers.

(6) (a) "Properly registered", as applied to place of registration, means:

(i) the jurisdiction where the person registering the motor vehicle, trailer, semitrailer, or pole trailer has the person's legal residence;

(ii) in the case of an apportionable motor vehicle, the jurisdiction in which it is registered if the enterprise in which the motor vehicle, trailer, semitrailer, or pole trailer is used has a place of business in the jurisdiction and if the motor vehicle, trailer, semitrailer, or pole trailer is most frequently dispatched, garaged, serviced, maintained, operated, or otherwise controlled in or from the place of business and the motor vehicle, trailer, semitrailer, or pole trailer has been assigned to the place of business; or

(iii) in the case of an apportionable motor vehicle, the jurisdiction where because of an agreement or arrangement between two or more jurisdictions or pursuant to a declaration the motor vehicle, trailer, semitrailer, or pole trailer has been registered as required by that jurisdiction.

(b) In case of doubt or dispute as to the proper place of registration of a motor vehicle, trailer, semitrailer, or pole trailer, the transportation commission shall make the final determination, but in making the determination, the commission may confer with departments of the other jurisdictions affected.
Mont. Code Ann. § 61-5-150 — MT Code / Title 61 / Chapter 5 / Part 1 / Section 61-5-150
61-5-150 Communication restrictions
Status: in_force

61-5-150 . Communication restrictions. At the request of an applicant and if the applicant expresses to the department a personal communication limitation or other medical information that would be relevant to a peace officer during a traffic stop or to first responders during an emergency, the department may include an appropriate restriction on a license issued to the applicant.
Mont. Code Ann. § 61-4-525 — MT Code / Title 61 / Chapter 4 / Part 5 / Section 61-4-525
61-4-525 Notice on resale of replaced motor vehicle
Status: in_force

61-4-525 . Notice on resale of replaced motor vehicle. A motor vehicle that is returned to the manufacturer and that requires replacement or refund may not be sold in the state without a clear and conspicuous written disclosure of the fact that the motor vehicle was returned. The department may prescribe by rule the form and content of the disclosure statement and a procedure by which the disclosure may be removed upon a determination that the motor vehicle is no longer defective.
Mont. Code Ann. § 61-8-316 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-316
61-8-316 Fleeing from or eluding peace officer
Status: in_force

61-8-316 . Fleeing from or eluding peace officer. (1) A person operating a motor vehicle commits the offense of fleeing from or eluding a peace officer if a uniformed peace officer operating a police vehicle in the lawful performance of the peace officer's duty gives the person a visual or audible signal by hand, voice, emergency light, or siren directing the person to stop the motor vehicle and the person knowingly fails to obey the signal by refusing to bring the motor vehicle to a stop, increasing the speed of the motor vehicle, continuing at a speed that is 10 or more miles an hour above the applicable speed limit, extinguishing the motor vehicle's lights, or otherwise fleeing from, eluding, or attempting to flee from or elude the peace officer.

(2) A person commits the offense of aggravated fleeing from or eluding a peace officer if:

(a) the person has previously been convicted of fleeing from or eluding a peace officer under this section; or

(b) in the course of fleeing from or eluding a peace officer, the person:

(i) exhibits reckless driving behavior as provided in 61-8-301 , including intentionally steering the motor vehicle toward any other person;

(ii) causes property damage to the property of any other person in an amount exceeding $5,000; or

(iii) leaves the state.

(3) A person who is convicted of or pleads guilty or no contest to a violation of this section is subject to the penalties provided in 61-8-707 .
Mont. Code Ann. § 61-8-507 — MT Code / Title 61 / Chapter 8 / Part 5 / Section 61-8-507
61-8-507 Pedestrian soliciting rides, business, or contributions
Status: in_force

61-8-507 . Pedestrian soliciting rides, business, or contributions. (1) A person may not stand on a roadway for the purpose of soliciting a ride.

(2) A person may not stand on a highway for the purpose of soliciting employment, business, or contributions from the occupant of a vehicle unless the solicitation is authorized by the proper jurisdictional authority.
Mont. Code Ann. § 61-5-107 — MT Code / Title 61 / Chapter 5 / Part 1 / Section 61-5-107
61-5-107 Application for license or motorcycle endorsement
Status: in_force

61-5-107 . Application for license or motorcycle endorsement. (1) Each application for a learner license, driver's license, commercial driver's license, or motorcycle endorsement must be made on a form furnished by the department. A voter registration form for mail registration as prescribed by the secretary of state must be attached to each driver's license application. If the applicant wishes to register to vote, the department shall accept the registration and forward the form to the election administrator.

(2) Each application must include the full legal name, date of birth, sex, as defined in 1-1-201 , residence address of the applicant [and the applicant's social security number], must include a brief description of the applicant, and must provide the following additional information:

(a) the name of each jurisdiction in which the applicant has previously been licensed to drive any type of motor vehicle during the 10-year period immediately preceding the date of the application;

(b) a certification from the applicant that the applicant is not currently subject to a suspension, revocation, cancellation, disqualification, or withdrawal of a previously issued driver's license or any driving privileges in another jurisdiction and that the applicant does not have a driver's license from another jurisdiction;

(c) a brief description of any 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;

(d) a brief description of any adaptive equipment or operational restrictions that the applicant relies upon or intends to rely upon to attain the ability to exercise ordinary and reasonable control in the safe operation of a motor vehicle on the highway, including the nature of the equipment or restrictions; and

(e) if the applicant is a foreign national whose presence in the United States is temporarily authorized under federal law, the expiration date of the official document issued to the applicant by the bureau of citizenship and immigration services of the department of homeland security authorizing the applicant's presence in the United States.

[(3) The department shall keep the applicant's social security number from this source confidential, except that the number may be used for purposes of subtitle VI of Title 49 of the U.S.C. or as otherwise permitted by state law administered by the department and may be provided to the department of public health and human services for use in administering Title IV-D of the Social Security Act.]

(4) (a) When an application is received from an applicant who is not ineligible for licensure under 61-5-105 and who was previously licensed by another jurisdiction, the department shall request a copy of the applicant's driving record from each jurisdiction in which the applicant was licensed in the preceding 10-year period. The driving record may be transmitted manually or by electronic medium.

(b) When received, the driving records must be appended to the driver's record created and maintained in this state. The department may rely on information contained in driving records received under this section to determine the appropriate action to be taken against the applicant upon subsequent receipt of a report of a conviction or other conduct requiring suspension or revocation of a driver's license under state law.

(5) An individual who is under 26 years of age but at least 15 years of age and who is required to register in compliance with the federal Military Selective Service Act, 50 App. U.S.C. 453, must be provided an opportunity to fulfill those registration requirements in conjunction with an application for a learner license, driver's license, commercial driver's license, or state identification card. If under 18 years of age but at least 15 years of age, an individual must be provided an opportunity to be registered by the selective service system upon attaining 18 years of age. Any registration information supplied on the application must be transmitted by the department to the selective service system. (Bracketed language terminates on occurrence of contingency--sec. 1, Ch. 27, L. 1999.)
Mont. Code Ann. § 61-9-419 — MT Code / Title 61 / Chapter 9 / Part 4 / Section 61-9-419
61-9-419 Definitions
Status: in_force

61-9-419 . Definitions. (1) As used in 61-9-420 through 61-9-423 and this section, unless the context requires otherwise, the following definitions apply:

(a) "Booster seat" means a child safety restraint system that meets applicable federal motor vehicle safety standards and is designed to provide belt-positioning that elevates a child to be properly seated with a safety belt.

(b) "Child safety restraint system" means a device that:

(i) meets applicable federal motor vehicle safety standards; and

(ii) is appropriate to the age of the child being restrained, as provided in 61-9-420 .

(c) (i) "Properly restrained" means fastened in a manner prescribed by the manufacturer of the child safety restraint system that permits the child safety restraint system to act as a body restraint.

(ii) The term does not mean a system in which the only body restraint is a safety belt of the type required by 61-9-409 .

(d) "Secured with a safety belt" means restrained or secured by a seat belt that:

(i) meets applicable federal motor vehicle safety standards; and

(ii) is properly adjusted and fastened, including both the shoulder and lap straps, when equipped in the vehicle.
Mont. Code Ann. § 61-9-420 — MT Code / Title 61 / Chapter 9 / Part 4 / Section 61-9-420
61-9-420 Child safety restraint systems -- standards -- exemptions
Status: in_force

61-9-420 . Child safety restraint systems -- standards -- exemptions. (1) A motor vehicle passenger who is under 2 years of age must be properly restrained in a rear-facing child safety restraint system that complies with federal motor vehicle safety standards.

(2) A motor vehicle passenger who is between 2 years of age and up to 4 years of age must be properly restrained in a rear-facing or forward-facing child safety restraint system with an internal harness that complies with federal motor vehicle safety standards.

(3) A motor vehicle passenger who is between 4 years of age and up to 8 years of age must be properly restrained in a forward-facing child safety restraint system with an internal harness or a child booster seat that is secured with a vehicle lap-shoulder seat belt, whichever is applicable, that complies with federal motor vehicle safety standards.

(4) A motor vehicle passenger who is at least 9 years of age or has outgrown the height or weight limits of a child booster seat as set by the manufacturer, whichever comes first, must be secured with a motor vehicle adult safety belt.

(5) A child safety restraint system pursuant to 61-9-419 through 61-9-423 must be installed, adjusted, and used according to the manufacturer instructions.

(6) The department may by rule exempt from the requirements of this section a child who because of a physical or medical condition or body size cannot be placed in a child safety restraint system.
Mont. Code Ann. § 61-8-517 — MT Code / Title 61 / Chapter 8 / Part 5 / Section 61-8-517
61-8-517 Pedestrians at railroad crossings
Status: in_force

61-8-517 . Pedestrians at railroad crossings. A pedestrian may not pass through, around, over, or under a crossing gate or barrier at a railroad grade crossing while the gate or barrier is closed or is being opened or closed.
Mont. Code Ann. § 61-9-415 — MT Code / Title 61 / Chapter 9 / Part 4 / Section 61-9-415
61-9-415 Slow-moving vehicles
Status: in_force

61-9-415 . Slow-moving vehicles. (1) It is unlawful for a person to operate on a state highway, a farm, rural, or county road, or a city street of this state a slow-moving vehicle or equipment, an animal-drawn vehicle, or any other machinery, including all road construction or maintenance machinery, except when engaged in actual construction or maintenance work either guarded by a flag person, as defined in 61-8-102 , or clearly visible warning signs, that normally travels or is normally used at a speed of less than 25 miles an hour, unless there is displayed on the rear of the vehicle an emblem as provided in subsection (2). The requirement of the emblem is in addition to any lighting devices required by law.

(2) The emblem required by subsection (1) must be of substantial construction and must be a based-down equilateral triangle of fluorescent yellow-orange film or equivalent quality paint with a base of 14 inches and a height of 12 inches. The triangle must be bordered with reflective red strips having a minimum width of 1 3/4 inches, with the vertices of the overall triangle truncated so that the remaining height is a minimum of 14 inches. The emblem must be mounted on the rear of the vehicle near the horizontal geometric center of the vehicle at a height of 3 to 5 feet above the roadway and must be maintained in a clean, reflective condition.

(3) In addition to the requirements in subsection (2), on a highway that has only two lanes for traffic moving in opposite directions, when an overtaking vehicle being operated in conformity with 61-8-303 does not have a clear lane for passing as required by 61-8-325 , the driver of a slower-moving, overtaken vehicle shall, at the first opportunity and when a safe turnout exists, move the overtaken vehicle off the main-traveled portion of the highway until the overtaking vehicle is safely clear of the overtaken vehicle.

(4) On an interstate highway or on any other four-lane highway, a slow-moving vehicle, subject to the requirements of this section, must be driven in the right lane as far to the right as possible, including the shoulder of the highway.
Mont. Code Ann. § 61-4-133 — MT Code / Title 61 / Chapter 4 / Part 1 / Section 61-4-133
61-4-133 Refusal to honor succession to ownership -- notice required
Status: in_force

61-4-133 . Refusal to honor succession to ownership -- notice required. (1) If a manufacturer, factory branch, distributor, or importer believes that good cause exists for refusing to honor the succession to the ownership and operation of a dealership by a designated family member under the existing franchise agreement as provided for in this part, the manufacturer, factory branch, distributor, or importer may, within 30 days of receipt of notice of the designated family member's intent to succeed the dealer in the ownership and operation of the dealership, serve upon the designated family member and the department notice of its refusal to honor the succession and of its intent to discontinue the existing franchise agreement with the dealership no sooner than 90 days from the date the notice is served.

(2) The notice must state the specific grounds for the refusal to honor the succession and of its intent to discontinue the existing franchise agreement with the dealership no sooner than 90 days from the date the notice is served.

(3) If notice of refusal and discontinuance is not timely served upon the designated family member and the department or if the department rules in favor of the designated family member in a hearing held pursuant to 61-4-134 , the franchise agreement must continue in effect subject to termination only as otherwise permitted by law.

(4) In the event that a manufacturer, factory branch, distributor, or importer refuses to honor the family member's succession to the ownership and operation of the dealership without complying with this part, the designated family member may commence a proceeding before the department for declaratory judgment against the manufacturer, factory branch, distributor, or importer for an order that the designated family member's right to succession be recognized. The burden of proof, rights, and remedies in the action are the same as if the designated family member had filed a notice of objection to a notice of refusal and discontinuance filed by a manufacturer, factory branch, distributor, or importer.
Mont. Code Ann. § 61-8-384 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-384
61-8-384 Liability
Status: in_force

61-8-384 . Liability. The operator of a vehicle in a funeral procession, including a funeral lead vehicle or a funeral escort vehicle, is not negligent if the person operates the vehicle in accordance with the requirements of 61-8-379 through 61-8-384 . When no negligence exists on the part of the operator of a vehicle in a funeral procession, none may be imputed to the funeral director or mortician organizing the procession, to the agent of the funeral director or mortician, or to a member of a local law enforcement agency acting as the agent, with or without compensation, of the funeral director or mortician.
Mont. Code Ann. § 61-3-404 — MT Code / Title 61 / Chapter 3 / Part 4 / Section 61-3-404
61-3-404 Personalized license plates restricted to registered owner
Status: in_force

61-3-404 . Personalized license plates restricted to registered owner. Personalized license plates may be issued only to the registered owner of the motor vehicle upon which they are displayed.
Mont. Code Ann. § 61-8-808 — MT Code / Title 61 / Chapter 8 / Part 8 / Section 61-8-808
61-8-808 Right of appeal to court
Status: in_force

61-8-808 . Right of appeal to court. (1) Within 30 days after notice of the suspension and the right to a hearing has been given by the peace officer under 61-8-805 or 61-8-806 , the person may file a petition to challenge the suspension in the district court in the county where the finding of 0.04 or more alcohol concentration or refusal was made.

(2) The court has jurisdiction and shall set the matter for hearing. The court shall give at least 10 days' written notice to the county attorney of the county where the appeal is filed. The county attorney shall represent the state.

(3) The court shall take testimony and examine the facts of the case, except that:

(a) with regard to a suspension under 61-8-805 , the issue is limited to whether the person was driving or had actual physical control of a commercial motor vehicle while the person's alcohol concentration was 0.04 or more; and

(b) with regard to a suspension under 61-8-806 , the issues are limited to whether a peace officer had reasonable grounds to believe that the person had been driving or was in actual physical control of a commercial motor vehicle upon ways of this state open to the public while the person had a measurable or detectable alcohol concentration, whether the person was ordered to submit to a test, and whether the person refused to submit to the test.

(4) The court shall determine whether the petitioner is entitled to a commercial driver's license or is subject to suspension as provided in this part.
Mont. Code Ann. § 61-5-219 — MT Code / Title 61 / Chapter 5 / Part 2 / Section 61-5-219
61-5-219 Discount on license reinstatement fee -- completion of driver rehabilitation program
Status: in_force

61-5-219 . Discount on license reinstatement fee -- completion of driver rehabilitation program. (1) A person who submits a certificate of completion from a department-approved driver rehabilitation program must receive a 50% reduction on the license reinstatement fee due under 61-2-107 or 61-5-218 .

(2) For purposes of this section, a driver rehabilitation program may be approved by the department if the program provider annually certifies to the department that the provider's program:

(a) provides a participant with a minimum of 4 hours of instruction on Montana driving laws, the importance of positive driving attitudes and habits, defensive driving techniques, and the responsible use of drugs and alcohol;

(b) includes preinstruction and postinstruction testing of each participant;

(c) provides a certificate of completion to each person who successfully completes the program; and

(d) reports to the department, in a timely manner, the name, date of birth, and driver's license number of each person to whom the provider has issued a certificate of completion.
Mont. Code Ann. § 61-8-913 — MT Code / Title 61 / Chapter 8 / Part 9 / Section 61-8-913
61-8-913 Notice to owner -- payment of removal and storage costs -- request for reissuance of certificate of title
Status: in_force

61-8-913 . Notice to owner -- payment of removal and storage costs -- request for reissuance of certificate of title. (1) Within 15 days after the date that a wrecked or disabled vehicle is removed from a public roadway by a qualified tow truck operator at the request of a law enforcement officer under 61-8-908 , the qualified tow truck operator shall send a certified letter to the vehicle owner or lienholder, as shown in the department's records, notifying the owner or lienholder that the vehicle has been towed and is being stored by the qualified tow truck operator. The certified letter must be sent return receipt requested and postage prepaid to the owner or lienholder at the latest address shown in the department's records.

(2) The owner or lienholder of the vehicle may not reclaim the vehicle until the owner, the lienholder, or the owner's or lienholder's insurance provider has paid the costs incurred by the qualified tow truck operator in removing and storing the vehicle.

(3) If the removal and storage costs have not been paid within 30 days after the date that the notice provided for in subsection (1) was postmarked, the qualified tow truck operator may request, on a form provided by the department, that the department cancel the vehicle's certificate of title, remove any perfected security interest, and reissue the certificate of title to the qualified tow truck operator. In the request, the qualified tow truck operator shall certify that the notice required in subsection (1) was sent and that the owner or lienholder has not made payment as required in subsection (2). A copy of the notice required in subsection (1) must be attached to the request.

(4) Upon receipt of a valid request as provided in subsection (3), the department shall cancel the certificate of title to the vehicle and reissue the certificate of title to the qualified tow truck operator. The qualified tow truck operator shall pay all required fees on the vehicle. After the department has reissued the certificate of title, the former owner or lienholder has no further right, title, claim, or interest in or to the vehicle.
Mont. Code Ann. § 61-8-210 — MT Code / Title 61 / Chapter 8 / Part 2 / Section 61-8-210
61-8-210 Display of unauthorized signs, signals, or markings
Status: in_force

61-8-210 . Display of unauthorized signs, signals, or markings. (1) A person may not place, maintain, or display upon or in view of a highway any unauthorized sign, signal, marking, or device that purports to be or is an imitation of or resembles an official traffic control device, that attempts to direct the movement of traffic, or that hides from view or interferes with the effectiveness of any official traffic control device or flag person.

(2) A person may not place or maintain and a public authority may not permit commercial advertising on an official traffic control device on a highway, except for business signs included as a part of official motorist service panels or roadside area information panels approved by the department of transportation.

(3) This section does not prohibit the erection of signs upon private property adjacent to highways that give useful directional information and that are of a type that cannot be mistaken for official signs.
Mont. Code Ann. § 61-8-367 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-367
61-8-367 Riding in housetrailers
Status: in_force

61-8-367 . Riding in housetrailers. No person or persons may occupy a housetrailer while it is being moved upon a public highway unless the trailer is of a semitrailer design where some part of its own weight and that of its cargo rests upon or is carried by its towing unit through the use of a fifth-wheel type trailer hitch mounted on no less than a one-half ton rated truck.
Mont. Code Ann. § 61-9-436 — MT Code / Title 61 / Chapter 9 / Part 4 / Section 61-9-436
61-9-436 Certain vehicles to carry tire traction devices during winter months
Status: in_force

61-9-436 . Certain vehicles to carry tire traction devices during winter months. (1) (a) Except as provided in subsection (1)(b), from October 1 through April 30, a person operating a motor truck of 26,001 GVW or greater towing a trailer on a mountain pass or on a similar stretch of highway designated by the department of transportation as a place where traction control devices are potentially required shall carry in the vehicle approved traction control devices prescribed by the department.

(b) The requirement of subsection (1)(a) does not apply to a vehicle with four-wheel drive.

(2) A person who violates the provisions of this section shall be punished by a fine of $225 for a first offense and not less than $225 or more than $500 for subsequent offenses.

(3) The department may adopt administrative rules to implement this section.
Mont. Code Ann. § 61-3-721 — MT Code / Title 61 / Chapter 3 / Part 7 / Section 61-3-721
61-3-721 Proportional registration of motor fleet vehicles, registration periods, application, fee formula, and payment -- permanent registration of trailer and semitrailer fleets -- transfer of ownership -- transfer of license plates -- definition
Status: in_force

61-3-721 . Proportional registration of motor fleet vehicles, registration periods, application, fee formula, and payment -- permanent registration of trailer and semitrailer fleets -- transfer of ownership -- transfer of license plates -- definition. (1) An owner of one or more fleets may register and license each fleet for operation in this state by filing an application with the department of transportation. The application must contain the information pertinent to motor vehicle, trailer, semitrailer, or pole trailer registration that is required by the department of transportation. If an electronic record of title has not been created for or a certificate of title issued for an apportionable vehicle in the fleet, the department of transportation, as an authorized agent of the department of justice, may also process the application for certificate of title for the vehicle as provided in 61-3-203 and 61-3-217 .

(2) Except as provided in 61-3-318 (1) and subsection (6) of this section, each fleet subject to the provisions of 61-3-711 through 61-3-733 must be registered for an annual registration period based upon the date that the fleet is first registered in this state.

(3) There are four annual registration periods, each of which begins on the first day of a calendar quarter. As used in this subsection, "calendar quarter" means the period of 3 consecutive months ending March 31, June 30, September 30, or December 31. The periods are:

(a) January 1 through March 31 1st period (b) April 1 through June 30 2nd period (c) July 1 through September 30 3rd period (d) October 1 through December 31 4th period

(4) Registration of a fleet of apportionable motor vehicles under subsection (2) must be renewed on or before the last day of the month for the designated annual registration period unless a different registration period has been authorized pursuant to 61-3-716 (2). The department shall provide for simultaneous registration of multiple fleets of apportionable motor vehicles in common ownership.

(5) Except as provided in subsection (6), the application for each fleet may be accompanied by a fee payment computed by:

(a) dividing in-state miles by total fleet miles as defined in the applicable agreement, arrangement, or declaration entered into pursuant to 61-3-711 through 61-3-733 ;

(b) determining the total amount necessary to register each motor vehicle, trailer, semitrailer, or pole trailer in the fleet for which registration is requested, based on the regular annual registration fees prescribed by 61-3-321 and chapter 10, part 2, and the property taxes that are due on the fleet;

(c) multiplying the sum obtained under subsection (5)(b) by the fraction obtained under subsection (5)(a).

(6) Upon renewal or new registration, each trailer, semitrailer, or pole trailer fleet must be permanently registered and assessed a registration fee of $82.50. Each trailer, semitrailer, or pole trailer in the fleet must be issued a permanent license plate and registration decal.

(7) The fee assessed in subsection (6) is a one-time fee except upon transfer of ownership of a trailer, semitrailer, or pole trailer.

(8) If the owner of a fleet removes a trailer, semitrailer, or pole trailer from the fleet, the owner shall surrender the registration and license plate assigned to the trailer, semitrailer, or pole trailer to the department of transportation. The owner may not transfer the license plate and registration decal to a trailer, semitrailer, or pole trailer that is added to the fleet.

(9) Applications submitted with fees may be recomputed by the department of transportation. The department of transportation shall furnish a statement showing the overpayment or balance due.

(10) Applications submitted without fees must be computed by the department of transportation. The department of transportation shall furnish a statement showing the amount of fees due.
Mont. Code Ann. § 61-12-305 — MT Code / Title 61 / Chapter 12 / Part 3 / Section 61-12-305
61-12-305 Continuance of license
Status: in_force

61-12-305 . Continuance of license. Subject to payment by January 1 of each year of the annual license fee required under 61-12-303 , each license continues in force as long as the company is entitled to the license under this part or until the license is revoked, suspended, or otherwise terminated.
Mont. Code Ann. § 61-2-302 — MT Code / Title 61 / Chapter 2 / Part 3 / Section 61-2-302
61-2-302 Establishment of driver rehabilitation and improvement program -- participation by offending drivers
Status: in_force

61-2-302 . Establishment of driver rehabilitation and improvement program -- participation by offending drivers. (1) The department may establish by administrative rule a driver rehabilitation and improvement program or programs. The programs may consist of electronic or classroom instruction in rules of the road, driving techniques, defensive driving, driver attitudes and habits, actual on-the-road driver's training, and other subjects or tasks designed to contribute to proper driving attitudes, habits, and techniques and must include the requirements for obtaining a restricted probationary driver's license.

(2) Except when otherwise provided or restricted by statute, a person whose driver's license is suspended or revoked by the department, unless the suspension or revocation was for an offense under 61-8-1002 (1)(a), (1)(b), (1)(c), (1)(d), (1)(e), or (1)(f), may participate in any driver rehabilitation and improvement program established under this section if the person's license is:

(a) suspended as a result of a violation of the traffic laws of this state, unless the suspension was imposed under the authority provided in Title 61, chapter 8, part 8; or

(b) revoked and the person has:

(i) completed at least 3 months of a 1-year revocation; or

(ii) completed 1 year of a 3-year revocation; and

(iii) met the requirements for reobtaining a Montana driver's license.

(3) Notwithstanding any provision of this part inconsistent with any other law of the state of Montana, the enforcement of any suspension or revocation order that constitutes the basis for any person's participation in the driver rehabilitation and improvement program provided for in this section may be stayed if that person complies with the requirements established for the driver rehabilitation and improvement program and meets the eligibility requirements of subsection (2).

(4) If a person's driver's license has been surrendered before the person's selection for participation in the driver rehabilitation and improvement program, the license may be returned upon receipt of the person's agreement to participate in the program.

(5) The stay of enforcement of any suspension or revocation action must be terminated and the suspension or revocation action must be reinstated if a person declines to participate in the driver rehabilitation and improvement program or fails to meet the attendance or other requirements established for participation in the program.

(6) This part does not create a right to be included in any program established under this part.

(7) The department may establish a schedule of fees that may be charged to those persons participating in the driver improvement and rehabilitation program. The fees must be used to help defray costs of maintaining the program.

(8) A person may be referred to this program by a driver improvement analyst, city judge, justice of the peace, youth court judge, or judge of a district court of the state.

(9) (a) Except as provided in subsection (9)(b), the department may issue a restricted probationary license to any person who enrolls and participates in the driver rehabilitation and improvement program. Upon issuance of a probationary license under this section, the licensee is subject to the restrictions set forth on the license.

(b) The department may not issue a restricted probationary license that would permit an individual to drive a commercial motor vehicle during a period in which:

(i) the individual is disqualified from operating a commercial motor vehicle under state or federal law; or

(ii) the individual's driver's license or driving privilege is revoked, suspended, or canceled.

(10) It is a misdemeanor for a person to operate a motor vehicle in any manner in violation of the restrictions imposed on a restricted license issued to the person under this section.
Mont. Code Ann. § 61-3-733 — MT Code / Title 61 / Chapter 3 / Part 7 / Section 61-3-733
61-3-733 Laws supplemental to motor vehicle, trailer, semitrailer, or pole trailer registration laws
Status: in_force

61-3-733 . Laws supplemental to motor vehicle, trailer, semitrailer, or pole trailer registration laws. Sections 61-3-711 through 61-3-732 are supplemental to the motor vehicle, trailer, semitrailer, or pole trailer registration laws of this state.
Mont. Code Ann. § 61-3-432 — MT Code / Title 61 / Chapter 3 / Part 4 / Section 61-3-432
61-3-432 Exemptions of vehicles not capable of operation on highways
Status: in_force

61-3-432 . Exemptions of vehicles not capable of operation on highways. Track-type tractors, other track mounted machinery and equipment, road rollers, and other similar equipment and machinery which cannot be self-propelled or towed upon the highways of this state and which must be transported by some type of hauling unit, are not subject to this chapter, chapter 4, part 1, chapter 6, chapter 10, part 2, or chapter 12, part 4.
Mont. Code Ann. § 61-8-815 — MT Code / Title 61 / Chapter 8 / Part 8 / Section 61-8-815
61-8-815 Employer not to permit operation of commercial motor vehicle in violation of state law or federal regulation -- criminal and civil penalties
Status: in_force

61-8-815 . Employer not to permit operation of commercial motor vehicle in violation of state law or federal regulation -- criminal and civil penalties. (1) An employer may not knowingly allow, require, permit, or authorize a person to operate a commercial motor vehicle in the United States:

(a) during any period in which the person's commercial driver's license has been suspended, revoked, or cancelled by a state, the person has lost the privilege to operate a commercial motor vehicle in a state, or the person has been disqualified from operating a commercial motor vehicle;

(b) during any period in which the person has more than one commercial driver's license;

(c) during any period in which the person, the commercial motor vehicle the person is operating, or the motor carrier operation is subject to an out-of-service order; or

(d) in violation of a federal, state, or local law or regulation pertaining to railroad crossings.

(2) A violation of this section is a misdemeanor, and a person convicted of a violation of this section shall be fined not less than $25 or more than $500 for the first offense and not less than $25 or more than $1,000 for each subsequent offense.

(3) (a) Except as provided in subsection (3)(b), an employer who violates this section is subject to a civil penalty of not less than $2,750 or more than $11,000.

(b) An employer who violates subsection (1)(d) is subject to a civil penalty of not more than $10,000.

(c) The department or the county attorney of the county in which the violation occurred may petition the district court to impose the civil penalty. Venue for an action to collect a civil penalty pursuant to this section is in the county in which the violation occurred.

(d) A civil penalty collected under this section must be deposited in the state general fund.
Mont. Code Ann. § 61-8-901 — MT Code / Title 61 / Chapter 8 / Part 9 / Section 61-8-901
61-8-901 Short title
Status: in_force

61-8-901 . Short title. This part may be cited as the "Montana Professional Tow Truck Act".
Mont. Code Ann. § 61-10-226 — MT Code / Title 61 / Chapter 10 / Part 2 / Section 61-10-226
61-10-226 Deposit of state highway money
Status: in_force

61-10-226 . Deposit of state highway money. (1) Money received for the use of the department of transportation from the receipt or transfer of GVW license fees, as provided by law, or from other state sources must be deposited in the highway restricted account provided for in 15-70-126 to the credit of the department.

(2) Money received from the federal government or other agencies must be deposited in a federal or state special revenue fund to the credit of the department.

(3) Money collected for the department as authorized by law must be credited to the appropriate fund by the state treasurer.

(4) Money received from the counties must be deposited in the appropriate account in the state special revenue fund to the credit of the department.
Mont. Code Ann. § 61-3-572 — MT Code / Title 61 / Chapter 3 / Part 5 / Section 61-3-572
61-3-572 Additional electric vehicle registration fees -- disposition
Status: in_force

61-3-572 . Additional electric vehicle registration fees -- disposition. In addition to the registration fees required pursuant to the provisions of Title 61, chapter 3, at the time of initial and renewal registration for an electric vehicle, there is an additional fee based on the weight of the electric vehicle as provided:

(1) The annual registration fees for electric vehicles other than plug-in hybrid electric vehicles is as follows:

(a) $130 for class 1 vehicles;

(b) $190 for class 2 vehicles;

(c) $340 for class 3 vehicles; and

(d) $1,100 for class 4 vehicles.

(2) The annual registration fees for plug-in hybrid electric vehicles is as follows:

(a) $70 for class 1 vehicles;

(b) $100 for class 2 vehicles;

(c) $210 for class 3 vehicles; and

(d) $700 for class 4 vehicles.

(3) The county treasurer or an authorized agent shall transmit the fees provided for in this section to the state as provided in 15-1-504 for deposit to the credit of the department in the highway restricted account provided for in 15-70-126 .
Mont. Code Ann. § 61-2-207 — MT Code / Title 61 / Chapter 2 / Part 2 / Section 61-2-207
61-2-207 Documents filed and notices given by equipment safety commission
Status: in_force

61-2-207 . Documents filed and notices given by equipment safety commission. Filing of documents as required by Article III(10) of the compact must be with the department. All notices required by commission bylaws to be given pursuant to Article III(10) of the compact must be given to the commissioner of this state and the commissioner's alternate.
Mont. Code Ann. § 61-4-504 — MT Code / Title 61 / Chapter 4 / Part 5 / Section 61-4-504
61-4-504 Reasonable number of attempts -- presumption
Status: in_force

61-4-504 . Reasonable number of attempts -- presumption. A reasonable number of attempts to conform a new motor vehicle to the applicable express warranties is presumed to have been made for purposes of 61-4-503 (1) if:

(1) the same nonconformity has been subject to repair four or more times by the manufacturer or its agent or authorized dealer during the warranty period but the nonconformity continues to exist; or

(2) the motor vehicle is out of service because of nonconformity for a cumulative total of 30 or more business days during the warranty period after notification of the manufacturer, agent, or dealer.
Mont. Code Ann. § 61-5-207 — MT Code / Title 61 / Chapter 5 / Part 2 / Section 61-5-207
61-5-207 Reexamination or medical evaluation -- when required
Status: in_force

61-5-207 . Reexamination or medical evaluation -- when required. (1) If the department receives reliable evidence that a licensed driver lacks the ability to exercise ordinary and reasonable control in the safe operation of a motor vehicle on the highway, the department may, upon written notice of at least 5 days to the licensee, require the licensee to obtain a medical evaluation from a licensed physician, licensed physician assistant, or advanced practice registered nurse, as defined in 37-8-102 , or submit to one or more tests customarily conducted by the department for licensure under 61-5-110 .

(2) Upon the review of a medical evaluation, the conclusion of testing, or both, the department may:

(a) impose restrictions on the license, as provided in 61-5-113 , that are appropriate to the licensee's acknowledged or demonstrated functional abilities;

(b) suspend the license indefinitely based upon a licensee's inability to exercise ordinary and reasonable control in the safe operation of a motor vehicle on the highway; or

(c) take no action modifying the license or placing restrictions on the licensee.

(3) The age of a licensee, by itself, does not constitute evidence of a condition requiring a reexamination or a medical evaluation.

(4) A suspension under this section continues in effect until evidence satisfactory to the department establishes that the licensee has regained the ability to exercise ordinary and reasonable control in the safe operation of a motor vehicle on a highway.

(5) Refusal or neglect of the licensee to obtain a medical evaluation from a licensed physician, licensed physician assistant, or advanced practice registered nurse or submit to testing as required by the department is grounds for suspension of the person's license.
Mont. Code Ann. § 61-6-301 — MT Code / Title 61 / Chapter 6 / Part 3 / Section 61-6-301
61-6-301 Required motor vehicle insurance -- family member exclusion
Status: in_force

61-6-301 . Required motor vehicle insurance -- family member exclusion. (1) (a) Except as provided in subsection (1)(b), an owner of a motor vehicle that is registered and operated in Montana by the owner or with the owner's permission shall continuously provide insurance against loss resulting from liability imposed by law for bodily injury or death or damage to property suffered by any person caused by maintenance or use of a motor vehicle in an amount not less than that required by 61-6-103 , or a certificate of self-insurance issued in accordance with 61-6-143 .

(b) Notwithstanding the mandatory motor vehicle liability insurance protection provided for in subsection (1)(a), nothing in this part may be construed to prohibit the exclusion from insurance coverage of a named family member in a motor vehicle liability insurance policy.

(2) It is unlawful for a person to operate a motor vehicle on ways of this state open to the public as defined in 61-8-102 without a valid policy of liability insurance in effect in an amount not less than that required by 61-6-103 unless the person has been issued a certificate of self-insurance under 61-6-143 or is operating a vehicle exempt under 61-6-303 .
Mont. Code Ann. § 61-8-505 — MT Code / Title 61 / Chapter 8 / Part 5 / Section 61-8-505
61-8-505 Pedestrians to use right half of crosswalk
Status: in_force

61-8-505 . Pedestrians to use right half of crosswalk. Pedestrians shall move, whenever practicable, upon the right half of crosswalks.
Mont. Code Ann. § 61-9-432 — MT Code / Title 61 / Chapter 9 / Part 4 / Section 61-9-432
61-9-432 Low-speed and medium-speed electric vehicles -- required equipment
Status: in_force

61-9-432 . Low-speed and medium-speed electric vehicles -- required equipment. (1) Low-speed electric vehicles and medium-speed electric vehicles must be equipped with:

(a) headlamps, front and rear turn signal lamps, taillamps, and stop lamps;

(b) three red reflectors, two of which must be placed on each side as far to the rear of the vehicle as practicable, and one of which must be placed on the rear of the vehicle;

(c) an exterior mirror mounted on the driver's side of the vehicle and either an exterior mirror mounted on the passenger's side of the vehicle or an interior mirror;

(d) a parking brake;

(e) a windshield that conforms to the federal motor vehicle safety standard provided in 49 CFR 571.205; and

(f) a seatbelt assembly that conforms to the federal motor vehicle safety standard provided in 49 CFR 571.209.

(2) A medium-speed electric vehicle must be equipped with a roll bar, roll cage, or crush-proof body design.
Mont. Code Ann. § 61-4-519 — MT Code / Title 61 / Chapter 4 / Part 5 / Section 61-4-519
61-4-519 Action by arbitrator -- decision
Status: in_force

61-4-519 . Action by arbitrator -- decision. (1) The arbitrator shall, as expeditiously as possible but not later than 60 days after the department has accepted a complaint, render a fair decision based on the information gathered and disclose the arbitrator's findings and reasoning to the parties.

(2) The decision must provide appropriate remedies, including but not limited to:

(a) repair of the motor vehicle;

(b) replacement of the motor vehicle with an identical motor vehicle or a comparable motor vehicle acceptable to the consumer;

(c) refund as provided in 61-4-503 (2);

(d) any other remedies available under the applicable warranties or 15 U.S.C. 2301 through 2312, as in effect on October 1, 1983; or

(e) reimbursement of expenses and costs to the prevailing party.

(3) The decision must specify a date for performance and completion of all awarded remedies. The department shall contact the prevailing party within 10 working days after the date for performance to determine whether performance has occurred. The parties shall act in good faith in abiding by any decision. In addition, if the decision is not accepted, the parties shall follow the provisions of Title 27, chapter 5. If the court determines that the appellant has acted without good cause in bringing an appeal of an award, the court, in its discretion, may grant to the respondent costs and reasonable attorney fees.
Mont. Code Ann. § 61-8-109 — MT Code / Title 61 / Chapter 8 / Part 1 / Section 61-8-109
61-8-109 Rights of owners of real property not affected -- when
Status: in_force

61-8-109 . Rights of owners of real property not affected -- when. Nothing in this chapter shall be construed to prevent the owner of real property used by the public for purposes of vehicular travel by permission of the owner from prohibiting such use or from requiring other or different or additional conditions than those specified in this chapter, or otherwise regulating such use as may seem best to such owner.
Mont. Code Ann. § 61-3-423 — MT Code / Title 61 / Chapter 3 / Part 4 / Section 61-3-423
61-3-423 Limit of one identical pair of plates for each operator
Status: in_force

61-3-423 . Limit of one identical pair of plates for each operator. The department may not issue more than one identical pair of lettered license plates for any licensed amateur radio station in any one licensing period.
Mont. Code Ann. § 61-3-322 — MT Code / Title 61 / Chapter 3 / Part 3 / Section 61-3-322
61-3-322 Registration receipts -- issuance
Status: in_force

61-3-322 . Registration receipts -- issuance. (1) Upon completion of the original registration or registration renewal process, the department, an authorized agent, or a county treasurer shall issue a registration receipt to the owner of the motor vehicle, trailer, semitrailer, or pole trailer.

(2) The registration receipt must contain the name and address of the owner of the motor vehicle, trailer, semitrailer, or pole trailer, the license plate number assigned to the motor vehicle, trailer, semitrailer, or pole trailer, sufficient information to identify the registered motor vehicle, trailer, semitrailer, or pole trailer and determine its registration date and period of registration, and any additional information required by rule.

(3) The registration receipt must at all times be carried in the motor vehicle, trailer, semitrailer, or pole trailer to which it refers or must be carried by the person driving or in control of the motor vehicle, trailer, semitrailer, or pole trailer, who shall display it upon demand of a peace officer or any officer or employee of the department or the department of transportation.
Mont. Code Ann. § 61-3-573 — MT Code / Title 61 / Chapter 3 / Part 5 / Section 61-3-573
61-3-573 Gross vehicle weight permanent registration fee -- electric vehicles -- plug-in hybrid electric vehicles
Status: in_force

61-3-573 . Gross vehicle weight permanent registration fee -- electric vehicles -- plug-in hybrid electric vehicles. (1) The permanent registration fee for an electric vehicle is based on unladen gross weight as follows:

(a) for a class 1 vehicle, $260;

(b) for a class 2 vehicle, $380.

(2) The permanent registration fee for a plug-in hybrid electric vehicle is based on gross vehicle weight as follows:

(a) for a class 1 vehicle, $140;

(b) for a class 2 vehicle, $200.
Mont. Code Ann. § 61-8-208 — MT Code / Title 61 / Chapter 8 / Part 2 / Section 61-8-208
61-8-208 Pedestrian control signals
Status: in_force

61-8-208 . Pedestrian control signals. Whenever special pedestrian control signals exhibiting the words "Walk" or "Don't Walk" or symbols of a walking person or an upraised palm are in place, the signals indicate as follows:

(1) A pedestrian facing a "Walk" signal or a walking person symbol may proceed across the roadway in the direction of the signal and the operators of all vehicles shall yield the right-of-way to the pedestrian.

(2) A pedestrian may not start to cross the roadway in the direction of a signal exhibiting a flashing or steady "Don't Walk" signal or upraised palm symbol, but a pedestrian who has partially completed crossing on the "Walk" signal or walking person symbol shall proceed to a sidewalk or safety island while the "Don't Walk" signal or upraised palm symbol is showing. An operator of a vehicle shall yield the right-of-way to a pedestrian who has partially completed crossing and is proceeding to the sidewalk or safety island.

(3) A pedestrian may not start to cross a roadway in the direction of a steady "Don't Walk" signal or upraised palm symbol.
Mont. Code Ann. § 61-4-107 — MT Code / Title 61 / Chapter 4 / Part 1 / Section 61-4-107
61-4-107 Cease and desist order
Status: in_force

61-4-107 . Cease and desist order. (1) When the department has reasonable cause to believe, from information furnished to it or from an investigation made by it, that a person is engaged in any business regulated by this part without being licensed as required or if a dealer licensed under this part is conducting an off-premises sale without a permit, as required by 61-4-123 (4), it shall immediately issue and serve upon the person, in person or by certified mail, a cease and desist order requiring the person to cease and desist from further engaging in that business or from conducting an off-premises sale without a permit. If the person fails to comply with the order, the department shall file an action in the district court of the county in which the conduct occurred to restrain and enjoin the person from engaging in the business. The court shall proceed in the action as in other actions for injunctions.

(2) When the department has reasonable cause to believe, from an investigation made by it or information furnished to it by a law enforcement officer, that a dealer or wholesaler has been improperly licensed, has used a dealer's license in a manner other than as authorized in this title, has provided a material misstatement of fact in an application for a license, is not qualified as a dealer or wholesaler under the requirements of this title, or has engaged in criminal conduct that renders the dealer or wholesaler unfit for licensure, the department may revoke the dealer's or wholesaler's license.
Mont. Code Ann. § 61-8-212 — MT Code / Title 61 / Chapter 8 / Part 2 / Section 61-8-212
61-8-212 Inoperative traffic control device
Status: in_force

61-8-212 . Inoperative traffic control device. An operator of a vehicle approaching an intersection in which an electronic traffic control device is inoperative shall stop in the manner prescribed in 61-8-344 , except when directed to proceed by a police officer, highway patrol officer, or traffic control signal.
Mont. Code Ann. § 61-8-1024 — MT Code / Title 61 / Chapter 8 / Part 10 / Section 61-8-1024
61-8-1024 Ignition interlock device -- assisting in starting and operating -- circumventing -- penalty
Status: in_force

61-8-1024 . Ignition interlock device -- assisting in starting and operating -- circumventing -- penalty. (1) It is unlawful for a person who is subject to a restriction under 61-8-1010 to operate a vehicle that is not equipped with an ignition interlock device.

(2) A person may not knowingly assist a person who is restricted to the use of an ignition interlock device to start and operate the restricted person's vehicle.

(3) A person may not knowingly circumvent the operation of an ignition interlock device.

(4) A person convicted of a violation of this section shall be punished by a fine of not more than $500 or by imprisonment for not more than 6 months or both.

(5) This section does not apply if:

(a) the starting of a motor vehicle or the request to start a motor vehicle equipped with an ignition interlock device is done for the purpose of safety or mechanical repair of the device or the vehicle; and

(b) the person subject to the restriction does not operate the vehicle.
Mont. Code Ann. § 61-7-117 — MT Code / Title 61 / Chapter 7 / Part 1 / Section 61-7-117
61-7-117 Uniformity of interpretation
Status: in_force

61-7-117 . Uniformity of interpretation. This part shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Mont. Code Ann. § 61-12-401 — MT Code / Title 61 / Chapter 12 / Part 4 / Section 61-12-401
61-12-401 Taking vehicle into custody
Status: in_force

61-12-401 . Taking vehicle into custody. (1) The following law enforcement agencies and department of fish, wildlife, and parks personnel may take into custody any vehicle found abandoned for a period of 48 hours or more on a public highway or for a period of 5 days or more on a city street, public property, or private property:

(a) the Montana highway patrol if the vehicle is on the right-of-way of any public highway other than a county road;

(b) the sheriff of the county if the vehicle is on the right-of-way of any county road;

(c) the city police if the vehicle is on a city street;

(d) a tribal law enforcement agency if the tribal government has entered into a cooperative agreement with the Montana highway patrol, the sheriff of a county, or the city police. When a cooperative agreement for law enforcement has been entered into, the tribal law enforcement agency has the same authority to take a vehicle into custody and is subject to the same requirements under this part as the applicable agency identified in subsections (1)(a) through (1)(c);

(e) a game warden, as defined in 19-8-101 , if the vehicle is on state land or land managed by the department of fish, wildlife, and parks.

(2) The Montana highway patrol, sheriff of the county, city police, tribal law enforcement agency, or department of fish, wildlife, and parks may use their personnel, equipment, and facilities for the removal and storage of the vehicle or may hire other personnel, equipment, and facilities for those purposes.

(3) If the Montana highway patrol, the sheriff of the county, the chief of police, the tribal law enforcement agency of the reservation, or the department of fish, wildlife, and parks has hired other personnel, equipment, and facilities to remove and store a vehicle, the Montana highway patrol, sheriff, chief of police, tribal law enforcement agency, or department of fish, wildlife, and parks shall:

(a) pay the person hired to remove the vehicle an amount not to exceed the amount for a removal charge established by rules adopted by the department of environmental quality and may request reimbursement of the hired removal charge from the motor vehicle recycling and disposal program of the department of environmental quality in an amount and manner established by rules adopted by the department of environmental quality for this purpose; or

(b) authorize the person hired to remove the vehicle to submit directly to the department of environmental quality a claim for payment to be made directly to the person hired to remove the vehicle.

(4) (a) At the request of the owner or person in lawful possession or control of the private property, the sheriff of the county in which the vehicle is located, the city police of the city in which the vehicle is located, or the tribal law enforcement agency of the reservation in which the vehicle is located may remove and hold it in the manner and upon the conditions provided in subsections (1) and (2).

(b) A private landowner owning property considered to be part of ways of this state open to the public, as defined in 61-8-102 , who can demonstrate meeting the 5-day waiting period in subsection (1) by calling one of the law enforcement agencies listed in subsection (1) at the start of the 5-day period may remove the abandoned vehicle within the conditions provided for in subsections (1) and (2).
Mont. Code Ann. § 61-8-323 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-323
61-8-323 Overtaking vehicle on left
Status: in_force

61-8-323 . Overtaking vehicle on left. The following rules govern the overtaking and passing of vehicles proceeding in the same direction, subject to the limitations, exceptions, and special rules provided in this chapter:

(1) The operator of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left of the other vehicle at a safe distance and may not again drive to the right side of the roadway until safely clear of the overtaken vehicle.

(2) Except when overtaking and passing on the right is permitted, the operator of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle upon an audible signal or the use of signal lamps, as provided in 61-9-218 , and may not increase the speed of the vehicle until completely passed by the overtaking vehicle. When giving way to the right on a two-lane highway, the operator of the vehicle being overtaken may travel upon the shoulder at a safe speed until passed if the shoulder is wide enough and is in a condition allowing safe travel.
Mont. Code Ann. § 61-2-205 — MT Code / Title 61 / Chapter 2 / Part 2 / Section 61-2-205
61-2-205 Retirement of equipment safety commission employees
Status: in_force

61-2-205 . Retirement of equipment safety commission employees. The public employees retirement board of Montana may make an agreement with the vehicle equipment safety commission for the coverage of said commission's employees pursuant to Article III(6) of the compact. Any such agreement, as nearly as may be, shall provide for arrangements similar to those available to the employees of this state and shall be subject to amendment or termination in accordance with its terms.
Mont. Code Ann. § 61-3-325 — MT Code / Title 61 / Chapter 3 / Part 3 / Section 61-3-325
61-3-325 Fleet registration -- license plates
Status: in_force

61-3-325 . Fleet registration -- license plates. (1) The department or an authorized agent shall compute fees and taxes due on each motor vehicle, trailer, semitrailer, or pole trailer in the fleet as provided in parts 3 and 5 of this chapter, based on its domicile.

(2) The department may issue a separate series of license plates that do not require a registration decal to be affixed. Fleet series license plates may have the same background as standard license plates issued under 61-3-332 but may have a separate numbering system determined by the department pursuant to 61-14-101 . At the request of the fleet owner or lessor and upon payment of all applicable fees, a license plate type other than the fleet plate may be issued to a fleet vehicle.
Mont. Code Ann. § 61-8-386 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-386
61-8-386 Definitions
Status: in_force

61-8-386 . Definitions. As used in 61-8-387 through 61-8-390 , the following definitions apply:

(1) "Emergency lights" means:

(a) for a law enforcement vehicle or an authorized emergency vehicle, visual signals meeting the requirements of 61-9-402 ; and

(b) for a highway worker vehicle, visible signals of flashing or rotating amber, red, or green lights.

(2) "Highway worker" means an employee of the department of transportation, a local authority, or any other entity authorized to work on a public highway when operating or working within 100 feet of a highway worker vehicle using its emergency lights.

(3) "Highway worker vehicle" means a vehicle authorized to work within a public highway. The term also includes a tow truck, a snow plow, or any other vehicle with additional lighting equipment activated in addition to its original equipment manufacturer lights.

(4) "Siren" means an audible signal meeting the requirements of 61-9-402 .
Mont. Code Ann. § 61-11-104 — MT Code / Title 61 / Chapter 11 / Part 1 / Section 61-11-104
61-11-104 Justices of the peace -- availability of records
Status: in_force

61-11-104 . Justices of the peace -- availability of records. Justices of the peace shall make available to the department records of cases which involve the state highway patrol as the department may request.
Mont. Code Ann. § 61-4-105 — MT Code / Title 61 / Chapter 4 / Part 1 / Section 61-4-105
61-4-105 Criminal penalty -- civil penalty imposed by agency
Status: in_force

61-4-105 . Criminal penalty -- civil penalty imposed by agency. (1) Except as provided in 61-4-143 , a person violating the provisions of this part is guilty of a misdemeanor and subject to a fine in an amount of not less than $250 and not more than $500. For the purposes of this section, every sale of a vehicle in violation of the provisions of this part is a separate offense.

(2) In addition to all other penalties created by this part, the department is authorized to take appropriate enforcement action on its own initiative. Except as provided in 61-4-143 , a person violating the provisions of this part may be subject to administrative action, in accordance with the contested case procedures of Title 2, chapter 4, as follows:

(a) a civil penalty not to exceed $1,000 for each violation;

(b) suspension of the dealer, broker, wholesaler, or auto auction license not to exceed 7 days;

(c) revocation of the dealer, broker, wholesaler, or auto auction license; or

(d) any combination of subsections (2)(a) through (2)(c).
Mont. Code Ann. § 61-5-203 — MT Code / Title 61 / Chapter 5 / Part 2 / Section 61-5-203
61-5-203 Suspending privileges of nonresidents and unlicensed persons
Status: in_force

61-5-203 . Suspending privileges of nonresidents and unlicensed persons. (1) The privilege of driving a motor vehicle on the highways of this state given to a nonresident pursuant to 61-5-104 (2) through (4) is subject to suspension or revocation by the department in like manner and for like causes as a driver's license issued under this chapter.

(2) An unlicensed person's privilege to apply for and be issued a driver's license in this state is subject to suspension or revocation by the department in like manner and for like causes as a driver's license issued under this chapter.
Mont. Code Ann. § 61-9-105 — MT Code / Title 61 / Chapter 9 / Part 1 / Section 61-9-105
61-9-105 Obedience to peace officers, highway patrol officers, and public safety workers -- definition
Status: in_force

61-9-105 . Obedience to peace officers, highway patrol officers, and public safety workers -- definition. (1) A person may not willfully fail or refuse to comply with a lawful order or direction of a peace officer, highway patrol officer, or public safety worker pertaining to the use of the highways by traffic.

(2) As used in this section, "public safety worker" means a person who is authorized to provide assistance at the scene of an incident that requires traffic control and who is either a member of a paid or volunteer fire department, an emergency medical service provider, a member of a search and rescue team, or a civilian accident investigator appointed by a law enforcement agency.
Mont. Code Ann. § 61-3-711 — MT Code / Title 61 / Chapter 3 / Part 7 / Section 61-3-711
61-3-711 Declaration of policy
Status: in_force

61-3-711 . Declaration of policy. It is the policy of this state to promote and encourage the fullest possible use of its highway system by authorizing the making and execution of reciprocal or proportional registration agreements, arrangements, and declarations with other states, provinces, territories, and countries with respect to motor vehicles, trailers, semitrailers, or pole trailers registered in this and other states, provinces, territories, and countries thus contributing to the economic and social development and growth of this state.
Mont. Code Ann. § 61-4-221 — MT Code / Title 61 / Chapter 4 / Part 2 / Section 61-4-221
61-4-221 Manufacturer's representative's license plates -- definition
Status: in_force

61-4-221 . Manufacturer's representative's license plates -- definition. (1) As used in 61-4-221 through 61-4-223 , "manufacturer's representative" means a resident of Montana who is an employee of a motor vehicle manufacturer licensed under the provisions of 61-4-202 and whose responsibility includes coordinating and promoting sales efforts with the manufacturer's dealers.

(2) Subject to the provisions of 61-4-221 through 61-4-223 and notwithstanding the provisions of Title 61, chapter 3, a manufacturer's representative who qualifies as provided in subsection (1) may display manufacturer's license plates on a motor vehicle used solely for business purposes.

(3) To qualify for the issuance and use of manufacturer's license plates by its manufacturer's representatives, the manufacturer licensed under 61-4-202 shall apply on forms and in a manner prescribed by the department and pay the fees provided for in 61-4-222 .
Mont. Code Ann. § 61-8-112 — MT Code / Title 61 / Chapter 8 / Part 1 / Section 61-8-112
61-8-112 Special service roads not subject to state law enforcement -- when
Status: in_force

61-8-112 . Special service roads not subject to state law enforcement -- when. When forest development roads, or segments thereof, are designated as special service roads by the United States forest service and by such designation are subjected to traffic rules in addition to or in conflict with the Montana traffic laws, neither the additional nor conflicting traffic rules so prescribed by the forest service nor the Montana traffic law with which they conflict shall be within the jurisdiction of law enforcement officers of this state as to such special service road.
Mont. Code Ann. § 61-8-705 — MT Code / Title 61 / Chapter 8 / Part 7 / Section 61-8-705
61-8-705 Officers or highway patrol officers authorized to remove illegally stopped vehicles
Status: in_force

61-8-705 . Officers or highway patrol officers authorized to remove illegally stopped vehicles. (1) Whenever any police officer or highway patrol officer finds a vehicle standing upon a highway in violation of any of the provisions of 61-8-353 through 61-8-355 , such officer or highway patrol officer is hereby authorized to move such vehicle or require the driver or other person in charge of the vehicle to move the same to a position off the paved or main-traveled part of such highway.

(2) Whenever any police officer or highway patrol officer finds a vehicle unattended upon any bridge or roadway or in any tunnel where such vehicle constitutes an obstruction to traffic, such officer or highway patrol officer is hereby authorized to provide for the removal of such vehicle pursuant to Title 61, chapter 12, part 4, except that the time limits imposed in 61-12-401 do not apply to removal under this subsection.
Mont. Code Ann. § 61-8-339 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-339
61-8-339 Vehicle approaching or entering intersection
Status: in_force

61-8-339 . Vehicle approaching or entering intersection. (1) (a) Except as provided in subsection (1)(b), when two or more vehicles enter or approach an intersection from different highways, the driver of the vehicle on the left shall yield the right-of-way to all vehicles approaching from the right that are close enough to constitute an immediate hazard.

(b) The driver of a vehicle on a highway that intersects another highway without crossing it shall yield the right-of-way to all vehicles approaching from the other highway that are close enough to constitute an immediate hazard.

(2) The right-of-way rule declared in subsection (1) is modified at through highways and otherwise as stated in this chapter.
Mont. Code Ann. § 61-4-406 — MT Code / Title 61 / Chapter 4 / Part 4 / Section 61-4-406
61-4-406 Suit for injury to business or property
Status: in_force

61-4-406 . Suit for injury to business or property. In addition to the criminal and civil penalties provided in this part, any person who is injured in the person's business or property by any other person or corporation or association or partnership by reason of anything forbidden or declared to be unlawful by this part may sue for damages in any court having jurisdiction in the county where the defendant resides or is found or any agent resides or is found or where service may be obtained, without respect to the amount in controversy, and recover twice the amount of damages sustained and the costs of suit. Whenever it appears to the court before which any proceedings under this part may be pending that the ends of justice require that other parties must be brought before the court, the court may cause them to be made parties defendant and summoned, whether or not they reside in the county where the action is pending.
Mont. Code Ann. § 61-9-227 — MT Code / Title 61 / Chapter 9 / Part 2 / Section 61-9-227
61-9-227 Blinker-type or revolving red light on certain private vehicles -- use -- identification card
Status: in_force

61-9-227 . Blinker-type or revolving red light on certain private vehicles -- use -- identification card. (1) Firefighters, when authorized by the chiefs of their respective departments, and search and rescue and volunteer emergency medical personnel, when authorized by the county sheriff, may use a blinker-type or revolving red light or both on the front or the top of their privately owned motor vehicles. This light must be used on emergency duty only while responding to but not upon returning from a fire or other emergency.

(2) A firefighter or search and rescue or volunteer emergency medical personnel displaying the emergency red light on a privately owned motor vehicle shall also carry on the vehicle an identification card showing the name of the owner of the vehicle and the organization to which the firefighter or search and rescue or volunteer emergency medical personnel belongs, and bearing the signature of the person authorizing the emergency use of the light.
Mont. Code Ann. § 61-8-379 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-379
61-8-379 Definitions
Status: in_force

61-8-379 . Definitions. As used in 61-8-380 through 61-8-384 , the following definitions apply:

(1) "Funeral escort vehicle" means a motor vehicle properly equipped pursuant to 61-8-381 .

(2) "Funeral lead vehicle" means a motor vehicle, including a funeral hearse that is properly equipped pursuant to 61-8-381 , leading and facilitating the movement of a funeral procession.

(3) "Funeral procession" means two or more motor vehicles, one of which is carrying the remains of a deceased person, in the daylight hours, including a funeral lead vehicle and a funeral escort vehicle.
Mont. Code Ann. § 61-3-738 — MT Code / Title 61 / Chapter 3 / Part 7 / Section 61-3-738
61-3-738 Deposit and distribution of fees on proportionally registered fleets
Status: in_force

61-3-738 . Deposit and distribution of fees on proportionally registered fleets. The light vehicle registration fees, fees in lieu of tax, and license fees collected under this part must be deposited with the state treasurer in the highway nonrestricted account provided for in 15-70-125 .
Mont. Code Ann. § 61-4-517 — MT Code / Title 61 / Chapter 4 / Part 5 / Section 61-4-517
61-4-517 Implementation of arbitration
Status: in_force

61-4-517 . Implementation of arbitration. (1) A consumer may initiate a request for arbitration by filing a notice with the department. The consumer shall file, on a form prescribed by the department, any information considered relevant to the resolution of the dispute and shall return the form, along with a $100 filing fee, within 5 days after receiving the form. The form must offer the consumer the choice of presenting any subsequent testimony orally or in writing, but not both.

(2) The department shall determine whether the complaint alleges the violation of any applicable warranty under this part. If the department determines that a complaint does not allege a warranty violation, it shall refund the filing fee.

(3) Upon acceptance of a complaint, the department shall notify the manufacturer of the filing of a request for arbitration and shall obtain from the manufacturer, on a form prescribed by the department, any information considered relevant to the resolution of the dispute. The manufacturer shall return the form within 15 days of receipt, with a filing fee of $750.

(4) Fees collected under this section must be deposited in a special revenue account for the use of the department in administering this part.

(5) The manufacturer's fee provided in subsection (3) is due only if the department's arbitration procedures are used.
Mont. Code Ann. § 61-6-142 — MT Code / Title 61 / Chapter 6 / Part 1 / Section 61-6-142
61-6-142 Duration of proof -- when money or securities may be canceled or returned
Status: in_force

61-6-142 . Duration of proof -- when money or securities may be canceled or returned. (1) The department shall direct and the state treasurer shall return to the person entitled any money or securities deposited pursuant to this part as proof of financial responsibility, or the department shall waive the requirement of filing proof under this part, in any of the following events:

(a) at any time after 3 years from the date the proof was required when during the 3-year period preceding the request the department has not received record of a conviction or a forfeiture of bail that would require or permit the suspension or revocation of the license or nonresident's operating privilege of the person by or for whom the proof was furnished;

(b) in the event of the death of the person on whose behalf the proof was filed or the permanent incapacity of the person to operate a motor vehicle; or

(c) in the event the person who has given proof surrenders the person's license to the department.

(2) However, the department may not consent to the return of any money or securities if any action for damages upon a liability covered by the proof is then pending or any judgment upon any liability is then unsatisfied or if the person who has deposited the money or securities has, within 1 year immediately preceding the request, been involved as an operator or owner in any motor vehicle accident resulting in injury or damage to the person or property of others. An affidavit of the applicant as to the nonexistence of the facts or that the applicant has been released from all liability or has been finally adjudicated not to be liable for the injury or damage is sufficient evidence in the absence of evidence to the contrary in the records of the department.

(3) Whenever any person whose proof has been canceled or returned under subsection (1)(c) applies for a license within a period of 3 years from the date proof was originally required, the application must be refused unless the applicant complies with the insurance or bond requirements under 61-6-301 and 61-6-302 .
Mont. Code Ann. § 61-9-502 — MT Code / Title 61 / Chapter 9 / Part 5 / Section 61-9-502
61-9-502 Semiannual inspection of school buses
Status: in_force

61-9-502 . Semiannual inspection of school buses. (1) The department shall perform the semiannual inspection of school buses, one of which shall be at least 30 days prior to the beginning of the school term, and reinspect the buses, if necessary, before the beginning of the school term.

(2) The department's inspection shall determine if the school buses meet the minimum standards for school buses as adopted by the board of public education.
Mont. Code Ann. § 61-8-347 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-347
61-8-347 Obedience to signal indicating approach of train or other on-track equipment
Status: in_force

61-8-347 . Obedience to signal indicating approach of train or other on-track equipment. (1) When a person operating a vehicle approaches a railroad crossing under any of the circumstances stated in this section, the operator of the vehicle shall slow the vehicle in order to stop as close as practicable but not less than 15 feet from the nearest rail of the railroad and may not proceed until the operator can do so safely. These requirements apply when:

(a) a clearly visible electric or mechanical signal device gives warning of the presence or immediate approach of a railroad train or other on-track equipment;

(b) a crossing gate is lowered or when a flag person gives a signal of the approach or passage of a railroad train or other on-track equipment;

(c) a railroad train approaching the crossing emits an audible signal, except at crossings within quiet zones established under 69-14-620 , indicating that the train is an immediate hazard because of its speed or nearness to the crossing;

(d) an approaching railroad train or other on-track equipment is plainly visible and is in hazardous proximity to the crossing;

(e) there is insufficient space to drive completely through the crossing without stopping; or

(f) there is insufficient undercarriage clearance to clear the railroad crossing.

(2) A person may not operate a vehicle through, around, or under any crossing gate or barrier at a railroad grade crossing while the gate or barrier is closed or is being opened or closed.
Mont. Code Ann. § 61-6-105 — MT Code / Title 61 / Chapter 6 / Part 1 / Section 61-6-105
61-6-105 Department to administer law and make rules
Status: in_force

61-6-105 . Department to administer law and make rules. (1) The department shall administer and enforce the provisions of this part and may make rules necessary for the administration of the system.

(2) The rules must:

(a) establish standards and procedures for accessing the system by authorized personnel of the department, the courts, law enforcement personnel, and any other entities authorized by the department that are consistent with specifications and standards of the insurance industry committee on motor vehicle administration and other applicable industry standards;

(b) determine a schedule for the implementation of the system, subject to the testing requirements in 61-6-157 ;

(c) provide for the suspension of a vehicle's registration when:

(i) a person fails to respond to a written inquiry from the department or its designee concerning the insurance status of a vehicle;

(ii) a person misrepresents or provides false information to the department or its designee regarding the operational status or use of a vehicle for which liability insurance is mandatory;

(iii) the department has reason to believe that a vehicle owner is not complying with the mandatory liability insurance requirements of 61-6-301 ; or

(iv) the department receives a report from a court that a person has been convicted of a violation of 61-6-301 or 61-6-302 and the surrender of the vehicle registration receipt and license plates under 61-6-304 has been ordered;

(d) prohibit the reinstatement of a vehicle's registration and the new registration of a vehicle unless the applicable reinstatement fees have been paid;

(e) set a fee for the reinstatement of a vehicle's registration following a suspension imposed by the department. The fee may not exceed $100 and is in addition to any other fine or penalty prescribed by the law.

(f) provide for periodic insurance data file transfers from insurers under specifications and standards set forth in 61-6-157 to identify vehicles that are not covered by an insurance policy and to monitor ongoing compliance with mandatory vehicle liability insurance requirements;

(g) provide for random checks to identify vehicles that are not covered by an insurance policy or specific checks to determine whether a vehicle that has previously been shown as uninsured is now insured; and

(h) provide for a hearing for a person aggrieved by a suspension order issued by the department under the provisions of this part.

(3) The department may adopt additional rules to:

(a) assist authorized users in interpreting responses received from the system and determining the appropriate action to be taken as a result of a response; and

(b) otherwise clarify system operations and business rules.
Mont. Code Ann. § 61-9-413 — MT Code / Title 61 / Chapter 9 / Part 4 / Section 61-9-413
61-9-413 Vehicles transporting explosives
Status: in_force

61-9-413 . Vehicles transporting explosives. (1) Any person operating any vehicle transporting any explosive as a cargo or part of a cargo upon a highway shall at all times comply with the provisions of this section.

(2) Said vehicle shall be marked or placarded on each side and the rear with the word "EXPLOSIVES" in letters not less than 8 inches high, or there shall be displayed on the rear of such vehicle a red flag not less than 24 inches square marked with the word "DANGER" in white letters 6 inches high.

(3) Every said vehicle shall be equipped with not less than two fire extinguishers, filled and ready for immediate use, and placed at a convenient point on the vehicle so used.

(4) The department is hereby authorized and directed to promulgate such additional regulations governing the transportation of explosives and other dangerous articles by vehicles upon the highway as it shall deem advisable for the protection of the public.
Mont. Code Ann. § 61-13-106 — MT Code / Title 61 / Chapter 13 / Part 1 / Section 61-13-106
61-13-106 Evidence not admissible
Status: in_force

61-13-106 . Evidence not admissible. Evidence of compliance or failure to comply with 61-13-103 is not admissible in any civil action for personal injury or property damage resulting from the use or operation of a motor vehicle, and failure to comply with 61-13-103 does not constitute negligence.
Mont. Code Ann. § 61-3-703 — MT Code / Title 61 / Chapter 3 / Part 7 / Section 61-3-703
61-3-703 Purpose
Status: in_force

61-3-703 . Purpose. Sections 61-3-701 and 61-3-702 are solely for the purpose of taxation, registration, and identification of motor vehicles, trailers, semitrailers, or pole trailers operated in this state that have paid a license fee in another state or foreign country and other than as specifically set forth in 61-3-701 and 61-3-702 may not be construed as a repeal of any laws or parts of laws having to do with the registration or licensing of motor vehicles, trailers, semitrailers, or pole trailers within the state.
Mont. Code Ann. § 61-11-213 — MT Code / Title 61 / Chapter 11 / Part 2 / Section 61-11-213
61-11-213 Habitual traffic offender operating motor vehicle guilty of misdemeanor
Status: in_force

61-11-213 . Habitual traffic offender operating motor vehicle guilty of misdemeanor. A person who is declared to be a habitual traffic offender under this part who operates a motor vehicle in this state during the period of revocation of the person's driver's license or driving privileges is guilty of a misdemeanor and upon conviction shall be imprisoned for a period of not less than 14 days or more than 1 year or fined not more than $1,000, or both, and the department, upon receiving a record of the conviction of a person under this section, shall extend the period of revocation for an additional 1 year. However, in cases in which the prohibited operation of a motor vehicle by a habitual traffic offender is necessitated in a situation of extreme emergency in order to save life, limb, or property, the person may not be considered guilty of a violation under this part.
Mont. Code Ann. § 61-8-358 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-358
61-8-358 Limitations on backing
Status: in_force

61-8-358 . Limitations on backing. The driver of a vehicle shall not back the same unless such movement can be made with reasonable safety and without interfering with other traffic.
Mont. Code Ann. § 61-4-222 — MT Code / Title 61 / Chapter 4 / Part 2 / Section 61-4-222
61-4-222 Fees
Status: in_force

61-4-222 . Fees. (1) Upon making the application required under 61-4-221 , the manufacturer shall pay to the department a fee of $250, which entitles the manufacturer to one set of license plates, and an additional fee of $20 for each additional set of license plates. The manufacturer may receive one set of license plates for each manufacturer's representative.

(2) The fees provided for in subsection (1) do not apply to the manufacturer of a personal watercraft, a snowmobile as defined in 23-2-601 , or an off-highway vehicle as defined in 23-2-801 .
Mont. Code Ann. § 61-3-204 — MT Code / Title 61 / Chapter 3 / Part 2 / Section 61-3-204
61-3-204 Replacement certificate of title -- application
Status: in_force

61-3-204 . Replacement certificate of title -- application. (1) If a certificate of title is lost, stolen, destroyed, mutilated, or becomes illegible or if the owner wants to update personal information on the electronic record of title or have a replacement certificate of title issued with updated information, the owner, as shown on the electronic record of title, may apply for and request the department to issue a replacement certificate of title. The application must include satisfactory evidence of the facts requiring the replacement certificate of title and be accompanied by a fee of $10.

(2) The amount of $5 of the fee must be deposited in the state general fund in accordance with 15-1-504 , and the remaining $5 must be deposited in the motor vehicle information technology system account provided for in 61-3-550 .

(3) Beginning July 1, 2026, the fee for a replacement certificate of title is $5 and the entire fee must be deposited in the state general fund.
Mont. Code Ann. § 61-8-1018 — MT Code / Title 61 / Chapter 8 / Part 10 / Section 61-8-1018
61-8-1018 Evidence admissible -- conditions of admissibility
Status: in_force

61-8-1018 . Evidence admissible -- conditions of admissibility. (1) Upon the trial of a criminal action or other proceeding arising out of acts alleged to have been committed by a person in violation of driving under the influence, including 61-8-1002 , an offense that meets the definition of aggravated driving under the influence in 61-8-1001 , a similar offense under previous laws of this state or the laws of another state, or 61-8-805 :

(a) evidence of any measured amount or detected presence of alcohol, drugs, or a combination of alcohol and drugs in the person at the time of a test, as shown by an analysis of the person's blood, breath, or oral fluid is admissible. A positive test result does not, in itself, prove that the person was under the influence of a drug or drugs at the time the person was in control of a vehicle. A person may not be convicted of a violation of 61-8-1002 (1)(a) based on the presence of a drug or drugs in the person unless some other competent evidence exists that tends to establish that the person was under the influence of a drug or drugs while driving or in actual physical control of a motor vehicle within this state.

(b) a report of the facts and results of one or more tests of a person's blood, breath, or oral fluid is admissible in evidence if:

(i) a breath test, oral fluid screening test, or preliminary alcohol screening test was performed by a person certified by the forensic sciences division of the department to administer the test; or

(ii) a blood sample was analyzed in a laboratory operated or certified by the department or in a laboratory exempt from certification under the rules of the department and the blood was withdrawn from the person by a person competent to do so under 61-8-1019 (1); and

(c) a report of the facts and results of a physical, psychomotor, or physiological assessment of a person is admissible in evidence if it was made by a person trained by the department or by a person who has received training recognized by the department.

(2) If the person under arrest refused to submit to one or more tests under 61-8-1016 , whether or not a sample was subsequently collected for any purpose, proof of refusal is admissible in any criminal action or proceeding arising out of acts alleged to have been committed while the person was driving or in actual physical control of a vehicle upon the ways of this state open to the public while under the influence of alcohol, drugs, or a combination of alcohol and drugs. The trier of fact may infer from the refusal that the person was under the influence. The inference is rebuttable.

(3) The provisions of this part do not limit the introduction of any other competent evidence bearing on the question of whether the person was under the influence of alcohol, drugs, or a combination of alcohol and drugs.
Mont. Code Ann. § 61-8-907 — MT Code / Title 61 / Chapter 8 / Part 9 / Section 61-8-907
61-8-907 Inspection -- fees -- decal
Status: in_force

61-8-907 . Inspection -- fees -- decal. (1) The tow truck equipment of a commercial tow truck operator must have an annual safety inspection. A highway patrol officer, an employee of the department of transportation appointed as a peace officer in accordance with 61-12-201 , or an inspector certified by the department shall conduct the inspection and require the commercial tow truck operator to provide proof of compliance with the provisions of 61-8-906 .

(2) (a) Upon satisfactory completion of the inspection and verification of the insurance requirements, a decal showing the last inspection date and the expiration date of the insurance coverage must be affixed in a prominent place on the tow truck.

(b) If the commercial tow truck operator is participating in the law enforcement rotation system, the decal must also show the classification of the operator's tow truck equipment.

(3) The department may establish inspection and decal fees that may not exceed the actual costs of the inspection and the decal. The fees for the inspection and decal must be deposited in the highway nonrestricted account provided for in 15-70-125 .
Mont. Code Ann. § 61-11-502 — MT Code / Title 61 / Chapter 11 / Part 5 / Section 61-11-502
61-11-502 Purpose
Status: in_force

61-11-502 . Purpose. The purpose of this part is to create a more restrictive state version of the federal prohibition on release and use of certain personal information from state motor vehicle records, found in 18 U.S.C. 2721, to protect an individual's privacy, consistent with the Montana constitution, by prohibiting the disclosure and use of personal information contained in Montana motor vehicle records, except when that use may be authorized by law.
Mont. Code Ann. § 61-9-414 — MT Code / Title 61 / Chapter 9 / Part 4 / Section 61-9-414
61-9-414 Logging trucks -- definitions
Status: in_force

61-9-414 . Logging trucks -- definitions. (1) A truck or truck trailer combination, except pole trailers, actively engaged in transporting logs must be equipped with chains, cables, steel straps, or fiber webbing with working load limits that meet or exceed the manufacturer's marked value. The number of tie-down assemblies must be determined by the working load limits and the total weight of the load. The working load limits must equal or exceed 1 1/2 times the total weight of the load.

(2) A pole trailer actively engaged in transporting logs upon the highways of the state must be equipped as follows:

(a) At least three wrappers are required as standard equipment. The wrappers must:

(i) have a minimum working load limit of at least 3,000 pounds; and

(ii) be long enough to encompass any load when secured by a binder.

(b) (i) Wrappers used to secure loads of logs together must be fastened by means of a binder.

(ii) The complete wrapper and binder assembly must have a working load limit of at least 3,000 pounds.

(iii) The handle, or leverage portion of the binder, when in use in tightening and holding the wrapper, must be securely fastened to the wrapper or to the binder so that it cannot be accidentally loosened.

(c) At least two wrappers must be in use on all loads. The wrappers must be placed as close as reasonably possible to the front and rear bunks.

(d) If short logs are loaded on top of longer logs, sufficient wrappers must be used to secure both ends of the short logs to the main body of the load. A log may not extend laterally beyond the stakes that form the outer boundary of the load at the top of the stakes. Logs or poles loaded above the tops of the stakes must be loaded in a pyramidal fashion.

(3) As used in this section:

(a) "binder" means a device attached to a wrapper that provides tension on and secures a wrapper; and

(b) "wrapper" means an indirect tie-down device, the tension of which is intended to secure a stack of logs.
Mont. Code Ann. § 61-10-227 — MT Code / Title 61 / Chapter 10 / Part 2 / Section 61-10-227
61-10-227 Blank forms furnished to county treasurers
Status: in_force

61-10-227 . Blank forms furnished to county treasurers. The department shall furnish all county treasurers with the following:

(1) blank application forms and affidavit forms outlining and providing for the information needed in each classification of license required;

(2) GVW licenses in a form determined most suitable by the department;

(3) the other forms, registration decals, certificates, or blanks that the department considers necessary to carry out this part.
Mont. Code Ann. § 61-3-205 — MT Code / Title 61 / Chapter 3 / Part 2 / Section 61-3-205
61-3-205 Transfer of ownership of vehicles by insurance company
Status: in_force

61-3-205 . Transfer of ownership of vehicles by insurance company. (1) (a) Except as provided in subsection (2), an insurance company or its adjuster that has taken possession of a motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile as a result of settling an insurance claim and that transfers ownership of the motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile shall deliver an assigned certificate of title by the registered owner or owners to the transferee at the time of transfer.

(b) If the certificate of title names one or more holders of a perfected security interest in the motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile, the insurance company or its adjuster shall also secure and deliver to the transferee a release from the secured party of the security interest.

(2) (a) The registered owner or owners may use an electronic signature pursuant to Title 30, chapter 18, part 1, on the certificate of title or on a limited power of attorney to assign ownership of a motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile. The department may prescribe the form of the limited power of attorney to be used for this purpose. A power of attorney executed under authority of this subsection (2)(a) does not require notarization.

(b) A secured party may release a perfected security interest in a motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile under this section by electronic signature pursuant to Title 30, chapter 18, part 1.

(3) The department may adopt rules for the transfer of vehicles in this section.
Mont. Code Ann. § 61-5-134 — MT Code / Title 61 / Chapter 5 / Part 1 / Section 61-5-134
61-5-134 Operation of motor vehicle by minor in violation of restricted first-year license -- penalty
Status: in_force

61-5-134 . Operation of motor vehicle by minor in violation of restricted first-year license -- penalty. (1) A person whose driver's license is restricted under 61-5-133 may not operate a motor vehicle, including a motorcycle, in violation of a restriction imposed under that section.

(2) A person convicted under this section shall be ordered to perform not less than 20 hours or more than 60 hours of community service.

(3) Upon receipt of a report of a second or subsequent conviction under this section, the department shall suspend the person's driver's license for 6 months. A probationary driver's license may not be issued during the period of suspension.
Mont. Code Ann. § 61-3-416 — MT Code / Title 61 / Chapter 3 / Part 4 / Section 61-3-416
61-3-416 Special motorcycle license plates -- department of justice to design -- fees -- distribution
Status: in_force

61-3-416 . (Effective January 1, 2026) Special motorcycle license plates -- department of justice to design -- fees -- distribution. (1) A Montana resident who is the owner of a motorcycle or quadricycle titled and registered under this chapter and who pays the fee required under subsection (2) may be issued a special motorcycle license plate bearing a black background and a design created by the department of justice. The design must recognize the efforts of one or more Montana-based nonprofit organizations dedicated to motorcycle rider safety and awareness.

(2) A person requesting a special motorcycle license plate under this section shall pay to the county treasurer or an authorized agent:

(a) an administrative fee of $5 on issuance of the special license plate to be deposited in the county general fund;

(b) a $5 license plate fee; and

(c) a donation fee of $20.

(3) The county treasurer or an authorized agent shall remit the fees required in subsections (2)(b) and (2)(c) to the department of justice. For each special plate issued, the department of justice shall deposit $5 in the state general fund and $20 in an account in the state special revenue fund to be used by the department of transportation as provided in subsection (4).

(4) The department of transportation shall use the money deposited in the account in the state special revenue fund as provided in subsection (3) to provide grants, using criteria established by the department of transportation, to Montana-based nonprofit organizations that promote awareness and enhance education regarding motorcycle safety.

(5) The account in the state special revenue fund provided for in subsection (3) is statutorily appropriated to the department of transportation, as provided in 17-7-502 .
Mont. Code Ann. § 61-9-308 — MT Code / Title 61 / Chapter 9 / Part 3 / Section 61-9-308
61-9-308 Two means of emergency brake operation
Status: in_force

61-9-308 . Two means of emergency brake operation. (1) A towing vehicle, when used to tow another vehicle equipped with air controlled brakes, in other than driveaway or towaway operations, must be equipped with two means for emergency application of the trailer brakes. One of these means must apply the brakes automatically in the event of a reduction of the towing vehicle air supply to a fixed pressure that may not be lower than 20 pounds per square inch or higher than 45 pounds per square inch. The other means must be a manually controlled device for applying and releasing the brakes, readily operable by a person seated in the driving seat, and its emergency position or method of operation must be clearly indicated. The manual means may not be arranged to prevent operation of the automatic means. The automatic and the manual means required by this section may be separate.

(2) A towing vehicle used to tow other vehicles equipped with vacuum brakes, in operations other than driveaway or towaway operations, must have, in addition to the single control device required by 61-9-309 , a second control device that can be used to operate the brakes on towed vehicles in emergencies. The second control must be independent of brake air, hydraulic, and other pressure, and independent of other controls, unless the braking system is so arranged that failure of the pressure upon which the second control depends causes the towed vehicle brakes to be applied automatically. The second control is not required to provide modulated braking.
Mont. Code Ann. § 61-3-111 — MT Code / Title 61 / Chapter 3 / Part 1 / Section 61-3-111
61-3-111 Motor vehicle division administrative fees
Status: in_force

61-3-111 . Motor vehicle division administrative fees. The motor vehicle division of the department shall charge, impose, and collect a 3% administrative fee on all fees and donations charged under 23-2-809 , 23-2-617 , and this title to be deposited into the motor vehicle division administration account established in 61-3-112 .
Mont. Code Ann. § 61-12-502 — MT Code / Title 61 / Chapter 12 / Part 5 / Section 61-12-502
61-12-502 Veteran designation
Status: in_force

61-12-502 . Veteran designation. The department shall include the word "veteran" on the face of an identification card if the requirements of 61-5-111 (7) are met by the person applying for the identification card.
Mont. Code Ann. § 61-10-215 — MT Code / Title 61 / Chapter 10 / Part 2 / Section 61-10-215
61-10-215 Additional tax by municipalities prohibited -- exceptions
Status: in_force

61-10-215 . Additional tax by municipalities prohibited -- exceptions. Municipalities shall not levy, assess, collect, or charge any additional tax upon any carrier of persons or property for hire, except as provided by law. However, no carrier shall be exempt hereby from paying a parking, curb, or ad valorem property tax levied by any municipality.
Mont. Code Ann. § 61-5-212 — MT Code / Title 61 / Chapter 5 / Part 2 / Section 61-5-212
61-5-212 Driving while license suspended or revoked -- penalty -- second offense of driving without licensing exemption
Status: in_force

61-5-212 . Driving while license suspended or revoked -- penalty -- second offense of driving without licensing exemption. (1) (a) A person commits the offense of driving a motor vehicle without statutory exemption or during a suspension or revocation period if the person drives:

(i) a motor vehicle on any public highway of this state at a time when the person's privilege to drive or apply for and be issued a driver's license is suspended or revoked in this state or any other state unless the person has obtained a restricted-use driving permit under 61-5-232 ;

(ii) a commercial motor vehicle while the person's commercial driver's license is revoked, suspended, or canceled in this state or any other state or the person is disqualified from operating a commercial motor vehicle or from obtaining a commercial driver's license; or

(iii) a motor vehicle on any public highway of this state without proof of a statutory exemption, as provided in 61-5-104 .

(b) (i) A person convicted of the offense of driving a motor vehicle without proof of a statutory exemption for the second time shall be punished by imprisonment for not less than 2 days or more than 6 months and may be fined not more than $500.

(ii) Except as provided in subsection (1)(b)(iii), a person convicted of the offense of driving during a suspension or revocation period shall be fined an amount not to exceed $500 or be imprisoned for a term of not more than 6 months, or both.

(iii) If the reason for the suspension or revocation was that the person was convicted of a violation of 61-8-1002 (1)(a), (1)(b), (1)(c), (1)(d), (1)(e), or (1)(f) or a similar offense under the laws of any other state or the suspension was under 61-8-1016 or a similar law of any other state for refusal to take a test for alcohol or drugs requested by a peace officer who believed that the person might be driving under the influence, the person shall be imprisoned for a term of not less than 2 days or more than 6 months or be fined an amount not to exceed $2,000, or both, and in addition, the court may order the person to perform up to 40 hours of community service.

(2) (a) Upon receiving a record of the conviction of any person under this section upon a charge of driving a noncommercial vehicle while the person's driver's license, privilege to drive, or privilege to apply for and be issued a driver's license was suspended or revoked, the department shall extend the period of suspension or revocation for an additional 1-year period.

(b) Upon receiving a record of the conviction of any person under this section upon a charge of driving a commercial motor vehicle while the person's commercial driver's license was revoked, suspended, or canceled or the person was disqualified from operating a commercial motor vehicle under federal regulations, the department shall suspend the person's commercial driver's license in accordance with 61-8-802 .
Mont. Code Ann. § 61-3-421 — MT Code / Title 61 / Chapter 3 / Part 4 / Section 61-3-421
61-3-421 Amateur radio operators -- special license plate
Status: in_force

61-3-421 . Amateur radio operators -- special license plate. A resident of this state who holds an unrevoked and unexpired official amateur radio station license and operator's license, "conditional" or higher class, issued by the federal communications commission of the United States, upon proof of ownership of the amateur radio station license and operator's license, may be issued a set of license plates displaying the official amateur radio call letters of the owner as assigned to the owner by the federal communications commission for a light vehicle or motor home owned by and registered to the resident. The plates must be renewed as provided in 61-3-312 .
Mont. Code Ann. § 61-8-322 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-322
61-8-322 Passing vehicles proceeding in opposite directions
Status: in_force

61-8-322 . Passing vehicles proceeding in opposite directions. Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than one line of traffic in each direction, each driver shall give to the other at least one-half of the main-traveled portion of the roadway.
Mont. Code Ann. § 61-3-415 — MT Code / Title 61 / Chapter 3 / Part 4 / Section 61-3-415
61-3-415 Special motorcycle license plates -- department to design -- fees -- distribution
Status: in_force

61-3-415 . Special motorcycle license plates -- department to design -- fees -- distribution. (1) A Montana resident who is the owner of a motorcycle or quadricycle titled and registered under this chapter and who pays the fee required under subsection (2) may be issued a special motorcycle license plate bearing a design created by the department. The design must recognize the efforts of one or more Montana-based nonprofit organizations that grant wishes to chronically or critically ill Montana children.

(2) A person requesting a special motorcycle license plate under this section shall pay to the county treasurer or an authorized agent:

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

(b) a $5 license plate fee; and

(c) a donation fee of $20.

(3) The county treasurer or an authorized agent shall remit the fees required in subsections (2)(b) and (2)(c) to the department. For each special plate issued, the department shall deposit $5 in the state general fund and $20 in an account in the state special revenue fund to be used by the department as provided in subsection (4).

(4) The department shall use the money deposited in the account in the state special revenue fund as provided in subsection (3) to provide grants, using criteria established by the department, to Montana-based nonprofit organizations that grant wishes to Montana children who are chronically or critically ill.

(5) The account in the state special revenue fund provided for in subsection (3) is statutorily appropriated to the department, as provided in 17-7-502 .
Mont. Code Ann. § 61-5-112 — MT Code / Title 61 / Chapter 5 / Part 1 / Section 61-5-112
61-5-112 Reciprocal agreements
Status: in_force

61-5-112 . Reciprocal agreements. The department is authorized to enter into reciprocal agreements with adjacent states that would allow certain drivers of vehicles transporting farm products, farm machinery, or farm supplies within 150 miles of a farm to operate without a commercial driver's license.
Mont. Code Ann. § 61-12-202 — MT Code / Title 61 / Chapter 12 / Part 2 / Section 61-12-202
61-12-202 Training of department peace officers -- rules
Status: in_force

61-12-202 . Training of department peace officers -- rules. (1) The department shall provide training as required to qualify employees to competently perform their duties under this part and shall adopt rules that are required and necessary for qualification of those employees as peace officers.

(2) An employee may not make arrests until the employee has successfully completed the training as required by the department.
Mont. Code Ann. § 61-8-802 — MT Code / Title 61 / Chapter 8 / Part 8 / Section 61-8-802
61-8-802 Suspension of commercial driver's license -- disqualification -- major offenses
Status: in_force

61-8-802 . Suspension of commercial driver's license -- disqualification -- major offenses. (1) Upon receipt of a report of a major offense committed by a person who holds a commercial driver's license or a person required to have a commercial driver's license, the department shall suspend the person's commercial driver's license and disqualify the person from operating a commercial motor vehicle:

(a) upon receipt of a report of a first major offense, for 1 year, except that if the major offense occurred while operating a commercial motor vehicle transporting placardable hazardous materials, the suspension must be for 3 years; or

(b) upon receipt of a report of a second or subsequent major offense arising from an incident that is separate from the prior major offense, for life, subject to department rules adopted to implement federal rules allowing for license reinstatement, if the person is otherwise eligible, upon completion of a minimum suspension period of 10 years.

(2) For purposes of this section, the term "major offense" refers to a refusal to take a test under an implied consent law in this or any other jurisdiction, a test result under an implied consent law in any other jurisdiction that shows an alcohol concentration of 0.08 or more while operating a noncommercial motor vehicle or an alcohol concentration of 0.04 or more while operating a commercial motor vehicle, or a conviction in this or any other jurisdiction of any of the following offenses:

(a) driving or being in actual physical control of a motor vehicle while under the influence of alcohol, a drug, or a combination of the two;

(b) driving or being in actual physical control of:

(i) a noncommercial motor vehicle and having an alcohol concentration of 0.08 or more; or

(ii) a commercial motor vehicle and having an alcohol concentration of 0.04 or more;

(c) leaving the scene of an accident involving death or personal injury or failing to give information and render aid;

(d) using a motor vehicle in the commission of a felony, other than a felony under 61-8-804 ;

(e) operating a commercial motor vehicle while the person's commercial driver's license is revoked, suspended, or canceled or the person is disqualified from operating a commercial motor vehicle; or

(f) causing a fatality through negligent or criminal operation of a commercial motor vehicle.
Mont. Code Ann. § 61-5-406 — MT Code / Title 61 / Chapter 5 / Part 4 / Section 61-5-406
61-5-406 Review of administrative actions
Status: in_force

61-5-406 . Review of administrative actions. Any act or omission of any official or employee of this state done or omitted pursuant to, or in enforcing, the provisions of the Driver License Compact shall be subject to review pursuant to the provisions of 61-5-211 , but any review of the validity of any conviction reported pursuant to the compact shall be limited to establishing the identity of the person so convicted.
Mont. Code Ann. § 61-4-127 — MT Code / Title 61 / Chapter 4 / Part 1 / Section 61-4-127
61-4-127 Broker requirements -- restrictions -- annual report -- fees
Status: in_force

61-4-127 . Broker requirements -- restrictions -- annual report -- fees. (1) A broker may not display a motor vehicle, power sports vehicle, or trailer at the broker's established place of business.

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

(3) (a) A broker shall maintain a record of every purchase, sale, or exchange of a motor vehicle, power sports vehicle, or trailer negotiated by the broker for compensation upon behalf of a client. The record must include the name, address, and customer identification number of:

(i) the broker's client;

(ii) the dealer or person from whom the client purchased, sold, or exchanged a motor vehicle, power sports vehicle, or trailer; and

(iii) the financial institution, if any, that financed the client's purchase, sale, or exchange of a motor vehicle, power sports vehicle, or trailer.

(b) The broker shall also maintain a record of each motor vehicle, power sports vehicle, or trailer for which a deal was brokered, including a description of the vehicle, power sports vehicle, or trailer, its identification number, and the source or sources of compensation received by the broker for each deal.

(c) All records must be physically located and maintained within the building referred to in 61-4-101 . Records must be preserved for at least 5 years after the date of the purchase, sale, or exchange negotiated by the broker. An authorized representative of the department, upon presentation of the representative's credentials, may inspect and have access to and copy any records required under this chapter.

(4) (a) On or before the 15th day of the month prior to the dealer license expiration month, a broker shall submit an annual report, in a form or manner prescribed by the department, to the department pertaining to any changes concerning owner identity, other ownership interests, felony conduct, or surety bond filings, as originally required under 61-4-101 , that may have occurred during that calendar year and providing any other relevant information required by the department.

(b) If a broker seeks to change the applicant's name, ownership interest in the business, corporate officer or managing member of the business entity, or a person designated by the applicant to manage or oversee the applicant's business, the broker shall also provide a new license application as originally required under 61-4-101 and the department shall examine the license application as required under 61-4-101 .

(5) The annual report must be accompanied by a $30 filing fee. The annual report must include the number of purchases, sales, or exchanges negotiated by the broker during the calendar year for which the annual report is filed.
Mont. Code Ann. § 61-12-504 — MT Code / Title 61 / Chapter 12 / Part 5 / Section 61-12-504
61-12-504 Fees for identification cards -- expiration of cards
Status: in_force

61-12-504 . Fees for identification cards -- expiration of cards. (1) On application for an identification card issued pursuant to this part, a fee of $16 must be collected and deposited in the general fund. The department may not collect a fee for an identification card from a former foster child who is under 21 years of age as provided in 52-2-629 .

(2) A person with a disability, as defined in 39-30-103 , may obtain a free identification card. An individual discharged from any correctional facility must be furnished a free identification card upon release, discharge, or parole.

(3) (a) An identification card expires on the anniversary of the cardholder's date of birth 8 years after the date of issue.

(b) An identification card issued to a person whose presence in the United States is temporarily authorized under federal laws expires, as determined by the department, no later than the expiration date of the official document issued to the person by the United States citizenship and immigration services of the department of homeland security that authorizes the person's presence in the United States.
Mont. Code Ann. § 61-3-116 — MT Code / Title 61 / Chapter 3 / Part 1 / Section 61-3-116
61-3-116 Services that may be performed by authorized agent
Status: in_force

61-3-116 . Services that may be performed by authorized agent. (1) The department may authorize a person to perform, on the department's behalf, specific motor vehicle titling, registration, or driver licensing functions assigned to or administered by the department under this title. The authorization must be evidenced by an authorized agent agreement.

(2) An authorized agent must meet all of the requirements established by the department.

(3) An authorized agent shall, within the time period prescribed in the authorized agent agreement, submit to the department or its designee all statutorily prescribed fees, taxes, or penalties the authorized agent collects.

(4) (a) Except when specifically prohibited by statute or the authorized agent agreement, in addition to statutorily prescribed fees, taxes, and penalties, an authorized agent may collect and retain a reasonable convenience fee for services provided.

(b) If an authorized agent is a municipal or county officer, the convenience fee may be charged and collected as permitted under 7-5-2133 or 7-5-4125 .

(5) The department may provide an automated mechanism to ensure that any statutorily prescribed fee, tax, or penalty collected by an authorized agent or a county treasurer in a county other than the county where the owner of the vehicle is domiciled is transferred to the county treasurer of the county where the owner of a vehicle is domiciled.
Mont. Code Ann. § 61-6-421 — MT Code / Title 61 / Chapter 6 / Part 4 / Section 61-6-421
61-6-421 Department of justice rulemaking authority
Status: in_force

61-6-421 . Department of justice rulemaking authority. (1) The department of justice may adopt rules for the use of a vehicle with an automated driving system.

(2) In conjunction with the department of transportation, the department of justice shall consult interested stakeholders prior to proposing rules on vehicles with an automated driving system, such as members of the transportation interim committee and representatives of law enforcement agencies, motor vehicle and insurance industries, drivers, pedestrians, and tribal and local governments.
Mont. Code Ann. § 61-3-467 — MT Code / Title 61 / Chapter 3 / Part 4 / Section 61-3-467
61-3-467 Authorization to receive and transmit donations
Status: in_force

61-3-467 . Authorization to receive and transmit donations. As provided in 61-3-465 and notwithstanding any other provisions of Title 7, Title 17, or this title:

(1) the county treasurer or an authorized agent must receive the annual scholarship donations provided for in 61-3-465 and transmit the donations to the state as provided in 15-1-504 or 61-3-116 ; and

(2) the appropriate agency shall accept the annual scholarship donations and once each month distribute the accumulated proceeds to the beneficiary institutions specified by and according to the totals contained in the county treasurers' and authorized agents' reports.
Mont. Code Ann. § 61-4-136 — MT Code / Title 61 / Chapter 4 / Part 1 / Section 61-4-136
61-4-136 Violation -- penalty
Status: in_force

61-4-136 . Violation -- penalty. Any person violating the provisions of 61-4-132 through 61-4-137 shall upon conviction be fined no more than $5,000.
Mont. Code Ann. § 61-8-327 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-327
61-8-327 One-way roadways
Status: in_force

61-8-327 . One-way roadways. (1) The department of transportation or a local authority may designate a highway, roadway, part of a roadway, or specific lanes under its respective jurisdiction for one-way traffic and shall erect official traffic control devices giving notice of that designation.

(2) On a roadway designated by official traffic control devices for one-way traffic, a vehicle may be driven only in the direction designated.
Mont. Code Ann. § 61-8-340 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-340
61-8-340 Vehicle turning left at intersection
Status: in_force

61-8-340 . Vehicle turning left at intersection. The operator of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction that is within the intersection or close enough to the intersection to constitute an immediate hazard. Once the operator has yielded and provided the operator is giving a signal when and as required by this chapter, the operator may make the left turn and the operators of all other vehicles approaching the intersection from the opposite direction shall yield the right-of-way to the vehicle making the left turn. The provisions of this section do not apply where it is otherwise directed by official traffic control devices.
Mont. Code Ann. § 61-9-210 — MT Code / Title 61 / Chapter 9 / Part 2 / Section 61-9-210
61-9-210 Mounting of reflectors, clearance lamps, and side marker lamps
Status: in_force

61-9-210 . Mounting of reflectors, clearance lamps, and side marker lamps. (1) Reflectors when required by 61-9-208 shall be mounted at a height not less than 24 inches and not higher than 60 inches above the ground on which the vehicle stands, except that if the highest part of the permanent structure of the vehicle is less than 24 inches the reflector at such point shall be mounted as high as that part of the permanent structure will permit.

(2) The rear reflectors on a pole trailer may be mounted on each side of the bolster or load.

(3) Any required red reflector on the rear of a vehicle may be incorporated with the taillamp, but such reflector shall meet all the other reflector requirements of this chapter.

(4) Clearance lamps shall be mounted on the permanent structure of the vehicle in such a manner as to indicate its extreme width and as near the top thereof as practicable. Clearance lamps and side marker lamps may be mounted in combination provided illumination is given as required herein with reference to both.
Mont. Code Ann. § 61-3-306 — MT Code / Title 61 / Chapter 3 / Part 3 / Section 61-3-306
61-3-306 Voluntary registration cancellation
Status: in_force

61-3-306 . Voluntary registration cancellation. (1) A person whose vehicle is registered in the state may cancel the registration in a manner prescribed by department rulemaking. The person shall remove the vehicle's license plates if the vehicle is in the person's possession. If the vehicle is registered to multiple adults, they shall all consent to the cancellation.

(2) A vehicle with a canceled registration may not be driven on the ways of this state open to the public.
Mont. Code Ann. § 61-8-389 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-389
61-8-389 Reckless endangerment of emergency personnel -- reckless endangerment of highway workers
Status: in_force

61-8-389 . Reckless endangerment of emergency personnel -- reckless endangerment of highway workers. (1) (a) An operator of a vehicle who violates 61-8-388 when an emergency vehicle is stationary and using its emergency lights or siren commits the offense of reckless endangerment of emergency personnel.

(b) An operator of a vehicle who violates 61-8-388 when a highway worker vehicle is stationary and using its emergency lights commits the offense of reckless endangerment of highway workers.

(2) An operator of a vehicle commits the offense of reckless endangerment of highway workers if the person purposely, knowingly, or negligently drives a motor vehicle in a highway work zone, as defined in 61-8-314 , in a manner that endangers persons or property or if the person purposely removes, ignores, or intentionally strikes an official traffic control device in a work zone for reasons other than:

(a) avoidance of an obstacle;

(b) an emergency; or

(c) to protect the health and safety of an occupant of the vehicle or of another person.

(3) Reckless endangerment of emergency personnel or reckless endangerment of highway workers is punishable under 61-8-715 .
Mont. Code Ann. § 61-8-320 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-320
61-8-320 Right-of-way for bicycles
Status: in_force

61-8-320 . Right-of-way for bicycles. (1) The operator of a motor vehicle may not:

(a) intentionally interfere with the movement of a person who is lawfully riding a bicycle; or

(b) overtake and pass a person riding a bicycle unless the operator of the motor vehicle can do so safely without endangering the person riding the bicycle.

(2) The operator of a motor vehicle shall yield the right-of-way to a person who is riding a bicycle within a designated bicycle lane.
Mont. Code Ann. § 61-2-106 — MT Code / Title 61 / Chapter 2 / Part 1 / Section 61-2-106
61-2-106 County drinking and driving prevention program
Status: in_force

61-2-106 . County drinking and driving prevention program. (1) The governing body of a county may appoint a task force to study the problem of alcohol-related traffic accidents and recommend a program designed to:

(a) prevent driving while under the influence of alcohol;

(b) reduce alcohol-related traffic accidents; and

(c) educate the public on the dangers of driving after consuming alcoholic beverages or other chemical substances that impair judgment or motor functions.

(2) A task force appointed under subsection (1) shall conduct its study and submit its recommendations within 6 months from the date it was appointed. Task force meetings are open to the public. The task force shall give notice by publication in the community meeting announcement section of a newspaper of general circulation in the county.

(3) The county governing body may by resolution adopt the recommendations of the task force appointed under subsection (1). The proposed program must be approved by the governor as provided in 61-2-105 .

(4) The presiding officer of the task force shall submit to the county governing body:

(a) a budget and a financial report for each fiscal year; and

(b) an annual report containing but not limited to:

(i) an evaluation of the effectiveness of the program;

(ii) the number of arrests and convictions in the county for driving under the influence of alcohol and the sentences imposed for these convictions;

(iii) the number of alcohol-related traffic accidents in the county; and

(iv) any other information requested by the county governing body or considered appropriate by the task force.

(5) A copy of the annual report may be submitted to the department.
Mont. Code Ann. § 61-10-241 — MT Code / Title 61 / Chapter 10 / Part 2 / Section 61-10-241
61-10-241 Terminated
Status: in_force

61-10-241 . Terminated. Sec. 39(5), Ch. 15, Sp. L. July 1992.
Mont. Code Ann. § 61-4-129 — MT Code / Title 61 / Chapter 4 / Part 1 / Section 61-4-129
61-4-129 Assignment of demonstrator plates
Status: in_force

61-4-129 . Assignment of demonstrator plates. (1) (a) A dealer or wholesaler may purchase demonstrator plates at a fee of $5 a plate.

(b) Demonstrator plates may not be issued to a new or used dealer whose business is restricted to the sale of power sports vehicles.

(2) (a) Except as provided in subsection (2)(c), demonstrator plates may be used on a motor vehicle displaying a Monroney label or a buyer's guide label, as required by 61-4-123 (2), or on a truck, truck tractor, truck tractor pulling a laden or unladen semitrailer, or travel trailer that is:

(i) being demonstrated and offered for sale to a dealership customer for not more than 72 hours when operated by an individual holding a valid operator's license;

(ii) owned by the dealership when operated by an officer or bona fide full-time employee of the dealer or wholesaler and used to transport the dealer's or wholesaler's own tools, parts, and equipment;

(iii) being tested for repair;

(iv) being moved to or from a dealer's place of business for sale;

(v) being moved to or from service and repair facilities before sale; and

(vi) being moved to or from exhibitions within the state, provided the exhibition does not exceed a period of 20 days.

(b) Demonstrator plates may be used:

(i) on trailers being hauled to or from the place of business of the manufacturer and the place of business of the dealer or to and from places of business of the dealer;

(ii) on travel trailers held for sale to demonstrate the towing capability of the motor vehicle, for not more than 72 hours;

(iii) on any motor vehicle owned by the dealer that is used only to move a travel trailer that is in the dealer's inventory; and

(iv) on trailers being moved to or from exhibitions within the state if the exhibition does not exceed a period of 20 days.

(c) Extra demonstrator plates may be made available to dealers eligible for demonstrator plates under subsection (2)(a) to provide to one or more service repair facilities to be used when moving a motor vehicle in the dealer's inventory to and from the dealer's place of business and the service and repair facility prior to sale. A motor vehicle displaying demonstrator plates under this subsection is not required to have a Monroney label or a buyer's guide label as required by 61-4-123 (2). The department may require justification for additional demonstrator plates.

(d) A motor vehicle being operated in accordance with this subsection (2) need only display one demonstrator plate conspicuously on the rear of the motor vehicle.
Mont. Code Ann. § 61-3-202 — MT Code / Title 61 / Chapter 3 / Part 2 / Section 61-3-202
61-3-202 Certificate of title -- issuance -- contents -- joint ownership
Status: in_force

61-3-202 . Certificate of title -- issuance -- contents -- joint ownership. (1) A certificate of title issued by the department must contain:

(a) the date issued;

(b) the name and address of the owner;

(c) the mileage disclosed by the transferor when ownership of the motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile was transferred, including a notation that the record mileage is actual, not actual, or exceeds mechanical limits;

(d) the name and address of each secured party and lienholder, in the order of priority and perfection or, if the application was based on a surrendered certificate of title, in the order that the names and addresses are shown on the certificate of title;

(e) the title number assigned to the motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile;

(f) the name of the jurisdiction in which the motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile owner resides, the words "certificate of title", the motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile identification number, the manufacturer's designated model year of manufacture, make, and model of the motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile, and any required or carried-forward brands;

(g) the unique transaction record number, if available and assigned by the department; and

(h) any other data that the department prescribes.

(2) A certificate of title issued by the department is valid until canceled by the department upon:

(a) a transfer, in the electronic record, of title of any ownership interest shown in the certificate of title;

(b) notice received by the department of the surrender of the certificate of title to a motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile to a title-issuing agency of another jurisdiction for an issuance of a title in that jurisdiction;

(c) the issuance of a duplicate certificate of title; or

(d) a determination by the department that the certificate of title contains a substantial error or that the person who requested issuance of the certificate of title paid the required fees and taxes with an insufficient funds check.

(3) (a) Whenever the conditions described in subsection (2)(d) occur, the department shall:

(i) give prompt written notice of the cancellation of the certificate of title to any owner, secured party, or lienholder of record; and

(ii) stop any change to the electronic record of title.

(b) The action taken by the department under subsection (3)(a) prevents the transfer of any ownership interest until the error is corrected or the fees and taxes have been paid.

(4) If the names and addresses of more than one owner are listed on the certificate of title, joint ownership with right of survivorship, and not as transfer on death, is presumed.
Mont. Code Ann. § 61-8-509 — MT Code / Title 61 / Chapter 8 / Part 5 / Section 61-8-509
61-8-509 Pedestrian's right-of-way on sidewalks
Status: in_force

61-8-509 . Pedestrian's right-of-way on sidewalks. The driver of a vehicle crossing a sidewalk shall yield the right-of-way to any pedestrian and all other traffic on the sidewalk.
Mont. Code Ann. § 61-5-151 — MT Code / Title 61 / Chapter 5 / Part 1 / Section 61-5-151
61-5-151 Entry-level driver training -- requirements -- responsibilities of department of transportation
Status: in_force

61-5-151 . Entry-level driver training -- requirements -- responsibilities of department of transportation. (1) The department of transportation:

(a) shall develop and implement an entry-level driver training program, including theory and behind-the-wheel training, that complies with federal requirements for class A and class B commercial driver's licenses, excluding endorsements;

(b) shall make available to the public the entry-level driver training program provided for in subsection (1)(a), which must be free of cost to Montana residents eligible to receive a commercial driver's license and must be available in each of the transportation commission districts established in 2-15-2502 ;

(c) may utilize various formats of entry-level driver trainings, including in-person training and asynchronous or synchronous virtual training; and

(d) may coordinate with other state agencies or organizations to develop and implement entry-level driver training.

(2) An entry-level driver training program developed by the department of transportation must include use of facilities, vehicles, and instructors sufficient to issue a commercial driver's license.

(3) The department of transportation may establish rules for the development and administration of an entry-level driver training program.
Mont. Code Ann. § 61-4-518 — MT Code / Title 61 / Chapter 4 / Part 5 / Section 61-4-518
61-4-518 Arbitration -- role of department of justice -- expert
Status: in_force

61-4-518 . Arbitration -- role of department of justice -- expert. (1) The department shall investigate, gather, and organize all information necessary for a fair and timely decision in each dispute. The department may, on behalf of the arbitrator, issue subpoenas to compel the attendance of witnesses and the production of documents, papers, and records relevant to the dispute.

(2) If requested by the arbitrator, the department may forward a copy of all written testimony and documentary evidence to an independent technical expert certified by the national institute of automotive excellence. The expert may review the material and be available to advise and consult with the arbitrator. The expert, at the arbitrator's request, may be present whenever oral testimony is presented.
Mont. Code Ann. § 61-5-147 — MT Code / Title 61 / Chapter 5 / Part 1 / Section 61-5-147
61-5-147 Authority to revoke or remove hazardous materials endorsement
Status: in_force

61-5-147 . Authority to revoke or remove hazardous materials endorsement. (1) If the transportation security administration of the department of homeland security informs the department that a person does not meet the standards for the security threat assessment provided in 49 CFR, part 1572, the department shall revoke the person's hazardous materials endorsement to a commercial driver's license. Revocation of the hazardous materials endorsement results in immediate withdrawal of the person's authority to transport hazardous material in commerce, but does not otherwise affect the person's commercial driver's license or any unrelated endorsements.

(2) A person whose hazardous materials endorsement has been revoked or removed under this section shall surrender the person's commercial driver's license to the department and apply for a replacement license, as provided in 61-5-114 , that does not include the hazardous materials endorsement.

(3) Upon surrender of a hazardous materials endorsement by a person who is disqualified from holding a hazardous materials endorsement under 49 CFR, part 1572, the department shall note the removal of the hazardous materials endorsement on its records and on the commercial driver's license information system.
Mont. Code Ann. § 61-8-201 — MT Code / Title 61 / Chapter 8 / Part 2 / Section 61-8-201
61-8-201 Obedience to traffic control devices -- exception for certain vehicles and funeral processions
Status: in_force

61-8-201 . Obedience to traffic control devices -- exception for certain vehicles and funeral processions. (1) Unless otherwise directed by a peace officer, flag person, crossing guard, or public safety worker, the driver of a vehicle shall obey the instructions of an official traffic control device applicable to the driver's vehicle and placed in accordance with the provisions of this chapter. The driver of an authorized emergency vehicle, a police vehicle, or a highway patrol vehicle and the driver of a motor vehicle in a funeral procession are exempt from obedience to official traffic control devices and flag persons as provided in this chapter.

(2) A provision of this chapter for which traffic control devices or flag persons are required may not be enforced against an alleged violator if at the time and place of the alleged violation an official traffic control device or flag person is not in proper position and sufficiently legible or visible to be seen by an ordinarily observant person. Whenever a particular section of this chapter does not state that official traffic control devices or flag persons are required, the section is effective even though traffic control devices are not erected or in place.

(3) Official traffic control devices or flag persons that are placed or held in position substantially conforming to the requirements of this chapter and the requirements of the uniform system adopted by the department of transportation pursuant to 61-8-202 are presumed to have been placed by an official act or at the discretion of a lawful authority.
Mont. Code Ann. § 61-5-114 — MT Code / Title 61 / Chapter 5 / Part 1 / Section 61-5-114
61-5-114 Replacement license -- veteran designation
Status: in_force

61-5-114 . Replacement license -- veteran designation. (1) If a learner license or a driver's license issued under the provisions of this chapter is lost or destroyed or a person wants to update personal information contained on a learner license or a driver's license issued to the person, the person to whom the license was issued may, on the payment of a fee of $10, obtain a replacement license, on furnishing proof satisfactory to the department that the license has been lost or destroyed or that personal information has changed. The department may not charge a fee for a replacement license to a former foster child who is under 21 years of age as provided in 52-2-629 .

(2) If the hazardous materials endorsement on a commercial driver's license issued under the provisions of this chapter is revoked or removed pursuant to the authority provided in 61-5-147 , the person to whom the license was issued shall surrender to the department the person's commercial driver's license with the hazardous materials endorsement and may obtain, on making application and paying a $10 fee, a replacement license that does not include a hazardous materials endorsement.

(3) The department shall include the word "veteran" on the face of a driver's license if the requirements of 61-5-111 (7) are met by the person applying for the driver's license.
Mont. Code Ann. § 61-2-507 — MT Code / Title 61 / Chapter 2 / Part 5 / Section 61-2-507
61-2-507 Emergency grant appropriations
Status: in_force

61-2-507 . Emergency grant appropriations. (1) In a documented situation that the department considers to be an emergency for which an eligible emergency medical service provider cannot pay, the department may provide funding to repair or replace a vehicle or equipment that has been damaged or destroyed.

(2) Emergency funding may be provided only for vehicles or equipment eligible for grant funding, as provided in 61-2-503 .

(3) Normal replacement of an ambulance or equipment may not be considered an emergency.
Mont. Code Ann. § 61-2-108 — MT Code / Title 61 / Chapter 2 / Part 1 / Section 61-2-108
61-2-108 Funding allocation for programs to prevent or reduce drinking and driving
Status: in_force

61-2-108 . Funding allocation for programs to prevent or reduce drinking and driving. (1) If the county in which the violation or violations occurred has initiated and maintained a drinking and driving prevention program as provided in 61-2-106 , the department shall transmit the county portion of the proceeds of the license reinstatement fees collected in that county to the county treasurer, as provided in 61-2-107 (2), at the end of each quarter.

(2) Funds deposited in the state special revenue fund pursuant to 61-2-107 (2) for violations occurring in a county that has not initiated and maintained a drinking and driving prevention program as provided in 61-2-106 must be distributed July 1 of each year, on an equal basis, to those counties that have an approved program under 61-2-106 .
Mont. Code Ann. § 61-8-337 — MT Code / Title 61 / Chapter 8 / Part 3 / Section 61-8-337
61-8-337 Signals by hand and arm or signal device
Status: in_force

61-8-337 . Signals by hand and arm or signal device. (1) Any stop or turn signal when required herein shall be given either by means of the hand and arm or by a signal lamp or lamps, except as otherwise provided in subsection (2).

(2) Any motor vehicle in use on a highway shall be equipped with and required signal shall be given by a signal lamp or lamps when the distance from the center of the top of the steering post to the left outside limit of the body, cab, or load of such motor vehicle exceeds 24 inches or when the distance from the center of the top of the steering post to the rear limit of the body or load thereof exceeds 14 feet. The latter measurement shall apply to any single vehicle, also to any combination of vehicles.
Mont. Code Ann. § 61-3-103 — MT Code / Title 61 / Chapter 3 / Part 1 / Section 61-3-103
61-3-103 Filing of security interests -- perfection -- rights -- procedure -- fees
Status: in_force

61-3-103 . Filing of security interests -- perfection -- rights -- procedure -- fees. (1) (a) Except as provided in subsection (2), the department, its authorized agent, or a county treasurer shall, upon payment of the fee required by subsection (8), enter a voluntary security interest or lien against the electronic record of title for a motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile upon receipt of a written acknowledgment of a voluntary security interest or lien by the owner of a motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile on a form prescribed by the department.

(b) After the voluntary security interest or lien has been entered on the electronic record of title for the motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile, the department, its authorized agent, or a county treasurer shall issue a transaction summary receipt to the owner and, if requested, to the secured party or lienholder, showing the date that the security interest or lien was perfected.

(c) A voluntary security interest or lien is perfected on the date that the department, its authorized agent, or a county treasurer receives the written acknowledgment of the voluntary security interest or lien from the owner of the motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile.

(d) Except as provided in subsection (3), when a person applying for a certificate of title requests issuance of a certificate of title under 61-3-201 , the department shall record the voluntary security interest or lien on the face of a certificate of title.

(2) A security interest in a motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile held as inventory by a dealer licensed under Title 23, chapter 2, part 5, 6, or 8, or chapter 4 of this title must be perfected in accordance with Title 30, chapter 9A.

(3) Whenever a security interest or lien is filed against the electronic record of title for a motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile that is subject to two security interests previously perfected under this section and the applicant has requested issuance of a certificate of title under 61-3-201 , the department shall endorse on the face of the certificate of title, "NOTICE. This vehicle is subject to additional security interests on file with the Department of Justice." Other information regarding the additional security interests is not required to be endorsed on the certificate.

(4) Upon default under a chattel mortgage or conditional sales contract covering a motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile, the mortgagee or vendor has the same remedies as in the case of other personal property. In case of attachment of motor vehicles, trailers, semitrailers, pole trailers, campers, motorboats, personal watercraft, sailboats, or snowmobiles, all the provisions of 27-18-413 , 27-18-414 , and 27-18-804 are applicable except that deposits must be made with the department.

(5) A secured party or lienholder who has a perfected security interest in a motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile and who fails to file a satisfaction of the security interest or lien within 21 days after receiving final payment is required to pay the department $25 for each day that the secured party or lienholder fails to file the satisfaction.

(6) Within 24 hours after receiving notice of any involuntary liens or attachments against the record of any motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile registered in this state, the department shall mail to the owner or any secured party or lienholder of record a notice showing the name and address of the lien claimant, the amount of the lien, the date of execution of the lien, and, in the case of attachment, the full title of the court and the action and the names of the attorneys for the plaintiff and attaching creditor.

(7) (a) This section does not prevent a secured party or lienholder from assigning the secured party's or lienholder's interest in a motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile, for which a certificate of title is issued under this chapter, to any other person without the consent of and without affecting the interest of the holder of the certificate of title.

(b) If a secured party assigns all or part of the party's interest in a motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile for which a certificate of title is issued under this chapter, the secured party assigning the interest shall file a copy of the assignment with the department and the department shall record the assignment in the department's records.

(8) (a) A fee must be paid to the department to file any security interest or other lien against a motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile. The fee covers the cost of entering and, upon the subsequent satisfaction or release, of removing the security interest or lien from the electronic record of title.

(b) The fee to file a lien is $8. Of the $8 fee, $4 must be deposited in the state general fund in accordance with 15-1-504 . The remaining $4 must be forwarded to the state for deposit in the motor vehicle information technology system account provided for in 61-3-550 .

(9) (a) Until June 30, 2034, a fee of $10 must be paid to the department by a vehicle owner if, following satisfaction or release of a security interest and its removal from the department's records, the motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile owner requests issuance of a new certificate of title without the security interest or lien shown on the face of the title. Beginning July 1, 2034, the fee for a new certificate of title under this subsection is $5.

(b) Until June 30, 2034, the fee must be deposited in the motor vehicle information technology system account provided for in 61-3-550 .

(c) Beginning July 1, 2034, the $5 fee must be deposited in the state general fund.
Mont. Code Ann. § 61-8-202 — MT Code / Title 61 / Chapter 8 / Part 2 / Section 61-8-202
61-8-202 Department of transportation to adopt manual
Status: in_force

61-8-202 . Department of transportation to adopt manual. The department of transportation shall adopt a manual for a uniform system of traffic control devices consistent with this chapter for use upon highways within the state. The manual adopted by the department of transportation must correlate with and so far as possible conform to the Manual on Uniform Traffic Control Devices, as amended, published by the United States federal highway administration.
Mont. Code Ann. § 61-9-521 — MT Code / Title 61 / Chapter 9 / Part 5 / Section 61-9-521
61-9-521 Violation of engine compression brake device provisions -- penalty
Status: in_force

61-9-521 . Violation of engine compression brake device provisions -- penalty. A person who violates the provisions of 61-9-321 is guilty of a misdemeanor and upon conviction shall be fined not to exceed $500.
Mont. Code Ann. § 61-3-115 — MT Code / Title 61 / Chapter 3 / Part 1 / Section 61-3-115
61-3-115 Customer service accounts -- electronic updates or changes to motor vehicle, driver, or dealer licensing records
Status: in_force

61-3-115 . Customer service accounts -- electronic updates or changes to motor vehicle, driver, or dealer licensing records. (1) The department may provide secure electronic applications to permit a person, for specific purposes and as determined by the department, to access or update:

(a) an electronic record of title or registration for any vehicle registered to that person;

(b) an electronic individual Montana driving record for that person; or

(c) an electronic record pertaining to a license issued by the department under chapter 4 of this title.

(2) Purposes for which a person may access or update an electronic record of title or registration for a vehicle registered to or acquired by the person may include but are not limited to:

(a) issuing a temporary registration permit for a newly acquired vehicle;

(b) renewing vehicle registration on an annual or periodic basis;

(c) updating or changing personal information, including residence or mailing addresses; and

(d) changing the anniversary date and registration period for a vehicle registered to the person.

(3) Purposes for which a person may access or update an electronic individual Montana driving record for that person may include but are not limited to the following:

(a) updating or changing personal information, including residence or mailing addresses;

(b) obtaining a copy of the person's individual Montana driving record;

(c) paying a reinstatement fee owed to the department; and

(d) applying for a replacement driver's license.
Mont. Code Ann. § 61-6-158 — MT Code / Title 61 / Chapter 6 / Part 1 / Section 61-6-158
61-6-158 Vehicle insurance verification and license plate operating account
Status: in_force

61-6-158 . Vehicle insurance verification and license plate operating account. (1) There is a vehicle insurance verification and license plate operating account in the state special revenue fund type as provided in 17-2-102 .

(2) Fees imposed under 61-3-321 (7)(b)(ii) and (13), 61-3-333 , 61-3-465 (1)(b)(i), 61-3-480 (2)(c)(i), 61-3-562 (1)(a)(ii), or 61-3-701 (5) or established and collected under 61-6-105 must be deposited in the account.

(3) The money in the vehicle insurance verification and license plate operating account must be used by the department to pay costs incurred in or associated with the operation, maintenance, and enhancement of the system established under 61-6-157 and the contract required in 61-3-338 for the manufacture and distribution of license plates by Montana correctional enterprises or other costs incurred by the department or as otherwise appropriated by the legislature to the department.
Mont. Code Ann. § 61-11-508 — MT Code / Title 61 / Chapter 11 / Part 5 / Section 61-11-508
61-11-508 Permitted disclosure of personal information -- specific uses
Status: in_force

61-11-508 . Permitted disclosure of personal information -- specific uses. (1) On application, proof of the identity of the person requesting a record, and payment of fees required in 61-11-510 , the department may disclose personal information, including highly restricted personal information, from a motor vehicle record to:

(a) the person who is the subject of the motor vehicle record; or

(b) a person who represents that the use of the information will be strictly limited to one or more of the following:

(i) a federal, state, or local government agency, including a court or a law enforcement agency, and any individual acting on behalf of the agency in carrying out its functions, including county government elections officials verifying voter registration information and representatives of the news media for a legitimate law enforcement purpose, as determined by the department; or

(ii) a person, organization, or entity, on the express consent of the person to whom the information pertains.

(2) The department may not disclose a social security number unless:

(a) it is disclosed for the purposes of subtitle VI of Title 49 of the U.S.C.;

(b) it is disclosed to the department of public health and human services for use in administering Title IV-D of the Social Security Act;

(c) the release of the social security number is specifically authorized by law, but only the final four numbers of a social security number may be released to county government election officials verifying voter registration information;

(d) it is disclosed to the department of labor and industry for the purpose of unemployment insurance program integrity, pursuant to 39-51-706 ; or

(e) it is disclosed to the department of revenue for use in administering and enforcing Montana's income tax laws. The department of revenue shall treat social security numbers received pursuant to this subsection (2)(e) as confidential pursuant to 15-30-2618 .
Mont. Code Ann. § 61-12-901 — MT Code / Title 61 / Chapter 12 / Part 9 / Section 61-12-901
61-12-901 Manufactured home dealers -- licensure -- bond requirements -- rulemaking -- definition
Status: in_force

61-12-901 . Manufactured home dealers -- licensure -- bond requirements -- rulemaking -- definition. (1) (a) Except as provided in subsection (1)(b), a person may not engage in the business of buying, selling, exchanging, accepting on consignment, or acting as a broker of a manufactured home that is not titled in the person's name unless the person is the holder of a manufactured home dealer's license issued by the department.

(b) This section does not apply to a person buying, selling, exchanging, accepting on consignment, or acting as a broker of a used manufactured home that is not titled in the person's name.

(2) (a) The department shall issue a manufactured home dealer's license to any person it determines is qualified to hold the license under the provisions of this section. The department may adopt rules establishing requirements for licensure.

(b) A manufactured home dealer's license authorizes the licensee to:

(i) sell any new manufactured home that is covered under a franchise agreement between the licensee and the manufacturer, importer, or distributor of the manufactured home;

(ii) sell any used manufactured home;

(iii) negotiate the purchase, sale, or exchange of a manufactured home from another licensed dealer or another person on behalf of a client when the licensee does not store, display, or take ownership of the manufactured home purchased, sold, or exchanged.

(3) 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 section or any other laws relating to the sale of a manufactured home.

(4) (a) An applicant for a manufactured home dealer's 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. The department shall by rule establish the requirements for the application.

(b) After examining a license application and conducting any investigation necessary to verify the information contained in the application, if the department is satisfied that the applicant qualifies for the issuance of a license under the provisions of this section and rules adopted pursuant to this section, the department shall 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 manufactured home dealers;

(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.

(5) The application provided to the department must contain but is not limited to the following information:

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

(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) the geographic location of the physical lot or lots upon which manufactured homes will be displayed for sale and of a permanent nonresidential building that will be maintained as an office to store the actual physical or electronic records resulting from the purchase, sale, trade, or consignment of manufactured homes for which licensure is sought. The office may be a manufactured home or a site-built structure. The lot must be large enough to contain the office and have space to display a minimum of two double-wide units. An applicant may use more than one location to display manufactured homes 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 sales records are stored does not exceed 1,000 feet.

(d) 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.

(e) a diagram or plat showing the geographic location, lot dimensions, 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. A dealer shall display at the dealer's established place of business at least one sign stating the name of the business and indicating that manufactured homes are offered for sale, trade, or consignment. The letters of the sign must be at least 6 inches in height and clearly visible and readable to the major avenue of traffic at a minimum distance of 150 feet.

(6) If an applicant intends 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.

(7) Each application under this section must be accompanied by a $50 fee.

(8) (a) An applicant for a manufactured home dealer's license shall also file a bond of $50,000 with each application.

(b) All bonds must be conditioned upon the applicant conducting the business in accordance with the requirements of the law. All bonds must be approved by the department, filed with the department, and renewed annually.

(9) (a) As used in this section, "manufactured home" means a residential dwelling built in a factory in accordance with the United States department of housing and urban development code and the federal Manufactured Home Construction and Safety Standards.

(b) The term does not include a mobile home or housetrailer as defined in 15-24-201 .
Mont. Code Ann. § 61-9-311 — MT Code / Title 61 / Chapter 9 / Part 3 / Section 61-9-311
61-9-311 Warning devices
Status: in_force

61-9-311 . Warning devices. (1) A bus, truck, or truck tractor using compressed air for the operation of its own brakes or the brakes on a towed vehicle must have a warning signal, other than a pressure gauge, readily audible or visible to the driver that will operate at any time the air reservoir pressure of the vehicle is below 60 pounds per square inch. In addition, each vehicle must be equipped with a pressure gauge visible to the driver that indicates in pounds per square inch the pressure available for braking.

(2) A truck tractor, truck used for towing a vehicle equipped with vacuum operated brakes, or a truck with three or more axles using vacuum in the operation of its brakes, except those in driveaway or towaway operations, must be equipped with a warning signal, other than a gauge indicating vacuum, readily audible or visible to the driver that will operate at any time the vacuum in the vehicle's supply reservoir or reserve capacity is less than 8 inches of mercury.

(3) When a vehicle required to be equipped with a warning device is equipped with both air and vacuum power for the operation of its own brakes or the brakes on a towed vehicle, the warning devices may be combined into a single device that will serve both purposes. A gauge or gauges indicating pressure or vacuum is not an adequate means of satisfying this requirement.
Mont. Code Ann. § 61-4-305 — MT Code / Title 61 / Chapter 4 / Part 3 / Section 61-4-305
61-4-305 Driveaway or towaway fees in lieu of other fees payable -- election to pay other fees
Status: in_force

61-4-305 . Driveaway or towaway fees in lieu of other fees payable -- election to pay other fees. The fees provided for driveaway or towaway transporters are in consideration of the right to use the highways of the state and except as provided in 61-4-304 are in lieu of all other fees including those which might be payable under the provisions of part 2 of chapter 10. However, any operator may elect to pay the fees payable under the provisions of that part.
Mont. Code Ann. § 61-8-1017 — MT Code / Title 61 / Chapter 8 / Part 10 / Section 61-8-1017
61-8-1017 Right of appeal to court
Status: in_force

61-8-1017 . Right of appeal to court. (1) Within 30 days after notice of the right to a hearing has been given by a peace officer, a person may file a petition to challenge the license suspension or revocation in the district court in the county where the arrest was made.

(2) The court has jurisdiction and shall set the matter for hearing. The court shall give at least 10 days' written notice of the hearing to the county attorney of the county where the arrest was made and to the city attorney if the incident leading to the suspension or revocation resulted in a charge filed in a city or municipal court. The county attorney or city attorney may represent the state. If the county attorney and the city attorney cannot agree on who will represent the state, the county attorney shall represent the state.

(3) Upon request of the petitioner, the court may issue a stay of the suspension or revocation action pending the hearing.

(4) The court shall take testimony, examine the facts of the case, and determine whether the petitioner is entitled to a license or whether the petitioner's license is subject to suspension or revocation based on no other issues than:

(a) whether a peace officer had a basis for requesting a test or tests as set forth in 61-8-1016 , and

(b) whether the person refused to submit to one or more tests designated by the peace officer.

(5) This section does not grant a right of appeal to a state court if a driver's license is suspended or revoked pursuant to a tribal law or regulation that requires alcohol or drug testing of motor vehicle operators.
Mont. Code Ann. § 61-8-908 — MT Code / Title 61 / Chapter 8 / Part 9 / Section 61-8-908
61-8-908 State law enforcement rotation system -- letter of appointment -- local government rotation system
Status: in_force

61-8-908 . State law enforcement rotation system -- letter of appointment -- local government rotation system. (1) The department shall establish and maintain an equitable rotation system among qualified tow truck operators that apply to the department in writing to be placed on the system and receive a letter of appointment under 61-8-920 . The rotation system:

(a) must be administered by the highway patrol in a manner that will give priority to public safety;

(b) must be based on the classification of equipment as provided in 61-8-905 ; and

(c) may include only qualified tow truck operators.

(2) Each qualified tow truck operator participating in the rotation system shall have available and show upon the request of a law enforcement officer:

(a) all Montana motor vehicle identification numbers or department of transportation numbers for the operator's tow trucks operating in the rotation system;

(b) the operator's federal tax identification number;

(c) the operator's company phone number and street address; and

(d) the operator's letter of appointment as issued under 61-8-920 .

(3) The operator shall display on both sides of each tow truck the operator's business name and location and the numbers required by subsection (2)(a). The information required by this subsection must be plainly seen and able to be read at all times.

(4) Any charges for towing service must be calculated from the operator's business location, as it is assigned on the operator's letter of appointment.

(5) The rotation system is not applicable when the owner or driver of a wrecked or disabled vehicle obstructing a public roadway requests a tow truck operator of the owner's or driver's choice and the operator meets the insurance requirements provided in 61-8-906 and the safety inspection requirements provided in 61-8-907 .

(6) (a) (i) The law enforcement officer at the scene of the wreck shall call the qualified tow truck operator that is next on the rotation list if:

(A) a request for a tow truck is not made by the owner or driver;

(B) the requested tow truck cannot respond in a timely manner; or

(C) the law enforcement officer determines that the requested tow truck is unable to handle the wrecked or disabled vehicle.

(ii) If the qualified tow truck operator is not classified to handle the wrecked or disabled vehicle, the officer shall call the qualified tow truck operator next on the rotation list that is classified to handle the wrecked or disabled vehicle.

(b) If a qualified tow truck operator classified to handle the wrecked or disabled vehicle is not reasonably available, the law enforcement officer may request other equipment to remove the hazard.

(7) The department shall administer the state law enforcement rotation system. A qualified tow truck operator may examine the rotation system schedule established by the department in order to determine if the system is being administered in an equitable manner.

(8) A qualified tow truck operator gives implied consent to a reasonable inspection during normal business hours of its premises, vehicles, and equipment by the department of transportation, highway patrol, or a local government to ensure compliance with this part.

(9) A local law enforcement agency may adopt and administer a local law enforcement rotation system that complies with the provisions of this part. A tow truck operator desiring to be placed on the local law enforcement rotation system must be a qualified tow truck operator as provided in this part.

(10) The highway patrol or local law enforcement shall provide upon request a record of rotation system calls for all classes of tow trucks.

(11) Complaints about the rotation system must be referred in writing to the complaint resolution committee established in 61-8-912 .
Mont. Code Ann. § 61-3-731 — MT Code / Title 61 / Chapter 3 / Part 7 / Section 61-3-731
61-3-731 Agreements to be written, filed, and available for distribution
Status: in_force

61-3-731 . Agreements to be written, filed, and available for distribution. All agreements, arrangements, or declarations, or amendments thereto, shall be in writing and shall be filed with the department, and the department shall provide copies for public distribution upon request.
Mont. Code Ann. § 61-4-125 — MT Code / Title 61 / Chapter 4 / Part 1 / Section 61-4-125
61-4-125 Wholesaler restrictions -- demonstrator plates -- annual report
Status: in_force

61-4-125 . Wholesaler restrictions -- demonstrator plates -- annual report. (1) The retail sale of used vehicles by a wholesaler is prohibited.

(2) Wholesalers may not be issued or use dealer plates, as provided in 61-4-102 . However, a wholesaler may be issued demonstrator plates, as provided in 61-4-129 , for use on any type of motor vehicle or trailer that a wholesaler is authorized to sell. To the extent not inconsistent with this section, use of wholesaler demonstrator plates is otherwise governed by 61-4-129 .

(3) (a) On or before the 15th day of the month prior to the dealer license expiration month, a wholesaler shall submit an annual report, in a form or manner prescribed by the department, to the department to advise the department of any changes that may have occurred in that calendar year affecting the information originally filed under 61-4-101 . The report must contain information concerning owner identity, other ownership interests, felony conduct, general liability insurance status, surety bond filings, and any other relevant information requested by the department. A $30 filing fee must be submitted with the report.

(b) If a wholesaler seeks to change the applicant's name, ownership interest in the business, corporate officer or managing member of the business entity, or a person designated by the applicant to manage or oversee the applicant's business, the wholesaler shall also provide a new license application as originally required under 61-4-101 and the department shall examine the license application as required under 61-4-101 .

(c) Additionally, the wholesaler shall certify in an annual report, under penalty of law, that the wholesaler sold 12 or more motor vehicles, power sports vehicles, or trailers to a dealer, an auto auction, or another wholesaler during the calendar year for which the annual report is filed. A wholesaler who was licensed for less than a full calendar year shall certify, under penalty of law, to the sale of an average of at least one motor vehicle, power sports vehicle, or trailer a calendar month or portion of a calendar month during which the license was in effect.

(d) A wholesaler who cannot, under penalty of law, certify the number of motor vehicle sales required under subsection (3)(c) must be subject to revocation.
Mont. Code Ann. § 61-3-477 — MT Code / Title 61 / Chapter 3 / Part 4 / Section 61-3-477
61-3-477 Generic specialty license plate liaison -- responsibilities
Status: in_force

61-3-477 . Generic specialty license plate liaison -- responsibilities. (1) Upon the department's approval of an organization's or a governmental body's proposed sponsorship of a generic specialty license plate, the generic specialty license plate liaison designated under 61-3-475 (1)(c) and 61-3-476 (1)(c) shall submit to the department the sponsor's name, identifying phrase, and graphic that will appear on the generic specialty license plate.

(2) The generic specialty license plate liaison shall:

(a) verify and approve in writing the prototype or mockup of the sponsor's generic specialty license plate before it may be manufactured or issued by the department; and

(b) confirm, in writing, the donation fee established by the sponsor for initial purchase of the sponsor's generic specialty license plate and for renewal of the sponsor's generic specialty license plate if the fee is required on renewal.

(3) Once a sponsor's generic specialty license plate has been approved for manufacture and distribution, the donation fee established by the sponsor and confirmed by the liaison may not be changed unless a new plate design is authorized in accordance with 61-3-475 .
Mont. Code Ann. § 61-10-154 — MT Code / Title 61 / Chapter 10 / Part 1 / Section 61-10-154
61-10-154 Department of transportation to adopt motor carrier safety standards -- enforcement -- designation of peace officers -- duties -- violations
Status: in_force

61-10-154 . Department of transportation to adopt motor carrier safety standards -- enforcement -- designation of peace officers -- duties -- violations. (1) As used in this section, the terms "for-hire motor carrier", "private motor carrier", "gross vehicle weight rating", and "gross combination weight rating" have the same meaning as provided in 49 CFR 390.5.

(2) The department of transportation shall adopt, by rule, standards for safety of operations of:

(a) any for-hire motor carrier or any private motor carrier;

(b) any motor vehicle or vehicle combination used in interstate commerce that has a gross vehicle weight rating, gross combination weight rating, gross vehicle weight, or gross combination weight, whichever is greater, of 10,001 pounds or more;

(c) any motor vehicle or vehicle combination used in intrastate commerce that has a gross vehicle weight rating, gross combination weight rating, gross vehicle weight, or gross combination weight, whichever is greater, of 26,001 pounds or more and that is not a farm vehicle operating solely in Montana;

(d) any motor vehicle that is designed or used to transport at least 16 passengers, including the driver, and that is not used to transport passengers for compensation;

(e) any motor vehicle that is designed or used to transport at least nine passengers, including the driver, for compensation; or

(f) any motor vehicle that is used to transport hazardous materials of a type or quantity that requires the vehicle to be marked or placarded in accordance with federal hazardous materials regulations in 49 CFR, part 172.

(3) Standards of safety adopted under this section must substantially comply, within allowed tolerance guidelines, to the federal motor carrier safety regulations and the federal hazardous material regulations as applied to motor carriers and vehicles transporting passengers or property in commerce.

(4) The department of transportation shall work with the highway patrol in the enforcement of safety standards adopted pursuant to this section. The highway patrol and the department of transportation shall cooperate to ensure minimum duplication and maximum coordination of enforcement efforts.

(5) In order to enforce compliance with safety standards adopted pursuant to this section, the department of transportation shall designate employees as peace officers. The designated employees must be employed in the administration of the motor carrier services functions of the department of transportation. Each employee designated as a peace officer may:

(a) issue citations and make arrests in connection with violations of safety standards adopted under this section;

(b) issue summonses;

(c) accept bail;

(d) serve warrants for arrest;

(e) make reasonable inspections of cargo carried by commercial motor vehicles;

(f) enforce the provisions of Title 49 of the United States Code and regulations that have been adopted under Title 49 and make reasonable safety inspections of commercial motor vehicles used by motor carriers; and

(g) require production of documents relating to the cargo, driver, routing, or ownership of commercial motor vehicles.

(6) In addition to other enforcement duties assigned under 61-10-141 and this section, an employee of the department of transportation who is appointed as a peace officer pursuant to 61-12-201 or this section:

(a) has the same authority to enforce provisions of the motor carriers law as that granted to the public service commission under 69-12-203 ;

(b) has the duty to secure or make copies, or both, of all bills of lading or other evidence of delivery for shipment of agricultural seeds, as defined in 80-5-120 , that have been sold or are intended for sale in Montana and to forward the copies to the department of agriculture within 24 hours of the date that the bill of lading was obtained;

(c) has the authority, if probable cause exists, to stop and inspect a supply tank connected to the engine of any diesel-powered motor vehicle operating on the public highways of this state in order to determine compliance with Title 15, chapter 70, part 4;

(d) has for vehicle configurations subject to 61-10-141 and this section, the authority to issue a citation:

(i) pursuant to 61-9-520 (1)(a) for violation of 61-9-406 (6) when the vehicle configuration causes a lane blockage; and

(ii) pursuant to 61-9-520 (1)(b) for violation of 61-9-406 (6) when the vehicle configuration causes an incident that results in the closure of all lanes in one or both directions of a highway; and

(e) may, on any highway under the jurisdiction of the department of transportation within the exterior boundaries of a reservation whose tribal government has entered into an agreement with the department of transportation pursuant to Title 18, chapter 11, part 1, exercise the authority under this part to issue a citation pursuant to 61-9-520 for violation of 61-9-406 (6).

(7) A violation of the standards adopted pursuant to this section is punishable as provided in 61-9-512 , and the court, upon conviction, as defined in 61-5-213 , shall forward a record of conviction to the department of transportation within 5 days in accordance with 61-11-101 .
Mont. Code Ann. § 61-11-101 — MT Code / Title 61 / Chapter 11 / Part 1 / Section 61-11-101
61-11-101 Report of convictions and suspension or revocation of driver's licenses -- surrender of licenses
Status: in_force

61-11-101 . Report of convictions and suspension or revocation of driver's licenses -- surrender of licenses. (1) If a person is convicted of an offense for which chapter 5 or chapter 8, part 8, makes mandatory the revocation of the driver's license or commercial driver's license of the person by the department, the court in which the conviction occurs shall require the surrender to it of all driver's licenses then held by the convicted person. The court shall forward the conviction to the department and destroy the driver's licenses.

(2) A court having jurisdiction over offenses committed under a statute of this state or a municipal ordinance regulating the operation of motor vehicles on highways, except for standing or parking statutes or ordinances, shall forward a record of the conviction, as defined in 61-5-213 , to the department within 5 days after the conviction. The court may recommend that the department issue a restricted probationary license on the condition that the individual comply with the requirement that the person attend and complete a chemical dependency education course, treatment, or both, as ordered by the court under 61-8-1009 .

(3) A court or other agency of this state or of a subdivision of the state that has jurisdiction to take any action suspending, revoking, or otherwise limiting a license to drive shall report an action and the adjudication upon which it is based to the department within 5 days on forms furnished by the department.

(4) (a) On a conviction referred to in subsection (1) of a person who holds a commercial driver's license or who is required to hold a commercial driver's license, a court may not take any action, including deferring imposition of judgment, that would prevent a conviction for any violation of a state or local traffic control law or ordinance, except a parking law or ordinance, in any type of motor vehicle, from appearing on the person's driving record. The provisions of this subsection (4)(a) apply only to the conviction of a person who holds a commercial driver's license or who is required to hold a commercial driver's license and do not apply to the conviction of a person who holds any other type of driver's license.

(b) For purposes of this subsection (4), "who is required to hold a commercial driver's license" refers to a person who did not have a commercial driver's license but who was operating a commercial motor vehicle at the time of a violation of a state or local traffic control law or ordinance resulting in a conviction referred to in subsection (1).

(5) (a) If a person who holds a valid registry identification card or license issued pursuant to 16-12-203 or 16-12-508 is convicted of or pleads guilty to any offense related to driving under the influence of alcohol or drugs when the initial offense with which the person was charged was a violation of 61-8-1002 , the court in which the conviction occurs shall require the person to surrender the registry identification card or license.

(b) Within 5 days after the conviction, the court shall forward the registry identification card and a copy of the conviction to the department of revenue.

(6) A person convicted of violating this section is subject to the penalties provided in 61-5-307 .
Mont. Code Ann. § 61-9-306 — MT Code / Title 61 / Chapter 9 / Part 3 / Section 61-9-306
61-9-306 Tractor brakes protected
Status: in_force

61-9-306 . Tractor brakes protected. Every motor vehicle manufactured or assembled after January 1, 1966, and used to tow a trailer, semitrailer, or pole trailer equipped with brakes shall be equipped with means for providing that in case of breakaway of the towed vehicle, the towing vehicle will be capable of being stopped by the use of its service brakes.
Mont. Code Ann. § 61-8-1025 — MT Code / Title 61 / Chapter 8 / Part 10 / Section 61-8-1025
61-8-1025 Department rules regarding ignition interlock devices -- ignition interlock device provider requirements
Status: in_force

61-8-1025 . Department rules regarding ignition interlock devices -- ignition interlock device provider requirements. (1) The department shall adopt rules providing for the approval of ignition interlock devices and the installation, calibration, repair, and removal of approved devices.

(2) The department's rules must be based on federal standards issued for similar devices.

(3) An ignition interlock device that is approved by the department must also:

(a) be designed so it does not impede safe operation of the vehicle;

(b) correlate well with the level established for alcohol impairment;

(c) work accurately and reliably in an unsupervised environment and under extreme weather conditions;

(d) require a deep lung breath sample or use an equally accurate measure of blood alcohol concentration equivalence;

(e) resist tampering and show evidence of tampering if it is attempted;

(f) be difficult to circumvent;

(g) minimize inconvenience of a sober user;

(h) operate reliably over the range of automobile environments and in connection with various manufacturing standards; and

(i) be manufactured by a person who is adequately insured for product liability.

(4) An ignition interlock device provider shall include in any lease agreement for an ignition interlock device a warning that a person who knowingly tampers with, circumvents, or otherwise misuses the device is subject to criminal prosecution.