reglab/housing_qa huggingface dataset:
MT Code § 61-8-904 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 8. Traffic Regulation|Part 9. Professional Tow Trucks|61-8-904. Prohibition -- exception

  61-8-904. Prohibition -- exception. (1) A commercial tow truck operator may not operate for compensation upon the public roadways of this state unless the operator complies with the provisions of 61-8-906(1) and 61-8-907.   (2) A commercial tow truck operator may not participate in the law enforcement rotation system provided for in 61-8-908 unless the operator complies with the provisions of this part.   (3) Except as provided in 61-9-416, the provisions of 61-8-901 through 61-8-908, 61-8-910, and 61-8-920 do not apply to a commercial tow truck operator that does not operate for compensation.   History: En. Sec. 4, Ch. 283, L. 1995; amd. Sec. 2, Ch. 88, L. 2003; amd. Sec. 1, Ch. 80, L. 2011; amd. Sec. 3, Ch. 143, L. 2011.
MT Code § 61-8-905 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 8. Traffic Regulation|Part 9. Professional Tow Trucks|61-8-905. Classification standards

  61-8-905. Classification standards. (1) Commercial tow trucks are divided into the following five classes based on the manufacturer's rating:   (a) Class A tow truck equipment must have a minimum manufacturer's boom or combined boom rating of 4 tons and must be mounted on a truck chassis with a minimum manufacturer's rating of 10,000 pounds gross vehicle weight.   (b) Class B tow truck equipment must have a minimum manufacturer's boom or combined boom rating of 8 tons and must be mounted on a truck chassis with a minimum manufacturer's rating of 18,000 pounds gross vehicle weight.   (c) Class C tow truck equipment must have a minimum manufacturer's boom or combined boom rating of 16 tons and must be mounted on a chassis that has a minimum manufacturer's rating of 32,000 pounds gross vehicle weight.   (d) Class D tow truck equipment includes manufactured rollbacks and car carriers with manufacturer's gross vehicle ratings of 10,000 pounds and over. The rollbacks and car carriers must be mounted on a truck-trailer chassis that, at a minimum, is equal to the minimum gross weight of the rollback or car carrier. Class D also includes any piece of towing equipment without a boom.   (e) Class E includes two or more tow trucks working together with a combined manufacturer's rating of a minimum of 80,000 pounds with access to supportive equipment, such as forklifts, banders, and air bags, for the recovery of rollovers and wrecked, disabled, and abandoned vehicles whose cargo requires special handling. Class E refers to tow truck companies and not to tow truck equipment.   (2)  An operator of noncommercially manufactured or modified tow truck equipment in use on October 1, 1995, that wishes to participate in the law enforcement rotation system must have its equipment classified by the department within a time period set by the department. Once the equipment is classified, further modifications may not be made.   (3) An operator of new noncommercially manufactured or modified tow truck equipment must have its equipment independently certified before participating in the law enforcement rotation system. Once the equipment is classified, further modifications to the equipment must be recertified.   History: En. Sec. 5, Ch. 283, L. 1995; amd. Sec. 3, Ch. 88, L. 2003.
MT Code § 61-8-906 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 8. Traffic Regulation|Part 9. Professional Tow Trucks|61-8-906. Liability insurance -- storage requirements

  61-8-906. Liability insurance -- storage requirements. (1) Notwithstanding the provisions of 61-6-301, a commercial tow truck operator shall continuously provide:   (a) insurance against loss resulting from liability imposed by law for bodily injury or death or damage to property caused by the maintenance or use of a commercial tow truck, as defined in 61-9-416, or occurring on the business premises of a commercial tow truck operator in an amount not less than:   (i) $300,000 for class A tow trucks;   (ii) $500,000 for class B tow trucks; and   (iii) $750,000 for class C tow trucks;   (b) insurance in an amount not less than $20,000 to cover the damage to cargo or other property entrusted to the care of the commercial tow truck operator; and   (c) garage keepers legal liability insurance or on-hook liability insurance in an amount not less than $50,000.   (2) A commercial tow truck operator shall provide proof of the insurance required in subsection (1) to the department.   (3) A qualified tow truck operator shall provide a storage facility, either a fenced lot or a building, that is:   (a) adequate for the secure storage and safekeeping of stored vehicles;   (b) located in a place that is reasonably convenient for public access;   (c) available to public access between 8 a.m. and 5 p.m., Monday through Friday, excluding legal holidays;   (d) large enough to store all the vehicles towed for law enforcement agencies; and   (e) if a fenced lot, constructed of chain link at least 6 feet high or constructed of materials and in a manner sufficient to deter trespassing or vandalism.   History: En. Sec. 6, Ch. 283, L. 1995; amd. Sec. 5, Ch. 88, L. 2003; amd. Sec. 116, Ch. 114, L. 2003; amd. Sec. 72, Ch. 130, L. 2005; amd. Sec. 1, Ch. 224, L. 2009.
MT Code § 61-8-907 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 8. Traffic Regulation|Part 9. Professional Tow Trucks|61-8-907. Inspection -- fees -- decal

  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.   History: En. Sec. 7, Ch. 283, L. 1995; amd. Sec. 6, Ch. 88, L. 2003; amd. Sec. 19, Ch. 267, L. 2017.
MT Code § 61-8-909 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 8. Traffic Regulation|Part 9. Professional Tow Trucks|61-8-909. Good faith immunity

  61-8-909. Good faith immunity. A person who renders assistance in an emergency that is life-threatening to the occupant of a wrecked, disabled, or abandoned vehicle or that is creating an immediate hazard on a public roadway or who renders emergency assistance as directed by a law enforcement officer or other emergency responder at the scene of a motor vehicle accident is immune from damages arising from acts or omissions related to the rendering of assistance unless the damages are occasioned by the gross negligence or by the willful or wanton acts or omissions of the person rendering the assistance.   History: En. Sec. 9, Ch. 283, L. 1995.
MT Code § 61-8-910 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 8. Traffic Regulation|Part 9. Professional Tow Trucks|61-8-910. Violation -- penalty

  61-8-910. Violation -- penalty. A commercial tow truck operator that violates a provision of this part is guilty of a misdemeanor and is subject to the penalty provided in 61-8-711.   History: En. Sec. 10, Ch. 283, L. 1995; amd. Sec. 8, Ch. 88, L. 2003.
MT Code § 61-8-911 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 8. Traffic Regulation|Part 9. Professional Tow Trucks|61-8-911. Rulemaking authority

  61-8-911. Rulemaking authority. The department shall adopt reasonable and necessary rules to administer the provisions of this part.   History: En. Sec. 11, Ch. 283, L. 1995.
MT Code § 61-8-912 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 8. Traffic Regulation|Part 9. Professional Tow Trucks|61-8-912. Tow truck complaint resolution committee -- membership -- responsibilities

  61-8-912. Tow truck complaint resolution committee -- membership -- responsibilities. (1) The department shall establish a tow truck complaint resolution committee, and the attorney general shall appoint the members. Committee members serve 3-year terms, may serve more than one term, and must include:   (a) two representatives of the tow truck industry, one from the eastern half of the state and one from the western half of the state;   (b) a representative of the commercial motor carrier industry;   (c) a member of the public;   (d) a representative of the insurance industry; and   (e) a representative of the highway patrol.   (2) The committee shall meet as often as necessary, either in person or by teleconference, to review and resolve complaints about tow truck issues, including towing charges, that are submitted in writing to a committee member and to review information submitted to it as provided in this part.   (3) The department shall establish rules to govern the committee's procedure for reviewing and resolving complaints.   History: En. Sec. 4, Ch. 88, L. 2003.
MT Code § 61-8-913 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 8. Traffic Regulation|Part 9. Professional Tow Trucks|61-8-913. Notice to owner -- payment of removal and storage costs -- request for reissuance of certificate of title

  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.   History: En. Sec. 5, Ch. 176, L. 2003; amd. Sec. 73, Ch. 130, L. 2005; amd. Sec. 1, Ch. 185, L. 2013.
MT Code § 61-8-914 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 8. Traffic Regulation|Part 9. Professional Tow Trucks|61-8-914. through 61-8-919 reserved

  61-8-914 through 61-8-919 reserved.
MT Code § 61-8-1003 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 8. Traffic Regulation|Part 10. Driving Under Influence of Alcohol or Drugs|61-8-1003. through 61-8-1006 reserved

  61-8-1003 through 61-8-1006 reserved.
MT Code § 61-8-1012 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 8. Traffic Regulation|Part 10. Driving Under Influence of Alcohol or Drugs|61-8-1012. through 61-8-1015 reserved

  61-8-1012 through 61-8-1015 reserved.
MT Code § 61-8-1017 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 8. Traffic Regulation|Part 10. Driving Under Influence of Alcohol or Drugs|61-8-1017. Right of appeal to court

  61-8-1017. (Effective January 1, 2022) 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 order the department to return the seized license or 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 initially seized, suspended, or revoked pursuant to a tribal law or regulation that requires alcohol or drug testing of motor vehicle operators.   History: En. Sec. 9, Ch. 498, L. 2021.
MT Code § 61-8-1018 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 8. Traffic Regulation|Part 10. Driving Under Influence of Alcohol or Drugs|61-8-1018. Evidence admissible -- conditions of admissibility

  61-8-1018. (Effective January 1, 2022) 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 or breath, 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 or breath is admissible in evidence if:   (i) a breath 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.   History: En. Sec. 10, Ch. 498, L. 2021.
MT Code § 61-8-1019 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 8. Traffic Regulation|Part 10. Driving Under Influence of Alcohol or Drugs|61-8-1019. Administration of tests

  61-8-1019. (Effective January 1, 2022) Administration of tests. (1) Only a licensed physician, registered nurse, or other qualified person acting under the supervision and direction of a physician or registered nurse may, at the request of a peace officer, withdraw blood for the purpose of determining any measured amount or detected presence of alcohol, drugs, or any combination of alcohol and drugs in the person. This limitation does not apply to the sampling of breath.  (2) In addition to any test administered at the direction of a peace officer, a person may request that an independent blood sample be drawn by a physician or registered nurse for the purpose of determining any measured amount or detected presence of alcohol, drugs, or any combination of alcohol and drugs in the person. The peace officer may not unreasonably impede the person's right to obtain an independent blood test. The peace officer may but has no duty to transport the person to a medical facility or otherwise assist the person in obtaining the test. The cost of an independent blood test is the sole responsibility of the person requesting the test. The failure or inability to obtain an independent test by a person does not preclude the admissibility in evidence of any test given at the direction of a peace officer.   (3) Upon the request of the person tested, full information concerning any test given at the direction of the peace officer must be made available to the person or the person's attorney.   (4) A physician, registered nurse, or other qualified person acting under the supervision and direction of a physician or registered nurse does not incur any civil or criminal liability as a result of the proper administering of a blood test when requested in writing by a peace officer to administer a test.   (5) The department in cooperation with any appropriate agency shall adopt uniform rules for the giving of tests and may require certification of training to administer the tests as considered necessary.   (6) If a peace officer has probable cause to believe that a person has violated 61-8-1002, meets the definition of aggravated driving under the influence as defined in 61-8-1001, or has violated 61-8-805 and a sample of blood, breath, urine, or other bodily substance is taken from that person for any reason, a portion of that sample sufficient for analysis must be provided to a peace officer if requested for law enforcement purposes and upon issuance of a subpoena as provided in 46-4-301.   History: En. Sec. 11, Ch. 498, L. 2021.
MT Code § 61-8-1020 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 8. Traffic Regulation|Part 10. Driving Under Influence of Alcohol or Drugs|61-8-1020. through 61-8-1023 reserved

  61-8-1020 through 61-8-1023 reserved.
MT Code § 61-8-1024 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 8. Traffic Regulation|Part 10. Driving Under Influence of Alcohol or Drugs|61-8-1024. Ignition interlock device -- assisting in starting and operating -- circumventing -- penalty

  61-8-1024. (Effective January 1, 2022) 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.   History: En. Sec. 12, Ch. 498, L. 2021.
MT Code § 61-8-1025 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 8. Traffic Regulation|Part 10. Driving Under Influence of Alcohol or Drugs|61-8-1025. Department rules regarding ignition interlock devices -- ignition interlock device provider requirements

  61-8-1025. (Effective January 1, 2022) 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.   History: En. Sec. 13, Ch. 498, L. 2021.