reglab/statecodes huggingface dataset:
2023 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. 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by the department or in a laboratory exempt from certification under the rules of the department and the blood was withdrawn from the person by a person competent to do so under 61-8-1019(1); and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.
History: En. Sec. 10, Ch. 498, L. 2021; amd. Sec. 4, Ch. 151, L. 2023.
2023 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. 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 or oral fluid.
(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, oral fluid, 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; amd. Sec. 5, Ch. 151, L. 2023.
2023 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. 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.
2023 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. 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.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 10. Driving Under Influence of Alcohol or Drugs › 61-8-1026. Unlawful possession of open alcoholic beverage container in motor vehicle on highway

61-8-1026. Unlawful possession of open alcoholic beverage container in motor vehicle on highway.
(1) Except as provided in subsection (2), a person commits the offense of unlawful possession of an open alcoholic beverage container in or on a motor vehicle if the person knowingly possesses an open alcoholic beverage container within the passenger area of a motor vehicle on a highway.
(2) This section does not apply to an open alcoholic beverage container:
(a) in a locked glove compartment or storage compartment;
(b) in a motor vehicle trunk or luggage compartment or rack, or in a truck bed or cargo compartment;
(c) behind the last upright seat of a motor vehicle that is not equipped with a trunk;
(d) in a closed container in the area of a motor vehicle that is not equipped with a trunk and that is not normally occupied by the driver or a passenger; or
(e) in the immediate possession of a passenger:
(i) of a bus, taxi, or limousine that is used for the transportation of persons for compensation and that includes the provision of a hired driver; or
(ii) in the living quarters of a camper, travel trailer, or motor home.
(3) (a) A person convicted of the offense of unlawful possession of an open alcoholic beverage container in a motor vehicle shall be fined an amount not to exceed $100.
(b) A violation of this section is not a criminal offense within the meaning of 3-1-317, 3-1-318, 45-2-101, 46-18-236, 61-8-104, and 61-8-711 and may not be recorded or charged against a driver's record, and an insurance company may not hold a violation of this section against the insured or increase premiums because of the violation. The surcharges provided for in 3-1-317, 3-1-318, and 46-18-236 may not be imposed for a violation of this section.
History: En. Sec. 14, Ch. 498, L. 2021.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 10. Driving Under Influence of Alcohol or Drugs › 61-8-1027. Unlawful possession of marijuana, marijuana products, or marijuana paraphernalia in motor vehicle on highway

61-8-1027. Unlawful possession of marijuana, marijuana products, or marijuana paraphernalia in motor vehicle on highway.
(1) Except as provided in subsection (2), a person commits the offense of unlawful possession of marijuana, marijuana products, or marijuana paraphernalia in a motor vehicle if the person knowingly possesses marijuana, marijuana products, or marijuana paraphernalia, as those terms are defined in 16-12-102, within the passenger area of a motor vehicle on a highway.
(2) This section does not apply to marijuana, marijuana products, or marijuana paraphernalia:
(a) purchased from a dispensary and that remains in its unopened, original packaging;
(b) in a locked glove compartment or storage compartment;
(c) in a motor vehicle trunk or luggage compartment or in a truck bed or cargo compartment;
(d) behind the last upright seat of a motor vehicle that is not equipped with a trunk; or
(e) in a closed container in the area of a motor vehicle that is not equipped with a trunk and that is not normally occupied by the driver or a passenger.
(3) (a) A person convicted of the offense of unlawful possession of marijuana, marijuana products, or marijuana paraphernalia in a motor vehicle shall be fined an amount not to exceed $100.
(b) A violation of this section is not a criminal offense within the meaning of 3-1-317, 3-1-318, 45-2-101, 46-18-236, 61-8-104, or 61-8-711 and may not be recorded or charged against a driver's record, and an insurance company may not hold a violation of this section against the insured or increase premiums because of the violation. The surcharges provided for in 3-1-317, 3-1-318, and 46-18-236 may not be imposed for a violation of this section.
History: En. Sec. 8, Ch. 576, L. 2021.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 10. Driving Under Influence of Alcohol or Drugs › 61-8-1031. Suspension of imprisonment sentence for DUI court participation

61-8-1031. Suspension of imprisonment sentence for DUI court participation.
(1) If a person participates in a DUI court, the court may, at the court's discretion, suspend all or a portion of an imprisonment sentence under 61-8-1007, except for the mandatory minimum imprisonment term.
(2) If a person participating in a DUI court fails to comply with the conditions imposed by the DUI court, the court shall revoke the suspended imprisonment sentence and any sentence subsequently imposed must commence from the effective date of the revocation.
History: En. Sec. 15, Ch. 498, L. 2021.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 10. Driving Under Influence of Alcohol or Drugs › 61-8-1033. Forfeiture procedure

61-8-1033. Forfeiture procedure.
(1) A motor vehicle forfeited under 61-8-1010 must be seized by the arresting agency within 10 days after the conviction and disposed of as provided in Title 44, chapter 12, part 2. Except as provided in this section, the provisions of Title 44, chapter 12, part 2, apply to the extent applicable.
(2) Forfeiture proceedings under 44-12-207 through 44-12-211 must be instituted by the arresting agency within 20 days after the seizure of the motor vehicle.
(3) (a) For purposes of 44-12-213, the proceeds of the sale of the motor vehicle must be distributed first to the holders of security interests who have presented proper proof of their claims, up to the amount of the interests or the amount received from the sale, whichever is less, and the remainder to the general fund of the arresting agency.
(b) A holder of a security interest may petition the sentencing court for transfer of title to the motor vehicle to the holder of the security interest if the secured interest is equal to or greater than the estimated value of the motor vehicle.
(4) Actions the court may take under 44-12-212(3) to protect the rights of innocent persons include return of the motor vehicle without a sale to an owner who is unable to present an adequate defense under this section but is found by the court to be without fault.
History: En. Sec. 17, Ch. 498, L. 2021.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 1. General Provisions › 61-9-101. Application -- exceptions

61-9-101. Application -- exceptions.
(1) The provisions of this chapter relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except as provided in subsection (4) or where a different place is specifically referred to in a given section.
(2) The operation of motor vehicles directly across the public roads and highways of this state, especially as required in the transportation of natural resource products, including agricultural products and livestock, may not be considered to be the operation of the vehicles on the public roads and highways of this state. The crossings must be adequately marked with warning signs or devices relating to stopping before entry and to restoration of any damage, as may reasonably be prescribed by the state or local agency in control of safety of operation of the public highway involved.
(3) If a provision of this chapter conflicts with federal laws or regulations governing motor vehicle equipment standards, the applicable federal law or regulation supersedes.
(4) (a) Except as provided in subsection (4)(b) and subject to subsection (4)(c), the provisions of this chapter apply to the operation and equipping of a motorcycle or quadricycle only when the motorcycle or quadricycle is being operated on a paved highway. A person operating a motorcycle or quadricycle on an unpaved highway shall operate the motorcycle or quadricycle in a reasonable and prudent manner.
(b) Except as provided in subsection (4)(c), the requirements of 61-9-417 and 61-9-418(2)(c) apply to the operation of a motorcycle or quadricycle at all times specified in those sections.
(c) The provisions of this chapter do not apply to the operation and equipping of a quadricycle that is being operated for agricultural purposes on an unpaved highway or on a paved highway that is not an interstate highway as defined in 60-1-103.
History: (1)En. Sec. 22, Ch. 263, L. 1955; Sec. 32-2124, R.C.M. 1947; (2)En. Sec. 4, Ch. 247, L. 1959; Sec. 32-2124.1, R.C.M. 1947; R.C.M. 1947, 32-2124(part), 32-2124.1; amd. Sec. 3, Ch. 431, L. 1997; amd. Sec. 3, Ch. 434, L. 2017; amd. Sec. 33, Ch. 299, L. 2019.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 1. General Provisions › 61-9-102. Uniformity of interpretation -- definitions

61-9-102. Uniformity of interpretation -- definitions.
(1) This chapter must be interpreted and construed in order to effectuate its general purpose to make uniform the law of those states which enact it.
(2) As used in this chapter, unless the context requires otherwise, the following definitions apply:
(a) "Authorized emergency vehicle" has the meaning provided in 61-8-102.
(b) "Emergency service vehicle" means an emergency service vehicle of a state, county, or municipal department or a public service vehicle, commercial tow truck, or commercial road service truck, which by the nature of its operation causes a vehicular traffic hazard.
(c) "Explosives" means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and that contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture may cause a sudden generation of highly heated gases so that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb.
(d) "Farm tractor" means a motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry.
(e) "Police vehicle" has the meaning as provided in 61-8-102.
(f) "Right-of-way" has the meaning provided in 61-8-102.
History: En. Sec. 155, Ch. 263, L. 1955; R.C.M. 1947, 32-21-158; amd. Sec. 212, Ch. 542, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 1. General Provisions › 61-9-103. Provisions uniform throughout state -- power of local authorities

61-9-103. Provisions uniform throughout state -- power of local authorities.
(1) The provisions of this chapter must be applicable and uniform throughout this state and in all political subdivisions and municipalities in this state, and a local authority may not enact or enforce any ordinance, rule, or regulation in conflict with the provisions of this chapter unless expressly authorized in this chapter. Local authorities may adopt additional traffic regulations that are not in conflict with the provisions of this chapter.
(2) As used in this section "local authorities" has the meaning provided in 61-8-102.
History: En. Sec. 27, Ch. 263, L. 1955; amd. Sec. 1, Ch. 201, L. 1957; R.C.M. 1947, 32-2130; amd. Sec. 213, Ch. 542, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 1. General Provisions › 61-9-104. Required obedience to traffic laws

61-9-104. Required obedience to traffic laws.
It is unlawful and, unless otherwise declared in this chapter with respect to particular offenses, it is a misdemeanor punishable as provided in 61-9-511 for any person to do any act forbidden or fail to perform any act required in this chapter.
History: En. Sec. 23, Ch. 263, L. 1955; R.C.M. 1947, 32-2125; amd. Sec. 2, Ch. 40, L. 1991.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 1. General Provisions › 61-9-105. Obedience to peace officers, highway patrol officers, and public safety workers

61-9-105. Obedience to peace officers, highway patrol officers, and public safety workers.
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. For purposes of 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.
History: En. Sec. 24, Ch. 263, L. 1955; R.C.M. 1947, 32-2126; amd. Sec. 1, Ch. 217, L. 1989; amd. Sec. 4, Ch. 431, L. 1997.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 1. General Provisions › 61-9-106. Responsibility of public officers and employees

61-9-106. Responsibility of public officers and employees.
(1) The provisions of this chapter applicable to the drivers of vehicles upon the highways shall apply to the drivers of all vehicles owned or operated by the United States, this state, or any county, city, or town, district, or any other political subdivision of the state, except as provided in this section and subject to such specific exceptions as are set forth in this chapter with reference to authorized emergency vehicles.
(2) Unless specifically made applicable, the provisions of this chapter except those contained in part 5 of chapter 8 shall not apply to persons, teams, motor vehicles, and other equipment while actually engaged in work upon the surface of a highway but shall apply to such persons and vehicles when traveling to or from such work.
History: En. Sec. 25, Ch. 263, L. 1955; R.C.M. 1947, 32-2127.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 1. General Provisions › 61-9-107. Traffic laws applicable to persons driving animal-drawn vehicles

61-9-107. Traffic laws applicable to persons driving animal-drawn vehicles.
Every person driving an animal-drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter, except those provisions of this chapter which by their very nature can have no application.
History: En. Sec. 26, Ch. 263, L. 1955; R.C.M. 1947, 32-2129.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 1. General Provisions › 61-9-108. Rights of owners of real property not affected -- when

61-9-108. 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.
History: En. Sec. 29, Ch. 263, L. 1955; R.C.M. 1947, 32-2132.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 1. General Provisions › 61-9-109. Driving vehicle in unsafe condition prohibited -- applicability of chapter

61-9-109. Driving vehicle in unsafe condition prohibited -- applicability of chapter.
(1) It is a misdemeanor for a person to drive or permit to be driven on a highway a vehicle or combination of vehicles that:
(a) is in such unsafe condition as to endanger a person;
(b) is not equipped with lamps and other equipment as required in this chapter; or
(c) is equipped in a manner in violation of this chapter.
(2) It is a misdemeanor for a person to perform an act forbidden or fail to perform an act required under this chapter.
(3) The use of additional parts and accessories on a vehicle not inconsistent with the provisions of this chapter is not prohibited.
(4) The provisions of this chapter do not apply to implements of husbandry, road machinery, road rollers, or farm tractors except as made applicable in this chapter.
(5) All lamps and equipment required by this chapter must be maintained in proper working order and adjustment at all times.
(6) (a) Except as provided in subsection (6)(b) and subject to subsection (6)(c), the provisions of this chapter apply to the operation of a motorcycle or quadricycle only when the motorcycle or quadricycle is being operated on a paved highway. A person operating a motorcycle or quadricycle on an unpaved highway shall operate the motorcycle or quadricycle in a reasonable and prudent manner.
(b) Except as provided in subsection (6)(c), the requirements of 61-9-417 and 61-9-418(2)(c) apply to the operation of a motorcycle or quadricycle at all times specified in those sections.
(c) The provisions of this chapter do not apply to the operation and equipping of a quadricycle that is being operated for agricultural purposes on an unpaved highway or on a paved highway that is not an interstate highway as defined in 60-1-103.
History: En. Sec. 111, Ch. 263, L. 1955; R.C.M. 1947, 32-21-114; amd. Sec. 5, Ch. 431, L. 1997; amd. Sec. 4, Ch. 434, L. 2017; amd. Sec. 34, Ch. 299, L. 2019.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 2. Lighting Equipment › 61-9-201. When lighted lamps are required

61-9-201. When lighted lamps are required.
Every vehicle upon a highway within this state at any time from one-half hour after sunset to one-half hour before sunrise and at any other time when due to insufficient light or unfavorable atmospheric conditions persons and vehicles on the highway are not clearly discernible at a distance of 500 feet ahead shall display lighted lamps and illuminating devices as hereinafter respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles.
History: En. Sec. 112, Ch. 263, L. 1955; R.C.M. 1947, 32-21-115.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 2. Lighting Equipment › 61-9-202. Visibility distance and mounted height of lamps

61-9-202. Visibility distance and mounted height of lamps.
(1) Whenever requirement is hereinafter declared as to the distance from which certain lamps and devices shall render objects visible or within which such lamps or devices shall be visible, said provisions shall apply during the times stated in 61-9-201 in respect to a vehicle without load when upon a straight, level, unlighted highway under normal atmospheric conditions unless a different time or condition is expressly stated.
(2) Whenever requirement is hereinafter declared as to the mounted height of lamps or devices it shall mean from the center of such lamp or device to the level ground upon which the vehicle stands when such vehicle is without a load.
History: En. Sec. 113, Ch. 263, L. 1955; R.C.M. 1947, 32-21-116.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 2. Lighting Equipment › 61-9-203. Headlamps on motor vehicles

61-9-203. Headlamps on motor vehicles.
(1) A motor vehicle other than a motorcycle, quadricycle, or motor-driven cycle must be equipped with at least two headlamps, with at least one on each side of the front of the motor vehicle, that comply with the requirements and limitations set forth in this chapter.
(2) A motorcycle, quadricycle, or motor-driven cycle must be equipped with at least one and not more than two headlamps that comply with the requirements and limitations of this chapter. If a motorcycle is registered under 61-3-411 as a collector's item, it need not be equipped with headlamps; however, if it is not equipped with headlamps, it may not be operated upon a highway or street from one-half hour after sunset to one-half hour before sunrise or if persons and vehicles are not clearly discernible at a distance of 500 feet. A motorcycle may be equipped with a means of modulating the high beam of its headlamps between high and low beam at a rate of 200 to 280 flashes a minute; however, an operator may not modulate the headlamps at that rate during periods when headlamps are required to be lighted by 61-9-201.
(3) A headlamp upon a motor vehicle, including a motorcycle, quadricycle, and motor-driven cycle, must be located at a height, measured from the center of the headlamp, of not more than 54 inches or less than 22 inches, to be measured as provided in 61-9-202(2).
(4) When headlamps are required to be lighted by 61-9-201, a person may not operate a motor vehicle on a highway with headlamps that are composed of, covered by, or treated with a tinted or colored material, substance, system, or component that obscures the headlamps or diminishes the distance of visibility required by this section.
(5) This section does not prohibit the operation or sale of a motor vehicle the headlamps of which are composed of, covered by, or treated with a tinted or colored material, substance, system, or component with which the vehicle was sold or could have been equipped for sale when new as standard or optional equipment in compliance with federal statute or regulation governing the sale at the time of manufacture.
History: En. Sec. 114, Ch. 263, L. 1955; amd. Sec. 1, Ch. 103, L. 1957; R.C.M. 1947, 32-21-117; amd. Sec. 2, Ch. 345, L. 1983; amd. Sec. 36, Ch. 516, L. 1985; amd. Sec. 6, Ch. 431, L. 1997.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 2. Lighting Equipment › 61-9-204. Taillamps

61-9-204. Taillamps.
(1) A motor vehicle, trailer, semitrailer, and pole trailer and any other vehicle that is being drawn at the end of a combination of vehicles must be equipped with at least one properly functioning taillamp mounted on the rear that emits a red light plainly visible from a distance of 500 feet to the rear, except that in the case of a combination of vehicles, only the taillamp on the rearmost vehicle need actually be seen from the distance specified. The vehicles mentioned in this subsection, other than a motorcycle, quadricycle, motor-driven cycle, or truck tractor, registered in this state and manufactured or assembled after January 1, 1956, must be equipped with at least two properly functioning taillamps, with at least one mounted on each side of the rear of the vehicle, that emit a red light plainly visible from a distance of 1,000 feet to the rear of the vehicle.
(2) A taillamp upon a vehicle must be located at a height of not more than 72 inches or less than 15 inches.
(3) Either a taillamp or a separate lamp must illuminate with a white light the rear registration plate and render it clearly legible from a distance of 50 feet to the rear. A taillamp or taillamps, together with a separate lamp for illuminating the rear registration plate, must be lighted whenever the headlamps are lighted.
(4) Taillamps are not required on a motorcycle that is registered under 61-3-411 as a collector's item, but the motorcycle may not be operated on a highway or street from one-half hour after sunset to one-half hour before sunrise or when persons and vehicles are not clearly discernible at a distance of 500 feet unless it is equipped with the required taillamps.
(5) A person may not operate a motor vehicle on a highway with taillamps that are covered by a lens or a plastic cover or with a tinted or colored material, substance, system, or component placed on or in front of rear lamps, taillamps, license plate lamps, or rear lamp combinations that obscures the taillamps or diminishes the distance of visibility required by this section.
(6) (a) A custom vehicle or street rod may use a blue dot taillight, as defined in subsection (6)(b), as a stop lamp, a rear signal lamp, or a rear reflector.
(b) "Blue dot taillight" means a red lamp installed in the rear of a motor vehicle containing a blue or purple insert that is not more than 1 inch in diameter.
History: En. Sec. 115, Ch. 263, L. 1955; R.C.M. 1947, 32-21-118; amd. Sec. 1, Ch. 42, L. 1979; amd. Sec. 3, Ch. 345, L. 1983; amd. Sec. 1, Ch. 58, L. 1987; amd. Sec. 7, Ch. 431, L. 1997; amd. Sec. 6, Ch. 458, L. 2005; amd. Sec. 25, Ch. 413, L. 2009.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 2. Lighting Equipment › 61-9-205. New motor vehicles to be equipped with reflectors

61-9-205. New motor vehicles to be equipped with reflectors.
(1) Every new motor vehicle hereafter sold and operated upon a highway, other than a truck tractor, shall carry on the rear, either as a part of the taillamps or separately, two red reflectors, except that every motorcycle, quadricycle, and motor-driven cycle shall carry at least one reflector meeting the requirements of this section, and except that vehicles of the type mentioned in 61-9-208 shall be equipped with reflectors as required in those sections applicable thereto.
(2) Every such reflector shall be mounted on the vehicle at a height not less than 15 inches or more than 60 inches measured as set forth in 61-9-202(2) and shall be of such size and characteristics and so mounted as to be visible at night from all distances within 300 feet to 50 feet from such vehicle when directly in front of lawful upper beams of headlamps, except that visibility from a greater distance may be required of reflectors on certain types of vehicles.
History: En. Sec. 116, Ch. 263, L. 1955; R.C.M. 1947, 32-21-119; amd. Sec. 2, Ch. 42, L. 1979; amd. Sec. 37, Ch. 516, L. 1985.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 2. Lighting Equipment › 61-9-206. Stop lamps -- when required

61-9-206. Stop lamps -- when required.
(1) A person may not sell a new motor vehicle in this state or drive a vehicle on the highways unless it is equipped with at least two properly functioning stop lamps. A vehicle manufactured before January 1, 1956, and all motorcycles, quadricycles, and motor-driven cycles must be equipped with at least one properly functioning stop lamp.
(2) The stop lamp or lamps on the rear of a vehicle must display a red light that is actuated upon application of the service (foot) brake and, in a vehicle manufactured or assembled on or after January 1, 1964, must be visible from a distance of not less than 300 feet to the rear in normal sunlight. In a vehicle manufactured or assembled before January 1, 1964, the stop lamp or lamps must be visible from a distance of not less than 100 feet. The stop lamp may be incorporated with one or more other rear lamps.
(3) A stop lamp may not project a glaring light.
History: En. Sec. 117, Ch. 263, L. 1955; R.C.M. 1947, 32-21-120; amd. Sec. 38, Ch. 516, L. 1985; amd. Sec. 8, Ch. 431, L. 1997.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 2. Lighting Equipment › 61-9-207. Application of succeeding sections

61-9-207. Application of succeeding sections.
Sections 61-9-208 through 61-9-229 apply as stated in those sections to vehicles of the type enumerated in those sections when operated upon a highway. The vehicles must be equipped as required and all lamp equipment required must be lighted at all times mentioned in 61-9-201 except that clearance and side marker lamps need not be lighted on a vehicle when operated within a municipality when there is sufficient light to render clearly discernible persons and vehicles on the highway at a distance of 1,000 feet.
History: En. Sec. 118, Ch. 263, L. 1955; R.C.M. 1947, 32-21-121; amd. Sec. 9, Ch. 431, L. 1997.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 2. Lighting Equipment › 61-9-208. Additional equipment required on certain vehicles

61-9-208. Additional equipment required on certain vehicles.
In addition to other equipment required in this chapter, the following vehicles must be equipped as stated in this section under the conditions stated in 61-9-207:
(1) On a bus or truck there must be on the rear, two reflectors, one at each side.
(2) On a bus or truck 80 inches or more in overall width, in addition to the requirements in subsection (1):
(a) on the front, two clearance lamps, one at each side;
(b) on the rear, two clearance lamps, one at each side;
(c) on each side, two side marker lamps, one at or near the front and one at or near the rear;
(d) on each side, two reflectors, one at or near the front and one at or near the rear.
(3) On a truck tractor, on the front, two clearance lamps, one at each side.
(4) On a trailer or semitrailer having a gross weight in excess of 3,000 pounds:
(a) on the front, two clearance lamps, one at each side;
(b) on each side, two side marker lamps, one at or near the front and one at or near the rear;
(c) on each side, two reflectors, one at or near the front and one at or near the rear;
(d) on the rear, two clearance lamps, one at each side, also two reflectors, one at each side.
(5) On a pole trailer in excess of 3,000 pounds gross weight:
(a) on each side, one side marker lamp and one clearance lamp that may be in combination, to show to the front, side, and rear; and
(b) on the rear of the pole trailer or load, two reflectors, one at each side.
(6) On a trailer, semitrailer, or pole trailer weighing 3,000 pounds or less:
(a) on the front, a steel safety chain or cable that must be securely fastened to the towing unit with the minimum diameter of any portion of the chains or cables being one-fourth of an inch. A safety chain or cable may not be connected to the ball but must be connected to the hitch or other frame member of the towing vehicle to prevent the drawbar from dropping to the ground if the ball, socket, or coupler fails;
(b) on the rear, two reflectors and two stoplights, one on each side.
History: En. Sec. 119, Ch. 263, L. 1955; amd. Sec. 1, Ch. 233, L. 1959; amd. Sec. 1, Ch. 182, L. 1974; R.C.M. 1947, 32-21-122(part); amd. Sec. 10, Ch. 431, L. 1997.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 2. Lighting Equipment › 61-9-209. Color of clearance lamps, side marker lamps, reflectors, and backup lamps

61-9-209. Color of clearance lamps, side marker lamps, reflectors, and backup lamps.
(1) Front clearance lamps and those marker lamps and reflectors mounted on the front or on the side near the front of a vehicle must display or reflect an amber color.
(2) Rear clearance lamps and those marker lamps and reflectors mounted on the rear or on the sides near the rear of a vehicle must display or reflect a red color.
(3) All lighting devices, reflectors, and stoplights mounted on the rear of a vehicle must display or reflect a red color, except:
(a) the signal devices, as defined in 61-9-218;
(b) the light illuminating the license plate that must be a white lamp; and
(c) the light emitted by a backup lamp that must be white.
History: En. Sec. 120, Ch. 263, L. 1955; R.C.M. 1947, 32-21-123; amd. Sec. 11, Ch. 431, L. 1997.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 2. Lighting Equipment › 61-9-210. Mounting of reflectors, clearance lamps, and side marker lamps

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.
History: En. Sec. 121, Ch. 263, L. 1955; R.C.M. 1947, 32-21-124.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 2. Lighting Equipment › 61-9-211. Visibility of reflectors, clearance lamps, and marker lamps

61-9-211. Visibility of reflectors, clearance lamps, and marker lamps.
(1) Every reflector upon any vehicle referred to in 61-9-208 shall be of such size and characteristics and so maintained as to be readily visible at nighttime from all distances within 600 feet to 100 feet from the vehicle when directly in front of lawful upper beams of headlamps. Reflectors required to be mounted on the sides of the vehicle shall reflect the required color of light to the sides, and those mounted on the rear shall reflect a red color to the rear.
(2) Front and rear clearance lamps shall be capable of being seen and distinguished under normal atmospheric conditions, at the times lights are required, at a distance of 500 feet from the front and rear respectively of the vehicle.
(3) Side marker lamps shall be capable of being seen and distinguished under normal atmospheric conditions, at the times lights are required, at a distance of 500 feet from the side of the vehicle on which mounted.
History: En. Sec. 122, Ch. 263, L. 1955; R.C.M. 1947, 32-21-125.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 2. Lighting Equipment › 61-9-212. Obstructed lights not required

61-9-212. Obstructed lights not required.
Whenever motor and other vehicles are operated in combination during the time that lights are required, any lamp (except taillamps) need not be lighted which, by reason of its location on a vehicle of the combination, would be obscured by another vehicle of the combination, but this shall not affect the requirements that lighted clearance lamps be displayed on the front of the foremost vehicle required to have clearance lamps or that all lights required on the rear of the rearmost vehicle of any combination shall be lighted.
History: En. Sec. 123, Ch. 263, L. 1955; R.C.M. 1947, 32-21-126.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 2. Lighting Equipment › 61-9-213. Lamp or flag on projecting load

61-9-213. Lamp or flag on projecting load.
(1) Whenever the load upon a vehicle extends to the rear 4 feet or more beyond the rear of the vehicle, the following lamps and reflectors must be displayed at the extreme rear end of the load, at the times specified in 61-9-201:
(a) a red lamp plainly visible from a distance of at least 500 feet to the sides and 1,000 feet to the rear and located to indicate maximum overhang; and
(b) a red reflector visible at night at all distances from 100 feet to 600 feet to the rear when directly in front of lawful lower beams of headlamps.
(2) The red lights and reflectors required under this section must be in addition to the red lights required upon a vehicle. At any other time there must be displayed at the extreme rear end of the load a red flag or cloth not less than 12 inches square, marking the extremities of the load, at each point where a lamp or reflector would otherwise be required by this section.
History: En. Sec. 124, Ch. 263, L. 1955; R.C.M. 1947, 32-21-127; amd. Sec. 12, Ch. 431, L. 1997.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 2. Lighting Equipment › 61-9-214. Lamps on parked vehicles

61-9-214. Lamps on parked vehicles.
(1) Whenever a vehicle is lawfully parked upon a street or highway during the hours between one-half hour after sunset and one-half hour before sunrise and in the event there is sufficient light to reveal any person or object within a distance of 500 feet upon such street or highway no lights need be displayed upon such parked vehicle.
(2) Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended, during the hours between one-half hour after sunset and one-half hour before sunrise and there is not sufficient light to reveal any person or object within a distance of 500 feet upon such highway, such vehicle so parked or stopped shall be equipped with one or more lamps meeting the following requirements: at least one lamp shall display a white or amber light visible from a distance of 500 feet to the front of the vehicle, and the same lamp or at least one other lamp shall display a red light visible from a distance of 500 feet to the rear of the vehicle, and the location of said lamp or lamps, shall always be such that at least one lamp or combination of lamps meeting the requirements of this section is installed as near as practicable to the side of the vehicle which is closest to passing traffic. The foregoing provisions shall not apply to a motor-driven cycle.
(3) Any lighted headlamp upon a parked vehicle shall be depressed or dimmed.
History: En. Sec. 125, Ch. 263, L. 1955; R.C.M. 1947, 32-21-128.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 2. Lighting Equipment › 61-9-216. Lamps on other vehicles and equipment

61-9-216. Lamps on other vehicles and equipment.
A vehicle, including animal-drawn vehicles and vehicles referred to in 61-9-109(4), not specifically required by the provisions of this chapter to be equipped with lamps or other lighting devices, must at all times specified in 61-9-201 be equipped with at least one lamp displaying a white light visible from a distance of not less than 1,000 feet to the front of the vehicle, and with two lamps displaying red light visible from a distance of not less than 1,000 feet to the rear of the vehicle. The vehicle may have one lamp displaying a red light visible from a distance of not less than 1,000 feet to the rear and two red reflectors visible for distances of 100 to 600 feet to the rear when illuminated by the upper beams of headlamps.
History: En. Sec. 127, Ch. 263, L. 1955; amd. Sec. 1, Ch. 247, L. 1969; R.C.M. 1947, 32-21-130(a); amd. Sec. 14, Ch. 431, L. 1997.