reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 2. Highway Safety › Part 1. Traffic Safety Program › 61-2-101. Purpose

61-2-101. Purpose.
To promote public safety, health, and welfare and to reduce traffic deaths, injuries, and property losses resulting from traffic accidents, it is in the public interest to establish a highway traffic safety program and provide for its administration. It is in the public interest to implement, modernize, and improve the following traffic safety activities: driver performance, including but not limited to driver education, driver testing to determine proficiency to operate motor vehicles; driver examinations, both physical and mental; driver licensing; pedestrian performance; establish an effective accident record system, including traffic accident investigation to determine the probable cause of accidents, injuries, and deaths; improve and establish a system of vehicle registration, vehicle operation, and vehicle inspection; assist in the improving of highway design and maintenance, including lighting, markings, and surface treatment to improve safety; establish an effective traffic control system; promote the adoption of uniform vehicle laws; provide for surveillance of traffic for detection and correction of high or potentially high accident locations; establish emergency services, including but not limited to communications, medical or mechanical assistance, and ambulance service for injured persons; and establish an effective compilation and storage program of reports and records through electronic data processing.
History: En. Sec. 1, Ch. 177, L. 1967; amd. Sec. 74, Ch. 348, L. 1974; R.C.M. 1947, 32-4601.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 2. Highway Safety › Part 1. Traffic Safety Program › 61-2-102. Definitions

61-2-102. Definitions.
Unless the context requires otherwise, in this part, the following definitions apply:
(1) "Department" means the department of transportation.
(2) "Highway traffic safety program" means a program designed to reduce traffic accidents, deaths, injuries to persons, and damage to property. The program must be in accordance with uniform guidelines established pursuant to 23 U.S.C. 402, as amended, and may include defensive driving programs administered by the entity designated by the governor in 61-2-103. Nothing in this part restricts or prohibits the establishment of standards that enlarge or implement the federal standards.
(3) "Political subdivisions" means each county, incorporated city or town, and school district within the boundaries of the state.
History: En. Sec. 2, Ch. 177, L. 1967; amd. Sec. 75, Ch. 348, L. 1974; amd. Sec. 34, Ch. 213, L. 1975; R.C.M. 1947, 32-4602; amd. Sec. 8, Ch. 274, L. 1981; amd. Sec. 2, Ch. 538, L. 1995; amd. Sec. 3, Ch. 576, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 2. Highway Safety › Part 1. Traffic Safety Program › 61-2-103. Duties

61-2-103. Duties.
(1) The governor is responsible for the administration of the highway traffic safety program. The governor may contract and do all other things necessary to secure the full benefits available to this state under the federal Highway Safety Act, 23 U.S.C. 401 through 403, and, in so doing, may cooperate with federal and state agencies, private and public organizations, and individuals to effectuate the purposes of that enactment and all amendments to it. The governor may appoint an administrator of the highway traffic safety program to carry out the governor's responsibilities under this part. For purposes of participation in the federal Highway Safety Act, 23 U.S.C. 401 through 403, the governor shall designate the superintendent of public instruction as the state agency responsible for all aspects of federally assisted driver education and safety programs in the public schools, including the approval of the programs, certification of teachers, and the acceptance, allocation, and expenditure of funds for driver education in accordance with applicable federal laws and regulations. Nothing in this part interferes with the provisions of Title 20, chapter 7, part 5, or 20-9-603.
(2) The department shall:
(a) advise and assist the governor in all matters of highway safety;
(b) establish a continuing and adequate research program designed to determine the causes of accidents and effect a program of prevention; and
(c) cooperate with the office of public instruction to provide support and maintenance of driver training facilities that comply with the federal Highway Safety Act, 23 U.S.C. 401 through 403.
(3) The department of justice shall:
(a) establish a uniform system of driver licensing, including mental and physical standards; and
(b) prescribe and establish safety regulations for motor vehicles and operators.
History: En. Sec. 5, Ch. 177, L. 1967; amd. Sec. 76, Ch. 348, L. 1974; amd. Sec. 35, Ch. 213, L. 1975; R.C.M. 1947, 32-4605; amd. Sec. 8, Ch. 274, L. 1981; amd. Sec. 1, Ch. 126, L. 1991; amd. Sec. 3, Ch. 538, L. 1995; amd. Sec. 1, Ch. 8, L. 2007.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 2. Highway Safety › Part 1. Traffic Safety Program › 61-2-104. Funds

61-2-104. Funds.
The governor and the department may enter into contracts with the federal government to secure maximum federal appropriation. At least 40% of all federal funds received by the state shall be spent by the political subdivisions of the state in carrying out local approved highway traffic safety programs. Except as provided in this part, the governor may accept all gifts, money, and funds to implement the purposes of this part. The expenditure of funds, exclusive of the federal appropriation, shall be maintained at a level which shall not fall below the average level of the expenditures for the last 2 full fiscal years preceding July 1, 1966, as determined by the expenditures of state and political subdivisions.
History: En. Sec. 6, Ch. 177, L. 1967; amd. Sec. 77, Ch. 348, L. 1974; R.C.M. 1947, 32-4606.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 2. Highway Safety › Part 1. Traffic Safety Program › 61-2-105. Local programs

61-2-105. Local programs.
Except as provided in this part, all highway traffic safety programs of political subdivisions must be approved by the governor and funds may not be spent unless the governor's approval is obtained. All local and state officials shall cooperate with the governor and department to accomplish the purposes of this part. The governor shall administer the highway traffic safety programs of this state and its political subdivisions in accordance with this part and federal rules.
History: En. Sec. 7, Ch. 177, L. 1967; amd. Sec. 78, Ch. 348, L. 1974; R.C.M. 1947, 32-4607; amd. Sec. 1935, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 2. Highway Safety › Part 1. Traffic Safety Program › 61-2-106. County drinking and driving prevention program

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.
History: En. Sec. 1, Ch. 643, L. 1987; amd. Sec. 2, Ch. 751, L. 1991; amd. Sec. 1, Ch. 436, L. 1993; amd. Sec. 1936, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 2. Highway Safety › Part 1. Traffic Safety Program › 61-2-107. License reinstatement fee to fund county drinking and driving prevention programs

61-2-107. License reinstatement fee to fund county drinking and driving prevention programs.
(1) Notwithstanding the provisions of any other law of the state, a driver's license that has been suspended or revoked under 61-5-205 or 61-8-1016 must remain suspended or revoked until the driver has paid to the department a fee of $200 in addition to any other fines, forfeitures, and penalties assessed as a result of conviction for a violation of the traffic laws of the state.
(2) The department shall deposit one-half of the fees collected under subsection (1) in the general fund and the other half in an account in the state special revenue fund to be used for funding county drinking and driving prevention programs as provided in 61-2-108.
History: En. Sec. 2, Ch. 643, L. 1987; amd. Sec. 1, Ch. 55, L. 1989; amd. Sec. 1, Ch. 751, L. 1991; amd. Sec. 1, Ch. 5, Sp. L. January 1992; amd. Sec. 1, Ch. 492, L. 1993; amd. Sec. 1, Ch. 2, Sp. L. November 1993; amd. Sec. 63, Ch. 18, L. 1995;. amd. Sec. 53, Ch. 509, L. 1995; amd. Sec. 1, Ch. 442, L. 2003; amd. Sec. 30, Ch. 498, L. 2021.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 2. Highway Safety › Part 1. Traffic Safety Program › 61-2-108. Funding allocation for programs to prevent or reduce drinking and driving

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.
History: En. Sec. 3, Ch. 643, L. 1987; amd. Sec. 3, Ch. 751, L. 1991; amd. Sec. 2, Ch. 5, Sp. L. January 1992; amd. Sec. 245, Ch. 42, L. 1997; amd. Sec. 1, Ch. 141, L. 2015.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 2. Highway Safety › Part 1. Traffic Safety Program › 61-2-109. Emergency medical services grants

61-2-109. Emergency medical services grants.
The department of transportation shall report to the governor and the legislative fiscal analyst no later than November 1 of the year preceding a regular session of the legislature regarding emergency medical services grants that are awarded during each biennium. The report must be provided in an electronic format and include a listing of all grant requests and a listing of grants awarded, including a summary of the use of grant funds. The department shall provide a copy of the report to the legislature in accordance with 5-11-210.
History: En. Sec. 25, Ch. 486, L. 2009; amd. Sec. 17, Ch. 120, L. 2013; amd. Sec. 95, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 2. Highway Safety › Part 2. Vehicle Equipment Safety › 61-2-202. Legislative findings on equipment safety

61-2-202. Legislative findings on equipment safety.
The legislature finds that:
(1) the public safety necessitates the continuous development, modernization, and implementation of standards and requirements of law relating to vehicle equipment, in accordance with expert knowledge and opinion;
(2) the public safety further requires that such standards and requirements be uniform from jurisdiction to jurisdiction, except to the extent that specific and compelling evidence supports variation;
(3) the department, acting upon recommendations of the vehicle equipment safety commission and pursuant to the Vehicle Equipment Safety Compact, provides a just, equitable, and orderly means of promoting the public safety in the manner and within the scope contemplated by this part.
History: En. Sec. 2, Ch. 109, L. 1965; R.C.M. 1947, 32-21-167; amd. Sec. 1, Ch. 503, L. 1985.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 2. Highway Safety › Part 2. Vehicle Equipment Safety › 61-2-203. Equipment requirements continued 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.
History: En. Sec. 3, Ch. 109, L. 1965; R.C.M. 1947, 32-21-168; amd. Sec. 24, Ch. 421, L. 1979.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 2. Highway Safety › Part 2. Vehicle Equipment Safety › 61-2-204. State commissioner on vehicle equipment safety commission

61-2-204. State commissioner on vehicle equipment safety commission.
Notwithstanding section 1, Chapter 272, Laws of 1971, the commissioner of this state on the vehicle equipment safety commission is the highway patrol chief who shall serve during the continuance as highway patrol chief. The commissioner appointed pursuant to this section may designate an alternate from among the officers and employees of the highway patrol to serve in the commissioner's place on the vehicle equipment safety commission. Subject to the provisions of the compact and bylaws of the vehicle equipment safety commission, the authority and responsibilities of the alternate are as determined by the commissioner.
History: En. Sec. 4, Ch. 109, L. 1965; R.C.M. 1947, 32-21-169; amd. Sec. 25, Ch. 421, L. 1979; amd. Sec. 1938, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 2. Highway Safety › Part 2. Vehicle Equipment Safety › 61-2-205. Retirement of equipment safety commission employees

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.
History: En. Sec. 5, Ch. 109, L. 1965; R.C.M. 1947, 32-21-170.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 2. Highway Safety › Part 2. Vehicle Equipment Safety › 61-2-206. Governmental agencies to cooperate with equipment safety commission

61-2-206. Governmental agencies to cooperate with equipment safety commission.
Within appropriations available therefor, the departments, agencies, and officers of the government of this state may cooperate with and assist the vehicle equipment safety commission within the scope contemplated by Article III(8) of the compact. The departments, agencies, and officers of the government of this state are authorized generally to cooperate with said commission.
History: En. Sec. 6, Ch. 109, L. 1965; R.C.M. 1947, 32-21-171.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 2. Highway Safety › Part 2. Vehicle Equipment Safety › 61-2-207. Documents filed and notices given by equipment safety commission

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.
History: En. Sec. 7, Ch. 109, L. 1965; R.C.M. 1947, 32-21-172; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 1939, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 2. Highway Safety › Part 2. Vehicle Equipment Safety › 61-2-208. Equipment safety commission funds

61-2-208. Equipment safety commission funds.
(1) Pursuant to Article VI(1) of the compact, the vehicle equipment safety commission shall submit its budgets to the state budget director.
(2) Pursuant to Article VI(5) of the compact, the department of administration may inspect the accounts of the vehicle equipment safety commission.
History: En. Secs. 5, 9, Ch. 109, L. 1965; R.C.M. 1947, 32-21-173, 32-21-174; amd. Sec. 7, Ch. 274, L. 1981; amd. Sec. 1, Ch. 287, L. 1983; amd. Sec. 194, Ch. 483, L. 2001.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 2. Highway Safety › Part 2. Vehicle Equipment Safety › 61-2-209. Governor as executive head for compact purposes

61-2-209. Governor as executive head for compact purposes.
The term "executive head" as used in Article IX(2) of the compact shall, with reference to this state, mean the governor.
History: En. Sec. 11, Ch. 109, L. 1965; R.C.M. 1947, 32-21-175.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 2. Highway Safety › Part 3. Driver Improvement Program › 61-2-301. Purpose

61-2-301. Purpose.
The toll of accidents, personal injuries, and deaths resulting from the operation of motor vehicles remains a matter of great concern to the legislature. The failure to apply proper driving techniques in the operation of vehicles and improper driving attitudes and habits on the part of operators constitute major factors in a substantial portion of both fatal and nonfatal automobile accidents. Current efforts to improve driver skills, responsibilities, attitudes, and habits have not proved adequate to stem the accident, injury, and death toll. The public interest in the cause of highway safety will be well served by additional methods of driver rehabilitation and improvement and the establishment of programs of rehabilitative instruction, driver improvement, and direction for drivers with poor driving records.
History: En. 31-191 by Sec. 1, Ch. 526, L. 1977; R.C.M. 1947, 31-191.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 2. Highway Safety › Part 4. Motorcycle Safety Training Program (Renumbered and Repealed) › 61-2-406. Repealed

61-2-406. Repealed.
Sec. 8, Ch. 701, L. 1991.
History: En. Sec. 6, Ch. 324, L. 1989.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 2. Highway Safety › Part 5. Emergency Medical Service Providers Grant Program › 61-2-501. Legislative findings -- purpose

61-2-501. Legislative findings -- purpose.
The legislature finds that the provision of prehospital emergency medical service is a critical component of Montana's health care system because these prehospital services can improve the medical outcomes for people suffering medical emergencies and may improve the safety of motorists on Montana roads by providing emergency response to vehicle crashes. The legislature further finds that emergency medical service providers in many of Montana's rural areas have difficulty in continuing their operations because of demographic and economic circumstances. It is the purpose of this part to establish a grant program that will support emergency medical service providers by creating a source of funds to cover the costs of buying and maintaining the equipment that an emergency medical service needs in order to be ready to respond to calls.
History: En. Sec. 1, Ch. 437, L. 2009.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 2. Highway Safety › Part 5. Emergency Medical Service Providers Grant Program › 61-2-503. Emergency medical services grant program -- eligibility -- matching funds

61-2-503. Emergency medical services grant program -- eligibility -- matching funds.
(1) The department shall provide competitive grants to emergency medical service providers for acquiring or leasing ambulances or emergency response vehicles or for purchasing equipment, other than routine medical supplies, for any of the following purposes:
(a) training;
(b) communications; or
(c) providing medical care to a patient.
(2) A licensed emergency medical service may apply for a grant if:
(a) it has been in operation at least 12 months;
(b) it bills for services at a level that is at least equivalent to the medicare billing level; and
(c) a majority of its active emergency care providers are volunteer emergency care providers.
(3) An emergency medical service is ineligible for grant funding if it is either a private business or a public agency, as defined in 7-1-4121, and employs the majority of its emergency care providers on a regular basis with a regular, hourly wage.
(4) An eligible emergency medical service applying for a grant under this section shall provide a 10% match for any grant funds received.
(5) The department shall award grants on an annual basis using the criteria contained in 61-2-504.
(6) Up to 5% of the annual appropriation for the program may be distributed for emergency purposes each year as provided in 61-2-507.
History: En. Sec. 3, Ch. 437, L. 2009; amd. Sec. 29, Ch. 220, L. 2019.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 2. Highway Safety › Part 5. Emergency Medical Service Providers Grant Program › 61-2-504. Grant review criteria

61-2-504. Grant review criteria.
When evaluating grant applications, the department shall consider the following factors:
(1) demonstrated need;
(2) size of the geographic area covered by the emergency medical service;
(3) distance from other emergency medical service providers in the geographic region;
(4) distance from the closest hospital;
(5) number of calls in the previous calendar year; and
(6) number of volunteer emergency care providers on the active call roster.
History: En. Sec. 4, Ch. 437, L. 2009; amd. Sec. 30, Ch. 220, L. 2019.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 2. Highway Safety › Part 5. Emergency Medical Service Providers Grant Program › 61-2-505. Grant awards -- appeals

61-2-505. Grant awards -- appeals.
(1) If the department denies an application for a grant, the applicant may appeal the decision in writing to the director of the department.
(2) After considering the emergency medical service provider's appeal and the rules in place for reviewing and awarding grants, the director shall affirm or deny the appeal in writing.
(3) There is no further appeal if the director denies the appeal.
History: En. Sec. 5, Ch. 437, L. 2009.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 2. Highway Safety › Part 5. Emergency Medical Service Providers Grant Program › 61-2-506. Rulemaking authority

61-2-506. Rulemaking authority.
(1) The department shall adopt rules necessary for the administration of this part.
(2) The rules must include but are not limited to:
(a) the weighting of the criteria listed in 61-2-504 for scoring purposes;
(b) allowable reasons for not awarding a grant;
(c) the appeal process for an emergency medical service provider that does not receive a grant; and
(d) reporting requirements for grant recipients.
History: En. Sec. 6, Ch. 437, L. 2009.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 2. Highway Safety › Part 5. Emergency Medical Service Providers Grant Program › 61-2-507. Emergency grant appropriations

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.
History: En. Sec. 7, Ch. 437, L. 2009.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 3. Certificates of Title, Registration, and Taxation of Motor Vehicles › Part 1. General Provisions › 61-3-102. Repealed

61-3-102. Repealed.
Sec. 1, Ch. 107, L. 1991.
History: En. 53-122.1 by Sec. 3, Ch. 41, L. 1975; R.C.M. 1947, 53-122.1; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 114, Ch. 370, L. 1987.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 3. Certificates of Title, Registration, and Taxation of Motor Vehicles › Part 1. General Provisions › 61-3-104. Repealed

61-3-104. Repealed.
Sec. 1, Ch. 252, L. 1985.
History: En. Sec. 4, Ch. 148, L. 1943; R.C.M. 1947, 53-111; amd. Sec. 2, Ch. 502, L. 1979.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 3. Certificates of Title, Registration, and Taxation of Motor Vehicles › Part 1. General Provisions › 61-3-105. Repealed

61-3-105. Repealed.
Sec. 81, Ch. 477, L. 2003.
History: En. Sec. 5, Ch. 166, L. 1929; re-en. Sec. 1746.4, R.C.M. 1935; R.C.M. 1947, 32-1110; amd. Sec. 27, Ch. 421, L. 1979.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 3. Certificates of Title, Registration, and Taxation of Motor Vehicles › Part 1. General Provisions › 61-3-108. Disposition of fees

61-3-108. Disposition of fees.
All fees payable to the department under this title, unless otherwise provided, shall be deposited in the general fund.
History: En. Sec. 34, Ch. 421, L. 1979; En. Sec. 3, Ch. 654, L. 1979; amd. Sec. 1, Ch. 268, L. 1983; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 12, Ch. 503, L. 1985; amd. Sec. 8, Ch. 398, L. 1989.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 3. Certificates of Title, Registration, and Taxation of Motor Vehicles › Part 1. General Provisions › 61-3-109. Electronic title, lien filing, and registration

61-3-109. Electronic title, lien filing, and registration.
(1) The department shall develop and implement a pilot program to allow:
(a) electronic transmission of data by an authorized agent, a county treasurer, or a person to or from the department in lieu of the transmission of paper documents;
(b) substantiation of electronic record transactions performed by the department, an authorized agent, a county treasurer, or a person;
(c) the production and certification by a court or an authorized agent of a motor vehicle record generated from electronic records of title and registration maintained by the department;
(d) electronic filing, perfection, and release of security interests or liens of record;
(e) certification and audit by the department of its authorized agents; and
(f) expedited title services for customers with exceptional needs who are willing to pay an optional fee prescribed by the department by rule.
(2) Money collected from the fee imposed under subsection (1)(f) must be deposited in the motor vehicle information technology system account provided for in 61-3-550.
History: En. Sec. 1, Ch. 90, L. 1997; amd. Sec. 1, Ch. 260, L. 1999; amd. Sec. 48, Ch. 477, L. 2003; amd. Sec. 40, Ch. 596, L. 2005; amd. Sec. 1, Ch. 358, L. 2013; amd. Sec. 15, Ch. 566, L. 2021.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 3. Certificates of Title, Registration, and Taxation of Motor Vehicles › Part 1. General Provisions › 61-3-110. Contract rental price adjustment -- not sale or security interest

61-3-110. Contract rental price adjustment -- not sale or security interest.
In the case of a motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile, a transaction does not create a sale or security interest solely because it permits or requires that the rental price be adjusted either upward or downward under the agreement by reference to the amount realized upon the sale or other disposition of the motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile. To the extent that a conflict exists, this section supersedes any other provision of law.
History: En. Sec. 1, Ch. 279, L. 2003; amd. Sec. 46, Ch. 542, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 3. Certificates of Title, Registration, and Taxation of Motor Vehicles › Part 1. General Provisions › 61-3-111. Motor vehicle division administrative fees

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.
History: En. Sec. 3, Ch. 384, L. 2017; amd. Sec. 26, Ch. 384, L. 2017; amd. Sec. 1, Ch. 295, L. 2019.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 3. Certificates of Title, Registration, and Taxation of Motor Vehicles › Part 1. General Provisions › 61-3-112. Motor vehicle division administration state special revenue account

61-3-112. Motor vehicle division administration state special revenue account.
(1) There is an account in the state special revenue fund established by 17-2-102 to be known as the motor vehicle division administration account.
(2) Administrative fees collected on behalf of the motor vehicle division pursuant to 61-3-111 must be deposited in the account.
(3) Fees collected pursuant to 61-3-321(2) and (7) are deposited in this account.
History: En. Sec. 4, Ch. 384, L. 2017.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 3. Certificates of Title, Registration, and Taxation of Motor Vehicles › Part 1. General Provisions › 61-3-115. Customer service accounts -- electronic updates or changes to motor vehicle, driver, or dealer licensing records

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.
History: En. Sec. 1, Ch. 596, L. 2005; amd. Sec. 18, Ch. 329, L. 2007.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 3. Certificates of Title, Registration, and Taxation of Motor Vehicles › Part 1. General Provisions › 61-3-116. Services that may be performed by authorized agent

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.
History: En. Sec. 3, Ch. 596, L. 2005; amd. Sec. 52, Ch. 44, L. 2007; amd. Sec. 19, Ch. 329, L. 2007; amd. Sec. 1, Ch. 196, L. 2013.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 3. Certificates of Title, Registration, and Taxation of Motor Vehicles › Part 1. General Provisions › 61-3-117. Payment of fees by credit card or other commercially acceptable means

61-3-117. Payment of fees by credit card or other commercially acceptable means.
(1) The department may accept payment of any fee, tax, or penalty that the department administers by credit card, debit card, electronic funds transfer, or other commercially acceptable means.
(2) (a) If the payment is made by credit card, debit card, charge card, or similar method, the liability is not discharged and the person has not paid the tax, fee, or penalty until the department, its authorized agent, or the county treasurer receives payment or credit from the financial institution or credit card company responsible for making the payment or credit and as long as the payment or credit is not subsequently charged back to the state by the financial institution or credit card company. Upon receipt of the payment or credit, the amount is considered paid on the date on which the charge was made by the person unless the payment or credit is subsequently charged back to the department, its authorized agent, or the county treasurer by the financial institution or credit card company.
(b) Upon notice of nonpayment, the department may charge the person who attempted the payment of the fee, tax, or penalty an additional fee not to exceed the costs of processing the claim for payment of the fee, tax, or penalty. The amount of the additional fee must be added to the fee, tax, or penalty due and must be collected in the same manner as the fee, tax, or penalty due.
(3) A person making a payment pursuant to this section shall pay any fee required by a financial institution or credit card company for the payment method used.
History: En. Sec. 4, Ch. 596, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 3. Certificates of Title, Registration, and Taxation of Motor Vehicles › Part 1. General Provisions › 61-3-118. Motor vehicle electronic commerce operating account

61-3-118. Motor vehicle electronic commerce operating account.
(1) There is a motor vehicle electronic commerce operating account of the enterprise fund type as provided in 17-2-102.
(2) A portion of the fees imposed for issuance of a temporary registration permit under 61-3-224 must be deposited in the account.
(3) The money in the motor vehicle electronic commerce operating account must be used by the department to pay costs directly incurred in the operation, maintenance, and enhancement of electronic commerce applications, including but not limited to payments to third-party vendors who provide services to support the applications.
History: En. Sec. 5, Ch. 596, L. 2005; amd. Sec. 17, Ch. 384, L. 2017.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 3. Certificates of Title, Registration, and Taxation of Motor Vehicles › Part 1. General Provisions › 61-3-119. Address of record -- basis for change -- acknowledgment of current address and service -- national change of address program

61-3-119. Address of record -- basis for change -- acknowledgment of current address and service -- national change of address program.
(1) (a) Whenever a person completes and submits a department-prescribed form, application, or similar document to the department, an authorized agent, or a county treasurer under Title 23 or this title or whenever a person is issued a notice to appear for a violation of a statute or a municipal ordinance regulating the operation of motor vehicles on highways, the person shall provide the person's current address on the form, application, or similar document or to the peace officer issuing the notice to appear.
(b) By manually or digitally signing the prescribed form, application, or similar document authorizing the electronic submission of the document to the department or providing the information to a peace officer, the person acknowledges that:
(i) the address is correct;
(ii) subject to the provisions of subsection (2)(b), any official notice from the department, including an order of suspension or revocation or mail renewal notice, must be sent by prepaid first-class mail to the most recent address on:
(A) the signed form, application, or similar document; or
(B) if a conviction or bond forfeiture resulting from the notice to appear that was issued, the notice to appear; and
(iii) subject to the provisions of subsection (2)(b), the notice from the department must be considered to have been accepted by the person at that address.
(2) (a) The department may contract with the United States postal service or an authorized agent to use the national change of address system for the purpose of obtaining current address information for a person whose name appears in a motor vehicle or driver record maintained by the department.
(b) If the department receives information from the national change of address system that indicates that a person whose name appears in a record has moved to another address, the department may update its records to include the new address and, after that date or until the person notifies the department, use the new address to correspond with or notify the person by first-class mail.
History: En. Sec. 6, Ch. 596, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 3. Certificates of Title, Registration, and Taxation of Motor Vehicles › Part 2. Certificates of Title › 61-3-203. Fee for original certificate of title -- disposition

61-3-203. Fee for original certificate of title -- disposition.
(1) Until June 30, 2028, a person applying for a certificate of title shall pay the department, its authorized agent, or a county treasurer a fee of:
(a) $10 if the vehicle for which a certificate of title is sought is not a light vehicle or a truck or bus that weighs 1 ton or less; or
(b) $12 if the vehicle for which application is made is a light vehicle or a truck or bus that weighs 1 ton or less.
(2) The amount of $5 of the fee imposed pursuant to subsection (1) must be forwarded to the department for deposit in the motor vehicle information technology system account provided for in 61-3-550, and the remaining amount must be deposited in the state general fund.
(3) For expedited certificates of title, which may be issued only by the Montana motor vehicle division, the entirety of the fee imposed pursuant to subsection (1) must be deposited into the motor vehicle information technology system account provided for in 61-3-550.
(4) Beginning July 1, 2028, the fee imposed in subsection (1)(a) is $5 and the fee imposed in subsection (1)(b) is $7 and all fees paid pursuant to this section must be deposited in the state general fund.
History: En. Subd. 5, Sec. 2, Ch. 159, L. 1933; re-en. Sec. 1758.4, R.C.M. 1935; amd. Sec. 8, Ch. 72, L. 1937; amd. Sec. 27, Ch. 121, L. 1965; amd. Sec. 2, Ch. 41, L. 1975; R.C.M. 1947, 53-112; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 2, Ch. 361, L. 1987; amd. Sec. 1, Ch. 378, L. 1987; amd. Sec. 7, Ch. 535, L. 1989; amd. Sec. 1, Ch. 342, L. 1995; amd. Sec. 162, Ch. 574, L. 2001; amd. Secs. 51, 83(1)(c), Ch. 477, L. 2003; amd. Sec. 42, Ch. 596, L. 2005; amd. Sec. 4, Ch. 50, L. 2007; amd. Sec. 2, Ch. 398, L. 2015; amd. Sec. 3, Ch. 323, L. 2017; amd. Sec. 16, Ch. 566, L. 2021.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 3. Certificates of Title, Registration, and Taxation of Motor Vehicles › Part 2. Certificates of Title › 61-3-204. Replacement certificate of title -- application

61-3-204. Replacement certificate of title -- application.
(1) (a) 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.
(b) 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.
(c) 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.
(2) Each replacement certificate of title issued by the department must contain the following statement: "This replacement voids any previously issued title."
History: En. Subd. 6, Sec. 2, Ch. 159, L. 1933; re-en. Sec. 1758.5, R.C.M. 1935; amd. Sec. 1, Ch. 96, L. 1953; amd. Sec. 28, Ch. 121, L. 1965; R.C.M. 1947, 53-113(part); amd. Sec. 1, Ch. 654, L. 1979; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 2, Ch. 378, L. 1987; amd. Sec. 9, Ch. 398, L. 1989; amd. Secs. 52, 83(1)(d), Ch. 477, L. 2003; amd. Sec. 8, Ch. 562, L. 2003; amd. Sec. 49, Ch. 542, L. 2005; amd. Sec. 5, Ch. 50, L. 2007; amd. Sec. 3, Ch. 398, L. 2015.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 3. Certificates of Title, Registration, and Taxation of Motor Vehicles › Part 2. Certificates of Title › 61-3-205. Transfer of ownership of vehicles by insurance company

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.
History: En. Sec. 1, Ch. 12, L. 1981; amd. Sec. 4, Ch. 363, L. 1989; amd. Sec. 4, Ch. 724, L. 1991; amd. Sec. 53, Ch. 477, L. 2003; amd. Sec. 50, Ch. 542, L. 2005; amd. Sec. 1, Ch. 74, L. 2011; amd. Sec. 2, Ch. 196, L. 2013; amd. Sec. 1, Ch. 197, L. 2019.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 3. Certificates of Title, Registration, and Taxation of Motor Vehicles › Part 2. Certificates of Title › 61-3-207. Repealed

61-3-207. Repealed.
Sec. 125, Ch. 596, L. 2005.
History: En. Sec. 1, Ch. 555, L. 1985; amd. Sec. 130, Ch. 27, Sp. L. November 1993; amd. Sec. 21, Ch. 200, L. 1997; amd. Sec. 55, Ch. 477, L. 2003.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 3. Certificates of Title, Registration, and Taxation of Motor Vehicles › Part 2. Certificates of Title › 61-3-209. Repealed

61-3-209. Repealed.
Sec. 125, Ch. 596, L. 2005.
History: En. Sec. 4, Ch. 200, L. 1997.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 3. Certificates of Title, Registration, and Taxation of Motor Vehicles › Part 2. Certificates of Title › 61-3-210. Definitions

61-3-210. Definitions.
As used in this part, the following definitions apply:
(1) "Cab" means the passenger compartment of a truck or pickup truck. It is a unit of construction that includes the top or roof and the cowl and may or may not include glass, instrumentation, the steering column, and a seat or seats.
(2) "Center structure" includes the section of either a unibody or frame-type passenger motor vehicle that consists of a unit of sheet metal that extends from the firewall to the back of the rear seat or the centerline of the rear wheels. The structure may comprise the roof, side and rear window posts, cowl panel, dash panel, floor pans, doors, and rocker panels if two or more of these parts are assembled together as one unit.
(3) "Component part" means the front-end assembly, center structure, or tail section of an automobile, the cab of a truck, the bed of a 1-ton or lighter truck, the frame of a motor vehicle, or any part of a motor vehicle that contains a vehicle identification number or a derivative of a vehicle identification number.
(4) "Frame" means the structure that supports the automobile body and other external component parts.
(5) "Front-end assembly" includes the hood, right front and left front fenders, grill, bumper, and radiator supports if two or more of these parts are assembled together as one unit forward of the firewall.
(6) "Salvage certificate" means a certificate of title issued by the department for a salvage vehicle that may be used to retitle the motor vehicle.
(7) "Salvage vehicle" means a motor vehicle damaged by collision, fire, flood, accident, trespass, or other occurrence to the extent that the owner, an insurer, or another person acting on behalf of the owner determines that the cost of parts and labor makes it uneconomical to repair the vehicle.
(8) "Salvage vehicle purchaser" means a person, other than an insurer, who purchases or otherwise obtains possession of a salvage vehicle.
(9) "Tail section" includes the floor pan, right rear and left rear quarter panels, deck lid, upper rear and lower rear panels, and rear bumper if two or more of these parts are assembled together as one unit.
History: En. Sec. 1, Ch. 725, L. 1991; amd. Sec. 57, Ch. 477, L. 2003; amd. Sec. 53, Ch. 542, L. 2005.