reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 1. Licensing Provisions › 61-5-120. Medical assessment and rehabilitation driving permit

61-5-120. Medical assessment and rehabilitation driving permit.
(1) Upon the written request of a licensed physician, licensed physician assistant, or advanced practice registered nurse, as defined in 37-8-102, on a form prescribed by the department, the department may authorize a driver rehabilitation specialist to issue a temporary medical assessment and rehabilitation driving permit to a person who is not licensed to drive or whose license has expired under the provisions of this chapter for the purpose of driver assessment, rehabilitation, and training.
(2) The temporary permit may be issued only to a person who is 16 years of age or older.
(3) The permit is valid for up to 6 weeks, beginning with the date of the first evaluation of the permitholder by the driver rehabilitation specialist. The driver rehabilitation specialist shall sign and date the permit at the time of the first evaluation.
(4) The permit is valid only when the permitholder is operating a motor vehicle under the immediate supervision of the driver rehabilitation specialist during the permitholder's participation in an actual in-vehicle evaluation process.
(5) The department may extend the duration of a medical assessment and rehabilitation permit for an additional 6-week period if the driver rehabilitation specialist, licensed physician, licensed physician assistant, or advanced practice registered nurse certifies that the permitholder needs additional time to complete the driver assessment, rehabilitation, and training process.
History: En. Sec. 2, Ch. 309, L. 1999; amd. Sec. 3, Ch. 242, L. 2007.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 1. Licensing Provisions › 61-5-122. Low-speed restricted driver's license

61-5-122. Low-speed restricted driver's license.
(1) The department may issue a low-speed restricted driver's license to a person who is physically or otherwise impaired in a manner and degree that prevent the person from safely operating a motor vehicle across the range of speeds permitted or required on a public highway.
(2) (a) To qualify for a low-speed restricted driver's license, an applicant shall submit to the department a medical evaluation or statement from a treating physician that attests to the person's impairment and resulting inability to safely operate a motor vehicle across the range of speeds permitted or required on a public highway.
(b) The applicant must be otherwise qualified for a driver's license under this chapter and shall apply for a driver's license under 61-5-107, pay the fees required in 61-5-111, and pass the vision test, the knowledge test, and the road test required under 61-5-110. The road test must be modified to conform to the operational limitations of the vehicle.
(3) The department may issue a low-speed restricted learner license, valid for 30 days from the date of issuance, to a person who qualifies for a low-speed restricted driver's license under this section and who passes the vision test and knowledge test required in 61-5-110. A licensee may operate a low-speed electric vehicle or golf cart pursuant to 61-8-378 while in the immediate possession of the license and accompanied by a licensed driver seated beside the licensee.
History: En. Sec. 2, Ch. 209, L. 2011; amd. Sec. 18, Ch. 323, L. 2017.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 1. Licensing Provisions › 61-5-125. Repealed

61-5-125. Repealed.
Sec. 26, Ch. 335, L. 2019.
History: En. Sec. 1, Ch. 74, L. 1987; amd. Sec. 13, Ch. 309, L. 1999; amd. Sec. 23, Ch. 428, L. 2005; amd. Sec. 4, Ch. 478, L. 2005; amd. Sec. 1, Ch. 246, L. 2011; amd. Sec. 19, Ch. 323, L. 2017.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 1. Licensing Provisions › 61-5-126. Providing information to selective service system

61-5-126. Providing information to selective service system.
At the request of the director of the selective service system, provided for in 50 App. U.S.C. 460, the department shall provide a list of persons born in specified years who are holders of driver's licenses for the exclusive purpose of ensuring compliance with the military draft registration requirements of the federal Military Selective Service Act (50 App. U.S.C. 451, et seq.). The department shall notify the persons that information regarding them was released to the selective service system. The department may not provide the selective service system with the social security or driver's license numbers of persons on the list for any purpose.
History: En. Sec. 2, Ch. 663, L. 1989; amd. Sec. 251, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 1. Licensing Provisions › 61-5-127. Providing list of licensed drivers and holders of Montana identification cards for jury selection purposes

61-5-127. Providing list of licensed drivers and holders of Montana identification cards for jury selection purposes.
(1) On the second Monday of April of each year, the department shall submit to the office of court administrator a list, prepared from the department's databases of licensed drivers and holders of Montana identification cards, showing the name, address, and date of birth of all licensed drivers and holders of Montana identification cards, authorized by 61-12-501, who are 18 years of age or older. The list must be compiled on a county-by-county basis and be further divided by the city of residence of the persons named on the list to enable the drawing of lists for city courts that are composed of only those residents living within a city's jurisdiction. The list must be provided for the exclusive purpose of making a list of persons to serve as trial jurors for the ensuing year.
(2) The list submitted by the department under subsection (1) must be certified by the attorney general or the attorney general's designee.
(3) The department may not provide the social security or driver's license numbers of persons on the list for any purpose.
History: En. Sec. 1, Ch. 441, L. 2003; amd. Sec. 5, Ch. 133, L. 2007; amd. Sec. 3, Ch. 24, L. 2017.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 1. Licensing Provisions › 61-5-128. Legislative direction to state agency to implement REAL ID Act

61-5-128. (Temporary) Legislative direction to state agency to implement REAL ID Act.
The state of Montana shall participate in the implementation of the REAL ID Act of 2005, Public Law 109-13. The department, including the motor vehicle division of the department, is directed to implement the provisions of the REAL ID Act of 2005. (Void on occurrence of contingency--sec. 8, Ch. 443, L. 2017.)
61-5-128. (Effective on occurrence of contingency) Legislative finding and direction to state agency not to implement REAL ID Act.
(1) The legislature finds that the enactment into law by the U.S. congress of the REAL ID Act of 2005, as part of Public Law 109-13, is inimical to the security and well-being of the people of Montana, will cause unneeded expense and inconvenience to those people, and was adopted by the U.S. congress in violation of the principles of federalism contained in the 10th amendment to the U.S. constitution.
(2) The state of Montana will not participate in the implementation of the REAL ID Act of 2005. The department, including the motor vehicle division of the department, is directed not to implement the provisions of the REAL ID Act of 2005 and to report to the governor any attempt by agencies or agents of the U.S. department of homeland security to secure the implementation of the REAL ID Act of 2005 through the operations of that division and department.
History: En. Sec. 1, Ch. 198, L. 2007; amd. Sec. 3, Ch. 443, L. 2017.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 1. Licensing Provisions › 61-5-129. REAL ID-compliant driver's license or identification card -- voluntary application

61-5-129. (Temporary) REAL ID-compliant driver's license or identification card -- voluntary application.
(1) The department shall issue a Montana driver's license or identification card that complies with the requirements of the federal REAL ID Act of 2005, Public Law 109-13, to each qualifying applicant.
(2) (a) When required to obtain a Montana driver's license or identification card, a person may choose to apply for either a standard driver's license or identification card, or for a REAL ID-compliant driver's license or REAL ID-compliant identification card.
(b) A person may not hold a valid standard driver's license or identification card and a valid REAL ID-compliant driver's license or identification card at the same time.
(3) (a) A REAL ID-compliant driver's license issued pursuant to this section is subject to the other requirements of obtaining, renewing, and using a standard driver's license issued pursuant to this chapter.
(b) A REAL ID-compliant identification card issued pursuant to this section is subject to the other requirements of obtaining, renewing, and using a standard identification card issued pursuant to Title 61, chapter 12, part 5, and this chapter.
(4) (a) In addition to the fees charged to apply for or renew a standard driver's license under 61-5-111(6) and the fees charged to apply for a standard identification card under 61-12-504, the department may charge the following additional fees
for a person who is applying for a REAL ID-compliant driver's license or identification card during or prior to a renewal period specified in 61-5-111(3)(c), the additional fee is $25.
(b) The fees collected under this subsection (4) must be deposited in the state special revenue fund to be used to fund the equipment and staffing necessary to provide REAL ID-compliant driver's licenses and identification cards. (Void on occurrence of contingency--sec. 8, Ch. 443, L. 2017.)
History: En. Sec. 1, Ch. 443, L. 2017; amd. Sec. 18, Ch. 566, L. 2021; amd. Sec. 14, Ch. 166, L. 2023.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 1. Licensing Provisions › 61-5-131. Purpose

61-5-131. Purpose.
The purpose of 61-5-131 through 61-5-135 is to create a graduated driver's licensing program that will allow persons under 18 years of age to progressively develop and improve their driving skills in the safest possible environment and that will improve highway safety by reducing the disproportionately high incidence of motor vehicle accidents involving minors.
History: En. Sec. 1, Ch. 297, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 1. Licensing Provisions › 61-5-134. Operation of motor vehicle by minor in violation of restricted first-year license -- penalty

61-5-134. Operation of motor vehicle by minor in violation of restricted first-year license -- penalty.
(1) A person whose driver's license is restricted under 61-5-133 may not operate a motor vehicle, including a motorcycle, in violation of a restriction imposed under that section.
(2) A person convicted under this section shall be ordered to perform not less than 20 hours or more than 60 hours of community service.
(3) Upon receipt of a report of a second or subsequent conviction under this section, the department shall suspend the person's driver's license for 6 months. A probationary driver's license may not be issued during the period of suspension.
History: En. Sec. 4, Ch. 297, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 1. Licensing Provisions › 61-5-135. Education on distracted driving

61-5-135. Education on distracted driving.
(1) The department, in consultation with the superintendent of public instruction, shall encourage schools providing traffic education to include in their traffic education curriculum information regarding the dangers of physical and cognitive distractions while driving.
(2) To reduce the risks for novice drivers, the department shall include in its publications intended for novice drivers information concerning the dangers of physical and cognitive distractions while driving, including but not limited to mental inattentiveness because of stress, fatigue, heightened emotion, conversation with passengers, stereo or climate control adjustment, food and drink, use of electronic devices, and personal grooming.
History: En. Sec. 5, Ch. 297, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 1. Licensing Provisions › 61-5-146. Limitations on issuance of hazardous materials endorsement to commercial driver's license -- security threat assessment

61-5-146. Limitations on issuance of hazardous materials endorsement to commercial driver's license -- security threat assessment.
(1) The department may not issue, transfer, or renew a hazardous materials endorsement for a person who holds a commercial driver's license unless it receives notice from the transportation security administration of the department of homeland security that:
(a) the person does not pose a security threat warranting denial of a hazardous materials endorsement;
(b) the person has been granted a waiver from the transportation security administration; or
(c) less than 4 years have elapsed since a favorable security threat assessment was performed in a former licensing jurisdiction.
(2) In addition to any requirements under this chapter and in accordance with the security threat assessment standards provided in 49 CFR, part 1572, an applicant who is seeking a hazardous materials endorsement shall:
(a) complete a separate application as prescribed by the transportation security administration;
(b) submit, as directed by the department, to a fingerprint-based background check by the transportation security administration; and
(c) pay to the agent of the transportation security administration the fees imposed under 49 CFR, part 1572, for collection and transmission of fingerprints and applicant information, processing of fingerprint identification records, and the security threat assessment and adjudication.
History: En. Sec. 1, Ch. 428, L. 2005; Sec. 61-5-220, MCA 2009; redes. 61-5-146 by Sec. 12, Ch. 296, L. 2011.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 1. Licensing Provisions › 61-5-147. Authority to revoke or remove hazardous materials endorsement

61-5-147. Authority to revoke or remove hazardous materials endorsement.
(1) If the transportation security administration of the department of homeland security informs the department that a person does not meet the standards for the security threat assessment provided in 49 CFR, part 1572, the department shall revoke the person's hazardous materials endorsement to a commercial driver's license. Revocation of the hazardous materials endorsement results in immediate withdrawal of the person's authority to transport hazardous material in commerce, but does not otherwise affect the person's commercial driver's license or any unrelated endorsements.
(2) A person whose hazardous materials endorsement has been revoked or removed under this section shall surrender the person's commercial driver's license to the department and apply for a replacement license, as provided in 61-5-114, that does not include the hazardous materials endorsement.
(3) Upon surrender of a hazardous materials endorsement by a person who is disqualified from holding a hazardous materials endorsement under 49 CFR, part 1572, the department shall note the removal of the hazardous materials endorsement on its records and on the commercial driver's license information system.
History: En. Sec. 2, Ch. 428, L. 2005; amd. Sec. 37, Ch. 428, L. 2005; amd. Sec. 4, Ch. 296, L. 2011; Sec. 61-5-221, MCA 2009; redes. 61-5-147 by Sec. 12, Ch. 296, L. 2011.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 1. Licensing Provisions › 61-5-150. Communication restrictions

61-5-150. Communication restrictions.
At the request of an applicant and if the applicant expresses to the department a personal communication limitation or other medical information that would be relevant to a peace officer during a traffic stop or to first responders during an emergency, the department may include an appropriate restriction on a license issued to the applicant.
History: En. Sec. 1, Ch. 381, L. 2021.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 1. Licensing Provisions › 61-5-151. Entry-level driver training -- requirements -- responsibilities of department of transportation

61-5-151. Entry-level driver training -- requirements -- responsibilities of department of transportation.
(1) The department of transportation:
(a) shall develop and implement an entry-level driver training program, including theory and behind-the-wheel training, that complies with federal requirements for class A and class B commercial driver's licenses, excluding endorsements;
(b) shall make available to the public the entry-level driver training program provided for in subsection (1)(a), which must be free of cost to Montana residents eligible to receive a commercial driver's license and must be available in each of the transportation commission districts established in 2-15-2502;
(c) may utilize various formats of entry-level driver trainings, including in-person training and asynchronous or synchronous virtual training; and
(d) may coordinate with other state agencies or organizations to develop and implement entry-level driver training.
(2) An entry-level driver training program developed by the department of transportation must include use of facilities, vehicles, and instructors sufficient to issue a commercial driver's license.
(3) The department of transportation may establish rules for the development and administration of an entry-level driver training program.
History: En. Sec. 1, Ch. 744, L. 2023; amd. Sec. 6, Ch. 744, L. 2023.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 2. Revocation, Suspension, or Cancellation of Licenses › 61-5-201. Authority of department to cancel license

61-5-201. Authority of department to cancel license.
(1) The department may cancel a driver's license if it has reasonable grounds to believe that:
(a) the licensee was not entitled to the issuance;
(b) since the issuance, the licensee has become ineligible as determined pursuant to the provisions of 61-5-105;
(c) the licensee failed to give the required or correct information in the licensee's application or committed any fraud in making the application; or
(d) the licensee has applied for another driver's license or an identification card issued by the department.
(2) Upon cancellation, the licensee shall surrender the canceled license to the department.
(3) A person whose driver's license is canceled because the person failed to give the required or correct information on the application or committed any fraud in making the application is disqualified from operating a commercial motor vehicle for a period of 60 days from the date of the cancellation.
History: En. Sec. 26, Ch. 267, L. 1947; amd. Sec. 1, Ch. 219, L. 1973; R.C.M. 1947, 31-142; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 19, Ch. 443, L. 1987; amd. Sec. 14, Ch. 195, L. 1993; amd. Sec. 24, Ch. 428, L. 2005; amd. Sec. 3, Ch. 686, L. 2023.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 2. Revocation, Suspension, or Cancellation of Licenses › 61-5-202. Cancellation of license upon death of person signing minor's application

61-5-202. Cancellation of license upon death of person signing minor's application.
The department upon receipt of satisfactory evidence of the death of the persons who signed the application of a minor for a license shall cancel such license and shall not issue a new license until such time as a new application, duly signed and verified, is made as required by this chapter. This provision shall not apply in the event the minor has attained the age of 18 years.
History: En. Sec. 17, Ch. 267, L. 1947; R.C.M. 1947, 31-133; amd. Sec. 1, Ch. 503, L. 1985.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 2. Revocation, Suspension, or Cancellation of Licenses › 61-5-203. Suspending privileges of nonresidents and unlicensed persons

61-5-203. Suspending privileges of nonresidents and unlicensed persons.
(1) The privilege of driving a motor vehicle on the highways of this state given to a nonresident pursuant to 61-5-104(2) through (4) is subject to suspension or revocation by the department in like manner and for like causes as a driver's license issued under this chapter.
(2) An unlicensed person's privilege to apply for and be issued a driver's license in this state is subject to suspension or revocation by the department in like manner and for like causes as a driver's license issued under this chapter.
History: En. Sec. 27, Ch. 267, L. 1947; R.C.M. 1947, 31-143(a); amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 20, Ch. 443, L. 1987; amd. Sec. 15, Ch. 195, L. 1993; amd. Sec. 2, Ch. 83, L. 2007.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 2. Revocation, Suspension, or Cancellation of Licenses › 61-5-204. Suspending resident's license upon conviction in another state

61-5-204. Suspending resident's license upon conviction in another state.
The department may suspend or revoke the driver's license of any resident of this state or the privilege of a nonresident to drive a motor vehicle in this state upon receiving notice of the conviction of the person in another jurisdiction of an offense in that jurisdiction which, if committed in this state, would be grounds for the suspension or revocation of the driver's license.
History: En. Sec. 28, Ch. 267, L. 1947; R.C.M. 1947, 31-144; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 21, Ch. 443, L. 1987; amd. Sec. 12, Ch. 378, L. 1989; amd. Sec. 16, Ch. 195, L. 1993.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 2. Revocation, Suspension, or Cancellation of Licenses › 61-5-205. Mandatory revocation or suspension of license upon certain convictions -- duration of action -- exceptions

61-5-205. Mandatory revocation or suspension of license upon certain convictions -- duration of action -- exceptions.
(1) The department shall revoke an individual's driver's license or driving privilege if the department receives notice from a court or another licensing jurisdiction that the individual has been convicted of any of the following offenses:
(a) negligent homicide resulting from the operation of a motor vehicle;
(b) any felony in the commission of which a motor vehicle is used;
(c) failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another;
(d) perjury or the making of a false affidavit or statement under oath to the department under this chapter or under any other law relating to the ownership or operation of motor vehicles;
(e) fleeing from or eluding a peace officer; or
(f) negligent vehicular assault as defined in 45-5-205 involving a motor vehicle.
(2) The department shall suspend an individual's driver's license or driving privilege if the department receives notice from a court or another licensing jurisdiction that the individual has been convicted of any of the following offenses:
(a) a driving offense under 61-8-1002;
(b) three reckless driving offenses committed within a period of 12 months; or
(c) a theft offense under 45-6-301 if the theft consisted of theft of motor vehicle fuel and a motor vehicle was used in the commission of the offense.
(3) A revocation under subsections (1)(a), (1)(b), and (1)(d) through (1)(f) must be for a period of 1 year. A revocation under subsection (1)(c) must be for a period of 2 years if the offender received a felony conviction under 61-7-103.
(4) (a) Except as provided in subsections (4)(b) and (4)(c), a suspension under subsection (2) must be for a period of 1 year.
(b) A suspension under subsection (2)(a) must be for the period set forth in 61-5-208.
(c) A suspension under subsection (2)(c) must be for one of the following periods:
(i) 30 days for a first offense;
(ii) 6 months for a second offense; and
(iii) 1 year for a third or subsequent offense.
History: En. Sec. 30, Ch. 267, L. 1947; amd. Sec. 1, Ch. 192, L. 1957; amd. Sec. 1, Ch. 125, L. 1961; amd. Sec. 2, Ch. 155, L. 1969; amd. Sec. 47, Ch. 359, L. 1977; amd. Sec. 2, Ch. 430, L. 1977; R.C.M. 1947, 31-146; amd. Sec. 1, Ch. 698, L. 1983; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 22, Ch. 443, L. 1987; amd. Sec. 2, Ch. 612, L. 1987; amd. Sec. 1, Ch. 335, L. 1989; amd. Sec. 17, Ch. 195, L. 1993; amd. Sec. 1, Ch. 224, L. 2001; amd. Sec. 3, Ch. 563, L. 2001; amd. Sec. 2, Ch. 379, L. 2003; amd. Secs. 3, 15(1), Ch. 556, L. 2003; amd. Sec. 1, Ch. 145, L. 2007; amd. Sec. 3, Ch. 149, L. 2011; amd. Sec. 8, Ch. 153, L. 2013; amd. Sec. 32, Ch. 498, L. 2021.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 2. Revocation, Suspension, or Cancellation of Licenses › 61-5-206. Authority of department to suspend or revoke license or driving privilege -- right to hearing

61-5-206. Authority of department to suspend or revoke license or driving privilege -- right to hearing.
(1) The department may suspend or revoke the driver's license or driving privilege of a driver without preliminary hearing upon a showing by its records or other sufficient evidence that the licensee:
(a) has committed or permitted an unlawful or fraudulent use of the license as specified in 61-5-302;
(b) has falsified the licensee's date of birth on the application for a driver's license;
(c) is under 21 years of age and has altered the licensee's or another's driver's license, identification card, or tribal identification card to obtain alcohol; or
(d) has authorized another to use the licensee's driver's license, identification card, or tribal identification card to obtain alcohol.
(2) If the department suspends or revokes a driver's license under 61-5-207 or this section or reinstates a license suspension or revocation upon conviction or forfeiture of bail not vacated of any traffic violation by a person who holds a probationary driver's license under 61-2-302, the department shall immediately notify the licensee in writing and upon the licensee's request shall afford the licensee an opportunity for a hearing as early as practical, within 20 days after receipt of the request, in the county in which the licensee resides unless the department and the licensee agree that the hearing may be held in some other county. At the hearing, the department through its authorized agent may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the licensee. At the hearing, the department shall either rescind its order of suspension or revocation or, for good cause, may affirm, reduce, or extend the period of suspension or revocation of the license.
History: En. Sec. 31, Ch. 267, L. 1947; amd. Sec. 1, Ch. 101, L. 1961; amd. Sec. 1, Ch. 137, L. 1969; R.C.M. 1947, 31-147; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 1, Ch. 244, L. 1987; amd. Sec. 23, Ch. 443, L. 1987; amd. Sec. 1, Ch. 471, L. 1991; amd. Sec. 18, Ch. 195, L. 1993; amd. Sec. 2, Ch. 218, L. 2001; amd. Sec. 4, Ch. 556, L. 2003; amd. Sec. 115, Ch. 596, L. 2005; amd. Sec. 10, Ch. 180, L. 2007; amd. Sec. 21, Ch. 323, L. 2017.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 2. Revocation, Suspension, or Cancellation of Licenses › 61-5-207. Reexamination or medical evaluation -- when required

61-5-207. Reexamination or medical evaluation -- when required.
(1) If the department receives reliable evidence that a licensed driver lacks the ability to exercise ordinary and reasonable control in the safe operation of a motor vehicle on the highway, the department may, upon written notice of at least 5 days to the licensee, require the licensee to obtain a medical evaluation from a licensed physician, licensed physician assistant, or advanced practice registered nurse, as defined in 37-8-102, or submit to one or more tests customarily conducted by the department for licensure under 61-5-110.
(2) Upon the review of a medical evaluation, the conclusion of testing, or both, the department may:
(a) impose restrictions on the license, as provided in 61-5-113, that are appropriate to the licensee's acknowledged or demonstrated functional abilities;
(b) suspend the license indefinitely based upon a licensee's inability to exercise ordinary and reasonable control in the safe operation of a motor vehicle on the highway; or
(c) take no action modifying the license or placing restrictions on the licensee.
(3) The age of a licensee, by itself, does not constitute evidence of a condition requiring a reexamination or a medical evaluation.
(4) A suspension under this section continues in effect until evidence satisfactory to the department establishes that the licensee has regained the ability to exercise ordinary and reasonable control in the safe operation of a motor vehicle on a highway.
(5) Refusal or neglect of the licensee to obtain a medical evaluation from a licensed physician, licensed physician assistant, or advanced practice registered nurse or submit to testing as required by the department is grounds for suspension of the person's license.
History: En. Sec. 32, Ch. 267, L. 1947; R.C.M. 1947, 31-148; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 24, Ch. 443, L. 1987; amd. Sec. 3, Ch. 419, L. 1991; amd. Sec. 19, Ch. 195, L. 1993; amd. Sec. 14, Ch. 309, L. 1999; amd. Sec. 4, Ch. 242, L. 2007.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 2. Revocation, Suspension, or Cancellation of Licenses › 61-5-209. Surrender and return of license upon suspension or revocation

61-5-209. Surrender and return of license upon suspension or revocation.
When the department suspends or revokes a license, it shall require that the license be surrendered to and be retained by the department except that at the end of the period of suspension, the surrendered license must be returned to the licensee.
History: En. Sec. 34, Ch. 267, L. 1947; R.C.M. 1947, 31-150; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 26, Ch. 443, L. 1987; amd. Sec. 21, Ch. 195, L. 1993.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 2. Revocation, Suspension, or Cancellation of Licenses › 61-5-210. No operation under foreign license during suspension or revocation in this state

61-5-210. No operation under foreign license during suspension or revocation in this state.
A resident or nonresident whose license or right or privilege to operate a motor vehicle or commercial motor vehicle in this state has been suspended or revoked as provided in this chapter may not operate a motor vehicle or commercial motor vehicle in this state under a license, permit, or registration certificate issued by any other jurisdiction or otherwise during the suspension or after the revocation until a new license is obtained under this chapter.
History: En. Sec. 35, Ch. 267, L. 1947; R.C.M. 1947, 31-151; amd. Sec. 27, Ch. 443, L. 1987; amd. Sec. 22, Ch. 195, L. 1993.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 2. Revocation, Suspension, or Cancellation of Licenses › 61-5-211. Right of appeal to court

61-5-211. Right of appeal to court.
A person denied a driver's license or whose license has been canceled, suspended, or revoked by the department except when the cancellation or revocation is mandatory under the provisions of this chapter may file a petition within 30 days after the denial, cancellation, suspension, or revocation for a hearing in the matter in the district court in the county in which the person resides. The court has jurisdiction and it shall set the matter for hearing upon 30 days' written notice to the department, and shall take testimony and examine the facts of the case and determine whether the petitioner is entitled to a driver's license or is subject to suspension, cancellation, or revocation of the license under the provisions of this chapter.
History: En. Sec. 36, Ch. 267, L. 1947; R.C.M. 1947, 31-152; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 28, Ch. 443, L. 1987; amd. Sec. 23, Ch. 195, L. 1993.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 2. Revocation, Suspension, or Cancellation of Licenses › 61-5-213. Conviction defined

61-5-213. Conviction defined.
For the purposes of parts 1 through 3 of this chapter, part 8 of chapter 8, chapter 11, and as it relates to any state or local law regulating the operation of a motor vehicle on highways or mandating the revocation or suspension of a driver's license or driving privilege, the term "conviction" means:
(1) a plea of guilty or nolo contendere accepted by the court;
(2) an adjudication of guilt that has not been vacated by the appropriate court;
(3) a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal;
(4) a forfeiture of bail or collateral deposited to secure the person's appearance in court that has not been vacated;
(5) the payment of a fine or court cost, regardless of whether it is suspended or rebated; or
(6) the violation of a condition of release without bail, regardless of whether the condition is imposed as part of probation.
History: En. Sec. 29, Ch. 267, L. 1947; amd. Sec. 1, Ch. 165, L. 1957; amd. Sec. 1, Ch. 27, L. 1961; amd. Sec. 1, Ch. 386, L. 1973; amd. Sec. 3, Ch. 430, L. 1977; R.C.M. 1947, 31-145(c); amd. Sec. 1, Ch. 369, L. 1991; amd. Sec. 25, Ch. 428, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 2. Revocation, Suspension, or Cancellation of Licenses › 61-5-214. Mandatory suspension for failure to appear or comply with criminal sentence -- administrative fee -- notice

61-5-214. Mandatory suspension for failure to appear or comply with criminal sentence -- administrative fee -- notice.
(1) The department shall suspend the driver's license or driving privilege of a person upon receipt of a report from the court, certified under penalty of law and in a form prescribed by the department, that the person:
(a) failed to appear upon an issued complaint, summons, or court order after being charged with a misdemeanor violation under Title 45 or Title 61, chapters 3 through 10, or after posting a driver's license in lieu of bail as provided in 46-9-401(1)(e); or
(b) failed to comply with a sentence imposed pursuant to 46-18-201.
(2) The suspension continues in effect until the court notifies the department that:
(a) the person has either appeared in court or complied with the sentence imposed pursuant to 46-18-201; and
(b) the person has paid the court an administrative fee of $25 if the court was holding the offender's driver's license in lieu of bail under 44-1-1102, 46-9-302, or 46-9-401.
(3) (a) Before a report is submitted under this section, a person must be given written notice that the failure to appear on a criminal charge or comply with a criminal sentence may result in the suspension of the person's driver's license or driving privilege. Initial notice of the possibility of a license suspension must either be included on the summons or complaint and notice to appear form given to the person when charges are initially filed or be contained in a court order, either hand-delivered to the person while in court or sent by certified mail, postage prepaid, to the most current address for that person received by or on record with the court.
(b) The initial notice must be followed by a written warning from the court, sent by first-class mail, advising the person that a license suspension is imminent unless, by a specified date, the failure to appear or comply is remedied or the person appears before the court to contest the impending license suspension.
(4) The court shall deposit any administrative fee received under subsection (2)(b) in the appropriate county or city general fund.
History: En. Sec. 1, Ch. 442, L. 1987; amd. Sec. 68, Ch. 83, L. 1989; amd. Sec. 1, Ch. 263, L. 1989; amd. Sec. 1, Ch. 441, L. 1995; amd. Sec. 2, Ch. 437, L. 2003; amd. Sec. 5, Ch. 465, L. 2003; amd. Sec. 3, Ch. 360, L. 2009; amd. Sec. 2, Ch. 348, L. 2019.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 2. Revocation, Suspension, or Cancellation of Licenses › 61-5-215. Provisional licenses prohibited

61-5-215. Provisional licenses prohibited.
A provisional, restricted, or probationary license may not be issued upon a suspension under 61-5-214.
History: En. Sec. 2, Ch. 442, L. 1987; amd. Sec. 2, Ch. 133, L. 2003; amd. Sec. 6, Ch. 465, L. 2003.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 2. Revocation, Suspension, or Cancellation of Licenses › 61-5-216. Reinstatement of license

61-5-216. Reinstatement of license.
Upon receipt of notification from the court that the operator has appeared or posted the bond and has paid the administrative fee required under 61-5-214 and if the reinstatement fee required under 61-2-107 or 61-5-218 has been paid, the department shall reinstate the license unless the operator otherwise is not entitled to reinstatement.
History: En. Sec. 3, Ch. 442, L. 1987; amd. Sec. 69, Ch. 83, L. 1989; amd. Sec. 3, Ch. 133, L. 2003; amd. Secs. 7, 8, Ch. 465, L. 2003; amd. Sec. 3, Ch. 348, L. 2019.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 2. Revocation, Suspension, or Cancellation of Licenses › 61-5-217. Suspending privileges of persons under 18 years of age

61-5-217. Suspending privileges of persons under 18 years of age.
The privilege of driving a motor vehicle on the highways of this state given to a person under the age of 18 is subject to suspension or revocation by the department in like manner and for like causes as an adult.
History: En. Sec. 2, Ch. 484, L. 1987.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 2. Revocation, Suspension, or Cancellation of Licenses › 61-5-218. License reinstatement fee following license suspension or revocation

61-5-218. License reinstatement fee following license suspension or revocation.
(1) Except as provided in subsection (2), a person whose driver's license, other than a commercial driver's license, or driving privilege has been suspended or revoked shall pay a reinstatement fee of $100 to the department to have the driver's license or driving privilege reinstated.
(2) (a) A person whose driver's license or driving privilege was suspended or revoked under 61-8-1016 shall pay a reinstatement fee as required by 61-2-107.
(b) A driver's license or driving privilege that was suspended or revoked under 61-5-207 must be reinstated without payment of a reinstatement fee.
(c) The reinstatement fee required under subsection (1) must be waived by the department when a court notifies the department that the person has satisfied the requirements of 61-5-214(2) and the court has determined that the person is indigent under the standards set forth in 47-1-111.
(3) The department shall deposit the fees collected under subsection (1) in the general fund.
History: En. Sec. 1, Ch. 133, L. 2003; amd. Sec. 4, Ch. 360, L. 2009; amd. Sec. 35, Ch. 498, L. 2021.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 2. Revocation, Suspension, or Cancellation of Licenses › 61-5-219. Discount on license reinstatement fee -- completion of driver rehabilitation program

61-5-219. Discount on license reinstatement fee -- completion of driver rehabilitation program.
(1) A person who submits a certificate of completion from a department-approved driver rehabilitation program must receive a 50% reduction on the license reinstatement fee due under 61-2-107 or 61-5-218.
(2) For purposes of this section, a driver rehabilitation program may be approved by the department if the program provider annually certifies to the department that the provider's program:
(a) provides a participant with a minimum of 4 hours of instruction on Montana driving laws, the importance of positive driving attitudes and habits, defensive driving techniques, and the responsible use of drugs and alcohol;
(b) includes preinstruction and postinstruction testing of each participant;
(c) provides a certificate of completion to each person who successfully completes the program; and
(d) reports to the department, in a timely manner, the name, date of birth, and driver's license number of each person to whom the provider has issued a certificate of completion.
History: En. Sec. 14, Ch. 556, L. 2003.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 2. Revocation, Suspension, or Cancellation of Licenses › 61-5-231. Authorization of probationary license by DUI court

61-5-231. Authorization of probationary license by DUI court.
(1) If a person convicted of a second or subsequent misdemeanor offense of driving under the influence of alcohol or drugs under 61-8-1002(1)(a), (1)(b), (1)(c), (1)(d), or (1)(e), driving with excessive alcohol concentration under 61-8-1002, or aggravated driving under the influence as defined in 61-8-1001 is participating in a DUI court as defined in 61-8-1001, the court may, in the court's discretion, authorize a probationary driver's license for the participant subject to 61-8-1010 and any other conditions imposed within the scope of the court's authority.
(2) If the participant fails to comply with the court's conditions, the court may revoke the probationary driver's license and impose a driver's license suspension for the time period established pursuant to 61-5-208 commencing from the date of the court's revocation of the probationary license.
History: En. Sec. 1, Ch. 149, L. 2011; amd. Sec. 11, Ch. 153, L. 2013; amd. Sec. 4, Ch. 424, L. 2015; amd. Sec. 36, Ch. 498, L. 2021.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 2. Revocation, Suspension, or Cancellation of Licenses › 61-5-232. Restricted-use driving permit -- conditions -- definitions

61-5-232. Restricted-use driving permit -- conditions -- definitions.
(1) A person who, pursuant to 61-5-105(2), may not be issued a driver's license due to an ineligible status reported by another state to the national driver register may petition the district court of the county in which the person resides for a restricted-use driving permit for use only within the state of Montana if:
(a) the person has maintained continuous residence in Montana for at least 5 years and is not otherwise ineligible for a license under 61-5-105;
(b) the person submits a certified driving record from the licensing agency of each state that has reported the person's status as ineligible to the national driver register that shows that at least 5 years have elapsed from the effective date of the most recent withdrawal of the person's driver's license or driving privileges by the other state or states;
(c) for the 5-year period immediately preceding application for a restricted-use driving permit, the person has not been convicted in any jurisdiction of a felony or misdemeanor offense;
(d) the person certifies that no traffic citations or alcohol-related or drug-related criminal charges are currently pending against the person;
(e) the person certifies that a good faith effort was made to resolve the person's ineligible status through the licensing agency of each state or states that reported the person's status as ineligible to the national driver register, including the payment of any pending fees or fines; and
(f) the person provides any other information required by department rule.
(2) The department may issue a restricted-use driving permit only to a person who satisfies all of the requirements of this section as determined by a district court pursuant to subsection (1). A person who is issued a restricted-use driving permit may use it only for an essential driving purpose as defined by the department.
(3) For purposes of this section, the following definitions apply:
(a) "Most recent withdrawal" means the suspension, revocation, or denial of a driver's license or driving privilege underlying a current ineligible status report made by another state's licensing agency to the national driver register.
(b) "National driver register" means the registry established under 49 U.S.C. 30302.
(c) "Restricted-use driving permit" means a paper document authorizing a person to drive within this state for essential driving purposes only and that is issued by the department to a person whose status on the national driver register is reported as ineligible to operate a motor vehicle other than a commercial motor vehicle.
History: En. Sec. 1, Ch. 358, L. 2015; amd. Sec. 17, Ch. 335, L. 2019.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 3. Miscellaneous Provisions › 61-5-301. Indication on driver's license or identification card of intent to make anatomical gift or of living will declaration

61-5-301. Indication on driver's license or identification card of intent to make anatomical gift or of living will declaration.
(1) An application furnished by the department for the issuance or renewal of a driver's license under this chapter or for the issuance of an identification card under Title 61, chapter 12, part 5, must include spaces for indicating when the licensee has:
(a) executed a document under 72-17-201 of intent to make a gift of all or part of the driver's body under the Uniform Anatomical Gift Act; or
(b) executed a declaration under 50-9-103 relating to the use of life-sustaining treatment.
(2) The department shall provide each applicant, when applying for or renewing a driver's license or when applying for an identification card, printed information calling the applicant's attention to the provisions of this section. Each applicant must be asked orally if the applicant wishes to make an anatomical gift and if the applicant has executed the declaration under 50-9-103 relating to the use of life-sustaining treatment.
(3) Each applicant must be given an opportunity to indicate in the spaces provided under subsection (1) the applicant's intent to make an anatomical gift or that the applicant has executed the declaration under 50-9-103 relating to the use of life-sustaining treatment.
(4) The department shall issue to each applicant who indicates an intent to make an anatomical gift a statement that, when signed by the licensee in the manner prescribed in 72-17-201, constitutes a document of anatomical gift. If an applicant signs a statement under this subsection, a symbol indicating that the donor has made an anatomical gift must be imprinted on the face of the donor's driver's license or identification card.
(5) The department shall electronically transfer the information of all persons who volunteer, upon application for a driver's license or an identification card, to donate organs or tissue to the organ and tissue donation registry created in 72-17-105 and 72-17-106 and any subsequent changes to the applicant's donor status.
History: En. 31-135.1 by Sec. 1, Ch. 28, L. 1977; R.C.M. 1947, 31-135.1; amd. Sec. 2, Ch. 459, L. 1985; amd. Sec. 1, Ch. 204, L. 1987; amd. Sec. 30, Ch. 443, L. 1987; amd. Sec. 2, Ch. 540, L. 1989; amd. Sec. 3, Ch. 230, L. 2003; amd. Sec. 1, Ch. 296, L. 2005; amd. Sec. 2, Ch. 194, L. 2013.