reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 4. Miscellaneous Regulations › 61-9-415. Slow-moving vehicles

61-9-415. Slow-moving vehicles.
(1) It is unlawful for a person to operate on a state highway, a farm, rural, or county road, or a city street of this state a slow-moving vehicle or equipment, an animal-drawn vehicle, or any other machinery, including all road construction or maintenance machinery, except when engaged in actual construction or maintenance work either guarded by a flag person, as defined in 61-8-102, or clearly visible warning signs, that normally travels or is normally used at a speed of less than 25 miles an hour, unless there is displayed on the rear of the vehicle an emblem as provided in subsection (2). The requirement of the emblem is in addition to any lighting devices required by law.
(2) The emblem required by subsection (1) must be of substantial construction and must be a based-down equilateral triangle of fluorescent yellow-orange film or equivalent quality paint with a base of 14 inches and a height of 12 inches. The triangle must be bordered with reflective red strips having a minimum width of 1 3/4 inches, with the vertices of the overall triangle truncated so that the remaining height is a minimum of 14 inches. The emblem must be mounted on the rear of the vehicle near the horizontal geometric center of the vehicle at a height of 3 to 5 feet above the roadway and must be maintained in a clean, reflective condition.
(3) In addition to the requirements in subsection (2), on a highway that has only two lanes for traffic moving in opposite directions, when an overtaking vehicle being operated in conformity with 61-8-303 does not have a clear lane for passing as required by 61-8-325, the driver of a slower-moving, overtaken vehicle shall, at the first opportunity and when a safe turnout exists, move the overtaken vehicle off the main-traveled portion of the highway until the overtaking vehicle is safely clear of the overtaken vehicle.
(4) On an interstate highway or on any other four-lane highway, a slow-moving vehicle, subject to the requirements of this section, must be driven in the right lane as far to the right as possible, including the shoulder of the highway.
History: En. Sec. 127, Ch. 263, L. 1955; amd. Sec. 1, Ch. 247, L. 1969; R.C.M. 1947, 32-21-130(b), (c), (e); amd. Sec. 34, Ch. 431, L. 1997; amd. Sec. 1, Ch. 449, L. 1999; amd. Sec. 222, Ch. 542, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 4. Miscellaneous Regulations › 61-9-417. Headgear required for minor motorcycle riders

61-9-417. Headgear required for minor motorcycle riders.
(1) (a) Except as provided in subsection (1)(b), an operator and passenger under 18 years of age of a motorcycle or quadricycle operated on the streets or highways of this state shall wear protective headgear on the head. The headgear must meet standards established by the department of justice.
(b) This section does not apply to an operator and passenger of an autocycle as defined in 61-1-101 that is completely enclosed with a windshield, nonremovable doors, and a roof.
(2) A person may not operate a motorcycle upon a highway in the state unless all passengers under 18 years of age are in compliance with subsection (1).
History: En. Sec. 1, Ch. 398, L. 1973; amd. Sec. 1, Ch. 179, L. 1974; amd. Sec. 1, Ch. 273, L. 1974; amd. Sec. 1, Ch. 54, L. 1977; R.C.M. 1947, 32-21-105.1(1); amd. Sec. 45, Ch. 516, L. 1985; amd. Sec. 36, Ch. 431, L. 1997; amd. Sec. 1, Ch. 654, L. 2023.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 4. Miscellaneous Regulations › 61-9-418. Motorcycle and quadricycle noise suppression devices -- motorcycle and quadricycle spark arrester

61-9-418. Motorcycle and quadricycle noise suppression devices -- motorcycle and quadricycle spark arrester.
(1) All motorcycles or quadricycles operated on the streets and highways of this state must be equipped at all times with noise suppression devices, including an exhaust muffler, in good working order and in constant operation. In addition, all motorcycles and quadricycles operating on streets and highways must meet the following noise decibel limitations, on the standard A scale, to be measured at 50 feet from the closest point to the motorcycle or quadricycle:
(a) any cycle manufactured prior to 197092 db(A)
(b) any cycle manufactured after 1969 but prior to 197388 db(A)
(c) any cycle manufactured after 1972 but prior to 197586 db(A)
(d) any cycle manufactured after 1974 but prior to 197880 db(A)
(e) any cycle manufactured after 1977 but prior to 198875 db(A)
(f) any cycle manufactured after 198770 db(A)
(2) (a) Except as provided in subsection (2)(b), a motorcycle or quadricycle may be operated off of a highway on public lands only if the motorcycle's or quadricycle's noise emissions do not exceed 96 db(A), using test procedures established by the society of automotive engineers under standard J-1287.
(b) The noise limitations in subsection (2)(a) do not apply to motorcycles or quadricycles that are operated for special events permitted on closed courses by a state entity or local government.
(c) A motorcycle or quadricycle may not be operated off of a highway unless it is equipped with an adequate spark arrester to prevent the escape of sparks or other burning material from the motorcycle's or quadricycle's engine.
History: En. Sec. 1, Ch. 398, L. 1973; amd. Sec. 1, Ch. 179, L. 1974; amd. Sec. 1, Ch. 273, L. 1974; amd. Sec. 1, Ch. 54, L. 1977; R.C.M. 1947, 32-21-105.1(2); amd. Sec. 46, Ch. 516, L. 1985; amd. Sec. 1, Ch. 105, L. 2007.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 4. Miscellaneous Regulations › 61-9-419. "Properly restrained" defined

61-9-419. "Properly restrained" defined.
As used in 61-9-420 through 61-9-423, "properly restrained" means fastened in a manner prescribed by the manufacturer of the system that permits the system to act as a body restraint, but does not mean a system in which the only body restraint is a safety belt of the type required by 61-9-409.
History: En. Sec. 1, Ch. 177, L. 1983; amd. Sec. 37, Ch. 431, L. 1997.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 4. Miscellaneous Regulations › 61-9-420. Child safety restraint systems -- standards -- exemptions

61-9-420. Child safety restraint systems -- standards -- exemptions.
(1) Each motor vehicle passenger who is under 6 years of age and weighs less than 60 pounds must be transported and properly restrained in a child safety restraint. The child safety restraint must be appropriate for the height and weight of the child as indicated by manufacturer standards.
(2) The department shall by rule establish standards in compliance with 61-9-419 through 61-9-423 and applicable federal standards for approved types of child safety restraint systems.
(3) The department may by rule exempt from the requirements of subsection (1) a child who because of a physical or medical condition or body size cannot be placed in a child safety restraint.
History: En. Sec. 2, Ch. 177, L. 1983; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 38, Ch. 431, L. 1997; amd. Sec. 1, Ch. 407, L. 2003; amd. Sec. 1, Ch. 280, L. 2011; amd. Sec. 1, Ch. 100, L. 2021.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 4. Miscellaneous Regulations › 61-9-421. Certain vehicles exempt

61-9-421. Certain vehicles exempt.
Section 61-9-420 is not applicable to a vehicle that:
(1) is a motorbus, schoolbus, taxicab, moped, quadricycle, or motorcycle or is not required to be equipped with safety belts under 49 CFR 571 as it reads on January 1, 1984; or
(2) has a seating capacity as designated by the manufacturer of two persons and there are two persons 4 years of age or older in the vehicle.
History: En. Sec. 3, Ch. 177, L. 1983; amd. Sec. 47, Ch. 516, L. 1985.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 4. Miscellaneous Regulations › 61-9-422. Evidence admissible without presumption of negligence

61-9-422. Evidence admissible without presumption of negligence.
Evidence of compliance or failure to comply with 61-9-420 is admissible in any civil action for personal injury or property damage resulting from the use or operation of a motor vehicle, but failure to comply with 61-9-420 does not alone constitute negligence.
History: En. Sec. 4, Ch. 177, L. 1983.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 4. Miscellaneous Regulations › 61-9-423. Penalty

61-9-423. Penalty.
(1) Except as provided in subsection (2), violation of 61-9-420 is punishable by a fine of not more than $100.
(2) The fine provided for in subsection (1) must be waived if proof of acquisition of an appropriate child safety restraint is presented within 7 days of the violation to the office of the charging officer and there has been no previous dismissal of a violation of 61-9-420 under this subsection.
History: En. Sec. 5, Ch. 177, L. 1983; amd. Sec. 1, Ch. 161, L. 1985; amd. Sec. 39, Ch. 431, L. 1997; amd. Sec. 2, Ch. 280, L. 2011.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 4. Miscellaneous Regulations › 61-9-426. Air-conditioning equipment -- use of flammable refrigerant prohibited

61-9-426. Air-conditioning equipment -- use of flammable refrigerant prohibited.
(1) Air-conditioning equipment must be maintained with due regard for the safety of the occupants of the vehicle, service technicians, and the public.
(2) Air-conditioning equipment may contain only refrigerant that has been included in the list published by the United States environmental protection agency as a safe alternative motor vehicle air-conditioning substitute for chlorofluorocarbon-12 pursuant to 42 U.S.C. 7671k(c).
(3) A person may not equip or maintain a motor vehicle or special mobile equipment with air-conditioning equipment or refrigerants that do not comply with the requirements of this section.
(4) As used in 61-9-427 and this section, "air-conditioning equipment" means mechanical, belt-driven, vapor compression refrigerant equipment that is used to cool the driver's compartment or passenger compartment of a motor vehicle or special mobile equipment.
History: En. Sec. 1, Ch. 418, L. 2003; amd. Sec. 223, Ch. 542, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 4. Miscellaneous Regulations › 61-9-427. Air-conditioning equipment -- sale prohibited

61-9-427. Air-conditioning equipment -- sale prohibited.
(1) Refrigerant not allowed to be used pursuant to 61-9-426 may not be sold for use in motor vehicles in Montana.
(2) Motor vehicles and special mobile equipment with air-conditioning equipment that has refrigerants not allowed in 61-9-426, if installed prior to April 18, 2003, are not subject to any penalties provided for under Title 61, chapter 9.
History: En. Sec. 2, Ch. 418, L. 2003.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 4. Miscellaneous Regulations › 61-9-428. Window tinting and sunscreening -- waiver -- conditions

61-9-428. Window tinting and sunscreening -- waiver -- conditions.
The highway patrol or a local law enforcement agency may grant a waiver of the standards of 61-9-405(4) for reasons of safety or security or for medical reasons based on an affidavit signed by a licensed physician, licensed physician assistant, or advanced practice registered nurse, as defined in 37-8-102. The waiver must be in writing and must include the vehicle identification number, registration number, or other description to clearly identify the motor vehicle to which the waiver applies and the date issued, the name of the owner of the vehicle, the reason for granting the waiver, the dates the waiver is effective, and the signature of the law enforcement officer granting the waiver. The highway patrol or the local law enforcement agency shall keep a copy of the waiver until the waiver expires.
History: En. Sec. 2, Ch. 777, L. 1991; amd. Sec. 5, Ch. 242, L. 2007.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 4. Miscellaneous Regulations › 61-9-429. Window tinting and sunscreening -- penalty

61-9-429. Window tinting and sunscreening -- penalty.
(1) A person who owns or operates a motor vehicle in violation of 61-9-405(4) is guilty of a misdemeanor and is punishable as provided in 46-18-212.
(2) A person who applies a sunscreening material or a glass-plastic glazing material in a manner that results in a motor vehicle having a window that violates the requirements of 61-9-405(4) is guilty of a misdemeanor and is punishable as provided in 46-18-212.
History: En. Sec. 3, Ch. 777, L. 1991.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 4. Miscellaneous Regulations › 61-9-430. Bumpers

61-9-430. Bumpers.
(1) A motor vehicle of less than 10,000 pounds gross vehicle weight or rating registered in Montana, except a motorcycle, a quadricycle, a motor-driven cycle, or a farm tractor, must be equipped with a front bumper and, unless the vehicle is equipped with work-performing features that make installation impractical or unnecessary, with a rear bumper.
(2) This section does not apply to a street rod, as defined in 61-1-101, vehicles not originally equipped with front or rear bumpers, or vehicles for which bumpers were not required by federal law or regulation at the time of manufacture.
History: En. Sec. 40, Ch. 431, L. 1997; amd. Sec. 8, Ch. 458, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 4. Miscellaneous Regulations › 61-9-431. Use of warning signs, flares, reflectors, lanterns, and flag persons

61-9-431. Use of warning signs, flares, reflectors, lanterns, and flag persons.
(1) The operator of a commercial tow truck, in compliance with the requirements of 61-8-906 and 61-8-907, shall, when rendering assistance at a hazard on the highway that necessitates the obstruction of a portion or all of the roadway exclusive of the berm or shoulder, place at least two warning signs as required in this section as soon as is practicable under the circumstances. Flag persons and cones may be used to augment the warning signs.
(2) Highway warning signs must be of a uniform type, with dimensions of 3 x 3 feet, lettering 5 inches high, and reflectorized orange or reflectorized fluorescent pink background and black border, as prescribed by the department. The signs must be designed to be visible both during the day and at night. The warning signs must bear the words "accident ahead", "emergency vehicle ahead", "lane closed ahead", "road closed ahead", "wreck ahead", "tow truck ahead", or "wrecker ahead", as prescribed by the department.
(3) The operator of a commercial tow truck used for the purpose of rendering assistance at a hazard on the highway that necessitates the obstruction of a portion of the roadway shall place a highway warning sign as required in subsection (2):
(a) in an area in which the posted speed limit is 45 miles an hour or less, not less than 600 feet in advance of the hazard and an equal distance to the rear of the hazard; and
(b) in an area in which the posted speed limit is more than 45 miles an hour or no speed limit is posted, 1,000 feet in advance of the hazard, except on a divided highway where the hazard does not cause disruption of traffic traveling on the opposite side of the divided highway, and an equal distance to the rear of the hazard.
(4) A local government unit may adopt an ordinance exempting an operator of a commercial tow truck from the requirements of subsection (2) within the limits of an incorporated city or town.
(5) When a hazard exists on the highway during the hours of darkness, the operator of a commercial tow truck called to render assistance shall place warning signs upon the highway as prescribed in this section and shall also place at least one red flare, red lantern, or warning light or reflector in close proximity to each warning sign.
(6) A violation of warning signs placed as provided in subsection (3) is considered reckless endangerment of a highway worker, as provided in 61-8-389(2), and is punishable as provided in 61-8-715.
History: En. Sec. 7, Ch. 520, L. 1999; amd. Sec. 48, Ch. 352, L. 2003; amd. Sec. 6, Ch. 379, L. 2003; amd. Sec. 1, Ch. 113, L. 2013; amd. Sec. 11, Ch. 567, L. 2023.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 4. Miscellaneous Regulations › 61-9-432. Low-speed and medium-speed electric vehicles -- required equipment

61-9-432. Low-speed and medium-speed electric vehicles -- required equipment.
(1) Low-speed electric vehicles and medium-speed electric vehicles, as defined in 61-1-101, must be equipped with:
(a) headlamps, front and rear turn signal lamps, taillamps, and stop lamps;
(b) three red reflectors, two of which must be placed on each side as far to the rear of the vehicle as practicable, and one of which must be placed on the rear of the vehicle;
(c) an exterior mirror mounted on the driver's side of the vehicle and either an exterior mirror mounted on the passenger's side of the vehicle or an interior mirror;
(d) a parking brake;
(e) a windshield that conforms to the federal motor vehicle safety standard provided in 49 CFR 571.205; and
(f) a seatbelt assembly that conforms to the federal motor vehicle safety standard provided in 49 CFR 571.209.
(2) A medium-speed electric vehicle must be equipped with a roll bar, roll cage, or crush-proof body design.
History: En. Sec. 3, Ch. 233, L. 2007; amd. Sec. 14, Ch. 209, L. 2011.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 4. Miscellaneous Regulations › 61-9-435. Exhaust noise limitation

61-9-435. Exhaust noise limitation.
(1) Except as provided in subsection (3), a person may not operate a motor vehicle with an exhaust system that emits a noise in excess of 95 decibels, as measured by the society of automotive engineers' standard j1169 (May 1998).
(2) A person charged with violating this section may not be convicted if the person had reasonable grounds to believe that the vehicle was not operated in violation of the standard in subsection (1).
(3) This section does not apply to a motorcycle or quadricycle that is subject to 61-9-418.
History: En. Sec. 5, Ch. 329, L. 2007.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 4. Miscellaneous Regulations › 61-9-436. Certain vehicles to carry tire traction devices during winter months

61-9-436. Certain vehicles to carry tire traction devices during winter months.
(1) (a) Except as provided in subsection (1)(b), from October 1 through April 30, a person operating a motor truck of 26,001 GVW or greater towing a trailer on a mountain pass or on a similar stretch of highway designated by the department of transportation as a place where traction control devices are potentially required shall carry in the vehicle approved traction control devices prescribed by the department.
(b) The requirement of subsection (1)(a) does not apply to a vehicle with four-wheel drive.
(2) A person who violates the provisions of this section shall be punished by a fine of $225 for a first offense and not less than $225 or more than $500 for subsequent offenses.
(3) The department may adopt administrative rules to implement this section.
History: En. Sec. 1, Ch. 528, L. 2023.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 5. Enforcement -- Penalties › 61-9-501. Inspections by officers of department

61-9-501. Inspections by officers of department.
(1) The department or its agents may at any time upon reasonable cause to believe that a vehicle is unsafe or not equipped as required by law or that its equipment is not in proper adjustment or repair require the driver of the vehicle to stop and submit the vehicle to an inspection and test as may be appropriate.
(2) In the event the vehicle and its equipment are found to be in safe condition and in full compliance with the law, the officer making the inspection may issue to the driver an official certificate of inspection and approval of the vehicle specifying those parts or equipment that have been inspected and approved.
(3) In the event the vehicle is found to be in unsafe condition or any required part or equipment is not present or is not in proper repair and adjustment, the officer shall give a written notice to the driver and shall send a copy to the department. The notice must specify the deficiencies and require that the vehicle be placed in safe condition and its equipment in proper repair and adjustment within 5 days, except as provided in subsection (4).
(4) For the purpose of 61-9-321 only, the notice must require the engine compression brake device muffler be in proper repair and adjustment within 14 days.
History: En. Sec. 152, Ch. 263, L. 1955; R.C.M. 1947, 32-21-155; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 2, Ch. 146, L. 2009.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 5. Enforcement -- Penalties › 61-9-502. Semiannual inspection of school buses

61-9-502. Semiannual inspection of school buses.
(1) The department shall perform the semiannual inspection of school buses, one of which shall be at least 30 days prior to the beginning of the school term, and reinspect the buses, if necessary, before the beginning of the school term.
(2) The department's inspection shall determine if the school buses meet the minimum standards for school buses as adopted by the board of public education.
History: En. 32-21-155.1 by Sec. 2, Ch. 179, L. 1969; amd. Sec. 1, Ch. 141, L. 1973; R.C.M. 1947, 32-21-155.1; amd. Sec. 1, Ch. 503, L. 1985.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 5. Enforcement -- Penalties › 61-9-503. Owners and drivers to comply with inspection laws

61-9-503. Owners and drivers to comply with inspection laws.
(1) No person driving a vehicle may refuse to submit the vehicle to an inspection and test when required to do so by the department or an authorized officer or employee of the department.
(2) Every owner or driver, upon receiving a notice as provided in 61-9-501, shall comply and have the deficiencies corrected and forward notification of the correction to the department. In lieu of compliance with this subsection, the vehicle may not be operated, except as provided in subsection (3).
(3) No person may operate any vehicle after receiving notice except as may be necessary to return the vehicle to the residence or place of business of the owner or driver, if within a distance of 20 miles, or to a garage until the vehicle and its equipment have been placed in proper repair and adjustment and otherwise made to conform to the requirements of this chapter.
History: En. Sec. 153, Ch. 263, L. 1955; R.C.M. 1947, 32-21-156; amd. Sec. 73, Ch. 421, L. 1979; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 3, Ch. 146, L. 2009.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 5. Enforcement -- Penalties › 61-9-504. Rules

61-9-504. Rules.
The department is hereby empowered to make additional rules governing the use of safety equipment on motor vehicles, vehicles, and/or combination of vehicles, that is, trailer hitches, safety chains, mounts, tow bars, and other similar equipment as it shall deem advisable for the protection of the public.
History: En. Sec. 119, Ch. 263, L. 1955; amd. Sec. 1, Ch. 233, L. 1959; amd. Sec. 1, Ch. 182, L. 1974; R.C.M. 1947, 32-21-122(part); amd. Sec. 1, Ch. 503, L. 1985.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 5. Enforcement -- Penalties › 61-9-511. Violation of chapter -- penalty

61-9-511. Violation of chapter -- penalty.
(1) It is a misdemeanor for any person to violate any of the provisions of this chapter unless the violation is declared to be a felony.
(2) A person convicted of a misdemeanor for a violation of any of the provisions of this chapter for which another penalty is not provided shall for a first conviction be punished by a fine of not less than $10 or more than $100. For a second conviction within 1 year, the person shall be punished by a fine of not less than $25 or more than $200. Upon a third or subsequent conviction within 1 year after the first conviction, the person shall be punished by a fine of not less than $50 or more than $500.
(3) Except as provided in subsection (4), failure to pay a fine imposed under this chapter is a civil contempt of the court. On failure of payment of a fine, the court may:
(a) order enforcement of the fine by execution in the manner provided in 25-13-204 and under the provisions of Title 25, chapter 13; or
(b) if the court finds that the person is unable to pay, order the person to perform community service.
(4) If property is not found in an amount necessary to satisfy the unpaid portion of the fine and if the court makes a written finding that community service is inappropriate, the person shall be imprisoned in the county jail in the county in which the offense has been committed. The imprisonment shall be the number of days that the fine is divisible by the dollar amount of the incarceration credit contained in 46-18-403.
(5) Upon conviction, the court costs or any part of the court costs may be assessed against the defendant in the discretion of the court.
History: En. Sec. 154, Ch. 263, L. 1955; R.C.M. 1947, 32-21-157; amd. Sec. 3, Ch. 40, L. 1991; amd. Sec. 2, Ch. 109, L. 1991; amd. Sec. 3, Ch. 134, L. 1995.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 5. Enforcement -- Penalties › 61-9-512. Violation of rules -- penalty

61-9-512. Violation of rules -- penalty.
(1) Any violation of any rules adopted by the department is a misdemeanor.
(2) A person convicted of a violation of any standard adopted pursuant to 61-10-154 shall be fined not less than $25 or more than $500 for the first offense and not less than $25 or more than $1,000 for each subsequent offense.
(3) The penalties provided in subsection (2) apply to any motor carrier that is a corporation subject to the standards adopted pursuant to 61-10-154. The penalties may be imposed against:
(a) a director or officer of the corporation;
(b) any receiver, trustee, lessee, agent, or person acting for or employed by the corporation; or
(c) any broker of property or officer, agent, or employee of the broker.
History: En. Sec. 119, Ch. 263, L. 1955; amd. Sec. 1, Ch. 233, L. 1959; amd. Sec. 1, Ch. 182, L. 1974; R.C.M. 1947, 32-21-122(part); amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 2, Ch. 386, L. 1987; amd. Sec. 71, Ch. 83, L. 1989; amd. Sec. 7, Ch. 366, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 5. Enforcement -- Penalties › 61-9-513. Violation of general lighting requirement and slow-moving vehicle provisions -- penalty

61-9-513. Violation of general lighting requirement and slow-moving vehicle provisions -- penalty.
Any person violating the provisions of 61-9-216 or 61-9-415 shall be subject to penalty as provided in 61-9-511.
History: En. Sec. 127, Ch. 263, L. 1955; amd. Sec. 1, Ch. 247, L. 1969; R.C.M. 1947, 32-21-130(d).
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 5. Enforcement -- Penalties › 61-9-514. Unauthorized use of firefighter's private vehicle -- penalty

61-9-514. Unauthorized use of firefighter's private vehicle -- penalty.
Any person violating the provisions of 61-9-227 is guilty of a misdemeanor.
History: En. Sec. 2, Ch. 154, L. 1957; R.C.M. 1947, 32-21-141.2.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 5. Enforcement -- Penalties › 61-9-515. Violations of provisions relating to fenders, splash aprons, or flaps -- penalty

61-9-515. Violations of provisions relating to fenders, splash aprons, or flaps -- penalty.
Any person violating any of the provisions of 61-9-407 is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $10 or more than $25.
History: En. Sec. 1, Ch. 286, L. 1969; R.C.M. 1947, 32-21-149.1(c); amd. Sec. 4, Ch. 40, L. 1991.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 5. Enforcement -- Penalties › 61-9-516. Penalty for seatbelt violations

61-9-516. Penalty for seatbelt violations.
Any person who violates the provisions of 61-9-409 is guilty of a misdemeanor and upon conviction shall be fined not to exceed $100.
History: En. Sec. 3, Ch. 115, L. 1965; R.C.M. 1947, 32-21-150.3; amd. Sec. 41, Ch. 431, L. 1997.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 5. Enforcement -- Penalties › 61-9-517. Violation of towing requirements -- penalty

61-9-517. Violation of towing requirements -- penalty.
Any person violating any of the provisions of 61-9-416 shall be deemed guilty of a misdemeanor and subject to a penalty not to exceed $100.
History: En. Sec. 2, Ch. 201, L. 1959; R.C.M. 1947, 32-21-162.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 5. Enforcement -- Penalties › 61-9-518. Violation of motorcycle or quadricycle requirements -- penalty

61-9-518. Violation of motorcycle or quadricycle requirements -- penalty.
(1) A person convicted of the violation of 61-9-417 shall be fined $5.
(2) A person convicted of the violation of 61-9-418 shall be punished by a fine of not less than $10 or more than $100 for the first conviction. For a second conviction within 1 year, the person shall be punished by a fine of not less than $25 or more than $200. Upon a third or subsequent conviction within 1 year after the first conviction, the person shall be punished by a fine of not less than $50 or more than $500.
History: En. Sec. 1, Ch. 398, L. 1973; amd. Sec. 1, Ch. 179, L. 1974; amd. Sec. 1, Ch. 273, L. 1974; amd. Sec. 1, Ch. 54, L. 1977; R.C.M. 1947, 32-21-105.1(3), (4); amd. Sec. 5, Ch. 40, L. 1991.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 5. Enforcement -- Penalties › 61-9-519. Violation of tire restrictions -- penalty

61-9-519. Violation of tire restrictions -- penalty.
A person violating 61-9-406 is guilty of a misdemeanor and is subject to penalty as provided in 61-9-511.
History: En. Sec. 146, Ch. 263, L. 1955; amd. Sec. 1, Ch. 92, L. 1967; amd. Sec. 1, Ch. 194, L. 1971; amd. Sec. 1, Ch. 192, L. 1973; amd. Sec. 67, Ch. 316, L. 1974; R.C.M. 1947, 32-21-149(e); amd. Sec. 6, Ch. 40, L. 1991.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 5. Enforcement -- Penalties › 61-9-520. Violation of tire chain or traction device use -- penalty

61-9-520. Violation of tire chain or traction device use -- penalty.
(1) A person violating the provisions of 61-9-406(6) and (7) is guilty of the nonmoving offense of failure to use chains or approved traction devices when required and upon conviction shall be punished by a fine of:
(a) $250; or
(b) $750 when the result of the violation of this section is an incident that causes the closure of all lanes in one or both directions of a highway.
(2) A violation of 61-9-406(6) and (7) is not a misdemeanor subject to 45-2-101, 61-9-511, 61-9-512, or 61-9-519.
History: En. Sec. 2, Ch. 448, L. 1991; amd. Sec. 2, Ch. 93, L. 2015; amd. Sec. 1, Ch. 126, L. 2021.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 5. Enforcement -- Penalties › 61-9-521. Violation of engine compression brake device provisions -- penalty

61-9-521. Violation of engine compression brake device provisions -- penalty.
A person who violates the provisions of 61-9-321 is guilty of a misdemeanor and upon conviction shall be fined not to exceed $500.
History: En. Sec. 2, Ch. 357, L. 2003.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 9. Vehicle Equipment › Part 5. Enforcement -- Penalties › 61-9-522. Airbag fraud penalty

61-9-522. Airbag fraud penalty.
A person who violates 61-9-437 is guilty of airbag fraud and upon conviction shall be fined not more than $1,000, imprisoned for not more than 6 months, or both.
History: En. Sec. 2, Ch. 539, L. 2023.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 10. Size -- Weight -- Load › Part 1. Standards, Permits, and Fees › 61-10-101. Standards of maximum dimensions, weights, etc

61-10-101. Standards of maximum dimensions, weights, etc.
The standards provided for in 61-10-102 through 61-10-104 and 61-10-106 through 61-10-110 govern the maximum dimensions, weights, and other characteristics of motor vehicles operating over the highways in the state to the exclusion of other standards or other requirements respecting the subject matter.
History: En. 32-1123.1 by Sec. 12, Ch. 316, L. 1974; R.C.M. 1947, 32-1123.1; amd. Sec. 1, Ch. 236, L. 1995.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 10. Size -- Weight -- Load › Part 1. Standards, Permits, and Fees › 61-10-103. Height

61-10-103. Height.
(1) Except as provided in subsection (2), a vehicle, unladen or with load, may not exceed a height of 14 feet.
(2) Subsection (1) does not apply to an implement of husbandry or a vehicle, unladen or with load, that does not exceed a height of 15 feet 6 inches if:
(a) the implement of husbandry or vehicle is transporting hay, straw, or both for a distance not more than 25 miles and is incidental to farming operations; and
(b) the implement of husbandry or the vehicle will not encounter overhead obstacles 17 feet from the ground or lower while in transit.
History: En. 32-1123.4 by Sec. 15, Ch. 316, L. 1974; R.C.M. 1947, 32-1123.4; amd. Sec. 1, Ch. 73, L. 1987; amd. Sec. 1, Ch. 437, L. 2019.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 10. Size -- Weight -- Load › Part 1. Standards, Permits, and Fees › 61-10-105. Repealed

61-10-105. Repealed.
Sec. 14, Ch. 236, L. 1995.
History: En. 32-1123.6 by Sec. 17, Ch. 316, L. 1974; R.C.M. 1947, 32-1123.6; amd. Sec. 1, Ch. 366, L. 1981.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 10. Size -- Weight -- Load › Part 1. Standards, Permits, and Fees › 61-10-106. Measuring distance between axles

61-10-106. Measuring distance between axles.
The distance between axles shall be measured to the nearest foot. When a fractional measurement is exactly one-half foot, the next larger whole number shall be used.
History: En. 32-1123.8 by Sec. 19, Ch. 316, L. 1974; R.C.M. 1947, 32-1123.8.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 10. Size -- Weight -- Load › Part 1. Standards, Permits, and Fees › 61-10-108. Reduction under special circumstances

61-10-108. Reduction under special circumstances.
The maximum axle and axle group loads stated in 61-10-107 are subject to reasonable reduction in the discretion of the department of transportation during periods when road subgrades have been weakened by water saturation or other causes.
History: En. 32-1123.9 by Sec. 20, Ch. 316, L. 1974; R.C.M. 1947, 32-1123.9; amd. Sec. 117, Ch. 370, L. 1987; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 3, Ch. 236, L. 1995.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 10. Size -- Weight -- Load › Part 1. Standards, Permits, and Fees › 61-10-109. Operation without special permits prohibited

61-10-109. Operation without special permits prohibited.
The operation of vehicles or combinations of vehicles having dimensions or weights in excess of the maximum limits specified in 61-10-101 through 61-10-104 and 61-10-106 through 61-10-108 is permitted only if authorized by special permit issued under 61-10-121 through 61-10-125 by the department of transportation or its agents or the highway patrol.
History: En. 32-1123.10 by Sec. 21, Ch. 316, L. 1974; R.C.M. 1947, 32-1123.10; amd. Sec. 75, Ch. 421, L. 1979; amd. Sec. 4, Ch. 40, L. 1981; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 4, Ch. 236, L. 1995; amd. Sec. 4, Ch. 232, L. 1997.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 10. Size -- Weight -- Load › Part 1. Standards, Permits, and Fees › 61-10-110. Federal law

61-10-110. Federal law.
Sections 61-10-101 through 61-10-104 and 61-10-106 through 61-10-109 do not authorize, without a permit issued as provided by law, the operation of a combination of vehicles having a gross weight, axle load, or size in excess of that authorized in those sections or the operation on the national system of interstate and defense highways of a combination of vehicles having a gross weight or size in excess of the maximum weight and size permitted by law in this state before July 1, 1956, or permitted by federal law or regulation. If federal law allows establishment of weight and size limits in excess of the allowable limits permitted in 61-10-101 through 61-10-104 and 61-10-106 through 61-10-109, without penalty or denial of federal funds for highway purposes, the department of transportation may, by permit designating highway routing, authorize the movement on highways under its jurisdiction of vehicles or combinations of vehicles of a weight or size in excess of the limits provided for in those sections, but within the limits necessary to qualify for federal-aid highway funds.
History: En. 32-1123.11 by Sec. 22, Ch. 316, L. 1974; R.C.M. 1947, 32-1123.11; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 5, Ch. 236, L. 1995.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 10. Size -- Weight -- Load › Part 1. Standards, Permits, and Fees › 61-10-111. Governor's authority to exempt vehicles from size and weight limits

61-10-111. Governor's authority to exempt vehicles from size and weight limits.
(1) The governor may, through executive order, exempt vehicles from the size and weight limits imposed under this part:
(a) upon a request of the director of the department of transportation and any other agency involved in the need to move oversize or overweight vehicles on the highway during emergency circumstances;
(b) for a specified, limited period of time; and
(c) during emergency circumstances and to meet unusual conditions to ensure the general welfare of the public.
(2) The agency director who requests the executive order may specify the areas in which the exemption is in effect, the duration of the exemption, the types of vehicles to be exempted, and any other appropriate conditions of the order.
(3) For the purposes of this section, "emergency circumstances" means conditions brought about by a weather event or a natural or other occurrence for which the movement of vehicles that may exceed size and weight limits is necessary for responding to the event or occurrence or for moving supplies, agricultural or other products, or equipment in a manner that is necessary because of the event or occurrence.
History: En. Sec. 1, Ch. 291, L. 2001.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 10. Size -- Weight -- Load › Part 1. Standards, Permits, and Fees › 61-10-113. Issuance of permits for overweight and oversize loads -- interstate agreements

61-10-113. Issuance of permits for overweight and oversize loads -- interstate agreements.
The department of transportation may enter into agreements with other states to provide for the issuance of permits for overweight and oversize loads, as authorized by the laws and rules of each state.
History: En. Sec. 1, Ch. 24, L. 1991; amd. Sec. 3, Ch. 512, L. 1991.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 10. Size -- Weight -- Load › Part 1. Standards, Permits, and Fees › 61-10-122. Discretion of issuer -- conditions

61-10-122. Discretion of issuer -- conditions.
The department of transportation or local authority may issue or withhold a special permit at its discretion or, if the permit is issued, limit the number of trips or establish seasonal or other time limitations within which the vehicle, combination of vehicles, load, object, or other thing described may be operated on the public highways indicated, or otherwise limit or prescribe conditions of operation of the vehicle, combination of vehicles, load, object, or other thing when necessary to assure against damage to the road foundation, surfaces, or structures or safety of traffic, and may require an undertaking or other security considered necessary to compensate for injury to a roadway or road structure. During harvest no permit may be denied to oversize harvest or harvest-related agricultural machinery solely on the grounds that the travel takes place on a Saturday or Sunday. No permit may be denied to dealers in implements of husbandry and self-propelled machinery solely on the grounds that the travel may take place on a Saturday or Sunday.
History: En. 32-1127.2 by Sec. 28, Ch. 316, L. 1974; R.C.M. 1947, 32-1127.2; amd. Sec. 2, Ch. 595, L. 1979; amd. Sec. 118, Ch. 370, L. 1987; amd. Sec. 3, Ch. 512, L. 1991.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 10. Size -- Weight -- Load › Part 1. Standards, Permits, and Fees › 61-10-123. Haystack movers

61-10-123. Haystack movers.
(1) A self-propelled vehicle used only for the purpose of moving haystacks on a commercial basis is subject to 61-10-121 through 61-10-127, except as provided in subsections (2) through (8).
(2) The vehicle, loaded or unloaded, may not exceed 55 feet in length or 20 feet in width.
(3) A single load may not be moved on the vehicle a distance greater than 75 miles from the point of origin on public roads.
(4) When the vehicle is hauling a load, it must be accompanied by two pilot cars. Each car must be equipped with a flashing warning light, a red flag, and a sign with the words "wide load" written on it. One car must precede the vehicle by not less than 100 yards or more than one-fourth mile, and one car must follow the vehicle at a distance not less than 100 yards or more than one-fourth mile. The following pilot car must be in radio contact with the vehicle at all times.
(5) The speed of the vehicle must be reasonable and proper but not in excess of 35 miles per hour.
(6) The vehicle may be operated only between the hours of sunrise and sunset.
(7) The vehicle may not be operated on an interstate or a controlled-access highway as defined in 61-8-102.
(8) A term or blanket permit may be issued for the vehicle.
History: En. 32-1127.4 by Sec. 30, Ch. 316, L. 1974; R.C.M. 1947, 32-1127.4; amd. Sec. 226, Ch. 542, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 10. Size -- Weight -- Load › Part 1. Standards, Permits, and Fees › 61-10-126. Deposit of fees

61-10-126. Deposit of fees.
All fees collected under 61-10-101 through 61-10-104 and 61-10-106 through 61-10-125 must be forwarded to the department of transportation for deposit in the highway nonrestricted account provided for in 15-70-125.
History: En. 32-1127.10 by Sec. 36, Ch. 316, L. 1974; R.C.M. 1947, 32-1127.10; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 8, Ch. 236, L. 1995; amd. Sec. 58, Ch. 509, L. 1995; amd. Sec. 31, Ch. 257, L. 2001; amd. Sec. 1, Ch. 126, L. 2015; amd. Sec. 20, Ch. 267, L. 2017.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 10. Size -- Weight -- Load › Part 1. Standards, Permits, and Fees › 61-10-127. Permits issued to governmental entities

61-10-127. Permits issued to governmental entities.
Permits issued to the United States government, states, counties, cities, and their political subdivisions shall be issued without fee for a term beginning with the date of issuance and expiring December 31.
History: En. 32-1127.6 by Sec. 32, Ch. 316, L. 1974; R.C.M. 1947, 32-1127.6.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 10. Size -- Weight -- Load › Part 1. Standards, Permits, and Fees › 61-10-128. When authorities may restrict right to use roadway

61-10-128. When authorities may restrict right to use roadway.
(1) A local authority may not alter the limitations provided in 61-10-101 through 61-10-104 and 61-10-106 through 61-10-110 or substitute other limitations or requirements, except as provided in this section.
(2) The department of transportation by order, or a local road authority by ordinance or resolution, may prohibit the operation of or impose restrictions on the weight and speed of a vehicle traveling on a public highway under its respective jurisdiction and for which it is responsible for maintenance whenever the highway will be seriously damaged or destroyed by deterioration, rain, snow, or other climatic conditions, unless the use of vehicles on the highway is prohibited or the permissible vehicle weights and speed are reduced. The department of transportation or the authority that enacts the ordinance or resolution shall erect signs designating the department's order or the authority's ordinance or resolution at each end of that portion of the highway affected, and the order, ordinance, or resolution is not effective until the signs are erected. The department of transportation or the authority by ordinance or resolution may prohibit the operation of trucks or other commercial vehicles or impose limitations on their weight on designated highways, subject to the provisions of subsection (3). These prohibitions and limitations must be designated by appropriate signs placed on the highways.
(3) Neither the department of transportation nor a local authority may prohibit the operation of or impose a restriction on the weight of a vehicle loaded with perishable seed potatoes or a vehicle loaded with fertilizer that is traveling on a public highway if:
(a) the vehicle is being operated within its legal licensed gross vehicle weight;
(b) the driver possesses a federal-state inspection certificate issued for the load or a bill of lading; and
(c) the vehicle takes the most direct route from the point of loading or point of unloading to the nearest nonrestricted road.
(4) Hay grinders and their towing units are exempt from weight limits imposed by the department of transportation under this section.
History: (1)En. 32-1123.12 by Sec. 23, Ch. 316, L. 1974; Sec. 32-1123.12, R.C.M. 1947; (2)En. Sec. 7, Ch. 171, L. 1931; re-en. Sec. 1751.7, R.C.M. 1935; amd. Sec. 6, Ch. 184, L. 1939; amd. Sec. 37, Ch. 316, L. 1974; Sec. 32-1128, R.C.M. 1947; R.C.M. 1947, 32-1123.12, 32-1128; amd. Sec. 1, Ch. 57, L. 1981; amd. Sec. 120, Ch. 370, L. 1987; amd. Sec. 1, Ch. 468, L. 1987; amd. Sec. 1, Ch. 476, L. 1991; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 1, Ch. 57, L. 1993; amd. Sec. 9, Ch. 236, L. 1995; amd. Sec. 6, Ch. 232, L. 1997; amd. Sec. 1, Ch. 518, L. 2001; amd. Sec. 1, Ch. 90, L. 2019.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 10. Size -- Weight -- Load › Part 1. Standards, Permits, and Fees › 61-10-129. Rules regarding overlength vehicles

61-10-129. Rules regarding overlength vehicles.
The department of transportation may adopt rules to implement 61-10-124 and may by rule prescribe standards for the qualifications of drivers operating special vehicle combinations under 61-10-124 and for the equipping and operation of such combinations to enhance highway traffic safety.
History: En. Sec. 5, Ch. 474, L. 1987; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 3, Ch. 672, L. 1991.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 10. Size -- Weight -- Load › Part 1. Standards, Permits, and Fees › 61-10-142. Display of permit

61-10-142. Display of permit.
A special permit issued under 61-10-121 shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any peace officer, officer of the highway patrol, or employee of the department of transportation.
History: En. 32-1127.8 by Sec. 34, Ch. 316, L. 1974; R.C.M. 1947, 32-1127.8; amd. Sec. 122, Ch. 370, L. 1987; amd. Sec. 3, Ch. 512, L. 1991.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 10. Size -- Weight -- Load › Part 1. Standards, Permits, and Fees › 61-10-143. Repealed

61-10-143. Repealed.
Sec. 39, Ch. 299, L. 2019.
History: En. 32-1127.9 by Sec. 35, Ch. 316, L. 1974; R.C.M. 1947, 32-1127.9; amd. Sec. 123, Ch. 370, L. 1987; amd. Sec. 3, Ch. 512, L. 1991.