reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 13. Seatbelts › Part 1. Montana Seatbelt Use Act › 61-13-104. Penalty -- no record permitted

61-13-104. Penalty -- no record permitted.
(1) A driver who violates 61-13-103 shall be fined $20, but the violation is not a misdemeanor pursuant to 45-2-101, 46-18-236, 61-8-104, or 61-8-711. A violation of 61-13-103 may not be counted as a moving violation for purposes of suspending a driver's license under 61-11-203(2)(m). Bond for this offense is $20, and a jail sentence may not be imposed.
(2) A violation of 61-13-103 may not be recorded or charged against the driver's record of a person violating 61-13-103.
(3) An insurance company may not hold a violation of 61-13-103 against the insured or increase the insured's premiums due to a violation of 61-13-103.
History: En. Sec. 4, Ch. 439, L. 1987; amd. Sec. 7, Ch. 365, L. 1993; amd. Sec. 5, Ch. 218, L. 2001; amd. Sec. 13, Ch. 556, L. 2003.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 13. Seatbelts › Part 1. Montana Seatbelt Use Act › 61-13-105. Education program

61-13-105. Education program.
The highway traffic safety division of the department shall continue its program for public information and education concerning the benefits of wearing seatbelts and include within such program the requirements of 61-13-103 and the penalty specified in 61-13-104.
History: En. Sec. 5, Ch. 439, L. 1987.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 13. Seatbelts › Part 1. Montana Seatbelt Use Act › 61-13-106. Evidence not admissible

61-13-106. Evidence not admissible.
Evidence of compliance or failure to comply with 61-13-103 is not admissible in any civil action for personal injury or property damage resulting from the use or operation of a motor vehicle, and failure to comply with 61-13-103 does not constitute negligence.
History: En. Sec. 6, Ch. 439, L. 1987.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 14. Rulemaking › Part 3. Other Rulemaking Authority › 61-14-301. Other rulemaking authority

61-14-301. Other rulemaking authority.
(1) The department shall adopt rules to identify the entity or entities that may qualify for grants under 61-3-415 and to establish criteria that an entity must meet to receive grant funds.
(2) The department may adopt rules for the application, certification, and determination of the ability of a self-insurer to pay any judgment under 61-6-143.
(3) The department may adopt rules for individuals who are exempt from wearing seatbelts under 61-13-103.
(4) The department shall adopt rules governing sales, including sales of receipts by county treasurers and other authorized agents.
(5) The department may adopt rules governing the cancellation of received services upon receipt of an insufficient funds check in payment for a service.
(6) The department may adopt rules for the implementation of the Montana Driver Privacy Protection Act, including procedures for:
(a) verifying the identity of a person requesting personal information;
(b) maintaining records for release of personal information by the department or by any recipient under Title 61, chapter 11, part 5; and
(c) providing for oversight of sale or disclosure of personal information to third parties.
(7) The department may adopt rules for governing recordkeeping, including the destruction of records.
History: En. Sec. 25, Ch. 335, L. 2019.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 1. General Provisions › Part 1. Definitions and Policy › 67-1-102. Policy

67-1-102. Policy.
It is hereby declared that the purpose of this title is to further the public interest and aeronautical progress by:
(1) providing for the protection and promotion of safety in aeronautics;
(2) cooperating in effecting a uniformity of the laws relating to the development and regulation of aeronautics in the several states;
(3) revising existing statutes relative to the development and regulation of aeronautics so as to grant to a state agency such powers and impose upon it such duties that the state may properly perform its functions relative to aeronautics and effectively exercise its jurisdiction over persons and property within such jurisdiction, may assist in the promotion of a statewide system of airports, may cooperate with and assist the political subdivisions of this state and others engaged in aeronautics, and may encourage and develop aeronautics;
(4) establishing uniform regulations, consistent with federal regulations and those of other states, in order that those engaged in aeronautics of every character may so engage with the least possible restriction, consistent with the safety and the rights of others; and
(5) providing for cooperation with the federal authorities in the development of a national system of civil aviation and for coordination of the aeronautical activities of those authorities and the authorities of this state by assisting in accomplishing the purposes of federal legislation and eliminating costly and unnecessary duplication of functions.
History: En. Sec. 3, Ch. 152, L. 1945; R.C.M. 1947, 1-103.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 1. General Provisions › Part 1. Definitions and Policy › 67-1-103. Board of aeronautics

67-1-103. Board of aeronautics.
(1) The board shall act in an advisory capacity to the department in matters pertaining to aeronautics.
(2) Regular meetings shall be held at the board's offices at Helena, but whenever the convenience of the public or of the parties may be promoted or delay or expense may be prevented, it may hold hearings or proceedings at any other place designated by it.
History: (1)En. Sec. 2, Ch. 171, L. 1967; amd. Sec. 27, Ch. 348, L. 1974; Sec. 1-323, R.C.M. 1947; (2)En. Sec. 6, Ch. 152, L. 1945; amd. Sec. 3, Ch. 348, L. 1974; Sec. 1-203, R.C.M. 1947; R.C.M. 1947, 1-203, 1-323(2).
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 1. General Provisions › Part 1. Definitions and Policy › 67-1-104. Governmental nature of aeronautical functions

67-1-104. Governmental nature of aeronautical functions.
The acquisition of lands for establishing airports or other air navigation facilities; the acquisition of airport protection privileges; the acquisition, establishment, construction, enlargement, improvement, maintenance, equipment, and operation of airports and other air navigation facilities, whether by the state separately or jointly with a municipality; the assistance of this state in that acquisition, establishment, construction, enlargement, improvement, maintenance, equipment, and operation; and the exercise of any other powers granted to the department are public and governmental functions exercised for a public purpose and as a matter of public necessity; and such lands and other property and privileges acquired and used by the state in the manner and for the purposes enumerated in this title are acquired and used for public and governmental purposes and as a matter of public necessity.
History: En. Sec. 21, Ch. 152, L. 1945; amd. Sec. 37, Ch. 348, L. 1974; amd. Sec. 2, Ch. 232, L. 1977; amd. Sec. 1, Ch. 234, L. 1977; R.C.M. 1947, 1-502.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 1. General Provisions › Part 1. Definitions and Policy › 67-1-105. Penalties

67-1-105. Penalties.
Unless otherwise provided, any person violating any of the provisions of chapters 1 through 3, except 67-3-212, or any of the rules or orders issued pursuant thereto is guilty of a misdemeanor and punishable by a fine of not more than $500 or by imprisonment in a county jail for not more than 90 days, or both.
History: En. Sec. 22, Ch. 152, L. 1945; R.C.M. 1947, 1-503; amd. Sec. 1, Ch. 140, L. 1979.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 1. General Provisions › Part 2. Uniform Principles › 67-1-201. Short title

67-1-201. Short title.
This part may be cited as the "Uniform State Law for Aeronautics".
History: En. Sec. 10, Ch. 17, L. 1929; re-en. Sec. 2736.10, R.C.M. 1935; R.C.M. 1947, 1-606.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 1. General Provisions › Part 2. Uniform Principles › 67-1-202. State sovereignty in space

67-1-202. State sovereignty in space.
Sovereignty in the space above the lands and waters of this state is declared to rest in the state, except where assumed by the United States law.
History: En. Sec. 5, Ch. 17, L. 1929; re-en. Sec. 2736.5, R.C.M. 1935; R.C.M. 1947, 1-601.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 1. General Provisions › Part 2. Uniform Principles › 67-1-203. Spatial ownership

67-1-203. Spatial ownership.
The ownership of the space above the lands and waters of this state is declared to be vested in the several owners of the surface beneath, subject to the right of flight described in 67-1-204.
History: En. Sec. 6, Ch. 17, L. 1929; re-en. Sec. 2736.6, R.C.M. 1935; R.C.M. 1947, 1-602.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 1. General Provisions › Part 2. Uniform Principles › 67-1-204. Lawfulness of flight and landings

67-1-204. Lawfulness of flight and landings.
(1) Flight in aircraft over the lands and waters of this state is lawful, unless it is at such a low altitude as to interfere with the then-existing use to which the land or water or the space over the land or water is put by the owner or unless conducted as to be imminently dangerous to persons or property lawfully on the land or water or in violation of the air commerce regulations that have been or may be promulgated by the department of transportation of the United States.
(2) Aircraft landings and takeoffs from the public waters of this state are lawful if proper safety precautions regarding public waters, as prescribed in 14 CFR, part 91, are taken prior to the landing or takeoff, except as otherwise provided by this section.
(3) Aircraft landings and takeoffs from public roads in this state are lawful if proper safety precautions, as approved by the governing jurisdiction of the roads, are taken prior to the landing or takeoff, except as otherwise provided in this section. However, the local governing jurisdiction may not incur liability as a result of an approval under this subsection.
(4) A person may not operate an aircraft, as pilot of the aircraft, either in the air, on the water, or on the ground, in a careless or reckless manner so as to endanger the life or property of others, including the aircraft being operated and passengers carried in the aircraft.
(5) The willful and malicious use of aircraft in stunting or diving over livestock in a manner calculated to frighten or stampede them is an unlawful use of aircraft, and actual and punitive damages, in addition to the penalties provided by this part, may be recovered in an action for damages caused by the willful and malicious use of the aircraft. As used in this subsection, "livestock" includes ostriches, rheas, and emus.
(6) The landing of an aircraft on the private lands or waters of another without consent is unlawful, except in the case of a forced landing. For damages caused by a forced landing, however, the owner or lessee of the aircraft or the pilot is liable for actual damage caused by the forced landing.
(7) A person may not knowingly operate, attempt to operate, or be in actual physical control of an aircraft while under the influence of alcohol or drugs. "Under the influence" means that as a result of taking into the body alcohol, drugs, or any combination of alcohol and drugs, a person's ability to safely operate the aircraft has been diminished to the slightest degree.
(8) A person having information regarding a violation of subsection (7) shall report the information to the department.
History: En. Sec. 7, Ch. 17, L. 1929; re-en. Sec. 2736.7, R.C.M. 1935; amd. Sec. 1, Ch. 109, L. 1939; amd. Sec. 1, Ch. 16, L. 1949; amd. Sec. 1, Ch. 102, L. 1963; R.C.M. 1947, 1-603; amd. Sec. 1, Ch. 528, L. 1985; amd. Sec. 1, Ch. 542, L. 1987; amd. Sec. 7, Ch. 206, L. 1995.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 1. General Provisions › Part 2. Uniform Principles › 67-1-205. Penalties

67-1-205. Penalties.
A person who violates any provision of this part, except 67-1-204(8), shall be guilty of a misdemeanor and punishable by a fine of not more than $500 or by imprisonment for not more than 6 months, or both.
History: En. Sec. 8, Ch. 17, L. 1929; re-en. Sec. 2736.8, R.C.M. 1935; R.C.M. 1947, 1-604; amd. Sec. 2, Ch. 542, L. 1987.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 1. General Provisions › Part 2. Uniform Principles › 67-1-206. Interpretation

67-1-206. Interpretation.
This part shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it and to harmonize, as far as possible, with federal laws and regulations on the subject of aeronautics.
History: En. Sec. 9, Ch. 17, L. 1929; re-en. Sec. 2736.9, R.C.M. 1935; R.C.M. 1947, 1-605.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 1. General Provisions › Part 2. Uniform Principles › 67-1-211. Alcohol concentration standards -- evidence admissible -- administration of tests

67-1-211. Alcohol concentration standards -- evidence admissible -- administration of tests.
(1) If a person acting or attempting to act as a crewmember of an aircraft has an alcohol concentration, as defined in 61-8-1001, of 0.04% by weight or more, it may be inferred that the person is under the influence of alcohol and is in violation of 67-1-204.
(2) Evidence of any measured amount or detected presence of alcohol in the person at the time of the act alleged under subsection (1) and any other competent evidence bearing on the question of whether the person was under the influence of alcohol, drugs, or a combination of the two at the time of the act alleged is admissible in any criminal action or proceeding arising out of acts alleged to have been committed in violation of 67-1-204.
(3) In any criminal action or proceeding arising out of acts alleged to have been committed in violation of 67-1-204, the court or jury may consider federal regulations governing aeronautics.
(4) A person who operates an aircraft over the lands and waters of this state is considered to have given consent to a test of the person's blood, breath, oral fluid, or urine for the purpose of determining any measured amount or detected presence of alcohol or drugs in the person's body if arrested by a peace officer for operating, attempting to operate, or being in actual physical control of an aircraft while under the influence of alcohol, drugs, or a combination of the two. The test must be administered at the direction of a peace officer who has reasonable grounds to believe the person was operating, attempting to operate, or in actual physical control of an aircraft while under the influence of alcohol, drugs, or a combination of the two. The arresting officer may designate which of the tests must be administered. A person who is unconscious or who is otherwise in a condition rendering the person incapable of refusal is considered not to have withdrawn the consent provided by this subsection.
(5) If a person charged with a violation of 67-1-204 refuses to submit to a test of the person's blood, breath, oral fluid, or urine for the purpose of determining any measured amount or detected presence of alcohol in the person's body, a test will not be given, but proof of refusal is admissible in any criminal action or proceeding arising out of acts alleged to have been committed in violation of 67-1-204.
(6) The provisions relating to administration of tests provided in 61-8-1019 and the definition of alcohol concentration provided in 61-8-1001 apply to any testing done to determine any measured amount or detected presence of alcohol in a person and the alcohol concentration of a person charged with violation of 67-1-204.
History: En. Sec. 3, Ch. 542, L. 1987; amd. Sec. 15, Ch. 789, L. 1991; amd. Sec. 1974, Ch. 56, L. 2009; amd. Sec. 43, Ch. 498, L. 2021; amd. Sec. 7, Ch. 151, L. 2023.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 1. General Provisions › Part 2. Uniform Principles › 67-1-214. Standards for meteorological evaluation towers -- report -- notification -- penalty

67-1-214. Standards for meteorological evaluation towers -- report -- notification -- penalty.
(1) The requirements of subsection (2) apply to a meteorological evaluation tower:
(a) that is 50 feet or more in height;
(b) that is located outside the boundaries of an incorporated city or town;
(c) that is on land that is primarily rural or undeveloped or used for agricultural purposes; and
(d) the appearance of which is not otherwise governed by state or federal law, rule, or regulation.
(2) A meteorological evaluation tower that meets the description provided in subsection (1) must:
(a) be painted in seven equal-width and alternating bands of aviation orange and white beginning with orange at the top of the tower and ending with orange at the base;
(b) have two marker balls attached to and evenly spaced on each of the tower's outside guy wires; and
(c) have a yellow safety sleeve on each guy wire that extends 7 feet up from the anchor point of the guy wire.
(3) Not less than 10 working days prior to erecting a meteorological evaluation tower subject to this section, the owner of the tower shall provide a report to the department that identifies the owner and specifies the tower's location, height, and other information that the department finds necessary for aviation safety.
(4) The owner of a meteorological evaluation tower subject to this section who is removing the tower shall report its removal to the department within 10 working days of its removal.
(5) A person who violates subsection (3) or (4) is guilty of a misdemeanor.
(6) Within 5 working days of receiving information pursuant to subsection (3) or (4), the department shall make the information, excluding the ownership of the tower, available to the public.
(7) For the purposes of this section, the following definitions apply:
(a) "Height" means the distance from the original grade at the base of the tower to the highest point of the tower.
(b) "Meteorological evaluation tower" means a structure erected and standing for any period of time whatsoever, whether self-standing or supported by guy wires and ground anchors and including all guy wires and accessory facilities, on which a meteorological instrument is mounted for the purpose of documenting whether a site has sufficient wind resources for the operation of a wind turbine generator.
History: En. Sec. 1, Ch. 256, L. 2013.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 1. General Provisions › Part 3. Finance › 67-1-301. Money -- receipt and disbursement

67-1-301. Money -- receipt and disbursement.
(1) All costs and expenses of administering this title, including the salaries of employees of the department engaged in functions pertaining to aeronautics, the expenses of members of the board, and all other disbursements necessary to carry out the purposes of this title, must be paid out of the following revenue:
(a) all gifts and all legislative appropriations to the department for aeronautics; and
(b) all money received from any branch or department of the federal government or from other sources for the purposes of this title or for the furtherance of aeronautics generally in this state.
(2) All money collected under subsection (1) must be deposited in the state treasury to the credit of the department.
(3) The following amounts must be deposited from the proceeds of the tax imposed on aviation fuel by 15-70-403(1)(c):
(a) in the aeronautics operations account provided for in 67-1-308, an amount equal to the proceeds of 0.5 cents a gallon collected under 15-70-403(1)(c) for the sole purpose of carrying out department functions pertaining to aeronautics;
(b) in the airport grant account provided for in 67-1-309, an amount equal to the proceeds of 4.5 cents a gallon.
(4) Proceeds of all repayments of loans, including interest, made under 67-1-307 must be deposited in the account provided for in 67-1-306.
(5) The gasoline tax imposed by the laws of this state on aviation fuel purchased and used for the operation of airplanes or aircraft may not be refunded.
History: En. Sec. 20, Ch. 152, L. 1945; amd. Sec. 1, Ch. 120, L. 1949; amd. Sec. 220, Ch. 147, L. 1963; amd. Sec. 36, Ch. 348, L. 1974; amd. Sec. 3, Ch. 213, L. 1975; R.C.M. 1947, 1-501; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 1, Ch. 654, L. 1983; amd. Sec. 2, Ch. 676, L. 1985; amd. Sec. 1, Ch. 41, L. 1987; amd. Secs. 10, 12, Ch. 642, L. 1993; amd. Sec. 4, Ch. 585, L. 1999; amd. Sec. 3, Ch. 8, Sp. L. May 2000; amd. Sec. 4, Ch. 404, L. 2001; amd. Sec. 2, Ch. 22, L. 2009; amd. Sec. 37, Ch. 220, L. 2015; amd. Sec. 9, Ch. 455, L. 2019.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 1. General Provisions › Part 3. Finance › 67-1-302. Industrial revenue projects

67-1-302. Industrial revenue projects.
The board of aeronautics may exercise the power and authority of a municipality under Title 90, chapter 5, part 1, with respect to projects suitable for use by commercial enterprises providing scheduled air transportation services primarily within the state if such projects are located within or based and used primarily within the state. For purposes of this section, the board of aeronautics shall be considered a municipality and a governing body thereof under Title 90, chapter 5, part 1, and shall give notice of the public hearing required by 90-5-104 in three newspapers published and circulating generally in the state and shall not issue any bonds unless it appears, after the public hearing, that the acquisition or improvements of the project is in the public interest of the state. For purposes of this section, projects suitable for commercial enterprises providing scheduled air transportation services shall include but are not limited to aircraft parts, aircraft, hangars, storage and aircraft maintenance facilities, fuel facilities, and other personal or real property suitable for use by a scheduled air transportation enterprise.
History: En. Sec. 8, Ch. 656, L. 1979.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 1. General Provisions › Part 3. Finance › 67-1-303. Airline property tax -- state airports

67-1-303. Airline property tax -- state airports.
(1) Within 30 days of receipt, the county treasurer shall transmit to the department of revenue 90% of the property tax collected on property of airline companies by reason of a state airport being located in the county.
(2) The department of revenue shall place the money in the aeronautics operations account provided for in 67-1-308 for the purposes provided for in 67-1-301(3)(a).
History: En. Sec. 2, Ch. 238, L. 1981; amd. Sec. 6, Ch. 274, L. 1981; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 6, Ch. 512, L. 1991; amd. Sec. 15, Ch. 642, L. 1993; amd. Sec. 35, Ch. 257, L. 2001; amd. Sec. 5, Ch. 404, L. 2001; amd. Sec. 10, Ch. 455, L. 2019.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 1. General Provisions › Part 3. Finance › 67-1-304. Airport grants and loans

67-1-304. Airport grants and loans.
Any airport grant or loan that the department may be authorized to issue may be issued only after review and approval of the grant or loan request by the board.
History: En. Sec. 4, Ch. 685, L. 1983.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 1. General Provisions › Part 3. Finance › 67-1-306. Special aeronautical loan account

67-1-306. Special aeronautical loan account.
There is a special aeronautical loan account in the state special revenue fund. Principal and interest payments deposited in the account may be used only for providing loans specified in 67-1-307.
History: En. Sec. 13, Ch. 642, L. 1993.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 1. General Provisions › Part 3. Finance › 67-1-307. Aeronautical loans

67-1-307. Aeronautical loans.
Money deposited in the account created in 67-1-306 may, with the approval of the board, be used only to provide loans to local governments and state agencies for aeronautical purposes, including airport improvement. The board shall establish procedures, including the interest rate charged, for providing loans. Proceeds of all repayments of loans, including interest, made under this section must be deposited in the account created in 67-1-306.
History: En. Sec. 14, Ch. 642, L. 1993.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 1. General Provisions › Part 3. Finance › 67-1-308. Aeronautics operations account

67-1-308. Aeronautics operations account.
(1) There is an aeronautics operations account in the state special revenue fund. Revenue from the aviation fuel tax must be deposited in the account to the credit of the department pursuant to 67-1-301(3)(a).
(2) Money in the account must be used for the purpose of administering department functions pertaining to aeronautical powers and duties as provided in 67-2-101.
History: En. Sec. 1, Ch. 455, L. 2019.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 1. General Provisions › Part 3. Finance › 67-1-309. Airport grant account

67-1-309. Airport grant account.
(1) There is an airport grant account in the state special revenue fund. Revenue from the aviation fuel tax must be deposited in the account to the credit of the department pursuant to 67-1-301(3)(b).
(2) Money in the account is statutorily appropriated, as provided in 17-7-502, and with the approval of the board may be used to provide grants to local governments for airport development or improvement programs and to provide navigational aids, safety improvements, weather reporting services, and other aeronautical services for airports and landing fields and for the state's airways.
(3) The board shall establish procedures for the awarding of grants. The grant procedures must include a provision allowing a grant for the entire local match required for a project funded with federal funds.
History: En. Sec. 2, Ch. 455, L. 2019.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 2. Department of Transportation Aeronautical Powers and Duties › Part 1. General Powers › 67-2-101. Aeronautical powers and duties of department

67-2-101. Aeronautical powers and duties of department.
(1) The department shall supervise aeronautics within this state. It shall encourage, foster, and assist in the development of aeronautics and encourage the establishment of airports and other air navigation facilities.
(2) The department shall cooperate with and assist the federal government, the political subdivisions of this state, and others engaged in aeronautics or the promotion of aeronautics and shall coordinate the aeronautical activities of these bodies.
(3) The department may designate, design, and establish, expand, or modify a state airways system which will best serve the interests of the state. It may chart that airways system and arrange for publication and distribution of maps, charts, notices, and bulletins relating to the airways which may be required in the public interest. The system shall be supplementary to and coordinated in design and operation with the federal airways system. It may include all types of air navigation facilities, but the facilities must conform to federal safety standards.
(4) The department may draft and recommend necessary legislation to advance the interests of the state in aeronautics and represent the state in aeronautical matters before federal agencies and other state agencies.
(5) The department may participate as party plaintiff or defendant or as intervenor on behalf of the state or a municipality or citizen in a controversy involving any claimed encroachment by the federal government or any foreign state upon state or individual rights pertaining to aeronautics.
(6) The department may use the facilities and services of other agencies of the state when reasonably available.
(7) The department may enter into any contracts necessary to the execution of the powers granted the department by this title.
(8) The department shall grant no exclusive right for the use of an airway, airport, restricted landing area, or other air navigation facility under its jurisdiction. This subsection does not prevent the making of leases in accordance with other provisions of this title.
History: En. Sec. 7, Ch. 152, L. 1945; amd. Sec. 4, Ch. 348, L. 1974; R.C.M. 1947, 1-204.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 2. Department of Transportation Aeronautical Powers and Duties › Part 1. General Powers › 67-2-102. Rules, orders, and standards

67-2-102. Rules, orders, and standards.
(1) The department may perform acts; issue and amend orders; adopt reasonable, general, or special rules; and establish minimum standards, consistent with this title, as it considers necessary to:
(a) carry out this title;
(b) perform its duties for the purpose of protecting and ensuring the general public interest and safety, the safety of persons receiving instruction concerning (or operating, using, or traveling in) aircraft, and of persons and property on land or water; and
(c) develop and promote aeronautics in this state.
(2) All rules prescribed by the department under this title shall be kept in conformity, as nearly as may be, with the then-current federal legislation governing aeronautics and the rules and standards adopted or issued under federal legislation.
History: En. 1-204.2 by Sec. 6, Ch. 348, L. 1974; R.C.M. 1947, 1-204.2.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 2. Department of Transportation Aeronautical Powers and Duties › Part 1. General Powers › 67-2-105. Air search and rescue volunteers -- expenses -- workers' compensation coverage

67-2-105. Air search and rescue volunteers -- expenses -- workers' compensation coverage.
(1) The department may temporarily employ an aircrew member or other person who volunteers to aid in the aerial search for a missing aircraft being conducted by the department.
(2) The department and volunteer stand in the relationship of employer and employee for purposes of and as those terms are defined in Title 39, chapter 71. The department must have each volunteer covered by the Workers' Compensation Act in Title 39, chapter 71, during the course of the volunteer's assistance.
(3) Volunteers are not salaried employees and are not entitled to wages and benefits. The department may in its discretion reimburse volunteers for their otherwise uncompensated out-of-pocket expenses, including but not limited to their expenditures for fuel, oil, food, and lodging.
History: En. Sec. 1, Ch. 336, L. 1985; amd. Sec. 8, Ch. 279, L. 1993.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 2. Department of Transportation Aeronautical Powers and Duties › Part 2. State Aircraft (Repealed) › 67-2-201. Repealed

67-2-201. Repealed.
Sec. 4, Ch. 23, L. 1981; Sec. 22, Ch. 274, L. 1981.
History: En. 1-1101 by Sec. 1, Ch. 378, L. 1974; amd. Sec. 4, Ch. 213, L. 1975; amd. Sec. 9, Ch. 232, L. 1977; R.C.M. 1947, 1-1101.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 2. Department of Transportation Aeronautical Powers and Duties › Part 2. State Aircraft (Repealed) › 67-2-202. Repealed

67-2-202. Repealed.
Sec. 4, Ch. 23, L. 1981; Sec. 22, Ch. 274, L. 1981.
History: En. 1-1102 by Sec. 2, Ch. 378, L. 1974; amd. Sec. 5, Ch. 213, L. 1975; R.C.M. 1947, 1-1102.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 2. Department of Transportation Aeronautical Powers and Duties › Part 2. State Aircraft (Repealed) › 67-2-203. Repealed

67-2-203. Repealed.
Sec. 4, Ch. 23, L. 1981; Sec. 22, Ch. 274, L. 1981.
History: En. 1-1103 by Sec. 3, Ch. 378, L. 1974; amd. Sec. 6, Ch. 213, L. 1975; R.C.M. 1947, 1-1103.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 2. Department of Transportation Aeronautical Powers and Duties › Part 2. State Aircraft (Repealed) › 67-2-204. Repealed

67-2-204. Repealed.
Sec. 4, Ch. 23, L. 1981; Sec. 22, Ch. 274, L. 1981.
History: En. 1-1104 by Sec. 4, Ch. 378, L. 1974; R.C.M. 1947, 1-1104.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 2. Department of Transportation Aeronautical Powers and Duties › Part 2. State Aircraft (Repealed) › 67-2-205. Repealed

67-2-205. Repealed.
Sec. 4, Ch. 23, L. 1981; Sec. 22, Ch. 274, L. 1981.
History: En. 1-1105 by Sec. 5, Ch. 378, L. 1974; R.C.M. 1947, 1-1105(part).
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 2. Department of Transportation Aeronautical Powers and Duties › Part 3. State Airports › 67-2-302. State airports -- operation

67-2-302. State airports -- operation.
(1) The department may:
(a) lease, for a term not exceeding 40 years, airports or other air navigation facilities or real property acquired or set apart for airport purposes to private parties, a municipal or state government or the national government, or a department of either for operation;
(b) lease or assign, for a term not exceeding 40 years, space, area, improvements, or equipment on those airports to private parties, a municipal or state government or the national government, or a department of either for operation or use consistent with the purposes of this title;
(c) sell any part of those airports, other air navigation facilities, or real property to a municipal or state government or to the United States or a department or instrumentality of the United States for purposes incidental to or for aeronautical purposes; and
(d) confer the privilege of concessions for supplying goods, commodities, things, services, and facilities upon the premises of those airports. However, in conferring the concessions, the public may not be deprived of its rightful, equal, and uniform use of the subject of the concessions.
(2) The department may determine the charges or rental for the use of state airports, the charges for service or accommodations under its control, and the terms and conditions under which the property may be used. However, the public may not be deprived of its rightful, equal, and uniform use of the property. Charges must be reasonable and uniform for the same class of service and established with due regard to the property and improvements used and the expenses of operation to the state.
(3) The state has, and the department may enforce, agisters' liens as provided by law for repair, improvement, storage, or care of any personal property.
(4) The department may employ persons or contract with persons or firms to provide law enforcement in and around state airports whenever required by federal aviation regulations.
History: En. Sec. 19, Ch. 152, L. 1945; amd. Sec. 35, Ch. 348, L. 1974; amd. Sec. 1, Ch. 232, L. 1977; R.C.M. 1947, 1-401(6), (7); amd. Sec. 1, Ch. 192, L. 1981; amd. Sec. 1, Ch. 167, L. 2003; amd. Sec. 1, Ch. 17, L. 2007.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 2. Department of Transportation Aeronautical Powers and Duties › Part 4. Intergovernmental Cooperation › 67-2-401. Cooperation -- federal government

67-2-401. Cooperation -- federal government.
(1) The department may confer with or hold joint hearings with any federal aeronautical agency in connection with any matter arising under this title or relating to the sound development of aeronautics and may avail itself of the cooperation, services, records, and facilities of federal agencies, as fully as practicable, in the administration and enforcement of this title. It shall reciprocate by furnishing to the federal agencies its cooperation, services, records, and facilities to the extent practicable.
(2) It shall report to the appropriate federal agency all accidents in aeronautics in this state of which it is informed and preserve, protect, and prevent the removal of the component parts of any aircraft involved in an accident being investigated by it until a federal agency begins an investigation. It shall report to the appropriate federal agency all refusals by it to register federal licenses, certificates, or permits; all revocations of certificates of registration; the reasons for its action; and all penalties of which it has knowledge imposed upon aircrews for violations of the laws of this state relating to aeronautics or for violations of the rules or orders of the department.
History: En. 1-204.1 by Sec. 5, Ch. 348, L. 1974; R.C.M. 1947, 1-204.1; amd. Sec. 8, Ch. 279, L. 1993.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 2. Department of Transportation Aeronautical Powers and Duties › Part 4. Intergovernmental Cooperation › 67-2-402. Cooperation -- municipalities

67-2-402. Cooperation -- municipalities.
(1) The department may offer its engineering or other technical services, without charge, to a municipality desiring them in connection with the construction, maintenance, or operation or proposed construction, maintenance, or operation of an airport or restricted landing area.
(2) The department may render assistance in the acquisition, development, operation, or maintenance of airports owned, controlled, or operated by municipalities in this state out of appropriations made by the legislature for that purpose.
(3) Municipalities may cooperate with the department in the development of aeronautics and aeronautic facilities in this state.
History: En. 1-204.3 by Sec. 7, Ch. 348, L. 1974; R.C.M. 1947, 1-204.3.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 2. Department of Transportation Aeronautical Powers and Duties › Part 5. Enforcement › 67-2-501. Enforcement

67-2-501. Enforcement.
The department and every state, county, and municipal officer charged with the enforcement of state or municipal laws shall enforce and assist in the enforcement of this title and of all rules adopted under it and of all other laws of this state relating to aeronautics. In the aid of that enforcement, the department possesses general police powers. The department may also, in the name of the state, enforce this title and the rules adopted under it by injunction in the courts of this state.
History: En. 1-204.4 by Sec. 8, Ch. 348, L. 1974; R.C.M. 1947, 1-204.4(1).
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 2. Department of Transportation Aeronautical Powers and Duties › Part 5. Enforcement › 67-2-502. Investigations and hearings

67-2-502. Investigations and hearings.
The department may hold investigations, inquiries, and hearings concerning matters covered by this title, by its orders and rules, and concerning accidents in aeronautics within this state. An officer or employee of the department designated to hold an investigation or hearing may administer oaths and affirmations; certify official acts; issue subpoenas; and compel the attendance and testimony of witnesses and the production of papers, books, and documents. In case of failure to comply with a subpoena or order issued under this title, the department may invoke the aid of a state court of general jurisdiction. The court may then order the witness to comply with the requirements of the subpoena or order or to give evidence pertaining to the matter in question. A failure to obey the order of the court may be punished as a contempt.
History: En. 1-204.4 by Sec. 8, Ch. 348, L. 1974; R.C.M. 1947, 1-204.4(2).
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 2. Department of Transportation Aeronautical Powers and Duties › Part 5. Enforcement › 67-2-503. Use of reports

67-2-503. Use of reports.
The reports of investigations or hearings may not be admitted in evidence or used for any purpose in any suit, action, or proceedings growing out of a matter referred to in the investigation, hearing, or report, except in case of criminal or other proceedings instituted in behalf of the department or this state under this title and other laws of this state relating to aeronautics. An officer or employee of the department may not be required to testify to any facts ascertained in or information gained by reason of the officer's or employee's official capacity or be required to testify as an expert witness in a suit, action, or proceeding involving an aircraft. The department may, in its discretion, make available to appropriate federal and state agencies information and material developed in the course of its hearings and investigations.
History: En. 1-204.4 by Sec. 8, Ch. 348, L. 1974; R.C.M. 1947, 1-204.4(3); amd. Sec. 1975, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 3. Regulation and Licensing › Part 1. General Provisions › 67-3-101. Regulation and licensing -- general provisions

67-3-101. Regulation and licensing -- general provisions.
In order to promote the general public interest and safety and to carry out the purposes of this title, the department may:
(1) require the annual registration of federal licenses, permits, or certificates of civil aircraft engaged in air navigation within this state, of aircrews engaged in aeronautics within this state, and of aeronautics instructors giving instruction in flying subjects and may issue certificates of registration. The certificates of registration constitute licenses of the aircraft, aircrews, and instructors for operations within this state to the extent permitted by the federal licenses, certificates, or permits so registered. The department may charge a fee for the registration of each federal license, certificate, or permit not exceeding $10. It may accept as evidence of the holding of a federal license, certificate, or permit the verified application of the owner of the aircraft, a member of the aircrew, or the instructor. The application shall contain information which the department may by rule or order prescribe.
(2) register aircraft repair shops, aircraft, aircraft parts and sales dealers, and other persons operating in aviation and license aircraft repair shops, aircraft, aircraft parts and sales dealers, and other persons operating in aviation, air schools, and aeronautics instructors giving instruction in ground subjects, in accordance with rules to be adopted by the department, and may annually renew these licenses. It may charge for the original licensing of aircraft repair shops, aircraft, aircraft parts and sales dealers, and other persons operating in aviation, air schools, and aeronautics instructors not more than $10 and for the renewal of a license not more than $10.
(3) upon notification by the federal aviation administration that it has revoked the license or certificate of an aircraft, aircrew member, air school, or aeronautics instructor, temporarily or permanently revoke the license or certificate of registration issued for that aircraft, aircrew member, air school, or aeronautics instructor, giving reasons for the action.
History: En. Sec. 9, Ch. 152, L. 1945; amd. Sec. 10, Ch. 348, L. 1974; R.C.M. 1947, 1-301(1); amd. Sec. 2, Ch. 398, L. 1985; amd. Sec. 1, Ch. 508, L. 1985; amd. Sec. 125, Ch. 370, L. 1987; amd. Sec. 8, Ch. 279, L. 1993.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 3. Regulation and Licensing › Part 1. General Provisions › 67-3-102. Exceptions

67-3-102. Exceptions.
The provisions of 67-3-101(2) and (3) do not apply to:
(1) an aircraft that has been licensed by a foreign country with which the United States has a reciprocal agreement covering the operations of that licensed aircraft;
(2) an aircraft that is owned by a nonresident of this state who is lawfully entitled to operate the aircraft in the state of residence;
(3) an aircraft engaged principally in commercial flying constituting an act of interstate or foreign commerce;
(4) an aircrew operating military or public aircraft or an aircraft licensed by a foreign country with which the United States has a reciprocal agreement covering the operation of that licensed aircraft;
(5) a person operating model aircraft or a person piloting an aircraft that is equipped with fully functioning dual controls when a licensed instructor is in full charge of one set of the controls and the flight is solely for instruction or for the demonstration of the aircraft to a prospective purchaser;
(6) a nonresident operating aircraft in this state who is lawfully entitled to operate aircraft in the state of residence;
(7) an aircrew while operating or taking part in the operation of an aircraft engaged principally in commercial flying constituting an act of interstate or foreign commerce.
History: En. Sec. 9, Ch. 152, L. 1945; amd. Sec. 10, Ch. 348, L. 1974; R.C.M. 1947, 1-301(3); amd. Sec. 8, Ch. 279, L. 1993; amd. Sec. 1976, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 3. Regulation and Licensing › Part 1. General Provisions › 67-3-103. Licenses and certificates -- exhibition

67-3-103. Licenses and certificates -- exhibition.
(1) The federal license, certificate, or permit and the evidence of registration in this or another state, if any, required for an aircrew member shall be kept in the personal possession of the aircrew member when operating within this state and must be presented for inspection upon the demand of a passenger, a peace officer of this state, an authorized official or employee of the department, or an official, manager, or person in charge of an airport in this state upon which the aircrew member lands or upon the reasonable request of any other person.
(2) The federal aircraft license, certificate, or permit and the evidence of registration in this or another state, if any, required for aircraft must be carried in every aircraft operating in this state at all times and must be conspicuously posted in the aircraft where they may readily be seen by passengers or inspectors and must be presented for inspection upon demand of a passenger, a peace officer of this state, an authorized official or employee of the department, or an official, manager, or person in charge of an airport in this state upon which it lands or upon the reasonable request of any person.
History: En. Sec. 10, Ch. 152, L. 1945; amd. Sec. 11, Ch. 348, L. 1974; R.C.M. 1947, 1-302; amd. Sec. 8, Ch. 279, L. 1993.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 3. Regulation and Licensing › Part 1. General Provisions › 67-3-104. Department orders

67-3-104. Department orders.
(1) The department shall set forth its reasons for its action and shall state the requirements to be met before approval will be given, registration permitted, license granted, or order modified or changed before it:
(a) refuses to permit the registration of a license, certificate, or permit;
(b) refuses to grant a license to an air school or to an aeronautics instructor in ground subjects; or
(c) issues an order requiring certain things to be done or revoking a license or certificate.
(2) An order made by the department under this title shall be served upon the interested persons by registered or certified mail or in person.
(3) (a) A person aggrieved by an order of the department or by the granting or denial of a license, certificate, or registration may, within 10 days after receiving notice of the department's order or action, appeal from the order or action to the district court of the county in which the person resides or the county in which any property affected by the order or action is located.
(b) The appellant shall file with the clerk of the district court to which the appeal is taken a notice of appeal which shall state the substance of the order or action appealed from, the date of the order or action, and that the person appeals to the court from it.
(c) The appellant shall serve a copy of the notice of appeal upon the department. The order of filing and service is immaterial.
(d) The appeal shall be heard not less than 10 days or more than 30 days after the filing of the notice of appeal unless the judge, for sufficient cause resulting from press of business or other reason, is unable to hear the appeal within that time. In that event, the hearing may be deferred until it can be heard by the court. The appeal may be heard without formal pleadings.
History: En. Sec. 18, Ch. 152, L. 1945; amd. Sec. 17, Ch. 348, L. 1974; R.C.M. 1947, 1-310(part); amd. Sec. 3, Ch. 398, L. 1985.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 3. Regulation and Licensing › Part 1. General Provisions › 67-3-105. Inspection powers

67-3-105. Inspection powers.
A person charged with the duty of enforcing this title may inspect and examine at reasonable hours any premises, buildings, or other structures where airports, restricted landing areas, air schools, flying clubs, or other air navigation facilities or aeronautical activities are operated or carried on.
History: En. Sec. 18, Ch. 152, L. 1945; amd. Sec. 17, Ch. 348, L. 1974; R.C.M. 1947, 1-310(part).