reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 4. Monopolies in Financing Sale of Motor Vehicles › 61-4-402. Definitions

61-4-402. Definitions.
(1) "Finance company" or "finance agency" means a person, firm, association, corporation, or other organization engaged in the business of buying, selling, assigning, dealing, financing, or acquiring conditional contracts of sale or engaged in the business of purchasing or acquiring promissory notes or any other form or evidences of indebtedness of sale, either secured by vendor's lien, conditional bill of sale, chattel mortgage, or leases arising out of the sale of motor vehicles in this state.
(2) The term "manufacturer" means a person, firm, corporation, partnership, or association engaged either directly or indirectly in the manufacture or wholesale distribution of motor vehicles.
(3) The term "motor vehicle", as used in this part, includes a personal watercraft as defined in 23-2-502, a snowmobile as defined in 23-2-601, and an off-highway vehicle as defined in 23-2-801.
(4) The terms "sell", "sold", "buy", and "purchase", as used in this part, include exchange, barter, gift, and offer or contract to sell or buy.
(5) The term "wholesale distributor" means a person, firm, association, corporation, or other organization engaged directly or indirectly in the sale or distribution of motor vehicles to agents or to dealers.
History: En. Sec. 2, Ch. 144, L. 1937; R.C.M. 1947, 51-202(b) thru (d), (f); amd. Sec. 9, Ch. 384, L. 1999.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 4. Monopolies in Financing Sale of Motor Vehicles › 61-4-403. Certain financing agreements prohibited

61-4-403. Certain financing agreements prohibited.
It is unlawful for any manufacturer or wholesale distributor of motor vehicles to sell or enter into a contract for the sale of motor vehicles to any motor vehicle dealer on the condition or under an agreement, expressed or implied, that the dealer will finance the purchase or sale of any motor vehicle or vehicles only through a designated finance company or finance agency. Any such condition, agreement, or understanding is against the public policy of the state, and such condition, agreement, or understanding is unlawful, void, and unenforceable, either at law or equity.
History: En. Sec. 3, Ch. 144, L. 1937; R.C.M. 1947, 51-203; amd. Sec. 52, Ch. 421, L. 1979.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 4. Monopolies in Financing Sale of Motor Vehicles › 61-4-404. Threats prima facie evidence

61-4-404. Threats prima facie evidence.
Any threat, expressed or implied, made directly or indirectly to any dealer by any manufacturer or by any person who is engaged in the business of financing the purchase or sale of motor vehicles and is affiliated with or controlled by any manufacturer that the manufacturer will cease to sell or will terminate or refuse to enter into a contract to sell motor vehicles to the dealer unless the dealer finances the purchase or sale of any motor vehicles only with or through a designated person is presumed to be made at the direction of and with the authority of the manufacturer. The threat is prima facie evidence of the fact that the manufacturer has sold or intends to sell the motor vehicles on the condition or under the agreement prohibited by the provisions of this part.
History: En. Sec. 4, Ch. 144, L. 1937; R.C.M. 1947, 51-204; amd. Sec. 179, Ch. 542, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 4. Monopolies in Financing Sale of Motor Vehicles › 61-4-405. Penalty

61-4-405. Penalty.
Any person who shall violate any of the provisions of this part and any employee, agent, or officer of any such person who shall participate in any manner in making, enforcing, or performing or in aiding or abetting in the performance of any such contract, condition, agreement, or understanding shall be deemed guilty of a crime and upon conviction thereof shall be punished for each offense by a fine of not more than $5,000 or by imprisonment in the penitentiary for not more than 5 years or in the county jail for not more than 1 year or by both such fine and imprisonment.
History: En. Sec. 5, Ch. 144, L. 1937; R.C.M. 1947, 51-205.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 4. Monopolies in Financing Sale of Motor Vehicles › 61-4-406. Suit for injury to business or property

61-4-406. Suit for injury to business or property.
In addition to the criminal and civil penalties provided in this part, any person who is injured in the person's business or property by any other person or corporation or association or partnership by reason of anything forbidden or declared to be unlawful by this part may sue for damages in any court having jurisdiction in the county where the defendant resides or is found or any agent resides or is found or where service may be obtained, without respect to the amount in controversy, and recover twice the amount of damages sustained and the costs of suit. Whenever it appears to the court before which any proceedings under this part may be pending that the ends of justice require that other parties must be brought before the court, the court may cause them to be made parties defendant and summoned, whether or not they reside in the county where the action is pending.
History: En. Sec. 6, Ch. 144, L. 1937; R.C.M. 1947, 51-206; amd. Sec. 1943, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 5. New Motor Vehicle Warranties -- Remedies › 61-4-501. Definitions

61-4-501. Definitions.
For purposes of this part, the following definitions apply:
(1) "Collateral charge" means all governmental charges, including but not limited to sales tax, property tax, license and registration fees, and fees in lieu of tax.
(2) "Consumer" means the purchaser or lessee, other than for purposes of resale or lease, of a passenger motor vehicle used for personal, family, or household purposes that has not been brought into nonconformity as the result of abuse, neglect, or unauthorized modifications or alterations. The term includes any person to whom the passenger motor vehicle is transferred for the same purposes during the duration of an express warranty applicable to the passenger motor vehicle and any other person entitled by the terms of the warranty to enforce the obligations of the warranty.
(3) "Incidental damage" means incidental and consequential damage as defined in 30-2-715.
(4) "Manufacturer" has the meaning applied to that word in 61-4-201.
(5) (a) "Motor vehicle" means a vehicle, including the nonresidential portion of a motor home, propelled by its own power, designed primarily to transport persons or property upon the public highways, and sold or registered in this state.
(b) The term does not include:
(i) a truck with 15,000 pounds or more gross vehicle weight rating; or
(ii) components, systems, fixtures, appliances, furnishings, accessories, and features that are designed, used, and maintained primarily for residential purposes.
(6) "Reasonable allowance for use" is an amount directly attributable to use of the motor vehicle by the consumer and any previous consumers prior to the first written notice of the nonconformity to the manufacturer or its agent and during any subsequent period when the motor vehicle is not out of service because of nonconformity. The reasonable allowance for use must be computed by multiplying the total contract price of the motor vehicle by a fraction having as its denominator 100,000 and having as its numerator the number of miles that the motor vehicle traveled prior to the manufacturer's acceptance of its return.
(7) "Warranty period" means the period ending 2 years after the date of the original delivery to the consumer of a new motor vehicle or during the first 18,000 miles of operation, whichever is earlier.
History: En. Sec. 1, Ch. 144, L. 1983; amd. Sec. 1, Ch. 744, L. 1985; amd. Sec. 2, Ch. 300, L. 1991; amd. Sec. 1, Ch. 360, L. 2003; amd. Sec. 180, Ch. 542, L. 2005; amd. Sec. 1, Ch. 84, L. 2007.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 5. New Motor Vehicle Warranties -- Remedies › 61-4-502. Notice -- warranty enforceable after warranty period -- when

61-4-502. Notice -- warranty enforceable after warranty period -- when.
(1) If a consumer notifies in writing the manufacturer or its agent during the warranty period that a new motor vehicle does not conform to all applicable express warranties, the repairs necessary to conform the new motor vehicle to the express warranties shall be made by or at the expense of the warrantor, regardless of the expiration of the warranty period after notification of nonconformity is given by the consumer.
(2) The warranty period of an express warranty is extended to equal the time that repair services are not available because of war or invasion or because of strike or fire, flood, or other natural disaster. The presumption provided herein may not apply against a manufacturer who has not received prior written notification from or on behalf of the consumer and has not had an opportunity to cure the alleged defect.
(3) The manufacturer must clearly and conspicuously disclose to the consumer in the warranty or owner's manual that written notification of a nonconformity is required before a consumer may be eligible for a refund or replacement of the vehicle. The manufacturer must include with the warranty or owner's manual the name and address where the written notification must be sent.
History: (1)En. Sec. 2, Ch. 144, L. 1983; (2)En. Sec. 5, Ch. 144, L. 1983; amd. Sec. 2, Ch. 744, L. 1985.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 5. New Motor Vehicle Warranties -- Remedies › 61-4-503. Replacement for nonconformity to warranty

61-4-503. Replacement for nonconformity to warranty.
(1) If after a reasonable number of attempts the manufacturer or its agent or authorized dealer is unable, during the warranty period, to conform the new motor vehicle to any applicable express warranty by repairing or correcting any defect or condition that substantially impairs the use and market value or safety of the motor vehicle to the consumer, the manufacturer shall replace it with a new motor vehicle of the same model and style and of equal value, unless for reasons of lack of availability replacement is impossible, in which case the manufacturer shall replace it with a motor vehicle of comparable market value.
(2) As an alternative to replacement, the manufacturer may accept return of the new motor vehicle from the consumer upon refund to the consumer of the full purchase price, plus reasonable collateral charges and incidental damages, less a reasonable allowance for the consumer's use of the motor vehicle. The refund must be paid to the consumer and to a lienholder, if any, in proportion to their interests.
History: En. Sec. 3, Ch. 144, L. 1983; amd. Sec. 3, Ch. 744, L. 1985; amd. Sec. 181, Ch. 542, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 5. New Motor Vehicle Warranties -- Remedies › 61-4-504. Reasonable number of attempts -- presumption

61-4-504. Reasonable number of attempts -- presumption.
A reasonable number of attempts to conform a new motor vehicle to the applicable express warranties is presumed to have been made for purposes of 61-4-503(1) if:
(1) the same nonconformity has been subject to repair four or more times by the manufacturer or its agent or authorized dealer during the warranty period but the nonconformity continues to exist; or
(2) the motor vehicle is out of service because of nonconformity for a cumulative total of 30 or more business days during the warranty period after notification of the manufacturer, agent, or dealer.
History: En. Sec. 4, Ch. 144, L. 1983; amd. Sec. 182, Ch. 542, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 5. New Motor Vehicle Warranties -- Remedies › 61-4-505. Dealer exemption -- liability to manufacturer

61-4-505. Dealer exemption -- liability to manufacturer.
(1) This part does not impose any liability on a dealer or create a cause of action by a consumer against a dealer under 61-4-503.
(2) A dealer is not liable to a manufacturer for any refunds or motor vehicle replacements in the absence of evidence indicating that repairs made by the dealer were carried out in a manner inconsistent with the manufacturer's instructions.
History: En. Sec. 8, Ch. 144, L. 1983; amd. Sec. 4, Ch. 744, L. 1985; amd. Sec. 183, Ch. 542, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 5. New Motor Vehicle Warranties -- Remedies › 61-4-506. Provisions nonexclusive -- applicability of U.C.C. -- defenses

61-4-506. Provisions nonexclusive -- applicability of U.C.C. -- defenses.
(1) The provisions of this part do not limit the rights or remedies available to a consumer under any other law.
(2) All express warranties arising from the sale of a new motor vehicle are subject to the provisions of Title 30, chapter 2, part 3.
(3) It is an affirmative defense to a claim brought under this part that an alleged nonconformity does not substantially impair the use, market value, or safety of the motor vehicle or that the nonconformity is the result of abuse, neglect, or unauthorized modification or alteration of a motor vehicle by the consumer.
History: En. Sec. 6, Ch. 144, L. 1983; amd. Sec. 5, Ch. 744, L. 1985; amd. Sec. 184, Ch. 542, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 5. New Motor Vehicle Warranties -- Remedies › 61-4-507. Exhaustion of remedies under federal law

61-4-507. Exhaustion of remedies under federal law.
The provisions of 61-4-503 are not applicable against a manufacturer who has established an informal dispute settlement procedure certified by the department to be in substantial compliance with the provisions of Title 16, Code of Federal Regulations, part 703, unless the consumer has first resorted to that procedure without satisfaction.
History: En. Sec. 7, Ch. 144, L. 1983; amd. Sec. 6, Ch. 744, L. 1985; amd. Sec. 195, Ch. 483, L. 2001; amd. Sec. 16, Ch. 280, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 5. New Motor Vehicle Warranties -- Remedies › 61-4-511. Manufacturer's dispute settlement procedure -- certification -- prohibited contents

61-4-511. Manufacturer's dispute settlement procedure -- certification -- prohibited contents.
(1) A manufacturer who has established an informal dispute settlement procedure under the provisions of Title 16, Code of Federal Regulations, part 703, shall submit a copy of the procedure to the department. The department shall issue a certificate of approval to a manufacturer whose procedure complies in all respects with the federal regulations and subsection (2) and shall maintain a record of the manufacturer's procedures certified. The department may issue subpoenas requiring the attendance of witnesses and the production of records, documents, or other evidence necessary to the department in an investigation related to the certification of a manufacturer's informal dispute settlement procedure.
(2) A manufacturer's informal dispute settlement procedure must afford the consumer or the consumer's representative an opportunity to appear and present evidence in Montana at a location reasonably convenient to the consumer and, further, may not include any practices that:
(a) delay a decision in any dispute beyond 60 days after the date on which the consumer initially resorts to the dispute settlement procedure;
(b) delay performance of remedies awarded in a settlement beyond 10 days after a decision, except that a manufacturer may have 30 days following the date of decision to replace a motor vehicle or make refund to the consumer as provided in 61-4-503;
(c) require the consumer to make the motor vehicle available for inspection by a manufacturer's representative more than once;
(d) fail to consider in decisions any remedies provided by this part; or
(e) require the consumer to take any action or assume any obligation not specifically authorized under the federal regulations referred to in subsection (1).
History: En. Sec. 7, Ch. 744, L. 1985; amd. Sec. 13, Ch. 503, L. 1985; amd. Sec. 196, Ch. 483, L. 2001; amd. Sec. 17, Ch. 280, L. 2005; amd. Sec. 185, Ch. 542, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 5. New Motor Vehicle Warranties -- Remedies › 61-4-512. Annual audit -- revocation or suspension of certification

61-4-512. Annual audit -- revocation or suspension of certification.
(1) A manufacturer establishing an informal dispute resolution procedure shall file with the department a copy of the annual audit required under Title 16, Code of Federal Regulations, part 703, along with any additional information that the department may require, including the number of refunds and replacements made by the manufacturer during the period audited.
(2) The department may, after notice and hearing as provided in Title 2, chapter 4, suspend or revoke the certification of a manufacturer's informal dispute resolution procedure upon a finding that the procedure is being used to create hardship to consumers. The department may consider the revocation or suspension in licensing manufacturers under Title 61, chapter 4, part 2.
History: En. Sec. 8, Ch. 744, L. 1985; amd. Sec. 13, Ch. 503, L. 1985; amd. Sec. 197, Ch. 483, L. 2001; amd. Sec. 18, Ch. 280, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 5. New Motor Vehicle Warranties -- Remedies › 61-4-515. Arbitration procedure

61-4-515. Arbitration procedure.
(1) The department shall provide an independent forum and arbitration procedure for the settlement of disputes between consumers and manufacturers of motor vehicles that do not conform to all applicable warranties under the provisions of this part. The procedure must conform to Title 27, chapter 5. All arbitration must take place in Montana at a place reasonably convenient to the consumer.
(2) Except as provided in 61-4-520, a consumer owning a motor vehicle that fails to conform to all applicable warranties may bring a grievance before an arbitrator only if the manufacturer of the motor vehicle has not established an informal dispute settlement procedure that has been certified by the department under 61-4-511.
History: En. Sec. 10, Ch. 744, L. 1985; amd. Sec. 23, Ch. 744, L. 1985; amd. Sec. 198, Ch. 483, L. 2001; amd. Sec. 70, Ch. 130, L. 2005; amd. Sec. 19, Ch. 280, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 5. New Motor Vehicle Warranties -- Remedies › 61-4-516. Selection of arbitrator

61-4-516. Selection of arbitrator.
An arbitrator for a grievance under this part must be chosen by the department. The department shall maintain a list of persons willing to serve as an arbitrator.
History: En. Sec. 11, Ch. 744, L. 1985; amd. Sec. 199, Ch. 483, L. 2001; amd. Sec. 2, Ch. 360, L. 2003; amd. Sec. 20, Ch. 280, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 5. New Motor Vehicle Warranties -- Remedies › 61-4-517. Implementation of arbitration

61-4-517. Implementation of arbitration.
(1) A consumer may initiate a request for arbitration by filing a notice with the department. The consumer shall file, on a form prescribed by the department, any information considered relevant to the resolution of the dispute and shall return the form, along with a $100 filing fee, within 5 days after receiving the form. The form must offer the consumer the choice of presenting any subsequent testimony orally or in writing, but not both.
(2) The department shall determine whether the complaint alleges the violation of any applicable warranty under this part. If the department determines that a complaint does not allege a warranty violation, it shall refund the filing fee.
(3) Upon acceptance of a complaint, the department shall notify the manufacturer of the filing of a request for arbitration and shall obtain from the manufacturer, on a form prescribed by the department, any information considered relevant to the resolution of the dispute. The manufacturer shall return the form within 15 days of receipt, with a filing fee of $750.
(4) Fees collected under this section must be deposited in a special revenue account for the use of the department in administering this part.
(5) The manufacturer's fee provided in subsection (3) is due only if the department's arbitration procedures are used.
History: En. Sec. 12, Ch. 744, L. 1985; amd. Sec. 200, Ch. 483, L. 2001; amd. Sec. 21, Ch. 280, L. 2005; amd. Sec. 2, Ch. 84, L. 2007.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 5. New Motor Vehicle Warranties -- Remedies › 61-4-518. Arbitration -- role of department of justice -- expert

61-4-518. Arbitration -- role of department of justice -- expert.
(1) The department shall investigate, gather, and organize all information necessary for a fair and timely decision in each dispute. The department may, on behalf of the arbitrator, issue subpoenas to compel the attendance of witnesses and the production of documents, papers, and records relevant to the dispute.
(2) If requested by the arbitrator, the department may forward a copy of all written testimony and documentary evidence to an independent technical expert certified by the national institute of automotive excellence. The expert may review the material and be available to advise and consult with the arbitrator. The expert, at the arbitrator's request, may be present whenever oral testimony is presented.
History: En. Sec. 13, Ch. 744, L. 1985; amd. Sec. 13, Ch. 503, L. 1985; amd. Sec. 201, Ch. 483, L. 2001; amd. Sec. 3, Ch. 360, L. 2003; amd. Sec. 22, Ch. 280, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 5. New Motor Vehicle Warranties -- Remedies › 61-4-519. Action by arbitrator -- decision

61-4-519. Action by arbitrator -- decision.
(1) The arbitrator shall, as expeditiously as possible but not later than 60 days after the department has accepted a complaint, render a fair decision based on the information gathered and disclose the arbitrator's findings and reasoning to the parties.
(2) The decision must provide appropriate remedies, including but not limited to:
(a) repair of the motor vehicle;
(b) replacement of the motor vehicle with an identical motor vehicle or a comparable motor vehicle acceptable to the consumer;
(c) refund as provided in 61-4-503(2);
(d) any other remedies available under the applicable warranties or 15 U.S.C. 2301 through 2312, as in effect on October 1, 1983; or
(e) reimbursement of expenses and costs to the prevailing party.
(3) The decision must specify a date for performance and completion of all awarded remedies. The department shall contact the prevailing party within 10 working days after the date for performance to determine whether performance has occurred. The parties shall act in good faith in abiding by any decision. In addition, if the decision is not accepted, the parties shall follow the provisions of Title 27, chapter 5. If the court determines that the appellant has acted without good cause in bringing an appeal of an award, the court, in its discretion, may grant to the respondent costs and reasonable attorney fees.
History: En. Sec. 14, Ch. 744, L. 1985; amd. Sec. 23, Ch. 744, L. 1985; amd. Sec. 202, Ch. 483, L. 2001; amd. Sec. 4, Ch. 360, L. 2003; amd. Sec. 23, Ch. 280, L. 2005; amd. Sec. 186, Ch. 542, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 5. New Motor Vehicle Warranties -- Remedies › 61-4-520. Nonconforming procedure -- arbitration de novo

61-4-520. Nonconforming procedure -- arbitration de novo.
A consumer injured by the operation of any procedure that does not conform with procedures established by a manufacturer pursuant to 61-4-511 and the provisions of Title 16, Code of Federal Regulations, part 703, may appeal any decision rendered as the result of the procedure by requesting arbitration de novo of the dispute by a department arbitrator. Filing procedures and fees for appeals must be the same as those required in 61-4-515 through 61-4-517. The findings of the manufacturer's informal dispute settlement procedure are admissible in evidence at the department's arbitration hearing and in any civil action arising out of any warranty obligation or matter related to the dispute.
History: En. Sec. 16, Ch. 744, L. 1985; amd. Sec. 203, Ch. 483, L. 2001; amd. Sec. 71, Ch. 130, L. 2005; amd. Sec. 24, Ch. 280, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 5. New Motor Vehicle Warranties -- Remedies › 61-4-525. Notice on resale of replaced motor vehicle

61-4-525. Notice on resale of replaced motor vehicle.
A motor vehicle that is returned to the manufacturer and that requires replacement or refund may not be sold in the state without a clear and conspicuous written disclosure of the fact that the motor vehicle was returned. The department may prescribe by rule the form and content of the disclosure statement and a procedure by which the disclosure may be removed upon a determination that the motor vehicle is no longer defective.
History: En. Sec. 9, Ch. 744, L. 1985; amd. Sec. 13, Ch. 503, L. 1985; amd. Sec. 25, Ch. 280, L. 2005; amd. Sec. 187, Ch. 542, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 5. New Motor Vehicle Warranties -- Remedies › 61-4-526. Records of disputes

61-4-526. Records of disputes.
The department shall maintain records of each dispute as it determines appropriate, including an index of disputes by brand name and model. The department shall, at intervals of no more than 6 months, compile and maintain statistics indicating the record of compliance with arbitration decisions and the number of refunds or replacements awarded. The statistical summary must be considered by the department in determining the issuance of any manufacturer license required under Title 61, chapter 4, part 2.
History: En. Sec. 15, Ch. 744, L. 1985; amd. Sec. 13, Ch. 503, L. 1985; amd. Sec. 204, Ch. 483, L. 2001; amd. Sec. 26, Ch. 280, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 5. New Motor Vehicle Warranties -- Remedies › 61-4-531. Nondelegable

61-4-531. Nondelegable.
The liabilities and obligations contained in this part may not be delegated or assigned to or assumed by any other person or entity.
History: En. Sec. 17, Ch. 744, L. 1985.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 5. New Motor Vehicle Warranties -- Remedies › 61-4-532. Repealed

61-4-532. Repealed.
Sec. 26, Ch. 335, L. 2019.
History: En. Sec. 18, Ch. 744, L. 1985; amd. Sec. 205, Ch. 483, L. 2001; amd. Sec. 27, Ch. 280, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 5. New Motor Vehicle Warranties -- Remedies › 61-4-533. Penalty

61-4-533. Penalty.
A violation of any provision of this part is an unfair or deceptive trade practice under Title 30, chapter 14, part 2, and the penalties provided in 30-14-224(1) apply.
History: En. Sec. 19, Ch. 744, L. 1985.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 1. Licensing Provisions › 61-5-101. Driver licensing responsibilities of department

61-5-101. Driver licensing responsibilities of department.
(1) The department shall maintain a permanent place of business at the state capital and shall provide the necessary staff, facilities, and equipment for the purpose of providing driver's license services as required by this part.
(2) The department shall provide an examiner to administer a commercial driver's license or motor vehicle driver's license examination in any county of the state if the examination is previously scheduled through the department.
History: En. Sec. 1, Ch. 267, L. 1947; amd. Sec. 1, Ch. 141, L. 1951; amd. Sec. 1, Ch. 101, L. 1957; amd. Sec. 1, Ch. 42, L. 1969; R.C.M. 1947, 31-117; amd. Sec. 53, Ch. 421, L. 1979; amd. Sec. 1, Ch. 451, L. 1979; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 1, Ch. 164, L. 1997; amd. Sec. 1, Ch. 358, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 1. Licensing Provisions › 61-5-102. Drivers to be licensed -- penalty

61-5-102. Drivers to be licensed -- penalty.
(1) (a) Except as provided in 61-5-104, a person may not drive a motor vehicle upon a highway in this state unless the person has a valid Montana driver's license. A person may not receive a Montana driver's license until the person surrenders to the department all valid driver's licenses issued by any other jurisdiction. A person may not have in the person's possession or under the person's control more than one valid Montana driver's license at any time.
(b) Except as provided in subsection (1)(c), the penalty for a violation of this section is a fine of not more than $500.
(c) A person who is eligible to hold a driver's license and has obtained a valid driver's license but has not renewed the license as provided in 61-5-111(3)(c) is not subject to the penalty in subsection (1)(b).
(2) (a) (i) Except as provided in subsections (2)(a)(ii) and (2)(a)(iii), a license is not valid for the operation of a motorcycle unless the holder of the license has completed the requirements of 61-5-110 and the license has been clearly marked with the words "motorcycle endorsement".
(ii) A motorcycle endorsement is not required for the operation of a low-speed electric vehicle or a motorcycle that is propelled by an electric motor or other device that transforms stored electrical energy into the motion of the vehicle, has a fully enclosed cab, is equipped with three wheels in contact with the ground, and is equipped with a seat and seatbelts.
(iii) A motorcycle endorsement is not required for the operation of an autocycle or a three-wheeled motorcycle.
(b) A license is not valid for the operation of a commercial motor vehicle unless the holder of the license has completed the requirements of 61-5-110, the license has been clearly marked with the words "commercial driver's license", and the license bears the proper endorsement for:
(i) the specific vehicle type or types being operated; or
(ii) the passengers or type or types of cargo being transported.
(3) A low-speed restricted driver's license is not valid for the operation of a motor vehicle other than a low-speed electric vehicle or a golf cart.
(4) When a city or town requires a licensed driver to obtain a local driving license or permit, a license or permit may not be issued unless the applicant presents a state driver's license valid under the provisions of this chapter.
History: En. Sec. 9, Ch. 267, L. 1947; amd. Sec. 1, Ch. 37, L. 1951; amd. Sec. 1, Ch. 79, L. 1957; amd. Sec. 1, Ch. 51, L. 1959; amd. Sec. 1, Ch. 211, L. 1961; R.C.M. 1947, 31-125(a) thru (c); (4)En. Sec. 9, Ch. 508, L. 1979; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 5, Ch. 443, L. 1987; amd. Sec. 3, Ch. 309, L. 1999; amd. Sec. 1, Ch. 415, L. 2001; amd. Sec. 6, Ch. 428, L. 2003; amd. Sec. 1, Ch. 79, L. 2005; amd. Sec. 4, Ch. 233, L. 2007; amd. Sec. 1, Ch. 462, L. 2007; amd. Sec. 11, Ch. 209, L. 2011; amd. Sec. 31, Ch. 321, L. 2017; amd. Sec. 3, Ch. 309, L. 2019; amd. Sec. 1, Ch. 217, L. 2021.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 1. Licensing Provisions › 61-5-103. Residency requirement

61-5-103. Residency requirement.
(1) A person who has resided in Montana for more than 60 consecutive days is considered to be a resident for the purpose of being licensed to operate a motor vehicle and must be licensed under the laws of Montana before operating a motor vehicle.
(2) A person who has resided in Montana for more than 30 consecutive days:
(a) is considered to be a resident for the purpose of being licensed to operate a commercial motor vehicle; and
(b) must be licensed under the laws of Montana before operating any commercial motor vehicle.
(3) The department may issue a commercial driver's license to a person who is not a resident of Montana or domiciled in Montana only if:
(a) the person is domiciled in a foreign country with commercial driver's license standards, as determined by the federal motor carrier safety administration of the department of transportation, that are not similar to the testing and licensing standards provided in 49 CFR, part 383, subparts F, G, and H; or
(b) the person is domiciled in a state that is prohibited by the federal motor carrier safety administration from issuing commercial driver's licenses under 49 CFR 384.405.
History: En. Sec. 9, Ch. 267, L. 1947; amd. Sec. 1, Ch. 37, L. 1951; amd. Sec. 1, Ch. 79, L. 1957; amd. Sec. 1, Ch. 51, L. 1959; amd. Sec. 1, Ch. 211, L. 1961; R.C.M. 1947, 31-125(d); amd. Sec. 54, Ch. 421, L. 1979; amd. Sec. 9, Ch. 378, L. 1989; amd. Sec. 4, Ch. 309, L. 1999; amd. Sec. 13, Ch. 428, L. 2005; amd. Sec. 110, Ch. 596, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 1. Licensing Provisions › 61-5-108. Application of minors -- imputed liability

61-5-108. Application of minors -- imputed liability.
(1) The application of a person who is under 18 years of age for a learner license, driver's license, or medical assessment and rehabilitation driving permit must be signed and verified before a person authorized to administer oaths or an employee of the department by a parent of the applicant or, if a parent is not available:
(a) by some other responsible adult who is willing to assume the obligation imposed under this chapter upon a person signing the application of a minor; or
(b) by the minor if the minor has submitted a certificate of insurance to the department pursuant to 61-6-133.
(2) Any negligence or willful misconduct of a minor who is under 18 years of age when driving a motor vehicle upon a highway must be imputed to a person who has signed the application of the minor for a learner license, driver's license, or medical and rehabilitation driving permit. The person who signs the application is jointly and severally liable with the minor for any damages caused by the negligence or willful misconduct unless a motor vehicle liability policy, as provided for in chapter 6 of this title, covering the minor is in effect, in which case there is no imputed liability as described in this section.
History: En. Sec. 15, Ch. 267, L. 1947; amd. Sec. 1, Ch. 140, L. 1961; R.C.M. 1947, 31-131; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 10, Ch. 443, L. 1987; amd. Sec. 2, Ch. 419, L. 1991; amd. Sec. 8, Ch. 309, L. 1999; amd. Sec. 16, Ch. 323, L. 2017; amd. Sec. 2, Ch. 570, L. 2021.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 1. Licensing Provisions › 61-5-109. Release from liability

61-5-109. Release from liability.
Any person who has signed the application of a minor for a license may thereafter file with the department a verified written request that the license of said minor so granted be canceled. Thereupon the department shall cancel the license of said minor and the person who signed the application of such minor shall be relieved from the liability imposed under this chapter by reason of having signed such application on account of any subsequent negligence or willful misconduct of such minor in operating a motor vehicle.
History: En. Sec. 16, Ch. 267, L. 1947; R.C.M. 1947, 31-132; amd. Sec. 1, Ch. 503, L. 1985.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 1. Licensing Provisions › 61-5-112. Reciprocal agreements

61-5-112. Reciprocal agreements.
The department is authorized to enter into reciprocal agreements with adjacent states that would allow certain drivers of vehicles transporting farm products, farm machinery, or farm supplies within 150 miles of a farm to operate without a commercial driver's license because the vehicles are not considered commercial motor vehicles as provided in 61-1-101(10)(b)(ii).
History: En. Sec. 12, Ch. 267, L. 1947; amd. Sec. 1, Ch. 26, L. 1969; amd. Sec. 15, Ch. 94, L. 1973; R.C.M. 1947, 31-128; amd. Sec. 56, Ch. 421, L. 1979; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 13, Ch. 443, L. 1987; amd. Sec. 11, Ch. 195, L. 1993; amd. Sec. 11, Ch. 309, L. 1999; amd. Sec. 10, Ch. 428, L. 2003; amd. Sec. 19, Ch. 428, L. 2005; amd. Sec. 189, Ch. 542, L. 2005; amd. Sec. 55, Ch. 329, L. 2007; amd. Sec. 3, Ch. 296, L. 2011; amd. Sec. 1, Ch. 302, L. 2017; amd. Sec. 4, Ch. 309, L. 2019; amd. Sec. 14, Ch. 335, L. 2019.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 1. Licensing Provisions › 61-5-113. Restricted licenses

61-5-113. Restricted licenses.
(1) If, upon an applicant's completion of the vision, knowledge, and skills tests required under 61-5-110, 61-5-111, and 61-5-207, the department determines that an applicant's ability to exercise ordinary and reasonable control in the safe operation of a motor vehicle on the highway depends on the use of adaptive equipment or operational restrictions, then the department shall include the appropriate restrictions on a license issued to the applicant. Once imposed, the restrictions may not be removed unless the department determines that the adaptive equipment or operational restrictions are no longer essential to the licensee's ability to exercise ordinary and reasonable control in the safe operation of a motor vehicle on the highway.
(2) The department may either issue a special restricted license or may include the restrictions on the usual license form.
(3) A court of competent jurisdiction may upon receiving satisfactory evidence of a violation of the restrictions of a license or endorsement suspend or revoke the license. The licensee is entitled to a hearing as upon suspension or revocation under this chapter.
(4) It is a misdemeanor for a person to operate a motor vehicle in a manner in violation of the restrictions imposed in a restricted license.
History: En. Sec. 21, Ch. 267, L. 1947; R.C.M. 1947, 31-137; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 14, Ch. 443, L. 1987; amd. Sec. 12, Ch. 309, L. 1999; amd. Sec. 1, Ch. 552, L. 2023.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 1. Licensing Provisions › 61-5-114. Replacement license -- veteran designation

61-5-114. Replacement license -- veteran designation.
(1) If a learner license or a driver's license issued under the provisions of this chapter is lost or destroyed or a person wants to update personal information contained on a learner license or a driver's license issued to the person, the person to whom the license was issued may, upon the payment of a fee of $10, obtain a replacement license, upon furnishing proof satisfactory to the department that the license has been lost or destroyed or that personal information has changed.
(2) If the hazardous materials endorsement on a commercial driver's license issued under the provisions of this chapter is revoked or removed pursuant to the authority provided in 61-5-147, the person to whom the license was issued shall surrender to the department the person's commercial driver's license with the hazardous materials endorsement and may obtain, upon making application and paying a $10 fee, a replacement license that does not include a hazardous materials endorsement.
(3) The department shall include the word "veteran" on the face of a driver's license if the requirements of 61-5-111(7) are met by the person applying for the driver's license.
History: En. Sec. 22, Ch. 267, L. 1947; amd. Sec. 1, Ch. 36, L. 1953; amd. Sec. 16, Ch. 121, L. 1965; R.C.M. 1947, 31-138; amd. Sec. 2, Ch. 277, L. 1985; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 15, Ch. 443, L. 1987; amd. Sec. 2, Ch. 558, L. 2003; amd. Sec. 20, Ch. 428, L. 2005; amd. Secs. 112, 163, Ch. 596, L. 2005; amd. Sec. 3, Ch. 322, L. 2013; amd. Sec. 17, Ch. 323, L. 2017.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 1. Licensing Provisions › 61-5-115. Notice of change of address

61-5-115. Notice of change of address.
Whenever any person after applying for or receiving a driver's license moves from the address named in the application or in the issued license, the person shall within 10 days notify the department in writing or electronically by an approved automated interface of the old and new addresses and of the number of any license then held by the person.
History: En. Sec. 24, Ch. 267, L. 1947; R.C.M. 1947, 31-140; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 16, Ch. 443, L. 1987; amd. Sec. 113, Ch. 596, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 1. Licensing Provisions › 61-5-116. License to be carried and exhibited on demand

61-5-116. License to be carried and exhibited on demand.
(1) A licensee must have the licensee's driver's license in the licensee's immediate possession at all times when operating a motor vehicle and shall display the license upon demand of a justice of the peace, a city or municipal judge, a peace officer, a highway patrol officer, or a field deputy or inspector of the department. However, a person charged with violating this section may not be convicted if the person produces in court or the office of the arresting officer a driver's license issued to the person and valid at the time of the person's arrest.
(2) (a) Beginning September 1, 2025, a licensee may meet the requirements of subsection (1) by having a digital or hard copy version of the licensee's driver's license in the licensee's immediate possession at all times when operating a motor vehicle and displaying the license upon demand.
(b) Only a digital or hard copy version of the licensee's driver's license issued and authorized by the department is sufficient to meet the requirements of this section.
History: En. Sec. 20, Ch. 267, L. 1947; R.C.M. 1947, 31-136; amd. Sec. 4, Ch. 348, L. 1985; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 17, Ch. 443, L. 1987; amd. Sec. 1, Ch. 217, L. 1989; amd. Sec. 1944, Ch. 56, L. 2009; amd. Sec. 1, Ch. 304, L. 2023.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 1. Licensing Provisions › 61-5-117. Repealed

61-5-117. Repealed.
Sec. 20, Ch. 428, L. 2003.
History: En. Sec. 40, Ch. 443, L. 1987; amd. Sec. 75, Ch. 10, L. 1993; amd. Sec. 12, Ch. 195, L. 1993; amd. Sec. 7, Ch. 53, L. 1995.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 1. Licensing Provisions › 61-5-118. Third-party commercial driver testing program -- certification of testing programs and examiners -- fees -- test waiver

61-5-118. Third-party commercial driver testing program -- certification of testing programs and examiners -- fees -- test waiver.
(1) The department may contract with and certify the following as a third-party commercial driver testing program to administer the approved commercial driver skills test to a Montana commercial driver's license applicant:
(a) any person, employer of commercial drivers, private driver training facility, or other private company;
(b) a postsecondary institution as defined in 20-26-603;
(c) a department, agency, or instrumentality of a local government of the state; or
(d) a department, agency, or instrumentality of a tribal government of the state.
(2) A certified third-party driver testing program shall administer the same skills test as would otherwise be administered by the department.
(3) The department may decertify a third-party commercial driver testing program for failure to comply with the department rules or federal regulations.
(4) The department may collect the following fees:
(a) a fee of $5,000 to certify a third-party commercial driver testing program and a fee of $2,500 for certification renewal;
(b) a fee of $500 to certify each third-party commercial driver examiner and a fee of $100 for certification renewal; and
(c) a fee of $25 for each successfully completed skills test to be paid by the applicant.
(5) (a) A commercial driver's license applicant who is tested under the third-party commercial driver testing program must have passed the knowledge test required by 61-5-110 and complied with commercial driver's license department rules and federal regulations and must possess a valid Montana commercial learner's permit.
(b) The road test or the skills test required by 61-5-110 may be waived by the department for a commercial driver's license applicant upon certification of the applicant's successful completion of the road test or the skills test by:
(i) a third-party commercial driver testing program certified under this section; or
(ii) a third-party commercial driver examiner from a jurisdiction that has a comparable third-party commercial driver testing program, as determined by the department.
History: En. Sec. 6, Ch. 53, L. 1995; amd. Sec. 1, Ch. 292, L. 1999; amd. Sec. 11, Ch. 428, L. 2003; amd. Sec. 2, Ch. 302, L. 2017; amd. Sec. 15, Ch. 335, L. 2019.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 5. Driver's Licenses › Part 1. Licensing Provisions › 61-5-119. Definitions

61-5-119. Definitions.
(1) For the purposes of 61-5-120, "driver rehabilitation specialist" means a person who:
(a) possesses current certification from the association of driver educators for the disabled as a driver rehabilitation specialist; or
(b) (i) provides comprehensive services in the clinical evaluation of the abilities of a person with a disability to safely operate a motor vehicle, utilizing, among other things, wheelchair and seating assessment, motor vehicle modification prescription, and driver education;
(ii) (A) possesses a bachelor's degree in rehabilitation, education, or health and safety, in physical, occupational, or recreational therapy, or in a related profession; or
(B) has an equivalent of 8 years of experience in driver rehabilitation and education; and
(iii) has at least 1 year of experience in the area of driver evaluation and training for individuals with disabilities.
(2) For the purposes of this chapter, unless the context requires otherwise, "cancellation" means that a driver's license is annulled and terminated because of some error or defect or because the licensee is no longer entitled to the license. Except as provided in 61-5-201(3), the cancellation of a license is without prejudice and application for a new license may be made at any time after cancellation.
History: En. Sec. 1, Ch. 309, L. 1999; amd. Secs. 21, 36, Ch. 428, L. 2005; amd. Sec. 190, Ch. 542, L. 2005.