reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 11. Records and Reports of Convictions › Part 5. Montana Driver Privacy Protection Act › 61-11-508. Permitted disclosure of personal information -- specific uses

61-11-508. Permitted disclosure of personal information -- specific uses.
(1) On application, proof of the identity of the person requesting a record, and payment of fees required in 61-11-510, the department may disclose personal information, including highly restricted personal information, from a motor vehicle record to:
(a) the person who is the subject of the motor vehicle record; or
(b) a person who represents that the use of the information will be strictly limited to one or more of the following:
(i) a federal, state, or local government agency, including a court or a law enforcement agency, and any individual acting on behalf of the agency in carrying out its functions, including county government elections officials verifying voter registration information and representatives of the news media for a legitimate law enforcement purpose, as determined by the department; or
(ii) a person, organization, or entity, on the express consent of the person to whom the information pertains.
(2) The department may not disclose a social security number unless:
(a) it is disclosed for the purposes of subtitle VI of Title 49 of the U.S.C.;
(b) it is disclosed to the department of public health and human services for use in administering Title IV-D of the Social Security Act;
(c) the release of the social security number is specifically authorized by law, but only the final four numbers of a social security number may be released to county government election officials verifying voter registration information; or
(d) it is disclosed to the department of revenue for use in administering and enforcing Montana's income tax laws. The department of revenue shall treat social security numbers received pursuant to this subsection (2)(d) as confidential pursuant to 15-30-2618.
History: En. Sec. 6, Ch. 363, L. 2001; amd. Sec. 12, Ch. 445, L. 2019; amd. Sec. 1, Ch. 538, L. 2023; amd. Sec. 1, Ch. 627, L. 2023.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 11. Records and Reports of Convictions › Part 5. Montana Driver Privacy Protection Act › 61-11-510. Prerequisites to disclosure

61-11-510. Prerequisites to disclosure.
(1) Prior to the disclosure of personal information or highly restricted personal information, as provided in 61-11-507, 61-11-508, or 61-11-509, the department shall require the requester to complete and submit an application, in a form prescribed by the department, identifying the requester and specifying the statutorily recognized uses for which the personal information or highly restricted personal information is being sought.
(2) The department shall require the requester to provide identification acceptable to the department.
(3) (a) The department shall collect the appropriate fees paid by the requester and shall determine the amount of the fees in accordance with 61-3-101, 61-11-105, and this subsection (3), and as appropriate, in accordance with the terms of a contract between the department and the requester.
(b) The department shall ensure that fees established by policy or contract:
(i) recover the department's cost and expenses as provided in 2-6-1006 and 61-3-101;
(ii) include an additional amount necessary to compensate the department for costs associated with developing and maintaining the database from which information is requested; and
(iii) incorporate, when applicable, the convenience fee established under 2-17-1103.
(c) Except as provided in 61-11-105(5)(b) and subsection (3)(d) of this section, the department shall charge a fee to any person, including a representative of a federal, state, or local government entity or member of the news media who requests information under this section.
(d) The department may not charge a fee for information requested by the governor's office of budget and program planning, the Montana tax appeal board, the department of revenue, any legislative branch agency or committee, or any criminal justice agency, as defined in 44-5-103.
History: En. Sec. 8, Ch. 363, L. 2001; amd. Sec. 6, Ch. 533, L. 2003; amd. Sec. 57, Ch. 348, L. 2015; amd. Sec. 47, Ch. 142, L. 2021; amd. Sec. 2, Ch. 627, L. 2023.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 11. Records and Reports of Convictions › Part 5. Montana Driver Privacy Protection Act › 61-11-515. Sale or disclosure of personal information by recipient

61-11-515. Sale or disclosure of personal information by recipient.
(1) A requester who receives personal information or highly restricted personal information pursuant to 61-11-507, 61-11-508, 61-11-509, or 61-11-510 may not sell or disclose the information, except for a use that is specifically permitted in 61-11-507, 61-11-508, or 61-11-509.
(2) A requester who sells or discloses personal information or highly restricted personal information to a third party under this section shall create and maintain records for a period of not less than 5 years from the date of the sale or disclosure. The records must show the name, address, telephone number, and any other identifying information required by the department of the third party who bought or received the information and must document the permitted use for which the information was obtained. The records must be produced or made available for inspection at the request of the department.
History: En. Sec. 9, Ch. 363, L. 2001.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 1. Powers of Local Authorities › 61-12-102. Private parking services -- parking citations

61-12-102. Private parking services -- parking citations.
(1) As used in this section, the following definitions apply:
(a) "Local government" means a municipality, if the private parking service operates parking services within a municipality, or a county, if the services are not operated within a municipality.
(b) "Private parking service" means the service of providing areas for parking motor vehicles by the general public for compensation and includes those services conducted:
(i) on private property; or
(ii) on public property under contract or agreement with the local government.
(2) A local government may by ordinance allow a private parking service to impound a motor vehicle. A motor vehicle may not be impounded by attaching a device that makes the motor vehicle immobile.
(3) A private parking service may enter into an agreement with the local government to authorize employees of the private parking service to issue citations for parking violations as defined by state, municipal, or county laws, that occur within the boundaries of the private parking service's parking areas. All citations must be considered within the jurisdiction of the local government and must be handled in the same manner as citations issued by peace officers of the local government.
History: En. Sec. 1, Ch. 215, L. 1987; amd. Sec. 233, Ch. 542, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 2. Enforcement by Department of Transportation Personnel › 61-12-201. Appointment of employees and out-of-state personnel as peace officers -- definition

61-12-201. Appointment of employees and out-of-state personnel as peace officers -- definition.
(1) The director of transportation may appoint employees of the department as peace officers to carry out this part. The employees appointed may include only those employees of the department who are employed in the administration of the motor carrier services functions of the department and employees of other states. Out-of-state personnel may be appointed only for the purpose of enforcing gross vehicle weight laws at joint weigh station facilities. Each employee appointed must be issued a certificate of appointment and execute an oath of office, which must be entered into the records of the department.
(2) The department may enter into joint weigh station agreements with other states. If the department enters into a joint weigh station agreement with another state, the department may not reduce staff levels in the motor carrier services division of the department as a result of the agreement but may reassign staff. However, this subsection does not apply to a reduction in force for the department as a whole.
(3) As used in this part, "department" means the department of transportation.
History: En. Sec. 1, Ch. 242, L. 1971; amd. Sec. 42, Ch. 316, L. 1974; R.C.M. 1947, 32-1632; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 19, Ch. 575, L. 1993; amd. Sec. 1, Ch. 360, L. 1995; amd. Sec. 256, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 2. Enforcement by Department of Transportation Personnel › 61-12-202. Training of department peace officers -- rules

61-12-202. Training of department peace officers -- rules.
(1) The department shall provide training as required to qualify employees to competently perform their duties under this part and shall adopt rules that are required and necessary for qualification of those employees as peace officers.
(2) An employee may not make arrests until the employee has successfully completed the training as required by the department.
History: En. Secs. 2, 3, Ch. 242, L. 1971; amd. Secs. 43, 44, Ch. 316, L. 1974; R.C.M. 1947, 32-1633, 32-1634; amd. Sec. 1967, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 2. Enforcement by Department of Transportation Personnel › 61-12-203. Official attire required for making arrests and carrying firearms

61-12-203. Official attire required for making arrests and carrying firearms.
Qualified employees may make arrests throughout the state only when dressed in official uniform and displaying the official badge authorized by the department. Authorized employees may not carry firearms unless officially attired.
History: En. Sec. 4, Ch. 242, L. 1971; amd. Sec. 45, Ch. 316, L. 1974; R.C.M. 1947, 32-1635.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 2. Enforcement by Department of Transportation Personnel › 61-12-204. Identification badge and uniform -- safety equipment

61-12-204. Identification badge and uniform -- safety equipment.
(1) Employees of the department engaged in the enforcement of this part shall wear and prominently display an identification badge or device with the employee's name and title shown on the identification badge or device. The department may authorize uniform dress for department employees engaged in such enforcement.
(2) The department may issue soft body armor to an employee engaged in the enforcement of this part upon request of the employee after the employee's appointment as a peace officer.
History: En. Sec. 6, Ch. 242, L. 1971; amd. Sec. 47, Ch. 316, L. 1974; R.C.M. 1947, 32-1637; amd. Sec. 1, Ch. 333, L. 1991.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 2. Enforcement by Department of Transportation Personnel › 61-12-205. Power to inspect vehicle registration, receipts, and other documents

61-12-205. Power to inspect vehicle registration, receipts, and other documents.
Employees of the department designated or appointed as peace officers under 61-10-154 or 61-12-201 may when officially dressed make reasonable inspections of vehicle registration receipts, department receipts and registrations, special permits, and other documents required to be carried in or for a vehicle traveling on the public highways of Montana.
History: En. Sec. 5, Ch. 242, L. 1971; amd. Sec. 46, Ch. 316, L. 1974; R.C.M. 1947, 32-1636; amd. Sec. 10, Ch. 366, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 2. Enforcement by Department of Transportation Personnel › 61-12-206. Offenses for which arrest authorized

61-12-206. Offenses for which arrest authorized.
Employees designated or appointed as peace officers under 61-10-154 or 61-12-201 may make arrests for violations of the following statutory provisions:
(1) chapters 3 and 5 of this title, but only if the vehicle involved is subject to 61-10-141;
(2) chapter 10 of this title;
(3) part 3, chapter 4, of this title;
(4) 15-24-201 through 15-24-205;
(5) Title 15, chapter 70, part 4;
(6) 61-10-154 and safety rules adopted under that section; and
(7) Title 69, chapter 12.
History: En. Sec. 8, Ch. 242, L. 1971; amd. Sec. 49, Ch. 316, L. 1974; R.C.M. 1947, 32-1639; amd. Sec. 5, Ch. 39, L. 1981; amd. Sec. 1, Ch. 100, L. 1991; amd. Sec. 20, Ch. 575, L. 1993; amd. Sec. 19, Ch. 10, Sp. L. November 1993; amd. Sec. 2, Ch. 360, L. 1995; amd. Sec. 4, Ch. 538, L. 1995; amd. Sec. 16, Ch. 125, L. 1997; amd. Sec. 11, Ch. 366, L. 2005; amd. Sec. 36, Ch. 220, L. 2015.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 2. Enforcement by Department of Transportation Personnel › 61-12-207. Cooperation with other agencies

61-12-207. Cooperation with other agencies.
Such employees of the department shall cooperate with other law enforcement agencies.
History: En. Sec. 9, Ch. 242, L. 1971; amd. Sec. 50, Ch. 316, L. 1974; R.C.M. 1947, 32-1640.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 2. Enforcement by Department of Transportation Personnel › 61-12-208. Duty upon making arrest -- power to fix and accept bail

61-12-208. Duty upon making arrest -- power to fix and accept bail.
Employees designated or appointed as peace officers under 61-10-154 or 61-12-201, upon making an arrest, shall deliver to the offender a form of notice to appear, describing the nature of the offense, with instructions on the notice for the offender to report to the nearest justice of the peace. The employee may accept a deposit for appearance justifiable for the offense charged. The person who is arrested may be detained for a reasonable time for the purpose of issuing the notice or of awaiting the arrival of another peace officer who has been called to the scene, or the person may be transported, as provided in 46-7-101. If the employee accepts bail, the employee shall give a signed receipt to the offender, setting forth the amount received. The employee shall then deliver the bail money to the justice of the peace before whom the offender is to appear, and the justice of the peace shall give a receipt to the employee for the amount of bail money delivered. After the filing of the complaint and appearance of the defendant, the justice of the peace shall assume jurisdiction and may set and accept further appearance bail bond.
History: En. Sec. 10, Ch. 242, L. 1971; amd. Sec. 51, Ch. 316, L. 1974; R.C.M. 1947, 32-1641; amd. Sec. 92, Ch. 421, L. 1979; amd. Sec. 3, Ch. 360, L. 1995; amd. Sec. 12, Ch. 366, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 3. Motor Club Service Companies › 61-12-302. Companies and agents to be licensed

61-12-302. Companies and agents to be licensed.
No company or any agent, as herein defined, doing business in this state shall execute, issue, or deliver any service contract to any person or persons owning or operating motor vehicles without first having obtained a license from the commissioner as provided for in this part, nor shall any such company or agent collect or receive from any person or persons in advance of the execution, issuance, or delivery of any such service contract any money or other thing of value upon any promise or agreement to execute, issue, or deliver any such service contract without first having obtained a license from said commissioner as provided for in this part.
History: En. Sec. 2, Ch. 131, L. 1931; re-en. Sec. 4211.2, R.C.M. 1935; R.C.M. 1947, 66-1102.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 3. Motor Club Service Companies › 61-12-303. Requirements for license

61-12-303. Requirements for license.
(1) The commissioner may not issue a license to a company until the company has filed the following:
(a) a formal application in the form and detail that the commissioner may require, executed under oath by its president or other principal officer;
(b) a copy of the form of its contract;
(c) a certified copy of its charter or articles of incorporation and its bylaws, if any;
(d) a financial statement in the form and detail that the commissioner may require, executed on oath by its president or other principal officer;
(e) a certificate from the commissioner that it has complied with 61-12-304 in all cases in which a deposit of cash or a bond is required by this part;
(f) if the company is a corporation, a certificate from the secretary of state that the company has complied with this state's corporate laws.
(2) The commissioner may not issue a license to a company until the company has paid to the commissioner $100 as an annual license fee or the pro rata portion of the $100 necessary to be paid to the end of the current calendar year from the date of the application for the license.
(3) The commissioner may not issue a license to a company until the company has satisfied by an examination and evidence that the commissioner may require that the company has complied with the laws of the state, that its management is trustworthy and competent, and that the company is financially responsible.
History: En. Sec. 3, Ch. 131, L. 1931; re-en. Sec. 4211.3, R.C.M. 1935; R.C.M. 1947, 66-1103; amd. Sec. 19, Ch. 798, L. 1991; amd. Sec. 63, Ch. 472, L. 1999.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 3. Motor Club Service Companies › 61-12-304. Deposits required

61-12-304. Deposits required.
The commissioner may not grant a license to a company until it has deposited with the commissioner the sum of $25,000 in cash or in lieu thereof a bond in a form prescribed by the commissioner payable to the state of Montana in the sum of $25,000, with surety approved by the commissioner, conditioned upon the faithful performance of its service contracts and payment of any fines or penalties levied against it for failure to comply with this part. However, when any company proves to the commissioner that it has been in continuous, active operation in the state for a period of more than the preceding 5 years and has a paid membership of more than 5,000 members within the state or that there are more than 5,000 holders of its service contracts within the state and that it is being properly managed, is rendering to its members the services promised to them, and is financially responsible, the commissioner may not require a cash deposit or bond while the company remains in that condition. The cash deposit or bond is not a penalty but is for the protection of the public only.
History: En. Sec. 4, Ch. 131, L. 1931; re-en. Sec. 4211.4, R.C.M. 1935; R.C.M. 1947, 66-1104; amd. Sec. 20, Ch. 798, L. 1991.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 3. Motor Club Service Companies › 61-12-305. Continuance of license

61-12-305. Continuance of license.
Subject to payment by January 1 of each year of the annual license fee required under 61-12-303, each license continues in force as long as the company is entitled to the license under this part or until the license is revoked, suspended, or otherwise terminated.
History: En. Sec. 5, Ch. 131, L. 1931; re-en. Sec. 4211.5, R.C.M. 1935; R.C.M. 1947, 66-1105; amd. Sec. 21, Ch. 798, L. 1991.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 3. Motor Club Service Companies › 61-12-306. Revocation of license

61-12-306. Revocation of license.
If the commissioner at any time for cause shown and after a hearing determines that a company has violated any provision of this part, that it is insolvent or that its assets are less than its liabilities, that it or its officers refuse to submit to an examination, that it is transacting business fraudulently, or that its management or business methods are improper or hazardous to the holders of its service contracts, the commissioner shall revoke or suspend its license and shall give notice of the suspension or revocation to the public in a manner that the commissioner considers proper.
History: En. Sec. 6, Ch. 131, L. 1931; re-en. Sec. 4211.6, R.C.M. 1935; R.C.M. 1947, 66-1106; amd. Sec. 1969, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 3. Motor Club Service Companies › 61-12-307. Financial statement to be filed

61-12-307. Financial statement to be filed.
A company shall annually, on or before February 1 of each year, file with the commissioner a financial statement in the form and detail that the commissioner may prescribe, executed on oath by its president or other principal officer, showing its financial condition on December 31 of the preceding year.
History: En. Sec. 7, Ch. 131, L. 1931; re-en. Sec. 4211.7, R.C.M. 1935; R.C.M. 1947, 66-1107; amd. Sec. 1970, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 3. Motor Club Service Companies › 61-12-308. Service contract to be filed with commissioner

61-12-308. Service contract to be filed with commissioner.
A service contract may not be executed, issued, or delivered in this state until a copy of the form of the contract has been on file for 30 days with the commissioner, unless before the expiration of 30 days the commissioner has approved the form in writing. A service contract may not be executed, issued, or delivered at any time in this state if the commissioner notified the company in writing within the 30-day period that in the commissioner's opinion the form of the contract does not comply with the laws of this state, specifying the reasons for the opinion.
History: En. Sec. 8, Ch. 131, L. 1931; re-en. Sec. 4211.8, R.C.M. 1935; R.C.M. 1947, 66-1108; amd. Sec. 1971, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 3. Motor Club Service Companies › 61-12-309. Contracts to be in duplicate

61-12-309. Contracts to be in duplicate.
Every service contract executed, issued, or delivered in this state shall be made in duplicate, and shall be signed by the company issuing the same, or by its duly authorized agent, and by the party purchasing the same, and one copy thereof shall be kept by said company, and the other copy shall be delivered to the party purchasing the same.
History: En. Sec. 9, Ch. 131, L. 1931; re-en. Sec. 4211.9, R.C.M. 1935; R.C.M. 1947, 66-1109.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 3. Motor Club Service Companies › 61-12-310. Form of contract

61-12-310. Form of contract.
A motor club service contract may not be executed, issued, or delivered in this state unless it contains the following:
(1) the name of the motor club service company;
(2) the location of its home office, giving street number, city, and state;
(3) a provision that the contract may be canceled at any time by either the company or the holder and that the holder is, if the holder has actually paid the consideration, entitled to the unused portion of the consideration paid for the contract, calculated on a pro rata basis without any deductions;
(4) a provision plainly specifying the services promised and that the holder is not required to pay any sum for any services specified in the contract in addition to the amount specified in the contract and further specifying the territory where the services are to be rendered and the date when the service commences.
History: En. Sec. 10, Ch. 131, L. 1931; re-en. Sec. 4211.10, R.C.M. 1935; R.C.M. 1947, 66-1110; amd. Sec. 71, Ch. 227, L. 2001.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 3. Motor Club Service Companies › 61-12-311. Companies to be licensed

61-12-311. Companies to be licensed.
No person shall solicit or aid in the solicitation of another person to purchase a service contract issued by a company not duly licensed under this part.
History: En. Sec. 11, Ch. 131, L. 1931; re-en. Sec. 4211.11, R.C.M. 1935; R.C.M. 1947, 66-1111.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 3. Motor Club Service Companies › 61-12-312. Contract not to be misrepresented

61-12-312. Contract not to be misrepresented.
No company and no officer or agent thereof shall orally or in writing misrepresent the terms, benefits, or privileges of any service contract issued or to be issued by it.
History: En. Sec. 12, Ch. 131, L. 1931; re-en. Sec. 4211.12, R.C.M. 1935; R.C.M. 1947, 66-1112.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 3. Motor Club Service Companies › 61-12-313. Contracts binding on company although not complying with part

61-12-313. Contracts binding on company although not complying with part.
Any service contract made, issued, or delivered contrary to any provision of this part shall nevertheless be valid and binding on the company.
History: En. Sec. 13, Ch. 131, L. 1931; re-en. Sec. 4211.13, R.C.M. 1935; R.C.M. 1947, 66-1113.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 3. Motor Club Service Companies › 61-12-314. Applicability

61-12-314. Applicability.
This part does not apply to:
(1) a duly authorized attorney at law acting in the usual course of the profession;
(2) an insurance company, bonding company, or surety company licensed and doing business as the licensed company under the laws of the state; or
(3) a company or agent that contracts with a motor club service company licensed under this part to provide emergency road service or towing service to the company's or agent's customers.
History: En. Sec. 14, Ch. 131, L. 1931; re-en. Sec. 4211.14, R.C.M. 1935; R.C.M. 1947, 66-1114; amd. Sec. 1972, Ch. 56, L. 2009; amd. Sec. 1, Ch. 103, L. 2011.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 3. Motor Club Service Companies › 61-12-315. Penalty for violation

61-12-315. Penalty for violation.
A person violating the provisions of this part is liable pursuant to 33-1-317.
History: En. Sec. 15, Ch. 131, L. 1931; re-en. Sec. 4211.15, R.C.M. 1935; R.C.M. 1947, 66-1115; amd. Sec. 72, Ch. 227, L. 2001.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 4. Removal and Sale of Abandoned Vehicles › 61-12-403. Reclaiming vehicle

61-12-403. Reclaiming vehicle.
The owner, lienholder, or person entitled to possession of the vehicle may reclaim it at any time after it is taken into custody and before it is sold. The owner, lienholder, or person entitled to possession of the vehicle shall present to the sheriff of the county or the city police of the city where the vehicle is being stored satisfactory proof of ownership or right to possession and shall pay the costs and expenses incurred in the removal, storage, and custody of the vehicle. The person reclaiming the vehicle may not be required to pay storage charges for a period longer than 90 days.
History: En. Sec. 4, Ch. 288, L. 1967; R.C.M. 1947, 53-904; amd. Sec. 2, Ch. 355, L. 1985; amd. Sec. 8, Ch. 88, L. 1987; amd. Sec. 3, Ch. 513, L. 1999.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 4. Removal and Sale of Abandoned Vehicles › 61-12-404. Sale or release of vehicle if not reclaimed

61-12-404. Sale or release of vehicle if not reclaimed.
(1) (a) Except as provided in subsection (1)(b), if a vehicle is not reclaimed, as provided in 61-12-403, within 30 days after notification by certified mail or prescribed publication, the sheriff of the county or the city police of the city in which the vehicle is being stored may sell it at public auction in the manner provided in 25-13-701 through 25-13-709.
(b) When a vehicle is taken into custody as a result of the arrest of the driver of the vehicle, the owner, lienholder, or person entitled to possession of the vehicle has 60 days after notification by certified mail or prescribed publication to reclaim the vehicle as provided in 61-12-403. If the vehicle is not reclaimed within 60 days after notification, the vehicle may be considered abandoned and may be sold under the provisions of this section.
(2) If the sheriff or city police elect not to sell a vehicle under subsection (1)(a) or (1)(b) and the vehicle is being stored by a qualified tow truck operator, as defined in 61-8-903, the sheriff or city police shall release the vehicle to the qualified tow truck operator.
(3) After a vehicle has been sold pursuant to subsection (1)(a) or (1)(b) or released pursuant to subsection (2), the former owner or person entitled to possession has no further right, title, claim, or interest in or to the vehicle.
History: En. Sec. 5, Ch. 288, L. 1967; R.C.M. 1947, 53-905; amd. Sec. 3, Ch. 355, L. 1985; amd. Sec. 4, Ch. 513, L. 1999; amd. Sec. 2, Ch. 176, L. 2003; amd. Sec. 3, Ch. 165, L. 2021.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 4. Removal and Sale of Abandoned Vehicles › 61-12-405. Certificate of sale or release

61-12-405. Certificate of sale or release.
(1) (a) If a vehicle is sold as provided in 61-12-404(1)(a) or (1)(b), the sheriff or the city police at the time of the payment of the purchase price shall execute a certificate of sale in duplicate and shall deliver the original certificate to the purchaser and retain the copy.
(b) The certificate of sale must contain the name and address of the purchaser, the date of sale, the consideration paid, a description of the vehicle, and a stipulation that no warranty is made as to the condition or title of the vehicle.
(2) (a) If a vehicle is released as provided in 61-12-404(2), the sheriff or city police shall execute a certificate of release to the qualified tow truck operator in duplicate and shall deliver the original certificate to the operator and retain the copy.
(b) The certificate of release must contain the name and address of the operator, the date of release, a description of the vehicle, including year, make, model, serial number, and license number if available, and a stipulation that no warranty is made as to the condition or title of the vehicle.
History: En. Sec. 6, Ch. 288, L. 1967; R.C.M. 1947, 53-906; amd. Sec. 4, Ch. 355, L. 1985; amd. Sec. 3, Ch. 176, L. 2003; amd. Sec. 4, Ch. 165, L. 2021.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 4. Removal and Sale of Abandoned Vehicles › 61-12-406. Issuing certificate of title

61-12-406. Issuing certificate of title.
The department shall issue a certificate of title upon presentation by the purchaser of the certificate of sale or upon presentation by the operator of a certificate of release and payment of the fees required by law.
History: En. Sec. 7, Ch. 288, L. 1967; R.C.M. 1947, 53-907; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 4, Ch. 176, L. 2003; amd. Sec. 78, Ch. 477, L. 2003.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 4. Removal and Sale of Abandoned Vehicles › 61-12-407. Transmitting return of sale and balance of proceeds

61-12-407. Transmitting return of sale and balance of proceeds.
(1) When any vehicle is sold as provided in 61-12-404, the sheriff or the city police shall transmit to the department and to the county treasurer or to the city treasurer, respectively, a return of sale setting forth a description of the vehicle, the purchase price, the name and address of the purchaser, the costs incurred in the sale, and the costs and expenses incurred in the removal, storage, and custody of the vehicle.
(2) With the return of sale, the sheriff shall transmit to the county treasurer or the city police shall transmit to the city treasurer the balance of the proceeds of the sale after deducting the costs incurred in the sale and the costs and expenses incurred in the removal, storage, and custody of the vehicle.
(3) Upon receipt of the return of sale and the balance from:
(a) the county sheriff, the county treasurer shall file the return in the treasurer's office and deposit the balance in the county road fund on all vehicles seized by the sheriff or highway patrol; or
(b) the city police, the city treasurer shall file the return in the treasurer's office and deposit the balance in the city street fund on all vehicles seized by the city police.
History: En. Sec. 8, Ch. 288, L. 1967; R.C.M. 1947, 53-908; amd. Sec. 5, Ch. 355, L. 1985; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 9, Ch. 88, L. 1987; amd. Sec. 1973, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 4. Removal and Sale of Abandoned Vehicles › 61-12-408. Penalty

61-12-408. Penalty.
Any person or persons violating the provisions of this part shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $25 or more than $300 or by imprisonment in the county jail for not less than 5 days or more than 90 days or by both fine and imprisonment.
History: En. Sec. 9, Ch. 288, L. 1967; R.C.M. 1947, 53-909(part).
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 5. Identification Cards › 61-12-501. Authority of department to issue identification cards -- lawful presence verification

61-12-501. Authority of department to issue identification cards -- lawful presence verification.
(1) The department may issue an identification card to any person who maintains a residence in this state and whose presence in the United States is authorized under federal law.
(2) When an applicant who is not a citizen of the United States applies for an identification card, the department shall verify that the applicant is lawfully present in the United States by using the federal systematic alien verification for entitlements program.
(3) A person may only have one nonvoided driver's license or identification card issued by the department at any time.
History: En. Sec. 1, Ch. 53, L. 1971; R.C.M. 1947, 31-170; amd. Sec. 1, Ch. 495, L. 1985; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 2, Ch. 346, L. 1993; amd. Sec. 2, Ch. 207, L. 2011; amd. Sec. 5, Ch. 686, L. 2023.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 5. Identification Cards › 61-12-502. Veteran designation

61-12-502. Veteran designation.
The department shall include the word "veteran" on the face of an identification card if the requirements of 61-5-111(7) are met by the person applying for the identification card.
History: En. Sec. 2, Ch. 53, L. 1971; R.C.M. 1947, 31-171; amd. Sec. 93, Ch. 421, L. 1979; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 3, Ch. 207, L. 2011; amd. Sec. 4, Ch. 322, L. 2013; amd. Sec. 20, Ch. 335, L. 2019.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 5. Identification Cards › 61-12-503. Repealed

61-12-503. Repealed.
Sec. 5, Ch. 207, L. 2011.
History: En. Sec. 4, Ch. 53, L. 1971; R.C.M. 1947, 31-173; amd. Sec. 1, Ch. 503, L. 1985.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 5. Identification Cards › 61-12-504. Fees for identification cards -- expiration of cards

61-12-504. Fees for identification cards -- expiration of cards.
(1) Upon application for an identification card issued pursuant to this part, a fee of $16 must be collected and deposited in the general fund.
(2) A person with a disability, as defined in 39-30-103, may obtain a free identification card. An individual discharged from any correctional facility must be furnished a free identification card upon release, discharge, or parole.
(3) (a) An identification card expires on the anniversary of the cardholder's date of birth 8 years after the date of issue.
(b) An identification card issued to a person whose presence in the United States is temporarily authorized under federal laws expires, as determined by the department, no later than the expiration date of the official document issued to the person by the United States citizenship and immigration services of the department of homeland security that authorizes the person's presence in the United States.
History: En. Sec. 5, Ch. 53, L. 1971; R.C.M. 1947, 31-174; amd. Sec. 3, Ch. 277, L. 1983; amd. Sec. 1, Ch. 503, L. 1985; amd. Secs. 4, 6, Ch. 5, Sp. L. January 1992; amd. Sec. 3, Ch. 346, L. 1993; amd. Sec. 74, Ch. 472, L. 1997; amd. Sec. 4, Ch. 207, L. 2011; amd. Sec. 1, Ch. 315, L. 2013; amd. Sec. 6, Ch. 686, L. 2023.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 6. Jurisdiction Over Minors (Repealed) › 61-12-601. Repealed

61-12-601. Repealed.
Sec. 5, Ch. 484, L. 1987.
History: En. Sec. 1, Ch. 215, L. 1959; amd. Sec. 1, Ch. 188, L. 1963; R.C.M. 1947, 32-21-163.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 6. Jurisdiction Over Minors (Repealed) › 61-12-602. Repealed

61-12-602. Repealed.
Sec. 5, Ch. 484, L. 1987.
History: En. Sec. 2, Ch. 215, L. 1959; amd. Sec. 2, Ch. 188, L. 1963; R.C.M. 1947, 32-21-164.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 6. Jurisdiction Over Minors (Repealed) › 61-12-603. Repealed

61-12-603. Repealed.
Sec. 5, Ch. 484, L. 1987.
History: En. Sec. 3, Ch. 215, L. 1959; R.C.M. 1947, 32-21-165.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 7. Disposition of Fines › 61-12-701. Disposition of fines and forfeitures

61-12-701. Disposition of fines and forfeitures.
All fines and forfeitures collected in any court, except a justice's court, for violation of the laws and regulations relating to the use of state highways and the operation of vehicles on state highways, if the apprehension or arrest was by a highway patrol officer, must be paid to the department of revenue for credit to the state general fund or, if the apprehension or arrest was by a sheriff or deputy sheriff, must be paid to the county treasurer for deposit in the county general fund, except for that portion of the fines otherwise allocated by law, which must be paid into the appropriate accounts in the state special revenue fund.
History: En. Sec. 14, Ch. 199, L. 1943; amd. Sec. 10, Ch. 226, L. 1965; amd. Sec. 9, Ch. 214, L. 1969; R.C.M. 1947, 31-114; amd. Sec. 94, Ch. 421, L. 1979; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 1, Ch. 327, L. 1985; amd. Sec. 1, Ch. 316, L. 1987; amd. Sec. 41, Ch. 557, L. 1987; amd. Sec. 1, Ch. 217, L. 1989; amd. Sec. 34, Ch. 257, L. 2001; amd. Sec. 23, Ch. 13, Sp. L. August 2002.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 7. Disposition of Fines › 61-12-702. Court costs -- fees and expenses of counties

61-12-702. Court costs -- fees and expenses of counties.
The court, after deducting all costs and fees, shall immediately transmit the balance of the fine to the state or county treasurer as provided by law. The expenses of the county, except fees of officers who are paid a regular salary, are a proper claim against the state or county and claims must be paid in the manner provided by law out of the funds appropriated for such purposes.
History: En. Sec. 15, Ch. 199, L. 1943; R.C.M. 1947, 31-115; amd. Sec. 2, Ch. 327, L. 1985.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 7. Disposition of Fines › 61-12-703. Repealed

61-12-703. Repealed.
Sec. 5, Ch. 484, L. 1987.
History: En. 95-2229 by Sec. 11, Ch. 513, L. 1973; amd. Sec. 40, Ch. 184, L. 1977; R.C.M. 1947, 95-2229; amd. Sec. 95, Ch. 421, L. 1979; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 1, Ch. 387, L. 1985.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 8. Disclosure of Data From Rental Vehicles › 61-12-801. Disclosure of data from rental vehicle -- definitions

61-12-801. Disclosure of data from rental vehicle -- definitions.
(1) (a) Except as provided in subsection (1)(b), a rental vehicle entity that rents a rental vehicle equipped with a global positioning system or a satellite navigation system to a person in this state shall disclose in the rental agreement or a written addendum to the rental agreement the presence and purpose of the system.
(b) A rental vehicle entity that uses a global positioning system or a satellite navigation system only to track lost or stolen vehicles or provide navigational services is not required to provide the disclosure in subsection (1)(a).
(2) As used in this section:
(a) "rental agreement" means a written agreement setting forth the terms and conditions governing the use of a rental vehicle that is provided by a rental vehicle entity for the rental of a rental vehicle for a period of not more than 90 days;
(b) "rental vehicle" means a light vehicle, a motorcycle, a motor-driven cycle, a quadricycle, or an off-highway vehicle that is used under a rental agreement by a person other than the owner of the rental vehicle;
(c) "rental vehicle entity" means a business entity that provides rental vehicles to the public without a driver, pilot, or operator under a rental agreement for a fee.
History: En. Sec. 1, Ch. 227, L. 2007.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 10. Recorded Data › 61-12-1001. Definitions

61-12-1001. Definitions.
As used in this part, the following definitions apply:
(1) "Event data recorder" has the meaning provided in 49 CFR 563.5 as in effect on October 1, 2011.
(2) "Owner" means a person:
(a) in whose name a motor vehicle is registered or titled;
(b) who leases a motor vehicle for at least 3 months;
(c) who is entitled to possession of a motor vehicle as the purchaser under a security agreement; or
(d) who is the attorney-in-fact, conservator, or personal representative for a person described in subsections (2)(a) through (2)(c).
History: En. Sec. 1, Ch. 272, L. 2015.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 10. Recorded Data › 61-12-1002. Ownership of recorded data

61-12-1002. Ownership of recorded data.
Except as provided in 61-12-1004, the data on a motor vehicle event data recorder is exclusively owned by the owner or owners of the motor vehicle and may not be retrieved or used by any person other than an owner of the motor vehicle without the written consent of an owner.
History: En. Sec. 2, Ch. 272, L. 2015.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 10. Recorded Data › 61-12-1003. Effect of vehicle ownership transfer on ownership of data -- prohibited insurer and lessor actions

61-12-1003. Effect of vehicle ownership transfer on ownership of data -- prohibited insurer and lessor actions.
(1) Data on a motor vehicle event data recorder does not become the property of a lienholder or insurer solely because the lienholder or insurer succeeds in ownership of a motor vehicle as a result of an accident.
(2) An insurer may not condition the payment or settlement of an owner's claim on the owner's consent to the retrieval or use of the data on a motor vehicle event data recorder.
(3) An insurer or lessor of a motor vehicle may not require an owner to consent to the retrieval or use of the data on a motor vehicle event data recorder as a condition of providing the policy or lease.
History: En. Sec. 3, Ch. 272, L. 2015.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 12. Miscellaneous Provisions › Part 10. Recorded Data › 61-12-1004. Retrieval or use of data -- exceptions

61-12-1004. Retrieval or use of data -- exceptions.
(1) Data from a motor vehicle event data recorder may be retrieved or used without the consent of the owner:
(a) if a court orders the production of the data pursuant to a valid search warrant;
(b) to facilitate or determine the need for emergency medical care for the driver or passenger of a motor vehicle that is involved in a motor vehicle crash or other emergency, including the retrieval of data from a company that provides subscription services to the owner of a motor vehicle for in-vehicle safety and security communications systems;
(c) by order of the district court provided that the owner has notice and 48 hours to object and request a hearing; or
(d) for the purposes of improving motor vehicle safety, security, or traffic management and provided that the identity of the owner or driver is not disclosed in connection with that retrieved data. For purposes of this subsection (1)(d), the disclosure of the vehicle identification number with the last 6 digits deleted does not constitute disclosure of the identity of the owner or driver.
(2) This part does not apply to data that is stored or transmitted pursuant to a subscription service agreement for the use of a recording device to record a history of where a motor vehicle travels or for the transmission of data to a central communications system.
History: En. Sec. 4, Ch. 272, L. 2015.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 13. Seatbelts › Part 1. Montana Seatbelt Use Act › 61-13-102. Definitions

61-13-102. Definitions.
As used in this part, the following definitions apply:
(1) "Department" means the department of justice.
(2) "Highway" means the entire width between the boundary lines of each publicly maintained way when any part thereof is open to public use for vehicular travel.
(3) "Motor vehicle" means a vehicle propelled by its own power and designed primarily to transport persons or property upon the highways of the state.
(4) "Occupants" means the driver and passengers in a motor vehicle.
(5) "Seatbelt" means a system using a lap belt, a shoulder belt, or other belt or combination of belts installed in a motor vehicle to restrain occupants, which system conforms to federal motor vehicle safety standards.
History: En. Sec. 2, Ch. 439, L. 1987.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 13. Seatbelts › Part 1. Montana Seatbelt Use Act › 61-13-103. Seatbelt use required -- exceptions

61-13-103. Seatbelt use required -- exceptions.
(1) A driver may not operate a motor vehicle upon a highway of the state of Montana unless each occupant of a designated seating position is wearing a properly adjusted and fastened seatbelt or, if 61-9-420 applies, is properly restrained in a child safety restraint.
(2) The provisions of this section do not apply to:
(a) an occupant of a motor vehicle who possesses a written statement from a licensed physician, licensed physician assistant, or advanced practice registered nurse, as defined in 37-8-102, that the occupant is unable to wear a seatbelt for medical reasons;
(b) an occupant of a motor vehicle in which all seatbelts are being used by other occupants;
(c) an operator of a motorcycle or a motor-driven cycle;
(d) an occupant of a vehicle licensed as special mobile equipment; or
(e) an occupant who makes frequent stops with a motor vehicle during official job duties and who may be exempted by the department.
(3) The department or its agent may not require a driver who may be in violation of this section to stop except:
(a) upon reasonable cause to believe that the driver has violated another traffic regulation or that the driver's vehicle is unsafe or not equipped as required by law; or
(b) if a person in the vehicle who is under 6 years of age and weighs less than 60 pounds is not properly restrained under 61-9-420 or this section.
History: En. Sec. 3, Ch. 439, L. 1987; amd. Sec. 2, Ch. 407, L. 2003; amd. Sec. 234, Ch. 542, L. 2005; amd. Sec. 6, Ch. 242, L. 2007; amd. Sec. 3, Ch. 280, L. 2011; amd. Sec. 21, Ch. 335, L. 2019.