reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 7. Enforcement -- Penalties › 61-8-725. Penalty for violation of speed limits -- no record for certain violations

61-8-725. Penalty for violation of speed limits -- no record for certain violations.
(1) A person shall be fined for violating the maximum speed limit in accordance with the following schedules:
(a) for a violation of 61-8-303(1)(a):
Amount of Fine
MPH in Excess of Speed Limit
$40
1 - 10 (daytime)
40
1 - 10 (nighttime)
70
11 - 20
120
21 - 30
200
31+
(b) for a violation of 61-8-303(1)(b), 61-8-309, or 61-8-312:
Amount of Fine
MPH in Excess of Speed Limit
$20
1 - 10 (daytime)
20
1 - 10 (nighttime)
70
11 - 20
120
21 - 30
200
31+
(2) (a) A violation of a speed limit imposed pursuant to 61-8-303 is not a criminal offense within the meaning of 3-1-317, 45-2-101, 46-18-236, 61-8-104, and 61-8-711 and, except as provided in subsection (2)(b) or (4), may not be recorded or charged against a driver's record, and an insurance company may not hold a violation of a speed limit against the insured or increase premiums because of the violation if the speed limit is exceeded by no more than:
(i) 10 miles an hour during the daytime; or
(ii) 5 miles an hour during the nighttime.
(b) If a driver is guilty of exceeding 90 miles an hour in violation of 61-8-303(1)(a), the violation may be recorded or charged against a driver's record and an insurance company may hold the violation against an insured driver's premium.
(3) The surcharge provided for in 3-1-317 may not be imposed for a violation of 61-8-303.
(4) The recordkeeping restrictions provided in subsection (2) with respect to a person's driving record do not apply to a speed limit violation or conviction that was committed by:
(a) a Montana resident in another state whose violation or conviction was reported to the department by a court or the licensing authority in the state in which the violation occurred; or
(b) a person who holds a commercial driver's license regardless of whether or not the violation occurred while the person was operating a commercial motor vehicle.
(5) This section does not apply to the violation of a special speed zone established under 61-8-309 or 61-8-310.
History: En. Sec. 3, Ch. 43, L. 1999; amd. Sec. 1, Ch. 4, Sp. L. June 1999; amd. Sec. 26, Ch. 428, L. 2005; amd. Sec. 8, Ch. 393, L. 2013; amd. Sec. 4, Ch. 395, L. 2015.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 7. Enforcement -- Penalties › 61-8-726. Violating speed limit in school zone -- penalty doubled -- disposition of fines

61-8-726. Violating speed limit in school zone -- penalty doubled -- disposition of fines.
(1) A person convicted of violating a special speed limit in a school zone imposed by a local authority pursuant to 61-8-310(1)(d) is guilty of a misdemeanor. Upon arrest and conviction, the person shall be punished by a fine of not less than double the penalty provided for the violation in 61-8-711.
(2) The fine proceeds must be allocated as follows:
(a) 50% of the fine collected must be distributed as provided in 3-10-601, 46-17-402, or 46-18-235; and
(b) 50% must be forwarded to the local authority that adopted the special speed limit as provided in 61-8-310(1)(d) for the purposes of erecting signs providing notice of the school zone, the speed limit, and the penalty or for other local law enforcement needs.
History: En. Sec. 1, Ch. 232, L. 2005; amd. Sec. 3, Ch. 83, L. 2009.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 7. Enforcement -- Penalties › 61-8-731. Repealed

61-8-731. Repealed.
Sec. 44, Ch. 498, L. 2021.
History: En. Sec. 3, Ch. 512, L. 1997; amd. Sec. 1, Ch. 391, L. 1999; amd. Sec. 4, Ch. 455, L. 1999; amd. Sec. 2, Ch. 417, L. 2001; amd. Sec. 1, Ch. 54, L. 2005; amd. Sec. 5, Ch. 426, L. 2005; amd. Sec. 62, Ch. 449, L. 2005; amd. Sec. 8, Ch. 282, L. 2011; amd. Sec. 21, Ch. 153, L. 2013; amd. Sec. 1, Ch. 197, L. 2015; amd. Sec. 16, Ch. 424, L. 2015; amd. Sec. 38, Ch. 321, L. 2017; amd. Sec. 1, Ch. 473, L. 2021.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 7. Enforcement -- Penalties › 61-8-732. Repealed

61-8-732. Repealed.
Sec. 44, Ch. 498, L. 2021.
History: En. Sec. 9, Ch. 525, L. 1997; amd. Sec. 4, Ch. 512, L. 1997; amd. Sec. 5, Ch. 455, L. 1999; amd. Sec. 18, Ch. 23, L. 2001; amd. Sec. 3, Ch. 417, L. 2001; amd. Sec. 6, Ch. 563, L. 2001; amd. Sec. 22, Ch. 153, L. 2013; amd. Sec. 17, Ch. 424, L. 2015; amd. Sec. 39, Ch. 321, L. 2017.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 7. Enforcement -- Penalties › 61-8-733. Repealed

61-8-733. Repealed.
Sec. 44, Ch. 498, L. 2021.
History: En. Sec. 10, Ch. 525, L. 1997; amd. Sec. 7, Ch. 300, L. 2003; amd. Sec. 2, Ch. 583, L. 2005; amd. Sec. 3, Ch. 448, L. 2009; amd. Sec. 23, Ch. 153, L. 2013; amd. Sec. 9, Ch. 309, L. 2013; amd. Sec. 18, Ch. 424, L. 2015.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 7. Enforcement -- Penalties › 61-8-734. Repealed

61-8-734. Repealed.
Sec. 44, Ch. 498, L. 2021.
History: En. Sec. 11, Ch. 525, L. 1997; amd. Sec. 4, Ch. 512, L. 1997; amd. Sec. 2, Ch. 224, L. 2001; amd. Sec. 10, Ch. 556, L. 2003; amd. Sec. 2, Ch. 54, L. 2005; amd. Sec. 5, Ch. 149, L. 2011; amd. Sec. 9, Ch. 282, L. 2011; amd. Sec. 24, Ch. 153, L. 2013; amd. Sec. 2, Ch. 312, L. 2013; amd. Sec. 19, Ch. 424, L. 2015.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 7. Enforcement -- Penalties › 61-8-741. Repealed

61-8-741. Repealed.
Sec. 44, Ch. 498, L. 2021.
History: En. Sec. 1, Ch. 226, L. 2011; amd. Sec. 25, Ch. 153, L. 2013; amd. Sec. 20, Ch. 424, L. 2015.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 8. Commercial Motor Vehicle Safety › 61-8-801. Purpose

61-8-801. Purpose.
(1) The purpose of this part is to reduce the number of commercial motor vehicle accidents in Montana, to provide greater safety to the motoring public and others by establishing stringent criteria governing the operation of commercial motor vehicles, and to deny the privilege of operating commercial motor vehicles upon the public streets and highways to those commercial motor vehicle operators who are not qualified.
(2) To fulfill this purpose, the legislature intends that this part:
(a) establish criteria and procedures for the operation of commercial motor vehicles that require safety practices commensurate with the danger inherent to their operation;
(b) provide for increased administrative punishment for commercial motor vehicle operators who use alcohol while operating commercial motor vehicles;
(c) provide greater control of commercial motor vehicle operators using the streets and highways; and
(d) conform Montana's laws on commercial driver licensing with federal regulations based on the Commercial Motor Vehicle Safety Act of 1986, Public Law 99-570, as amended.
History: En. Sec. 1, Ch. 378, L. 1989; amd. Sec. 10, Ch. 207, L. 2001; amd. Sec. 211, Ch. 542, L. 2005; amd. Sec. 6, Ch. 296, L. 2011.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 8. Commercial Motor Vehicle Safety › 61-8-802. Suspension of commercial driver's license -- disqualification -- major offenses

61-8-802. Suspension of commercial driver's license -- disqualification -- major offenses.
(1) Upon receipt of a report of a major offense committed by a person who holds a commercial driver's license or a person required to have a commercial driver's license, the department shall suspend the person's commercial driver's license and disqualify the person from operating a commercial motor vehicle:
(a) upon receipt of a report of a first major offense, for 1 year, except that if the major offense occurred while operating a commercial motor vehicle transporting placardable hazardous materials, the suspension must be for 3 years; or
(b) upon receipt of a report of a second or subsequent major offense arising from an incident that is separate from the prior major offense, for life, subject to department rules adopted to implement federal rules allowing for license reinstatement, if the person is otherwise eligible, upon completion of a minimum suspension period of 10 years.
(2) For purposes of this section, the term "major offense" refers to a refusal to take a test under an implied consent law in this or any other jurisdiction, a test result under an implied consent law in any other jurisdiction that shows an alcohol concentration of 0.08 or more while operating a noncommercial motor vehicle or an alcohol concentration of 0.04 or more while operating a commercial motor vehicle, or a conviction in this or any other jurisdiction of any of the following offenses:
(a) driving or being in actual physical control of a motor vehicle while under the influence of alcohol, a drug, or a combination of the two;
(b) driving or being in actual physical control of:
(i) a noncommercial motor vehicle and having an alcohol concentration of 0.08 or more; or
(ii) a commercial motor vehicle and having an alcohol concentration of 0.04 or more;
(c) leaving the scene of an accident involving death or personal injury or failing to give information and render aid;
(d) using a motor vehicle in the commission of a felony, other than a felony under 61-8-804;
(e) operating a commercial motor vehicle while the person's commercial driver's license is revoked, suspended, or canceled or the person is disqualified from operating a commercial motor vehicle; or
(f) causing a fatality through negligent or criminal operation of a commercial motor vehicle.
History: En. Sec. 2, Ch. 378, L. 1989; amd. Sec. 27, Ch. 195, L. 1993; amd. Sec. 11, Ch. 207, L. 2001; amd. Secs. 14, 22, Ch. 428, L. 2003; amd. Sec. 27, Ch. 428, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 8. Commercial Motor Vehicle Safety › 61-8-803. Suspension of commercial driver's license -- serious traffic violations

61-8-803. Suspension of commercial driver's license -- serious traffic violations.
(1) If the department receives notice from a court or another licensing jurisdiction that a person holding or required to hold a commercial driver's license has been convicted of more than one serious traffic violation in separate incidents within a 3-year period, the department shall suspend the person's commercial driver's license:
(a) for 60 days upon receipt of notice of the second conviction; or
(b) for 120 days upon receipt of notice of the third or subsequent conviction.
(2) For purposes of this section, "serious traffic violation" means conviction, when operating a commercial motor vehicle, of:
(a) speeding 15 or more miles an hour above a posted speed limit;
(b) reckless driving, reckless endangerment of a highway worker, or reckless endangerment of emergency personnel;
(c) improper or erratic traffic lane changes;
(d) following too closely;
(e) a violation of a state law or local ordinance relating to the operation of a motor vehicle, excluding a parking, weight, or equipment violation, that arises in connection with a fatal accident;
(f) operating a commercial motor vehicle without a commercial driver's license;
(g) operating a commercial motor vehicle without a commercial driver's license in one's possession or refusing to display a commercial driver's license upon request;
(h) operating a commercial motor vehicle without the proper class of commercial driver's license or endorsements, or both, for the specific vehicle type or types being operated or for the passengers or type or types of cargo being transported; or
(i) using a mobile device to send text messages while operating a commercial motor vehicle in violation of a state or local law or ordinance on motor vehicle traffic control.
(3) A person is considered to have committed a second or subsequent serious traffic violation if less than 3 years have passed between the date of an offense that resulted in a prior conviction and the date of the offense that resulted in the most recent conviction.
History: En. Sec. 3, Ch. 378, L. 1989; amd. Sec. 28, Ch. 195, L. 1993; amd. Sec. 5, Ch. 105, L. 1997; amd. Sec. 12, Ch. 207, L. 2001; amd. Sec. 15, Ch. 428, L. 2003; amd. Sec. 28, Ch. 428, L. 2005; amd. Sec. 7, Ch. 296, L. 2011; amd. Sec. 3, Ch. 385, L. 2021.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 8. Commercial Motor Vehicle Safety › 61-8-804. Suspension of commercial driver's license -- felony involving a controlled substance while driving a commercial vehicle

61-8-804. Suspension of commercial driver's license -- felony involving a controlled substance while driving a commercial vehicle.
If the department receives information that a person who holds or is required to hold a commercial driver's license has been convicted of using a commercial or noncommercial motor vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance, as defined by federal regulations, or a felony involving possession with intent to manufacture, distribute, or dispense a controlled substance, the department shall suspend the person's commercial driver's license for life and may not reinstate the license at any time for any reason.
History: En. Sec. 4, Ch. 378, L. 1989; amd. Sec. 29, Ch. 195, L. 1993; amd. Sec. 16, Ch. 428, L. 2003.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 8. Commercial Motor Vehicle Safety › 61-8-805. Suspension for operating commercial vehicle with alcohol concentration of 0.04 or more -- hearing

61-8-805. Suspension for operating commercial vehicle with alcohol concentration of 0.04 or more -- hearing.
(1) A person whose alcohol concentration is 0.04 or more while the person drives or is in actual physical control of a commercial motor vehicle is subject to the suspension of the person's commercial driver's license. The peace officer who determines that the person is operating a commercial motor vehicle with an alcohol concentration of 0.04 or more shall immediately seize the person's commercial driver's license and, on behalf of the department, give the person written notice of the license suspension and the right to a hearing under 61-8-808. Upon receipt of a report certified under penalty of law from the peace officer that the person was operating a commercial motor vehicle with an alcohol concentration of 0.04 or more, the department shall suspend the license, with no provision for a restricted probationary commercial license, for:
(a) 1 year, upon receipt of the first report of a 0.04 or more alcohol concentration violation, except that if the violation occurred in a commercial motor vehicle transporting placardable hazardous materials, the suspension must be for 3 years; and
(b) life, upon receipt of a second or subsequent 0.04 or more alcohol concentration violation report at any time as determined from the records of the department, subject to federal rules allowing for driver rehabilitation and license reinstatement, if otherwise eligible, upon service of a minimum period of 10 years' suspension.
(2) A peace officer who determines that a commercial motor vehicle operator has a measured amount or detected presence of alcohol in the operator's body while operating a commercial motor vehicle shall place the commercial motor vehicle operator out of service as mandated by federal regulations for 24 hours.
(3) The fact that a person charged with a violation of the provisions of subsection (1) is entitled to use alcohol under the laws of Montana is not a defense against a charge of violating the provisions of subsection (1).
(4) For purposes of this section, a conviction for violation of 61-8-1002(1)(a), (1)(b), (1)(c), (1)(d), or (1)(e) while operating a commercial motor vehicle or a prior refusal to be tested under an implied consent law must be treated as a prior report of a 0.04 or more alcohol concentration violation and must be used in determining the length of the license suspension under subsection (1).
History: En. Sec. 5, Ch. 378, L. 1989; amd. Sec. 3, Ch. 563, L. 1991; amd. Sec. 9, Ch. 789, L. 1991; amd. Sec. 30, Ch. 195, L. 1993; amd. Sec. 9, Ch. 88, L. 1997; amd. Sec. 6, Ch. 105, L. 1997; amd. Sec. 13, Ch. 207, L. 2001; amd. Sec. 17, Ch. 428, L. 2003; amd. Sec. 40, Ch. 498, L. 2021.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 8. Commercial Motor Vehicle Safety › 61-8-807. Administration of tests

61-8-807. Administration of tests.
Tests required under this part must be administered as provided in 61-8-1019.
History: En. Sec. 8, Ch. 378, L. 1989; amd. Sec. 29, Ch. 428, L. 2005; amd. Sec. 41, Ch. 498, L. 2021.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 8. Commercial Motor Vehicle Safety › 61-8-808. Right of appeal to court

61-8-808. Right of appeal to court.
(1) Within 30 days after notice of the suspension and the right to a hearing has been given by the peace officer under 61-8-805 or 61-8-806, the person may file a petition to challenge the suspension in the district court in the county where the finding of 0.04 or more alcohol concentration or refusal was made.
(2) The court has jurisdiction and shall set the matter for hearing. The court shall give at least 10 days' written notice to the county attorney of the county where the appeal is filed. The county attorney shall represent the state.
(3) The court shall take testimony and examine the facts of the case, except that:
(a) with regard to a suspension under 61-8-805, the issue is limited to whether the person was driving or had actual physical control of a commercial motor vehicle while the person's alcohol concentration was 0.04 or more; and
(b) with regard to a suspension under 61-8-806, the issues are limited to whether a peace officer had reasonable grounds to believe that the person had been driving or was in actual physical control of a commercial motor vehicle upon ways of this state open to the public while the person had a measurable or detectable alcohol concentration, whether the person was ordered to submit to a test, and whether the person refused to submit to the test.
(4) The court shall determine whether the petitioner is entitled to a commercial driver's license or is subject to suspension as provided in this part.
History: En. Sec. 7, Ch. 378, L. 1989; amd. Sec. 32, Ch. 195, L. 1993; amd. Sec. 9, Ch. 53, L. 1995; amd. Sec. 8, Ch. 105, L. 1997.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 8. Commercial Motor Vehicle Safety › 61-8-810. Repealed

61-8-810. Repealed.
Sec. 34, Ch. 428, L. 2005.
History: En. Sec. 6, Ch. 563, L. 1991; amd. Sec. 33, Ch. 195, L. 1993.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 8. Commercial Motor Vehicle Safety › 61-8-811. Repealed

61-8-811. Repealed.
Sec. 34, Ch. 428, L. 2005.
History: En. Sec. 7, Ch. 563, L. 1991; amd. Sec. 34, Ch. 195, L. 1993; amd. Sec. 14, Ch. 207, L. 2001.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 8. Commercial Motor Vehicle Safety › 61-8-812. Operation of out-of-service vehicle -- criminal and civil penalties -- suspension of commercial driver's license

61-8-812. Operation of out-of-service vehicle -- criminal and civil penalties -- suspension of commercial driver's license.
(1) A person may not operate a commercial motor vehicle during any period in which the person, the commercial motor vehicle the person is operating, or the motor carrier operation is subject to an out-of-service order issued under state or federal authority.
(2) A violation of this section is a misdemeanor and a person convicted of a violation of this section shall be fined not less than $25 or more than $500 for the first offense and not less than $25 or more than $1,000 for each subsequent offense.
(3) (a) In addition to the misdemeanor penalties provided in subsection (2) and suspension of the person's commercial driver's license as provided in subsection (4), a person who violates an out-of-service order issued under state or federal authority is subject to a civil penalty not to exceed $2,985 for a first offense and a civil penalty of $5,970 for a second or subsequent offense.
(b) The department or the county attorney of the county in which the violation occurred may petition the district court to impose the civil penalty. Venue for an action to collect a civil penalty pursuant to this section is in the county in which the violation occurred.
(c) A civil penalty collected under this section must be deposited in the state general fund.
(4) Upon receipt of notice from a court of competent jurisdiction or another licensing jurisdiction that a person holding a commercial driver's license has been convicted of violating an out-of-service order, the department shall suspend the person's commercial driver's license for:
(a) 6 months for a first conviction;
(b) 2 years for a second conviction if the vehicle being operated by the person at the time of the violation was not transporting placardable hazardous materials or was not designed or being used to transport more than 15 passengers, inclusive of the driver; and
(c) 3 years:
(i) for a second conviction if the vehicle:
(A) being operated at the time of the violation was transporting placardable hazardous materials; or
(B) was designed or being used to transport more than 15 passengers, inclusive of the driver; and
(ii) for a third or subsequent conviction.
(5) For purposes of this section, an offender is considered to have been previously convicted if less than 10 years have elapsed between the commission of the present offense and a previous conviction.
(6) A temporary or probationary commercial driver's license may not be issued while a commercial driver's license is suspended under subsection (4).
History: En. Sec. 1, Ch. 195, L. 1993; amd. Sec. 9, Ch. 105, L. 1997; amd. Sec. 30, Ch. 428, L. 2005; amd. Sec. 8, Ch. 296, L. 2011; amd. Sec. 25, Ch. 323, L. 2017; amd. Sec. 24, Ch. 535, L. 2021.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 8. Commercial Motor Vehicle Safety › 61-8-813. Suspension of commercial driver's license -- railroad crossing offenses

61-8-813. Suspension of commercial driver's license -- railroad crossing offenses.
(1) The department shall suspend a person's commercial driver's license upon the report of a conviction of any of the following railroad crossing offenses or conduct:
(a) for drivers who are not required to always stop:
(i) failing to slow down and check that the tracks are clear of an approaching train or other on-track equipment; or
(ii) failing to stop before reaching the crossing if the tracks are not clear;
(b) for drivers who are always required to stop, failing to stop before driving onto the crossing;
(c) for all drivers:
(i) failing to have sufficient space to drive completely through the crossing without stopping;
(ii) failing to obey a traffic control device or the directions of an enforcement official at the crossing; or
(iii) failing to negotiate a crossing because of insufficient undercarriage clearance.
(2) Upon receipt of a report of a conviction of any railroad crossing offense or conduct described in subsection (1), the following suspension periods must be imposed:
(a) 60 days upon a first conviction;
(b) 120 days upon a second conviction within a 3-year period; or
(c) 1 year upon a third or subsequent conviction within a 3-year period.
History: En. Sec. 2, Ch. 428, L. 2003; amd. Sec. 6, Ch. 256, L. 2009.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 8. Commercial Motor Vehicle Safety › 61-8-814. Probationary driver's license ineligibility

61-8-814. Probationary driver's license ineligibility.
A person whose commercial driver's license or commercial motor vehicle operating privilege is suspended under this part:
(1) is not eligible for a restricted probationary driver's license that would permit operation of a commercial motor vehicle during the period of suspension; and
(2) may not operate a commercial motor vehicle until the period of suspension is completed and the person is otherwise eligible, under state and federal law, to have the commercial driver's license restored or to reapply for a commercial driver's license.
History: En. Sec. 3, Ch. 428, L. 2003.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 8. Commercial Motor Vehicle Safety › 61-8-815. Employer not to permit operation of commercial motor vehicle in violation of state law or federal regulation -- criminal and civil penalties

61-8-815. Employer not to permit operation of commercial motor vehicle in violation of state law or federal regulation -- criminal and civil penalties.
(1) An employer may not knowingly allow, require, permit, or authorize a person to operate a commercial motor vehicle in the United States:
(a) during any period in which the person's commercial driver's license has been suspended, revoked, or cancelled by a state, the person has lost the privilege to operate a commercial motor vehicle in a state, or the person has been disqualified from operating a commercial motor vehicle;
(b) during any period in which the person has more than one commercial driver's license;
(c) during any period in which the person, the commercial motor vehicle the person is operating, or the motor carrier operation is subject to an out-of-service order; or
(d) in violation of a federal, state, or local law or regulation pertaining to railroad crossings.
(2) A violation of this section is a misdemeanor, and a person convicted of a violation of this section shall be fined not less than $25 or more than $500 for the first offense and not less than $25 or more than $1,000 for each subsequent offense.
(3) (a) Except as provided in subsection (3)(b), an employer who violates this section is subject to a civil penalty of not less than $2,750 or more than $11,000.
(b) An employer who violates subsection (1)(d) is subject to a civil penalty of not more than $10,000.
(c) The department or the county attorney of the county in which the violation occurred may petition the district court to impose the civil penalty. Venue for an action to collect a civil penalty pursuant to this section is in the county in which the violation occurred.
(d) A civil penalty collected under this section must be deposited in the state general fund.
History: En. Sec. 3, Ch. 428, L. 2005; amd. Sec. 25, Ch. 535, L. 2021.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 8. Commercial Motor Vehicle Safety › 61-8-816. Commencement of commercial driver's license suspension or disqualification

61-8-816. Commencement of commercial driver's license suspension or disqualification.
A suspension or disqualification under this part commences either from the date of receipt by the department of a report of conviction from a court or another licensing jurisdiction or the day following the completion of a previously imposed period of suspension or disqualification, whichever occurs later.
History: En. Sec. 4, Ch. 428, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 8. Commercial Motor Vehicle Safety › 61-8-817. Notification to other states of traffic violations

61-8-817. Notification to other states of traffic violations.
The department, upon receipt of a report of a conviction or a violation of any state or local law relating to motor vehicle traffic control, other than a parking violation, by a person who holds a commercial driver's license from another state or who is licensed in another state, shall report the conviction to the licensing entity in the state where the driver is licensed as follows:
(1) beginning September 30, 2005, within 30 days of conviction; and
(2) beginning September 30, 2008, within 10 days of conviction.
History: En. Sec. 5, Ch. 428, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 8. Commercial Motor Vehicle Safety › 61-8-818. Permanent revocation of commercial driver's license -- felony involving use of commercial motor vehicle for trafficking of persons

61-8-818. Permanent revocation of commercial driver's license -- felony involving use of commercial motor vehicle for trafficking of persons.
If the department receives a conviction report that a person used a commercial motor vehicle in the commission of an offense under Title 45, chapter 5, part 7, or a similar law in another state or in the commission of a felony of trafficking of persons, the department shall revoke the person's commercial driver's license for life and may not reinstate the commercial driver's license for any reason.
History: En. Sec. 1, Ch. 445, L. 2019; amd. Sec. 35, Ch. 167, L. 2023.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 9. Professional Tow Trucks › 61-8-902. Purpose

61-8-902. Purpose.
The legislature recognizes that:
(1) wrecked, disabled, and abandoned motor vehicles on the public roadways create hazards that imperil lives and property and require expeditious removal;
(2) officers investigating accidents on the public roadways need immediately available towing and recovery vehicles staffed by competent operators and adequately equipped to clear the roadways and remove hazardous obstructions with minimum damage to property;
(3) certain standards and classifications are needed for professional tow trucks and equipment used for towing and recovering wrecked, disabled, and abandoned motor vehicles or other objects creating hazards on the public roadways;
(4) encouragement of a competitive and qualified professional towing industry requires establishment of a uniform and equitable qualification system based on the equipment and the standards provided in 61-8-905 through 61-8-907 and a system for the fair consideration of all qualified tow truck companies; and
(5) the use of nonqualified tow truck companies or private motor vehicles to tow or recover for hire wrecked, disabled, or abandoned vehicles creates additional hazards and, except in limited situations, should be prohibited. However, when a person or tow truck company responds in good faith to life-threatening emergency situations, it should not be liable for civil damages for acts or omissions, other than damages occasioned by gross negligence or by willful or wanton acts or omissions.
History: En. Sec. 2, Ch. 283, L. 1995.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 9. Professional Tow Trucks › 61-8-903. Definitions

61-8-903. Definitions.
As used in this part, the following definitions apply:
(1) "Boom" means an engineered structure that is either mechanically or hydraulically operated and that is capable of lifting and supporting an overhead, vertical load.
(2) "Commercial tow truck operator" or "operator" means an individual, partnership, corporation, or other business entity that owns or operates a commercial tow truck as defined in 61-9-416.
(3) "Department" means the department of justice provided for in 2-15-2001.
(4) "Letter of appointment" means a letter granted by the department pursuant to 61-8-920 that authorizes the holder to participate in the law enforcement rotation system provided for in 61-8-908.
(5) "Local government" means a county, a municipality, or other local board or body that has authority to enact laws relating to traffic.
(6) (a) "Qualified tow truck operator" means a commercial tow truck operator:
(i) that has equipment that:
(A) meets the requirements of 61-8-906, 61-8-907, and 61-9-416; and
(B) has been classified in accordance with 61-8-905;
(ii) that participates in the law enforcement rotation system provided for in 61-8-908;
(iii) that meets the requirements of subsection (6)(b); and
(iv) that has been issued a letter of appointment pursuant to 61-8-920.
(b) (i) If the operator is a firm or other entity, at least 75% of the employees who operate a tow truck must hold a certification from a nationally recognized certification program for tow truck operators or have a minimum of 1 year of experience in the towing business for hire in Montana.
(ii) If the operator is an individual, the individual must hold a certification from a nationally recognized certification program for tow truck operators or have a minimum of 1 year of experience in the towing business for hire in Montana.
(7) "Rotation area" means the base area where a qualified tow truck operator is dispatched and operates.
History: En. Sec. 3, Ch. 283, L. 1995; amd. Sec. 1, Ch. 88, L. 2003; amd. Sec. 1, Ch. 136, L. 2011; amd. Sec. 2, Ch. 143, L. 2011.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 9. Professional Tow Trucks › 61-8-904. Prohibition -- exception

61-8-904. Prohibition -- exception.
(1) A commercial tow truck operator may not operate for compensation upon the public roadways of this state unless the operator complies with the provisions of 61-8-906(1) and 61-8-907.
(2) A commercial tow truck operator may not participate in the law enforcement rotation system provided for in 61-8-908 unless the operator complies with the provisions of this part.
(3) Except as provided in 61-9-416, the provisions of 61-8-901 through 61-8-908, 61-8-910, and 61-8-920 do not apply to a commercial tow truck operator that does not operate for compensation.
History: En. Sec. 4, Ch. 283, L. 1995; amd. Sec. 2, Ch. 88, L. 2003; amd. Sec. 1, Ch. 80, L. 2011; amd. Sec. 3, Ch. 143, L. 2011.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 9. Professional Tow Trucks › 61-8-905. Classification standards

61-8-905. Classification standards.
(1) Commercial tow trucks are divided into the following five classes based on the manufacturer's rating:
(a) Class A tow truck equipment must have a minimum manufacturer's boom or combined boom rating of 4 tons and must be mounted on a truck chassis with a minimum manufacturer's rating of 10,000 pounds gross vehicle weight.
(b) Class B tow truck equipment must have a minimum manufacturer's boom or combined boom rating of 8 tons and must be mounted on a truck chassis with a minimum manufacturer's rating of 18,000 pounds gross vehicle weight.
(c) Class C tow truck equipment must have a minimum manufacturer's boom or combined boom rating of 16 tons and must be mounted on a chassis that has a minimum manufacturer's rating of 32,000 pounds gross vehicle weight.
(d) Class D tow truck equipment includes manufactured rollbacks and car carriers with manufacturer's gross vehicle ratings of 10,000 pounds and over. The rollbacks and car carriers must be mounted on a truck-trailer chassis that, at a minimum, is equal to the minimum gross weight of the rollback or car carrier. Class D also includes any piece of towing equipment without a boom.
(e) Class E includes two or more tow trucks working together with a combined manufacturer's rating of a minimum of 80,000 pounds with access to supportive equipment, such as forklifts, banders, and air bags, for the recovery of rollovers and wrecked, disabled, and abandoned vehicles whose cargo requires special handling. Class E refers to tow truck companies and not to tow truck equipment.
(2) An operator of noncommercially manufactured or modified tow truck equipment in use on October 1, 1995, that wishes to participate in the law enforcement rotation system must have its equipment classified by the department within a time period set by the department. Once the equipment is classified, further modifications may not be made.
(3) An operator of new noncommercially manufactured or modified tow truck equipment must have its equipment independently certified before participating in the law enforcement rotation system. Once the equipment is classified, further modifications to the equipment must be recertified.
History: En. Sec. 5, Ch. 283, L. 1995; amd. Sec. 3, Ch. 88, L. 2003.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 9. Professional Tow Trucks › 61-8-906. Liability insurance -- storage requirements

61-8-906. Liability insurance -- storage requirements.
(1) Notwithstanding the provisions of 61-6-301, a commercial tow truck operator shall continuously provide:
(a) insurance against loss resulting from liability imposed by law for bodily injury or death or damage to property caused by the maintenance or use of a commercial tow truck, as defined in 61-9-416, or occurring on the business premises of a commercial tow truck operator in an amount not less than:
(i) $300,000 for class A tow trucks;
(ii) $500,000 for class B tow trucks; and
(iii) $750,000 for class C tow trucks;
(b) insurance in an amount not less than $20,000 to cover the damage to cargo or other property entrusted to the care of the commercial tow truck operator; and
(c) garage keepers legal liability insurance or on-hook liability insurance in an amount not less than $50,000.
(2) A commercial tow truck operator shall provide proof of the insurance required in subsection (1) to the department.
(3) A qualified tow truck operator shall provide a storage facility, either a fenced lot or a building, that is:
(a) adequate for the secure storage and safekeeping of stored vehicles;
(b) located in a place that is reasonably convenient for public access;
(c) available to public access between 8 a.m. and 5 p.m., Monday through Friday, excluding legal holidays;
(d) large enough to store all the vehicles towed for law enforcement agencies; and
(e) if a fenced lot, constructed of chain link at least 6 feet high or constructed of materials and in a manner sufficient to deter trespassing or vandalism.
History: En. Sec. 6, Ch. 283, L. 1995; amd. Sec. 5, Ch. 88, L. 2003; amd. Sec. 116, Ch. 114, L. 2003; amd. Sec. 72, Ch. 130, L. 2005; amd. Sec. 1, Ch. 224, L. 2009.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 9. Professional Tow Trucks › 61-8-907. Inspection -- fees -- decal

61-8-907. Inspection -- fees -- decal.
(1) The tow truck equipment of a commercial tow truck operator must have an annual safety inspection. A highway patrol officer, an employee of the department of transportation appointed as a peace officer in accordance with 61-12-201, or an inspector certified by the department shall conduct the inspection and require the commercial tow truck operator to provide proof of compliance with the provisions of 61-8-906.
(2) (a) Upon satisfactory completion of the inspection and verification of the insurance requirements, a decal showing the last inspection date and the expiration date of the insurance coverage must be affixed in a prominent place on the tow truck.
(b) If the commercial tow truck operator is participating in the law enforcement rotation system, the decal must also show the classification of the operator's tow truck equipment.
(3) The department may establish inspection and decal fees that may not exceed the actual costs of the inspection and the decal. The fees for the inspection and decal must be deposited in the highway nonrestricted account provided for in 15-70-125.
History: En. Sec. 7, Ch. 283, L. 1995; amd. Sec. 6, Ch. 88, L. 2003; amd. Sec. 19, Ch. 267, L. 2017.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 9. Professional Tow Trucks › 61-8-909. Good faith immunity

61-8-909. Good faith immunity.
A person who renders assistance in an emergency that is life-threatening to the occupant of a wrecked, disabled, or abandoned vehicle or that is creating an immediate hazard on a public roadway or who renders emergency assistance as directed by a law enforcement officer or other emergency responder at the scene of a motor vehicle accident is immune from damages arising from acts or omissions related to the rendering of assistance unless the damages are occasioned by the gross negligence or by the willful or wanton acts or omissions of the person rendering the assistance.
History: En. Sec. 9, Ch. 283, L. 1995.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 9. Professional Tow Trucks › 61-8-910. Violation -- penalty

61-8-910. Violation -- penalty.
A commercial tow truck operator that violates a provision of this part is guilty of a misdemeanor and is subject to the penalty provided in 61-8-711.
History: En. Sec. 10, Ch. 283, L. 1995; amd. Sec. 8, Ch. 88, L. 2003.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 9. Professional Tow Trucks › 61-8-911. Rulemaking authority

61-8-911. Rulemaking authority.
The department shall adopt reasonable and necessary rules to administer the provisions of this part.
History: En. Sec. 11, Ch. 283, L. 1995.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 9. Professional Tow Trucks › 61-8-912. Tow truck complaint resolution committee -- membership -- responsibilities

61-8-912. Tow truck complaint resolution committee -- membership -- responsibilities.
(1) The department shall establish a tow truck complaint resolution committee, and the attorney general shall appoint the members. Committee members serve 3-year terms, may serve more than one term, and must include:
(a) two representatives of the tow truck industry, one from the eastern half of the state and one from the western half of the state;
(b) a representative of the commercial motor carrier industry;
(c) a member of the public;
(d) a representative of the insurance industry; and
(e) a representative of the highway patrol.
(2) The committee shall meet as often as necessary, either in person or by teleconference, to review and resolve complaints about tow truck issues, including towing charges, that are submitted in writing to a committee member and to review information submitted to it as provided in this part.
(3) The department shall establish rules to govern the committee's procedure for reviewing and resolving complaints.
History: En. Sec. 4, Ch. 88, L. 2003.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 9. Professional Tow Trucks › 61-8-913. Notice to owner -- payment of removal and storage costs -- request for reissuance of certificate of title

61-8-913. Notice to owner -- payment of removal and storage costs -- request for reissuance of certificate of title.
(1) Within 15 days after the date that a wrecked or disabled vehicle is removed from a public roadway by a qualified tow truck operator at the request of a law enforcement officer under 61-8-908, the qualified tow truck operator shall send a certified letter to the vehicle owner or lienholder, as shown in the department's records, notifying the owner or lienholder that the vehicle has been towed and is being stored by the qualified tow truck operator. The certified letter must be sent return receipt requested and postage prepaid to the owner or lienholder at the latest address shown in the department's records.
(2) The owner or lienholder of the vehicle may not reclaim the vehicle until the owner, the lienholder, or the owner's or lienholder's insurance provider has paid the costs incurred by the qualified tow truck operator in removing and storing the vehicle.
(3) If the removal and storage costs have not been paid within 30 days after the date that the notice provided for in subsection (1) was postmarked, the qualified tow truck operator may request, on a form provided by the department, that the department cancel the vehicle's certificate of title, remove any perfected security interest, and reissue the certificate of title to the qualified tow truck operator. In the request, the qualified tow truck operator shall certify that the notice required in subsection (1) was sent and that the owner or lienholder has not made payment as required in subsection (2). A copy of the notice required in subsection (1) must be attached to the request.
(4) Upon receipt of a valid request as provided in subsection (3), the department shall cancel the certificate of title to the vehicle and reissue the certificate of title to the qualified tow truck operator. The qualified tow truck operator shall pay all required fees on the vehicle. After the department has reissued the certificate of title, the former owner or lienholder has no further right, title, claim, or interest in or to the vehicle.
History: En. Sec. 5, Ch. 176, L. 2003; amd. Sec. 73, Ch. 130, L. 2005; amd. Sec. 1, Ch. 185, L. 2013.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 10. Driving Under Influence of Alcohol or Drugs › 61-8-1017. Right of appeal to court

61-8-1017. Right of appeal to court.
(1) Within 30 days after notice of the right to a hearing has been given by a peace officer, a person may file a petition to challenge the license suspension or revocation in the district court in the county where the arrest was made.
(2) The court has jurisdiction and shall set the matter for hearing. The court shall give at least 10 days' written notice of the hearing to the county attorney of the county where the arrest was made and to the city attorney if the incident leading to the suspension or revocation resulted in a charge filed in a city or municipal court. The county attorney or city attorney may represent the state. If the county attorney and the city attorney cannot agree on who will represent the state, the county attorney shall represent the state.
(3) Upon request of the petitioner, the court may order the department to return the seized license or issue a stay of the suspension or revocation action pending the hearing.
(4) The court shall take testimony, examine the facts of the case, and determine whether the petitioner is entitled to a license or whether the petitioner's license is subject to suspension or revocation based on no other issues than:
(a) whether a peace officer had a basis for requesting a test or tests as set forth in 61-8-1016, and
(b) whether the person refused to submit to one or more tests designated by the peace officer.
(5) This section does not grant a right of appeal to a state court if a driver's license is initially seized, suspended, or revoked pursuant to a tribal law or regulation that requires alcohol or drug testing of motor vehicle operators.
History: En. Sec. 9, Ch. 498, L. 2021.