reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.129 - COLLECTION AND VERIFICATION OF SOCIAL SECURITY NUMBER ON DRIVER'S LICENSE APPLICATIONS; PROCESSING OF AN APPLICANT WHO DOES NOT HAVE A SOCIAL SECURITY NUMBER

Current through Register Vol. 13, July 5, 2024
(1) An applicant
				who has been issued a social security number will be required to provide it to
				the department upon application for an original driver's license, upon renewal
				of a driver's license, or upon application for an identification card if the
				applicant has not supplied, and the department has not verified, the number in
				a prior application process.
(2)
				The social security number supplied by the applicant will be electronically
				submitted by the department to the Social Security Administration for
				verification. If the social security number supplied by the applicant to the
				department is not verified by the Social Security Administration, the applicant
				must contact the Social Security Administration and correct the problem prior
				to completion of the application process.
(3) If an applicant has not been issued a
				social security number, the applicant must sign a statement, under penalty of
				law, attesting that the applicant does not have a social security number before
				the application process may be completed.
(4) The application process will be
				terminated and a license or identification card will be denied for incomplete
				information if an applicant:
(a) refuses to
				provide a social security number and sign a statement that the applicant has
				not been issued a social security number; or
(b) provides a social security number that
				cannot be verified.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.130 - EVIDENCE OF MONTANA RESIDENCE ADDRESS

Current through Register Vol. 13, July 5, 2024
(1)
				Upon original application for a driver's license, an applicant must present
				evidence of the applicant's Montana residence address. A Montana residence or
				street address must be provided; if the applicant does not receive mail at the
				residence or street address, a Montana post office box or mailing address also
				must be provided.
(2) The
				department will accept the following documents as evidence of a Montana
				residence address, provided the document shows the applicant's name and Montana
				residence address as it appears on the driver's license application:
(a) any primary or secondary document as
				listed in ARM
				23.3.131;
(b) a US or Montana income tax return for the
				previous year;
(c) a Montana voter
				registration card;
(d) a receipt
				for personal or real property taxes paid within the last year to the state of
				Montana or a Montana county;
(e) a
				current automobile or life insurance policy or statement;
(f) a certified copy of school records issued
				by the school the applicant is currently attending or attended within four
				months of the application;
(g) a
				written statement from the applicant's parent, guardian, or adult child that
				the applicant resides at the same address as the parent, guardian, or adult
				child, along with a copy of a document permitted under this rule that evidences
				the Montana residence address of the applicant's parent, guardian, or adult
				child;
(h) the original copy of a
				rental agreement or rent payment receipt signed by the landlord or rental agent
				that includes the applicant's name and residence address;
(i) home mortgage or equity loan papers
				showing the applicant's name and residence address; a rural address will be
				accepted when there is no other physical address;
(j) any of the following, dated or issued not
				more than four months prior to application:
(i) a payroll check or payroll check
				stub;
(ii) a bank
				statement;
(iii) a utility bill or
				utility hook-up order;
(iv)
				canceled mail addressed to the applicant; or
(k) if the applicant is homeless, a
				descriptive address of the location where the applicant primarily resides,
				e.g., "under the west end of the east street bridge." The applicant must also
				provide a separate mailing address and present a written statement from a
				social service agency on the agency's letterhead verifying the applicant's
				homeless status and the descriptive address given by the applicant.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.132 - UNDERAGE APPLICATION AND LICENSE

Current through Register Vol. 13, July 5, 2024
(1) An
				application by an underage applicant for a driver's license must be referred to
				the field for a thorough investigation to determine the necessity for issuing
				the license.
(2) Approval of a
				request for a restricted license by an underage applicant may be recommended
				only in cases of dire necessity.
(3) The issuance of a restricted license to
				an underage applicant is considered necessary if:
(a) family economic pressures are such that
				the applicant's income is necessary to maintain the family unit (inconvenience
				or a desire to avoid hiring extra help is insufficient) ;
(b) the applicant lacks school bus
				transportation; or
(c) the
				applicant must provide transportation to a chronically ill or disabled parent
				and no other transportation is available.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.133 - WHO MUST BE LICENSED AS A CHAUFFEUR (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 44-1-103,
					 MCA; IMP, Sec.
					 61-1-312,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.134 - RESTRICTIONS OF HANDICAPPED DRIVERS

Current through Register Vol. 13, July 5, 2024
(1) The
				examiner may restrict the driver's license of a handicapped person to suit the
				handicap.
Sec.
					 44-1-103,
					 MCA; IMP, Sec.
					 61-5-113,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.135 - GRACE PERIOD FOR RENEWALS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 44-1-103, MCA; IMP:
					 61-5-113,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.136 - TIME PERIOD FOR RENEWALS AND EXAMINATIONS

Current through Register Vol. 13, July 5, 2024
(1)
				The purchase of the driver license receipt allows the new applicant six months
				in which to successfully pass the driver examination and be licensed. If this
				is not accomplished within the six-month period, the new applicant must
				purchase a new receipt to receive further consideration toward being issued a
				Montana driver license.
Sec.
					 44-1-103,
					 MCA; IMP, Sec.
					 61-5-111,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.137 - RENEWALS, TO TAKE TEST IF EXPIRED

Current through Register Vol. 13, July 5, 2024
(1) Persons
				renewing may do so without examination if such renewal is accomplished within
				three months of the expiration of their license. Persons whose three-month
				grace period expires on a holiday, Saturday, or Sunday shall be allowed the
				next official work day to renew their license.
Sec.
					 44-1-103,
					 MCA; IMP, Sec.
					 61-5-111,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.138 - APPLICATION FOR MINORS

Current through Register Vol. 13, July 5, 2024
(1) The signature
				of the parents or guardian on the original application of a minor for a
				driver's license makes such "signer" jointly and severally liable with such
				minor for any damages caused by negligence or wilful conduct. The original
				application of the minor must be signed by the parents or guardian.
(2) If a minor deposits or there is deposited
				upon his behalf proof of financial responsibility in respect to the operation
				of a motor vehicle owned by him or if not the owner of a motor vehicle, then
				with respect to the operation of any motor vehicle in form and in amounts as
				required under the motor vehicle financial responsibility laws of this state,
				the minor's application may be accepted when signed by one parent or guardian.
				While such proof of financial responsibility is maintained such parent or
				guardian shall not be subject to the liability imposed.
Sec.
					 44-1-103,
					 MCA; IMP, Sec.
					 61-5-108,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.139 - TEMPORARY LICENSES

Current through Register Vol. 13, July 5, 2024
(1) The original
				driver license receipt purchased by a Montana driver applicant is validated for
				use by an official "temporary license" seal embossed in the receipt by the
				driver examiner. Such temporary license may be used, while the actual driver
				license is being processed through the motor vehicle division
				headquarters.
44-1-103,
					 MCA; IMP,
					 61-5-106,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.140 - MAIL AND ONLINE RENEWALS

Current through Register Vol. 13, July 5, 2024
(1) A person may
				apply by mail or online for the renewal of the license on a form prescribed by
				the department.
(2) Mail and online
				renewal applications must be submitted within the grace period prescribed in
				61-5-111, MCA, and must be
				accompanied by the appropriate license fees.
(3) A commercial driver's license that does
				not include a hazardous endorsement may also be renewed by mail or online. In
				addition to completing the requirements of (2), the applicant must also have a
				current medical examiner's certificate on file with the department.
AUTH:
					 61-14-201, MCA; IMP:
					 61-5-111,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.141 - MILITARY PERSONS

Current through Register Vol. 13, July 5, 2024
(1) Any person who
				has a valid Montana driver's license at the time of entering active duty with
				the armed forces may apply for a military renewal. The military renewal will be
				valid so long as the person is assigned to active duty not to exceed 30 days
				following the date of release from active duty, unless the license is
				suspended, revoked, or cancelled prior to the person's release. Active duty
				means duty while assigned to any of the armed forces of the United States
				except temporary active duty in the national guard or in any reserve unit for
				less than 6 months. Active duty does not include full time active duty with the
				national guard unless the national guard has been called to federal
				service.
(2) If the person on
				active duty does not apply for a military renewal, his/her current driver's
				license will be valid after the date of expiration for not to exceed 30 days
				following the date of release from active duty only when it is in the person's
				immediate possession and accompanied by his/her discharge, separation, leave or
				furlough papers showing the date of entry into the service.
(3) The military renewal is not issued or
				available to any person who applies for and receives a Montana driver license
				following the date of assignment to active duty. The military renewal does not
				extend to the spouse or dependents of the person on active duty.
44-1-203,
					 MCA; IMP,
					 61-5-104,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.142 - DISHONORED CHECKS

Current through Register Vol. 13, July 5, 2024
(1) If a check
				drawn and remitted in payment of the driver's license fee is dishonored:
(a) the applicant is not entitled to the
				issuance of a driver's license, and
(b) the division shall cancel any license
				issued as a result of the dishonored check.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.143 - NATIONAL DRIVER REGISTRATION

Current through Register Vol. 13, July 5, 2024
(1) The motor
				vehicle division shall participate in the national driver register
				program.
61-5-401,
					 MCA; IMP,
					 61-5-401,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.144 - EXAMINATION STATIONS

Current through Register Vol. 13, July 5, 2024
(1) Subject to
				physical limitations of individual examination stations, applicants taking the
				test are to be segregated from those not doing so.
44-1-103,
					 MCA; IMP,
					 61-5-101
					 et seq., MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.145 - EXAMINER'S DUTIES

Current through Register Vol. 13, July 5, 2024
Duties of a driver examiner include but are not limited to
				  the following:
(1) Be at the
				examination station punctually and keep the station open during the scheduled
				hours.
(2) Receive applications for
				driver's licenses and renewals. Provide applicants with the necessary
				forms.
(3) Examine applicants and
				reexamine drivers, by oral, written, and performance tests, for knowledge of
				the laws and rules of safe driving, for visual or physical defects, and for
				skill in handling a vehicle to determine whether they meet the requirements
				established by the motor vehicle division.
(4) Take photographs of all successful
				applicants.
(5) Give accurate
				information when requested regarding the motor vehicle laws and the regulations
				concerning licensing of operators and chauffeurs.
(6) Investigate the habits and general
				qualifications of accident and violation repeaters when instructed to do
				so.
(7) Check renewal applicants
				for vision and physical condition to determine whether they meet the
				requirements established by the motor vehicle division.
(8) Conduct hearings, investigations,
				counseling sessions, interviews, and training sessions on driver improvement
				matters as required.
(9) Examine
				applicants for motorcycle endorsement, by oral, written, and performance tests,
				for knowledge of the laws and rules of safe driving, for visual or other
				physical defects, and for skill in handling a motorcycle to determine whether
				they meet the requirements established by the motor vehicle division.
(10) Prepare and deliver safety talks before
				various groups (such as schools, assemblies and service clubs) and operate
				projection equipment when directed to do so.
(11) Serve notices of suspension and
				revocation and pick up suspended or void certificates when directed to do
				so.
(12) Appear in hearings to
				testify regarding examinations or investigations.
(13) Inspect driver licenses for
				alterations.
44-1-103,
					 MCA; IMP,
					 61-5-101
					 et seq., MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.146 - DRIVERS OF GOVERNMENT VEHICLES

Current through Register Vol. 13, July 5, 2024
(1) The
				Uniform Vehicle Code exempts drivers of government vehicles from the
				requirement of obtaining state driver licenses for the purpose of operating
				government vehicles. However, this shall not apply to a government employee
				operating a vehicle not owned or leased by the United States
				government.
44-1-103,
					 MCA; IMP,
					 61-5-104,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.147 - IDENTIFICATION CARDS

Current through Register Vol. 13, July 5, 2024
(1) A person who is
				a Montana resident and who is not the holder of a valid Montana driver's
				license may apply for an identification card.
(2) A person who is the holder of a valid
				driver's license or identification card from a jurisdiction other than Montana
				may apply for a Montana identification card upon surrender of their
				identification card or driver's license from that jurisdiction.
(3) A first-time applicant for an
				identification card must appear in person at a Montana driver's examination
				station, submit a completed application, on a form prescribed by the
				department, and provide proof of his or her identity and date of birth in
				accordance with ARM
				23.3.131 and proof of Montana
				residence in accordance with ARM
				23.3.130. If the applicant has
				separate mailing and residence addresses, both addresses must be included on
				the application. Identification cards may be renewed online without the need to
				appear in person at a Montana driver's examination station.
(4) Except as provided in (a) and (b), the
				fee for an identification card is defined in
				61-12-504, MCA.
(a) An identification card applicant who
				presents a discharge certificate or parole order from a Montana state
				correctional facility showing release within a 60-day period immediately prior
				to application is entitled to one free identification card upon initial
				release.
(b) An identification card
				applicant who is certified by the Department of Public Health and Human
				Services as a person with a disability in accordance with the Montana Persons
				with Disabilities Employment Preference Act, is entitled to a free
				identification card upon completion of an otherwise proper
				application.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.148 - RELEASE OF DRIVING RECORDS FOR CONSUMER REPORTS AND SINCLE USE RESTRICTION

Current through Register Vol. 13, July 5, 2024
(1) A record of an individual driver held by
				the Motor Vehicle Division may be released for the purpose of consumer report
				in compliance with
				31-3-111,
				MCA.
(2) When an authorized
				requestor pays a statutorily specified fee to receive any record or abstract
				created or retained by the department in accordance with
				61-11-102,
				MCA, the authorized requestor may only use the record or abstract received for
				a single purpose, which may include disclosure of that record or abstract to
				one person or business entity. The same record or abstract may not be used for
				a different purpose or supplied or disclosed to a different person or business
				entity unless a separate request for the record or abstract has been made by
				the authorized requestor and the statutorily specified fee for that request has
				been paid.
44-1-103,
					 61-11-516,
					 MCA; IMP,
					 44-1-103,
					 66-11-102, 66-11-516, MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.149 - DUPLICATE LICENSES

Current through Register Vol. 13, July 5, 2024
(1) In the event
				that a person's driver's license, commercial driver's license, instruction
				permit or traffic education learner license is lost or destroyed or the
				personal information on the license or permit is no longer accurate, the person
				must submit a written application for a duplicate license or permit, present
				proof of the person's identity in accordance with (2), and pay the fee
				specified in
				61-5-114,
				MCA.
(2) At the time of
				application, the identity of the applicant must be verified as follows:
(a) except as provided in (2) (b), an
				applicant appearing in person at a driver's license exam station must present
				one primary document and one secondary document as listed in ARM
				23.3.131 to confirm the
				applicant's name and date of birth;
(b) if the most recent digital image of the
				applicant as maintained in department records is readily accessible on-line at
				the driver's license exam station and department personnel at the exam station,
				by visual observation, ascertain that the physical features and characteristics
				of the applicant appearing in person at the exam station match, or are
				reasonably comparable to, the image and descriptions contained in the
				department record, the applicant must present one secondary document as listed
				in ARM 23.3.131 to confirm the
				applicant's name; or
(c) if a
				duplicate license application is submitted by mail or telefax, the applicant
				must include a passport-style photograph of the applicant and a facsimile or
				photocopy of one primary document and one secondary document as listed in ARM
				23.3.131 with the
				application.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.150 - REJECTION OF DOCUMENTS; TRANSLATION OF FOREIGN-LANGUAGE DOCUMENTS

Current through Register Vol. 13, July 5, 2024
(1) The department will not accept a document
				as proof of identity, age, social security number, or residence if there is
				reason to believe it has been altered, fraudulently obtained, or is fake,
				forged, counterfeit, or otherwise non-genuine or illegitimate. In addition to
				the documents listed in ARM
				23.3.129,
				23.3.130, and
				23.3.131, the department may
				require additional documentation if there is reason to suspect that fraudulent,
				fake, forged, altered, otherwise non-genuine or illegitimate documents have
				been submitted.
(2) A document in a
				language other than English may be submitted to the department by an applicant
				as proof of identity, full legal name, date of birth, or residence if:
(a) the document is accompanied by a
				translation of that document into the English language;
(b) the translation is sworn to by the
				translator as being a true and accurate translation;
(c) the translator is not related by blood or
				marriage to the applicant; and
(d)
				the translator is either:
(i) certified by the
				American translators association;
(ii) certified by a court of competent
				jurisdiction;
(iii) approved by an
				embassy or consulate of the United States or diplomatic or consular official of
				a foreign country assigned or accredited to the United States;
(iv) affiliated with or approved by the US
				department of justice, immigration and naturalization service, or a government
				jurisdiction within the US; or
(v)
				an attorney licensed to practice in the US.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.151 - PROCEDURES AND STANDARDS FOR MOTORCYCLE EXAMINATION AND LICENSING

Current through Register Vol. 13, July 5, 2024
Examiners shall follow the procedures and standards for the
				  examination and licensing of motorcyclists contained in ARM
				  23.3.152 through
				  23.3.160.
Sec.
					 44-1-103,
					 MCA; IMP,
					 61-5-101,
					 et seq., MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.152 - ORDER OF STEPS IN EXAMINATION

Current through Register Vol. 13, July 5, 2024
An examiner shall conduct the motorcyclist's examination in
				  the following order:
(1) Ask
				preliminary questions and have applicant complete necessary forms.
(2) Determine that applicant is currently
				licensed as a Montana operator or chauffeur.
(3) Give motorcycle endorsement examination
				(written test). (Oral for illiterates.) If applicant fails any portion of this
				test, list the station, date, initial and note the number of test failed, and
				list on the original copy of the motorcycle endorsement receipt. The applicant
				must understand that the receipt is not a motorcycle endorsement.
(4) Give driving test. The written test must
				be completed satisfactorily before conducting either part of the driving test.
				If requested or if either portion of the driving test is failed, sign and issue
				motorcycle endorsement "Learner's License." Give skill portion of driving test
				first. If unsatisfactory, this portion does not count towards three time
				failure.
(5) Validate license or
				temporary license and issue to applicant.
Sec.
					 44-1-103,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.153 - MOTORCYCLE ENDORSEMENT INSTRUCTION PERMIT

Current through Register Vol. 13, July 5, 2024
(1) The motor vehicles division may, in its
				discretion, after the applicant has successfully passed all parts of the
				motorcycle endorsement examination other than the driving test, issue to the
				applicant a motorcycle endorsement instruction permit, which entitles the
				applicant, while having the permit in his immediate possession, to drive his
				motorcycle on public highways for a period of 6 months when under the immediate
				and proximate control of a licensed operator or chauffeur who has a motorcycle
				endorsement.
(2) A permit holder is
				under the immediate and proximate control of a licensed operator or chauffeur
				who has a motorcycle endorsement if the accompanying driver can see the permit
				holder, and is 300 feet or less from the permit holder operating his
				motorcycle.
Sec.
					 44-1-103,
					 MCA; IMP,
					 61-5-101
					 et seq., MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.154 - MOTORCYCLE ENDORSEMENT WRITTEN EXAMINATION

Current through Register Vol. 13, July 5, 2024
(1) No person may receive a motorcycle
				endorsement unless he can satisfactorily answer questions on motorcycle
				operation, highway laws and regulations in written or oral form.
(2) Illiterates must be examined orally by
				having examiner state the questions on the motorcycle endorsement
				examination.
(3) Applicants who are
				observed cheating on the examination must immediately be disqualified on that
				portion of the examination.
(4) The
				maximum score for motorcycle endorsement examination is 100%. For each
				incorrectly marked answer, five points will be deducted. The minimum passing
				score is 75%.
Sec.
					 44-1-103
					 MCA; IMP,
					 61-5-101
					 et seq. MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.155 - MOTORCYCLE ENDORSEMENT SKILL EXAMINATION

Current through Register Vol. 13, July 5, 2024
Each applicant for a motorcycle endorsement must complete a
				  "skill" examination as follows:
(1)
				Vehicle check and equipment identification. The following items must be checked
				at the beginning of each skill test. The applicant must demonstrate reasonable
				skill in the ability to locate and identify controls.
(a) Headlights (bright and dim) ;
(b) Signal lights (front and rear, if
				equipped) ;
(c) Brake
				light;
(d) License plate
				light;
(e) Muffler;
(f) Tires (visually) ;
(g) Check and record motorcycle license
				number. (If no plate or sticker, no test. If foreign plate, or new or newly
				purchased motorcycle, proceed with test.) ;
(h) Brakes;
(i) Horn;
(j) Clutch;
(k) Shift mechanism;
(l) Fuel shut-off;
(m) Choke;
(n) Throttle; and
(o) Light switch.
Test must be refused if in the examiner's opinion the brakes
				  are unsafe or sufficient other items malfunction to make the
motorcycle unsafe to operate.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.156 - MOTORCYCLE ENDORSEMENT TRAFFIC EXAMINATION

Current through Register Vol. 13, July 5, 2024
(1) If the applicant is administered the test
				outlined in
				23.3.155(2) (a),
				above, a traffic examination must also be taken. Traffic examinations will be
				given regardless of weather if the applicant consents. If the applicant
				requests a postponement, permit it, holding the test as incomplete.
(2) If the applicant has a minor accident and
				does not appear to be upset, direct him to drive back to the starting point. If
				the applicant appears to be the least upset or major damage has occurred,
				direct him to make arrangements for someone to remove the motorcycle for him or
				to have the motorcycle towed away for repair.
(3) If an accident involves another car or a
				pedestrian, or if the damage amounts to more than $25 to the applicant's
				motorcycle, have him complete and submit to you an accident report, listing you
				as a witness.
(4) If an applicant
				violates a law on the road test, such as running through a stop light, fail him
				but do not cite him. Because a purpose of the road test is to determine whether
				the applicant knows the laws, he is presumed not to have violated the law
				purposely.
Sec. 44-1-10344-1 -103 MCA; IMP,
					 61-5-101
					 et seq.,
					 61-5-110,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.157 - SKILL EXAMINATION DESCRIPTION AND SCORING

Current through Register Vol. 13, July 5, 2024
The skill tests discussed above in
				  23.3.155(2) (b) and
				  (c) are administered and scored according to
				  standards set out in the Motorcycle Operator Skill Test (MOST II) User's
				  Manual, July 1980 edition, available upon request from the Department of
				  Justice, Motor Vehicle Division, Driver Services, Room 253, Scott Hart
				  Building, 303 Roberts, Helena, Montana 59620. The following are the
				  requirements and scoring for the skill examination discussed in
				  23.3.155(2)
				  (a):
(1) Proper clothing:
(a) Boots, long pants, no shirt,
				helmet..............................................................................4
				points
(b) Boots, shirt, cut-offs,
				helmet.........................................................................................4
				points
(c) Cut-offs, no shirt, no
				shoes...........................................................................................8
				points
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.158 - TRAFFIC EXAMINATION DESCRIPTION AND SCORING

Current through Register Vol. 13, July 5, 2024
The traffic examination required under
				  23.3.156(1) uses
				  a basic figure eight test pattern. The examiner follows the applicant.
				  Following are the requirements and scoring for the traffic examination:
(1) Judgment of conflicting traffic:
(a) Complete awareness of all traffic around
				him, apparent knowledge of how to handle traffic situation should one
				arise................................................................................0
				points
(b) Aware only of traffic
				immediately ahead of
				him................................................................................................................4
				points
(c) Aware only of the
				immediate operation of motorcycle, and disregarding all traffic around
				him...................................................................................................................8
				points
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.159 - INCOMPLETE EXAMINATION

Current through Register Vol. 13, July 5, 2024
An examination may be incomplete with the applicant neither
				  passing nor failing. He may not pass until he has successfully completed each
				  part of the examination separately. He must fail as soon as he demonstrates he
				  is unable to pass. The examination is incomplete, therefore, when it is
				  discontinued for some reason other than the applicant's lack of ability. For
				  example, when a motorcycle runs out of gas, has a puncture or otherwise fails
				  to function during the traffic examination, the examination is discontinued,
				  but the driver is not disqualified.
Sec.
					 44-1-103
					 MCA; IMP
					 61-5-101
					 et seq. MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.160 - TIME LIMIT ON SECOND AND SUBSEQUENT EXAMINATIONS

Current through Register Vol. 13, July 5, 2024
A written examination may not be given to an applicant more
				  than once in each day. A traffic examination may not be given more than once in
				  every 7 days.
Sec.
					 44-1-103
					 MCA; IMP,
					 61-5-101
					 et seq. MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.171 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) The purpose of these rules is to
				establish the various requirements for the issuance, replacement, or renewal of
				a REAL ID compliant driver's license or identification card.
AUTH:
					 61-5-125,
					 61-5-128, MCA; IMP:
					 61-5-128,
					 61-5-129,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.173 - DECLARATION

Current through Register Vol. 13, July 5, 2024
(1) Each applicant shall declare under
				penalty of perjury that the information submitted on their application is true
				and correct in a format approved by the department.
AUTH:
					 61-5-125,
					 61-5-128,
					 MCA; IMP:
					 61-5-128,
					 61-5-129,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.174 - SOURCE DOCUMENTS

Current through Register Vol. 13, July 5, 2024
(1) When applying
				for a credential, the applicant shall provide source documents verifying proof
				of legal name, date of birth, social security number, authorized presence, and
				Montana residency.
(2) All
				documents presented must be legible and unaltered from the original (for
				example, no lamination, hand-writing, or hole punch), or a copy certified by
				the issuing agency.
(3) An
				applicant shall appear in person to apply for a REAL ID credential for the
				first time.
AUTH:
					 61-5-125,
					 61-5-128,
					 MCA; IMP:
					 61-5-128,
					 61-5-129,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.175 - SOURCE DOCUMENT TRANSLATION PROCESS

Current through Register Vol. 13, July 5, 2024
(1) All
				documents submitted to the department by the applicant must be in English or
				have been translated into English.
(2) The original and corresponding translated
				documents must be presented together at the time of application.
(3) All translated documents must have the
				following signed declaration included at the end, or of substantially similar
				wording (must be typed or electronically printed on the same page as the
				translation, not on separate pieces of paper or the translation will not be
				accepted by the department):
(a) "I, [insert
				printed translator's full name], declare under penalty of perjury that:
(1) the translation is a complete and
				accurate translation from [insert foreign language] to the English language to
				the best of my ability.
(2) I am
				fully competent to translate from [insert foreign language] to the English
				language and I am proficient in both languages."
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.176 - TRANSLATOR REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) A translator
				shall be:
(a) certified by the American
				Translators Association;
(b)
				approved by an embassy or consulate of the United States or diplomatic or
				consular official of a foreign country assigned or accredited to the United
				States;
(c) affiliated or approved
				by the DHS, or other U.S. government agency;
(d) an attorney licensed to practice in the
				U.S.; or
(e) an individual approved
				by the department at a regional manager level or above.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.177 - PROOF OF NAME AND DATE OF BIRTH

Current through Register Vol. 13, July 5, 2024
(1) When
				applying for a REAL ID driver's license or identification card, each applicant
				shall submit one of the following primary source documents to prove full legal
				name and date of birth:
(a) certified U.S.
				birth certificate;
(b) valid,
				unexpired U.S. passport;
(c)
				consular report of birth abroad issued by the U.S. Department of State, Form
				FS-240, DS-1350, or FS-545;
(d)
				certificate of naturalization issued by DHS, Form N-550 or Form
				N-570;
(e) certificate of
				citizenship, Form N-560 or Form N-561, issued by DHS;
(f) valid, unexpired permanent resident card,
				Form I-551, issued by DHS;
(g)
				valid, unexpired REAL ID driver's license;
(h) valid, unexpired REAL ID identification
				card;
(i) unexpired employment
				authorization document issued by DHS, Form I-766 or Form I-688B; or
(j) unexpired foreign passport with a valid,
				unexpired U.S. visa affixed accompanied by the approved I-94 form documenting
				the applicant's most recent admittance into the United States or an I-551
				stamp.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.178 - ESTABLISHMENT OF NAME

Current through Register Vol. 13, July 5, 2024
(1) The department
				shall use the full legal name as recorded on the presented primary source
				document, unless:
(a) the applicant submits
				one or more documents specified in ARM 23.3.190 verifying a name change;
				or
(b) the name has been truncated
				according to (2).
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.179 - ESTABLISHMENT OF NAME OTHER THAN THE NAME THAT APPEARS ON THE PRIMARY SOURCE DOCUMENT

Current through Register Vol. 13, July 5, 2024
(1) When an
				applicant wants to establish a name other than the name that appears on the
				primary source document, the individual shall present one of the listed
				documents proving the name change. There must be evidence of the name change on
				the presented document.
(2) An
				applicant shall submit one of the following documents by a government agency or
				court to prove a name change because of a marriage, common law marriage, or
				domestic partnership:
(a) marriage license;
(b) certificate of
				marriage;
(c) declaration of
				marriage;
(d) domestic partnership
				registration; or
(e) an equivalent
				documentation of marriage or domestic partnership from the issuing government
				jurisdiction.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.180 - SOCIAL SECURITY NUMBER

Current through Register Vol. 13, July 5, 2024
(1) Individuals who
				apply for a REAL ID compliant credential shall present their SSA
				card.
(2) If an SSA card is not
				available, the individual may present any of the following documents bearing
				the applicant's name and SSN:
(a) W-2
				form;
(b) SSA-1099 form;
(c) non-SSA-1099 form; or
(d) pay stub.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.181 - CHANGE TO NAME, DATE OF BIRTH, OR SOCIAL SECURITY NUMBER

Current through Register Vol. 13, July 5, 2024
(1) If there is any change to the applicant's
				name, date of birth, or social security number, after the department issues a
				credential to an applicant, the department shall not issue a new credential, a
				replacement, or renew the credential unless the applicant appears in person and
				submits proof of the change.
(a) The
				department cannot issue a REAL ID credential to an applicant until the
				information is verified with SSA.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.182 - PROOF OF AUTHORIZED PRESENCE

Current through Register Vol. 13, July 5, 2024
(1) When
				applying for a REAL ID driver's license or identification card, each applicant
				shall present satisfactory evidence of authorized presence.
(2) It is satisfactory evidence of authorized
				presence when the applicant submits one of the following primary source
				documents:
(a) certified U.S. birth
				certificate;
(b) valid, unexpired
				U.S. passport;
(c) consular report
				of birth abroad issued by the U.S. Department of State, Form FS-240, DS-1350,
				or FS-545;
(d) certificate of
				naturalization issued by DHS, Form N-550 or Form N-570;
(e) certificate of citizenship, Form N-560 or
				Form N-561, issued by DHS; or
(f)
				valid, unexpired permanent resident card, Form I-551, issued by DHS.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.183 - PROOF OF MONTANA RESIDENCY

Current through Register Vol. 13, July 5, 2024
(1) When applying
				for a REAL ID driver?s license or identification card, each applicant shall
				submit satisfactory evidence of Montana residency (physical address).
(2) If the applicant has a different mailing
				address than residency (physical address), the applicant shall provide a
				separate mailing address.
(3) The
				Montana residency address must be displayed on the credential except that an
				alternative address may be displayed for an applicant whom a statute,
				regulation, or department business standard permits the display of an
				alternative address.
(4) The
				residency of an unmarried minor is:
(a) the
				residency of the minor's parents or parent;
(b) the residency of the legal guardian or
				custodian appointed by a court of competent jurisdiction;
(c) as determined by district court order;
				or
(d) as approved by the
				department.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.184 - EXCEPTION PROCESS

Current through Register Vol. 13, July 5, 2024
(1) Applicants who,
				for reasons beyond their control, are unable to present all necessary documents
				may request that the department issue a REAL ID credential through an exception
				process.
(2) If an exception is
				necessary, an applicant shall request an exception in writing on a form
				approved by the department and provide alternative documents.
(3) Alternative documents to demonstrate
				authorized presence will only be allowed to demonstrate U.S.
				citizenship.
(4) The request for an
				exception must be reviewed by the department. The department shall make
				reasonable efforts to establish the authenticity of the alternative documents
				at the time they are submitted.
(5)
				If the department grants an exception, the department shall note this decision
				on the driver record.
AUTH:
					 61-5-125,
					 61-5-128,
					 MCA; IMP:
					 61-5-128,
					 61-5-129,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.185 - DOCUMENT VERIFICATION REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				For foreign nationals, the department shall verify the authenticity of the
				document through the SAVE system or alternative methods approved by DHS.
(2) The department shall verify
				social security numbers with SSA or through another method approved by DHS.
(3)The department shall verify the
				authenticity of U.S. passports through the U.S. passport verification
				system.
(4) If the documents
				presented do not appear authentic, the data does not match, and the use of an
				exception process is not warranted, the department shall not issue a credential
				and refer the applicant to the issuing office for resolution.
AUTH:
					 61-5-125,
					 61-5-128,
					 MCA; IMP:
					 61-5-128,
					 61-5-129,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.186 - DENIAL OF APPLICATIONS

Current through Register Vol. 13, July 5, 2024
(1) The department
				may delay issuing a credential to verify any document presented by an
				applicant.
(2) The department shall
				deny an application if the applicant presents fraudulent or altered documents
				or commits any other fraud in the application process.
AUTH:
					 61-5-125,
					 61-5-128,
					 MCA; IMP:
					 61-5-128,
					 61-5-129,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.187 - FULL FACIAL DIGITAL PHOTOGRAPH

Current through Register Vol. 13, July 5, 2024
(1) The
				department shall take a full facial photograph of the applicant and place it on
				the front of the credential.
(a) The applicant
				shall remove all head coverings.
(b) The applicant shall not wear eyewear that
				obstructs the iris or pupil of the eyes and shall not take any action to
				obstruct a photograph of their facial features.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.188 - FOREIGN NATIONAL WITH TEMPORARY AUTHORIZED PRESENCE

Current through Register Vol. 13, July 5, 2024
(1) The department may only issue a temporary
				or limited-term credential to a foreign national after verifying the
				individual's authorized presence in the United States.
(2) The department shall not issue a
				temporary or limited-term credential for a period longer than:
(a) the expiration of the applicant's
				authorized stay in the United States, or, if there is no expiration date, for a
				period longer than one year; and
(b)
				the maximum credential duration term.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.189 - PROHIBITION AGAINST HOLDING MORE THAN ONE REAL ID CREDENTIAL

Current through Register Vol. 13, July 5, 2024
(1) An individual may hold only one REAL ID
				credential. An individual cannot hold a REAL ID driver's license and a REAL ID
				identification card at the same time.
(2) An individual may hold at the same time:
(a) a REAL ID driver's license and a non-REAL
				ID identification card;
(b) a
				non-REAL ID driver's license and a REAL ID identification card;
(c) a non-REAL ID driver's license, a REAL ID
				identification card, and a non-REAL ID identification card; or (d) a non-REAL
				ID driver's license and non-REAL ID identification cards at the same
				time.