Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.2 - Driver Improvement › Rule 23.3.202 - DRIVER REHABILITATION POINT SYSTEM

Current through Register Vol. 13, July 5, 2024
(1)
				The following point values are established for Driver Rehabilitation Program
				purposes, and discretionary actions pursuant to section
				61-5-206(1)
				(b) are specified:
VIOLATION
CODE
DRIVER REHABILITATION
POINTS
DESCRIPTION OF OFFENSE
0020
12
Negligent homicide
1170 9014
6
Driving while privilege to do so is suspended or
							 revoked
1140
2
Operating with foreign driver's license when privilege
							 suspended or revoked by the state.
5110
10
Driving while under the influence of intoxicating
							 liquor (being in actual physical control)
5111
10
Driving while under the influence of any drug (narcotic
							 or other)
4000
8
Failure to stop immediately at accident scene where
							 person injured
4001
8
Failure to remain at accident scene where person
							 injured
4002
8
Failure to stop immediately at scene where person
							 killed
4003
8
Failure to remain at scene of accident where person
							 killed
4022
8
Failure to render reasonable assistance to injured
4020
4
Failure to identify self and vehicle when involved in
							 an accident.
4060
4
Failure to submit written report of accident within 10
							 days
5130
5
Holding a race or speed contest on highway without
							 written permission of proper authority (state, county, or city)
4050
4
Fail to give notice of accident by quickest means
5131
5
Engaging in race or speed contest on public highway
							 without written permission of proper authority
5133
5
Holding (engaging in, aiding, or abetting) a speed
							 contest, the roadway of which is not fully and efficiently patrolled
5134
2
Careless driving
5120
5
Reckless driving
5121
5
Eluding police officers
4010
4
Failure to stop immediately at property damage accident
							 scene
4011
4
Failure to remain at property damage accident
							 scene
5141
3
Speeding: restricted speed zone
5142
3
Speeding: 25 miles per hour, urban district
5140
2
Speed restrictions (Basic Rule) : Failure to drive in
							 careful and prudent manner (driving at speed that is greater than is reasonable
							 and proper under existing conditions at point of operating; driving at speed
							 that would unduly or unreasonably endanger life, limb, property or other rights
							 of persons using highways; driving at speeds that fail to take into account
							 amount and character of traffic, conditions of brakes, weight of vehicle,
							 etc.)
5143
3
Speeding: 35 miles per hour, construction zone
5144
3
Speeding: 55 miles per hour night limit
5145
3
Speeding: 65 miles per hour night limit on
							 interstate
5146
3
Failure to reduce speed when approaching intersection,
							 railroad crossing, etc.
5147
3
Speeding: 55 miles per hour night limit (trucks)
5150
3
Speeding: speed limit established by Motor Vehicles
							 Division
5160
3
Speeding: restricted speed limit established by local
							 authorities
5171
3
Failure to pull over when operating slow moving vehicle
							 obstructing traffic
5180
3
Speeding: 60 miles per hour truck limit
5181
3
Speeding: motor-driven cycle night speed
5182
3
Speeding: 50 miles per hour speed when towing trailer
							 house
5183
3
Speeding: 65 miles per hour truck speed on
							 interstate
5190
3
Speeding: posted speed over elevated structure
1006
2
Operating with foreign driver's license beyond 90 day
							 grace period
1010
2
Violation of privilege granted drivers of government
							 vehicles
1011
2
Violation of privilege granted drivers of road
							 machinery, farm implements and tractors
1020
2
Violation of restrictions on chauffeur's license
1030
2
Violation of restrictions on instruction permit
1031
2
Violation in use of temporary driver's permit
1032
2
Failure to have temporary driver's permit in
							 possession
1070
2
Operating in violation of restrictions imposed on
							 driver's license
1110
2
Violation of restrictions imposed on probationary
							 driver's license
1250
2
Failure of person to subject self to traffic control at
							 roadblock
2070
2
Exceeding the 102-inch width limit
2079
2
Towing more than one vehicle in combination
2080
2
Drawing more than two motor vehicles by saddlemount
							 method
2081
2
Towing more than one trailer with vehicle rated less
							 than 2000 pounds (manufacturer's rated capacity)
2111
2
Failure to follow directions and requirements of
							 special permit
4199
2
Sidewalk (driving on)
5010
2
Reckless or unsafe operation of authorized emergency
							 vehicle
5050
2
Failure to obey instructions of traffic control
							 devices
5222
2
Increasing speed when being overtaken
5230
2
Passing on right when prohibited
5240
2
Improper passing -- highway ahead obstructed
5250
2
Improper passing - approaching crest of grade (hill) or
							 curve
5251
2
Improper passing - approaching intersection
5252
2
Improper passing - approaching within 100 feet of
							 bridge, tunnel or viaduct when view obstructed
5260
2
Improper passing - in no passing zone
5270
2
Pass to left of rotary traffic island
5271
2
Travel wrong direction on one-way street or
							 highway
5280
2
Change lane when unsafe to do so
5281
2
Improper use of center lane of three lane roadway
5282
2
Failure to use designated lane when operating
							 slow-moving vehicles
5290
2
Following too closely - reasonable and prudent
5291
2
Following too closely - insufficient space between
							 vehicles or combinations
5300
2
Driving on other than right-hand roadway of divided
							 highway
5301
2
Driving over, across, or within dividing space or
							 barrier of divided highway
5310
2
Illegal entrance or exit to restricted access
							 highway
5320
2
Violations of limitations put on restricted access
							 highway
5330
2
Making right turn from improper lane
5331
2
Improper approach to intersections when making right
							 turn
5332
2
Making left turn from improper lane
5333
2
Improper approach to intersection when making left
							 turn
5334
2
Disobedience to signs and markers indicating direction
							 to turn
5340
2
Improper turn - crest of grade or on curve
5350
2
Improper starting - failure to start vehicle in
							 safety
5360
2
Improper turn - not in required position
5361
2
Turning when unsafe to do so
5362
2
Turning without giving proper signal
5363
2
Stopping or slowing without giving appropriate
							 signal
5370
2
Failure to have vehicle equipped with signal lamps when
							 required
5380
2
Right of way violation - failure to yield to vehicle on
							 right at intersection
5390
2
Right of way violation - failure to yield to hazardous
							 traffic when making left turn
5391
2
Right of way violation - failure of approaching drivers
							 to yield to vehicle making left turn
5400
2
Right of way violation - failure to yield to vehicle on
							 through highway
5401
2
Right of way violation - failure to yield to vehicle
							 entering or crossing highway
5410
2
Right of way violation - failure to yield when entering
							 highway from private road or drive
5411
2
Right of way violation - failure to yield when entering
							 highway from public approach ramp
5420
2
Right of way violation - failure to obey requirements
							 of yield sign
5060
2
Failure to yield right of way to vehicle when obeying
							 green go traffic signal
5061
2
Failure to yield right of way to pedestrian when
							 obeying green go traffic signal
5062
2
Failure to reduce speed when approaching yellow
							 (caution) traffic signal
5063
2
Failure to obey red (stop) traffic signal
5064
2
Failure to yield right of way to pedestrians or other
							 traffic in intersections when obeying green arrow traffic signal
5080
2
Flashing signal violation (red) Flashing signal
							 violation (yellow)
5170
2
Obstructing traffic, under minimum reasonable speed,
							 after being warned
5200
2
Failure to drive to right of roadway except when
							 passing
5210
2
Failure to give approaching vehicle half of
							 roadway
5220
2
Improper passing - crowding overtaken vehicle
5221
2
Failure to yield to overtaking vehicle
5430
2
Right of way violation - failure to yield to authorized
							 emergency vehicle
5431
2
Operator of authorized emergency vehicle - failure to
							 drive with due regard to safety of others
5450
2
Right of way violation - failure to yield to
							 pedestrian
5452
2
Overtaking vehicle stopped at crosswalk
5453
2
Right of way violation - failure to yield to school
							 children or school safety patrol
5470
2
Failure to exercise due care when observing
							 pedestrian
5570
2
Disobedience to signals indicating approach of railroad
							 train
5580
2
Failure to stop at railroad crossing when stop sign
							 erected
5590
2
Failure to stop at railroad crossing when carrying
							 passengers for hire
5591
2
Failure to stop at railroad crossing when driving
							 school bus
5592
2
Failure to stop at railroad crossing when carrying
							 explosives
5593
2
Failure to stop at railroad crossing when carrying
							 flammable liquids
5610
2
Stop sign violation
5620
2
Stop violation - emerging from alley, garage or
							 driveway
5630
2
Failure to stop for school bus stopped (loading or
							 unloading school children)
5631
2
Failure to slow for school bus preparing to stop
							 (flashing amber lights for school children)
5633
2
School bus failing to activate flashing amber lights
							 before stopping to receive or discharge school children
5640
2
Unlawful use of flashing lights on bus (amber or
							 red)
5690
2
Interfering with traffic while backing
5700
2
More than one on one-seated motorcycle
5702
2
Carrying passenger on motorcycle which interferes with
							 driver's operation
5703
2
Carrying package, etc., which interferes with operation
							 of motorcycle
5704
2
Riding motorcycle side-saddle
5705
2
Operating motorcycle on public highway or street
							 without lights
5706
2
Operating more than two motorcycles abreast in traffic
							 lane
5707
2
Failure to comply with duties applicable to motorcycle
							 operators
5720
2
Failure to keep vehicle under control on mountain
							 highways
5721
2
Failure to drive to extreme right side of road in
							 canyons (defiles, mountains)
5730
2
Allowing vehicle to coast downgrade
5740
2
Following fire apparatus
5750
2
Crossing fire hose
5852
2
Failure of driver to take required precautions upon
							 approaching the blind
7000
2
Operating a motor vehicle in unsafe condition without
							 proper lights and equipment
7010
2
Failure to have lamps lighted when required
7020
2
Failure to have two headlamps properly operating on
							 motor vehicle
7021
2
Failure to have proper headlamps on motorcycle
7030
2
Failure to have vehicle equipped with one or two tail
							 lamps as required
7051
2
Operating motor vehicle not equipped with stop
							 lamp
7063
2
Failure to have bus or truck properly equipped with
							 stop lamps
7068
2
Failure to have safety chain when required on
							 trailer
7110
2
Failure to display lamp or flag on projecting load
7141
2
Failure to have proper emblem on slow-moving vehicle
							 when required
7143
2
Failure of driver of slow-moving vehicle to pull off
							 roadway as required
7160
2
Emergency vehicle - no audible signal
7163
2
Fail to proceed with caution past an alternately
							 flashing or rotating red or blue light, at a speed that is reasonable and
							 proper under the conditions existing at the point of operation (failure to stop
							 for emergency lights.)
7164
2
Fail to stop for an alternately flashing or rotating
							 red or blue light at point of operation (fail to stop for emergency
							 lights).
7200
2
Failure to dim within 1000 feet of oncoming
							 traffic
7201
2
Failure to dim within 300 feet when approaching vehicle
							 from rear
7231
2
Displaying unauthorized red light
7240
2
Violation in use of red blinker light authorization for
							 fireman's private car
7261
2
Inadequate or defective service brakes
7263
2
Fail to have automatic breakaway brakes on trailer
							 which exceeds 3000 pounds G.V.W.
7268
2
Insufficient or inadequate reservoir for air or vacuum
							 brakes
7280
2
Defective brakes - motor-driven cycle
7291
2
Failure to sound horn to ensure safe operation
7310
2
Failure to have rear view mirror
7311
2
Defective rear-view mirror
7320
2
Obstructed windshield
7321
2
Defective windshield wipers
7502
2
Moving defective vehicle beyond specified limits
7603
2
Fail to identify disabled vehicle with proper equipment
							 while towing
0012
2
Transporting passengers in vehicle carrying
							 explosives
(2)
				A 6 month suspension results from the accumulation of 15 or more points in a 36
				month period.
(3) The following
				actions resulting from the accumulation of 6 or more points in an 18 month
				period may be taken:
(a) the licenseee may be
				required to attend a counseling session or re-take the driving examination or
				both.
(b) Failure to comply with
				the requirements of 3(a) will result in a three month suspension.