reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.190 - SOURCE DOCUMENT RETENTION

Current through Register Vol. 13, July 5, 2024
(1) The department
				shall retain copies of the application, declaration, and documents submitted to
				prove legal name, date of birth, social security number, authorized presence,
				and Montana residency.
(2) The
				department must scan and retain the digital images for the retention period
				required under state law, but not less than ten years.
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 23.3.2 - Driver Improvement › Rule 23.3.201 - DRIVER IMPROVEMENT COMMITTEE

Current through Register Vol. 13, July 5, 2024
There is within the Motor Vehicles Division a Driver
				  Improvement Committee consisting of an examiner, a commissioned officer and a
				  lawyer for the Division. The Committee carries out the Division's duties
				  relating to review of the denial, suspension, or revocation of an operator's or
				  chauffeur's license, the imposition of probationary status on a driver, or the
				  requirement of a driver's reexamination.
Sec.
					 44-1-103
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.2 - Driver Improvement › Rule 23.3.203 - PERSON ELIGIBLE FOR DRIVER REHABILITATION PROGRAM

Current through Register Vol. 13, July 5, 2024
(1) A person whose license is suspended
				because of the accumulation of 15 or more Driver Rehabilitation points must be
				referred to a Driver Rehabilitation Program.
(2) A person whose license is suspended for
				any reason other than refusal to submit to a chemical test of his blood,
				breath, or urine is eligible to participate in the Driver Rehabilitation
				Program if he complies with all requirements for reobtaining a license after
				suspension.
(3) A person whose
				license has been revoked for 3 months of a 1 year revocation or 1 year of a 3
				year revocation is eligible to participate in the Driver Rehabilitation Program
				if he complies with all requirements for reobtaining a license after
				revocation.
Sec.
					 61-2-302(1)
					 MCA; IMP,
					 61-2-302
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.2 - Driver Improvement › Rule 23.3.204 - DRIVER REHABILITATION PROGRAM

Current through Register Vol. 13, July 5, 2024
The Driver Rehabilitation Program must include but is not
				  limited to:
(1) A personal appearance
				by the violator at a Driver Rehabilitation Session. The violator must be
				notified in writing of the time and place of the appearance at least 20 days
				prior to it.
(2) The violator must
				be informed of his record and accumulated points, and of the consequences of
				further violations.
(3) The
				Rehabilitation Officer may refer the violator to programs the officer
				determines are necessary to induce proper driving attitudes, habits, and
				techniques. Examples of referrals are classroom instruction in rules of the
				road, driving techniques, defensive driving, or driver attitudes and habits;
				on-the-road training; alcohol counseling or treatment; mental evaluation or
				treatment; physical evaluation or treatment; and visual examination or
				treatment.
Sec.
					 61-2-302(1)
					 MCA; IMP,
					 61-2-302
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.2 - Driver Improvement › Rule 23.3.205 - FEES FOR DRIVER REHABILITATION PROGRAM

Current through Register Vol. 13, July 5, 2024
A person referred to the Driver Rehabilitation Program shall
				  pay $50 to defray the cost of the program. This fee covers the cost of
				  referrals to defensive driving or alcohol school. All other costs of referrals
				  must be paid by the participant.
Sec.
					 61-2-302(1)
					 MCA; IMP,
					 61-2-302(7)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.2 - Driver Improvement › Rule 23.3.206 - DISCRETIONARY ACTION AGAINST DRIVING PRIVILEGES

Current through Register Vol. 13, July 5, 2024
The staff of the Motor Vehicles Division shall analyze and
				  present to the Driver Improvement Committee for final decision any proposed
				  action to be taken against an individual's driving privileges that is not
				  covered by ARM
				  23.3.202, along with the staff's
				  recommendation for suspension, probation, restricted probation, or no
				  action.
44-1-103
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.2 - Driver Improvement › Rule 23.3.207 - EXAMINATIONS FAILED

Current through Register Vol. 13, July 5, 2024
If a driver applicant fails the eye examination or other
				  driver examination standards the applicant is considered incompetent or
				  otherwise not qualified to be licensed. Therefore, the driver's license must be
				  suspended.
Sec.
					 44-1-103
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.2 - Driver Improvement › Rule 23.3.208 - REEXAMINATION ORDERED

Current through Register Vol. 13, July 5, 2024
If a driver is ordered to be reexamined and fails to submit
				  to the reexamination, the driver's license and privilege to drive is suspended
				  until the driver complies.
Sec.
					 44-1-103
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.2 - Driver Improvement › Rule 23.3.209 - CANCELLATION FOR WITHDRAWAL OF CONSENT FOR A MINOR

Current through Register Vol. 13, July 5, 2024
If the signer of a minor's application for an operator's
				  permit withdraws consent under section
				  61-5-109,
				  MCA, or dies, the minor's license is immediately cancelled upon receipt by the
				  Division of notification that consent has been withdrawn or signer has
				  died.
Sec
					 44-1-103
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.2 - Driver Improvement › Rule 23.3.210 - DENIAL OF LICENSE DUE TO INCOMPETENCY OR ADDICTION

Current through Register Vol. 13, July 5, 2024
No license may be issued to nor renewed for an inebriate,
				  alcoholic, drug addict or insane person committed by a court until such person
				  has been restored to competency in a court, or in the case of an inebriate,
				  alcoholic or drug addict until he has supplied satisfactory evidence that he is
				  no longer addicted to the excessive use of alcohol or drugs, as the case may
				  be.
Sec.
					 44-1-103
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.2 - Driver Improvement › Rule 23.3.211 - OTHER INFORMATION RESULTING IN CHANGE OF STATUS OF DRIVER'S LICENSE

Current through Register Vol. 13, July 5, 2024
(1) A person who indicates that he has
				suffered from fainting or dizzy spells, epilepsy or epileptic type seizures,
				heart trouble or paralysis must furnish the Motor Vehicles Division information
				from a medical doctor as follows:
(a) For
				fainting or dizzy spells a report must be submitted if the last occurrence was
				within the preceding 5 years.
(b)
				For epilepsy or epileptic type seizures, a report must be submitted regardless
				of date of occurrence.
(c) For
				heart ailments, a report must be submitted if the last treatment was within the
				preceding 3 years.
(d) For
				paralysis, a report must be submitted only if the examiner determines it is
				necessary.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.2 - Driver Improvement › Rule 23.3.212 - ALTERED DRIVER'S LICENSE

Current through Register Vol. 13, July 5, 2024
A license received by the Division that indicates on its face
				  that any data or photograph has been altered may be suspended for 6 months. A
				  statement must be received indicating that the individual who picked up the
				  license received it from the individual pictured and/or named on the
				  license.
Rules 13
Sec.
					 44-1-103
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.2 - Driver Improvement › Rule 23.3.221 - APPEAL DOES NOT ALTER REVOCATION

Current through Register Vol. 13, July 5, 2024
An appeal or notice of appeal from a conviction for Driving
				  While Intoxicated does not affect the administration of the driver's license
				  revocation.
Rules 22
Sec.
					 44-1-103
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.2 - Driver Improvement › Rule 23.3.231 - PROBATIONARY LICENSES

Current through Register Vol. 13, July 5, 2024
(1) The Division
				may issue a person a restricted probationary license in lieu of suspension of
				driving privilege for 6 months upon conviction or forfeiture of bail or
				collateral not vacated for the offense of driving or being in control of a
				motor vehicle while under the influence of alcohol or drugs for the first time
				in 5 years as detailed in section
				61-5-208
				MCA if:
(a) the judge of the court in which
				the conviction or forfeiture occurred recommends probation, and
(b) the licensee continues to comply with the
				alcohol treatment program or driver improvement school participation directed
				by the court.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.2 - Driver Improvement › Rule 23.3.232 - RESTRICTIONS ON PROBATIONARY LICENSES

Current through Register Vol. 13, July 5, 2024
(1) The
				Division may restrict probationary licenses in the following manner:
(a) Licenses restricted to "occupational
				driving only" may only be used by the licensee to travel to and from the
				regular place of employment, or in search of employment, by the most direct
				route from the residence in a period of time no greater than is reasonable
				under existing traffic conditions; and during work hours at the specific
				direction of the employer for purposes of carrying out assigned job related
				functions.
(b) Licenses restricted
				to "home to school and return" may only be used by the licensee to travel
				between the residence and the school or educational institution in which the
				licensee is enrolled. Travel is only authorized immediately before and after
				regular school hours and must be by the most direct route between the residence
				and the school in a period of time no greater than is reasonable under existing
				traffic conditions. Driving to or from extracurricular activities is not
				allowed.
(c) Licenses restricted to
				"essential driving only" may only be used by the licensee for:
(i) occupational driving as defined in
				subsection (1) (a) above; and
(ii)
				home to school driving as defined in subsection (1) (b) above; and
(iii) travel to and from the regular
				residence in a period of time no greater than is reasonable under existing
				traffic conditions for purposes related to maintenance of the
				household.
(d) Licenses
				restricted to "daytime hours only" may only be used by the licensee to operate
				a motor vehicle from one-half hour before sunrise to one-half hour after
				sunset.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.3 - Qualifications for Highway Patrol Officers › Rule 23.3.301 - HIGHWAY PATROL APPLICANTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
44-1-103
					 MCA; IMP, Sec.
					 44-1-102,
					 44-1-303(2),
					 44-1-401
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.3 - Qualifications for Highway Patrol Officers › Rule 23.3.302 - MINIMUM QUALIFICATIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 44-1-103
					 MCA; IMP, Sec.
					 44-1-102,
					 44-1-303(2),
					 44-1-401
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.3 - Qualifications for Highway Patrol Officers › Rule 23.3.303 - APPLICATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 44-1-103
					 MCA; IMP, Sec.
					 44-1-102,
					 44-1-303(2),
					 44-1-401
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.3 - Qualifications for Highway Patrol Officers › Rule 23.3.304 - PROCEDURE FOR SCREENING APPLICANTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 44-1-103
					 MCA; IMP, Sec.
					 44-1-102,
					 44-1-303(2),
					 44-1-401
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.3 - Qualifications for Highway Patrol Officers › Rule 23.3.305 - PROCEDURE FOR INVESTIGATING APPLICANTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 44-1-103
					 MCA; IMP, Sec.
					 44-1-102,
					 44-1-303(2),
					 Eff.
					 44-1-401
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.3 - Qualifications for Highway Patrol Officers › Rule 23.3.306 - APPOINTMENTS TO SERVICE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 44-1-103
					 MCA; IMP, Sec.
					 44-1-102,
					 44-1-303(2),
					 44-1-401
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.3 - Qualifications for Highway Patrol Officers › Rule 23.3.307 - INSTRUCTIONS TO MEDICAL EXAMINERS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 44-1-103
					 MCA; IMP, Sec.
					 44-1-102,
					 44-1-303(2),
					 44-1-401
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.3 - Qualifications for Highway Patrol Officers › Rule 23.3.311 - REINSTATEMENT OF FORMER MEMBERS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 44-1-103
					 MCA; IMP, Sec.
					 44-1-102,
					 44-1-303(2),
					 44-1-401
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.4 - Traffic › Rule 23.3.401 - EMERGENCY VEHICLES

Current through Register Vol. 13, July 5, 2024
When a Highway Patrol officer observes a vehicle equipped
				  with audible or visual signals which would identify such vehicle as an
				  authorized emergency vehicle or police vehicle, and the officer has probable
				  cause to believe that the vehicle does not have authorization for emergency
				  vehicle status, enforcement action should be taken.
Sec.
					 44-1-103
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.4 - Traffic › Rule 23.3.402 - SPECIFIC AMBULANCE OR TOW CAR SERVICE REQUESTED

Current through Register Vol. 13, July 5, 2024
Whenever a Highway Patrol officer investigates an accident
				  where the owner or operator is contacted at the scene, the officer shall
				  inquire of the owner and/or operator as to what tow car he or she desires and
				  attempt to secure the same. If the owner and/or operator requests a tow car
				  from a considerable distance and another tow car can be obtained much closer
				  and in the officer's judgment, should be, because of the hazardous situation
				  created by wrecked vehicles, then it will be the officer's responsibility to
				  explain to the owner and/or operator the importance of eliminating the hazard
				  created by the wrecked vehicles by requesting the nearest tow car. When the
				  owner and/or operator requests a tow car from a considerable distance and the
				  wrecked vehicle can be pushed off the travelled portion of the highway with the
				  assistance of persons at the scene, this should be done instead of calling a
				  local tow car just to remove the vehicle from the travelled portion of the
				  highway, and in such instances the owner and/or operator shall be informed that
				  it is his or her responsibility to guard the wrecked vehicle until the arrival
				  of the requested tow car.
Sec.
					 44-1-103
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.4 - Traffic › Rule 23.3.403 - OFFICER TO REQUEST AMBULANCE OR TOW CAR SERVICE

Current through Register Vol. 13, July 5, 2024
The Highway Patrol officer shall call the nearest qualified
				  tow car service whenever the owner and/or operator:
(1) is absent from the accident
				scene;
(2) is injured to the extent
				of being incapable of normal conversation;
(3) is impaired by intoxication to the extent
				of being incapable of making a reasonable decision; or
(4) requests the member to select the tow car
				service.
Sec.
					 44-1-103
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.4 - Traffic › Rule 23.3.404 - QUALIFIED TOW CAR SERVICE

Current through Register Vol. 13, July 5, 2024
In selecting the nearest tow car service the officer shall be
				  governed by his or her past experience in securing prompt and adequate service,
				  and his or her knowledge as to the availability of storage facilities to
				  protect the vehicle, its accessories and its contents. In order to be
				  qualified, towing services must meet the requirements of section
				  61-9-416
				  MCA.
Sec.
					 44-1-103
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.4 - Traffic › Rule 23.3.405 - TOW CAR SERVICE ROTATION SYSTEM

Current through Register Vol. 13, July 5, 2024
In localities where there are two or more tow car services,
				  officers shall distribute tow car service calls on an equitable basis by an
				  established "Tow Car Rotation System." The "Tow Car Rotation System" must be
				  used when all tow car services are approximately the same distance from
				  services requested. In establishing the rotation system officers must be
				  assured by the participating agencies that:
(1) Service will be prompt;
(2) The agency has adequate equipment to
				properly, safely and quickly perform the services;
(3) The agency is subject to call 24 hours
				per day, 7 days a week and will accept service calls on that basis;
				and
(4) The agency has equipment to
				qualify under section
				61-9-416
				MCA.
44-1-103
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.4 - Traffic › Rule 23.3.406 - ACCEPTING AUTOMOBILE CLUB CARDS IN LIEU OF BOND

Current through Register Vol. 13, July 5, 2024
(1) For purposes of this rule, "card" means
				an Automobile Club Card or Guaranteed Arrest Bond Certificate.
(2) Officers may accept an authentic official
				card issued by any of the agencies recognized by the state auditor in lieu of
				cash bond.
(3) Prior to accepting a
				card in lieu of a cash bond, an officer shall ascertain that:
(a) It is an authentic and official card. AAA
				cards must carry the AAA symbol;
(b) The name on the card represents the
				person who possesses it. (Compare with the driver's license) ;
(c) The card has not expired; and
(d) The card has been signed by the
				owner.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.4 - Traffic › Rule 23.3.407 - ACCEPTING PERSONAL ITEMS IN LIEU OF BOND

Current through Register Vol. 13, July 5, 2024
A Highway Patrol officer may not accept personal items (such
				  as watches, cameras, tools, etc.) in lieu of cash bond. If an officer accepts
				  personal items in lieu of a cash bond, he is financially responsible to the
				  judge in an amount equivalent to the established bond for the specific
				  violation.
Sec.
					 44-1-103
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.4 - Traffic › Rule 23.3.408 - POSTING BOND MONIES WITH COURT

Current through Register Vol. 13, July 5, 2024
(1) Any
				monies collected as bail bond should be remitted to the justice of the peace
				within 5 days from the date such money was collected or accepted. All officers
				are subject to individual "on the spot" audit of their records and collection
				of monies. Any audit revealing any mishandling or misappropriation of monies or
				disobedience or non-compliance to this rule will subject the officer to
				dismissal or severe disciplinary action.
(2) Bond monies may not be accepted from any
				violators who have been released. Once released, the violator is within the
				jurisdiction of the court system. Violators who wish to post bond after release
				must be instructed to post bond with the nearest court, which court will then
				transmit the bond monies to the court of the appropriate
				jurisdiction.
Sec.
					 44-1-103
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.4 - Traffic › Rule 23.3.409 - OUT-OF-STATE VIOLATORS

Current through Register Vol. 13, July 5, 2024
Officers may assume that an out of state violator will not
				  answer a traffic citation once he has been allowed to leave the state.
				  Therefore, officers should not allow such violators to proceed without first
				  setting and accepting an appearance bond justifiable for the offense
				  charged.
Sec.
					 44-1-103
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.4 - Traffic › Rule 23.3.410 - RECOMMENDATION FOR REEXAMINATION

Current through Register Vol. 13, July 5, 2024
A reexamination ordered under section
				  61-5-207
				  MCA, requires evidence of incompetency or other disqualifications.
				  Recommendations submitted by officers must be accompanied by a written
				  statement describing the incompetency or other disqualification to provide a
				  basis for ordering reexamination.
Sec.
					 44-1-103
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.4 - Traffic › Rule 23.3.411 - SURRENDER OF SUSPENDED, REVOKED OR CANCELLED DRIVERS LICENSE

Current through Register Vol. 13, July 5, 2024
Persons refusing to surrender suspended, revoked or cancelled
				  licenses on demand, should be issued a citation under section
				  61-5-302(4)
				  MCA.
Sec.
					 44-1-103
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.4 - Traffic › Rule 23.3.412 - ABANDONED VEHICLES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 44-1-103
					 MCA; IMP, Sec.
					 61-8-705,
					 61-12-401
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.4 - Traffic › Rule 23.3.413 - AIRCRAFT LANDINGS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 44-1-103
					 MCA; IMP, Sec.
					 41-1-102
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.4 - Traffic › Rule 23.3.414 - CHEMICAL TEST RESULTS TO BE CONFIDENTIAL (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 44-1-103
					 MCA; IMP, Sec.
					 61-8-402
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.4 - Traffic › Rule 23.3.415 - POLICY FOR BLOCKING HIGHWAYS DUE TO WEATHER CONDITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 44-1-103
					 MCA; IMP, Sec.
					 44-1-102
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.4 - Traffic › Rule 23.3.416 - UNIFORM APPROVAL OF MOTOR VEHICLE SAFETY EQUIPMENT

Current through Register Vol. 13, July 5, 2024
The state of Montana and the American association of motor
				  vehicle administrators enter into the following agreement:
(1) The purpose is to provide a uniform
				procedure for approval of motor vehicle safety equipment components and/or
				assemblies to facilitate the approval and issuance of equipment approval
				certificates by jurisdictions as required by applicable statutes.
(2) Parties to agreement are the American
				association of motor vehicle administrators, a non profit association organized
				under the laws of the District of Columbia, of which each state and province of
				Canada is a member, hereinafter referred to as the association and each state
				of the United States; each province of Canada; the District of Columbia; the
				canal zone; Puerto Rico; hereinafter referred to as the jurisdiction.
(3) the association agrees to the following
				terms:
(a) The association agrees to receive
				requests from the manufacturers of automotive vehicles and manufacturers of
				after market components, parts, materials, and/or assemblies for approval and
				issuance of certificate of approval.
(b) The association agrees to conduct or have
				conducted tests to ascertain that the components, parts, materials, and/ or
				assemblies meet prescribed standards and/or specifications covering vehicle
				safety equipment. Such standards and/or specifications shall be those of the
				society of automotive engineers American standards association, or other
				recognized authority.
(c) The
				association agrees to issue uniform certificate of approval to the manufacturer
				or supplier submitting request, or notice of failure to meet required tests or
				procedures.
(d) The association
				agrees to furnish the jurisdiction with certificate of approval on all
				components, parts, materials, and/or assemblies as required by the statutes of
				the jurisdiction.
(e) The
				association agrees to maintain a list of approved safety equipment and make
				information available upon request.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.4 - Traffic › Rule 23.3.417 - STANDARDS FOR PROTECTIVE HEADGEAR

Current through Register Vol. 13, July 5, 2024
(1) The
				Department of Justice adopts and incorporates in these rules the American
				National Standard Institution (ANSI) Standard 290.1-1971, and the Federal Motor
				Vehicle Safety Standard (FMVSS) 218 (
				49 C.F.R. §
										571.218 )and all subsequent amendments to
				those standards.
(2) If there is
				any conflict between ANSI 290.1-1971 and FMVSS 218, FMVSS 218
				controls.
(3) These standards apply
				to protective headgear to be worn by any motorcycle operator or passenger under
				18 years of age.
(4) FMVSS 218 is
				found at 49 Code of Federal Regulations (C.F.R.), section 571.218, "Motorcycle
				Helmets." Copies of ANSI Standard 290.1-1971 are available upon request from
				the Division of Motor Vehicles, Department of Justice, 303 Roberts, Helena,
				Montana 59620.
Sec.
					 61-9-417,
					 MCA; IMP,
					 61-9-417,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.4 - Traffic › Rule 23.3.418 - STANDARDS FOR CHILD SAFETY RESTRAINT SYSTEMS

Current through Register Vol. 13, July 5, 2024
All child safety restraint systems purchased after January 1,
				  1984, for use in motor vehicles to comply with the provisions of sections
				  61-9-419
				  through
				  61-9-423, MCA,
				  must conform to federal standards outlined in Federal Motor Vehicle Safety
				  Standard No. 213. The Division of Motor Vehicles, Department of Justice, hereby
				  adopts and incorporates by reference Federal Motor Vehicle Safety Standard No.
				  213, in 49 C.F.R. part 571, which sets forth requirements and standards for
				  child safety restraint systems. A copy of Federal Motor Vehicle Safety Standard
				  No. 213, in 49 C.F.R. part 571 may be obtained from the Division of Motor
				  Vehicles, Department of Justice, 303 Roberts, Helena, Montana
				  59620.
Sec.
					 61-9-420,
					 MCA; IMP,
					 61-9-419
					 to
					 61-9-423,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.4 - Traffic › Rule 23.3.419 - EXEMPTIONS

Current through Register Vol. 13, July 5, 2024
The provisions and requirements of section
				  61-9-420(1),
				  MCA, do not apply to any child who, because of a physical or medical condition,
				  or because of body size, cannot be placed in a child safety restraint system or
				  safety belt.
Sec.
					 61-9-420,
					 MCA; IMP,
					 61-9-420,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.4 - Traffic › Rule 23.3.420 - SAFETY EQUIPMENT FOR FERTILIZER TRAILERS

Current through Register Vol. 13, July 5, 2024
Trailers designed for transporting and dispersing fertilizer
				  shall comply with the following safety requirements:
(1) Unless the trailer is equipped with
				brakes in compliance with section
				61-9-301,
				MCA, it may not be towed at a speed greater than 35 miles per hour.
(2) If the trailer is towed in a combination
				of more than two vehicles, the rear units of the combination shall be equipped
				with breakaway brakes.
(3) The
				trailer may be operated only in daylight hours unless it is equipped with
				lights in compliance with section
				61-9-207,
				MCA.
(4) Unless the brake lights
				and turn signals of the motor vehicle towing the trailer are clearly visible
				from the rear, the trailer shall be equipped with brake lights and turn
				signals.
(5) The tow bar of the
				trailer shall be securely fastened to the towing unit, and an additional safety
				chain with a minimum diameter of three-eights inch or cable with a minimum
				diameter of one-fourth inch shall also be securely fastened to the towing
				unit.
(6) If the trailer is
				transporting anhydrous ammonia, it shall display appropriate department of
				transportation placards on all four sides of the tank.
Sec.
					 61-2-103, MCA;
					 IMP, Sec.
					 61-9-504,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.4 - Traffic › Rule 23.3.425 - EXEMPTIONS FROM SEATBELT LAW

Current through Register Vol. 13, July 5, 2024
(1) The provisions
				of section
				61-13-103(1),
				MCA, forbidding operation of a motor vehicle unless each occupant of a
				designated seating position is wearing a seatbelt, do not apply to an occupant
				of a motor vehicle who must in the course of his or her official job duties
				make such frequent stops that the public interest is best served by allowing an
				exemption. An occupant of a motor vehicle meets this requirement for exemption
				if, while performing his or her official job duties, the occupant:
(a) normally and as a matter of routine
				operates or rides in a motor vehicle;
(b) normally and as a matter of routine makes
				ten or more stops per mile;
(c)
				must exit the vehicle at the required stops; and
(d) carries an exemption certificate issued
				by the department.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.4 - Traffic › Rule 23.3.426 - APPLICATION FOR AND USE OF EXEMPTION CERTIFICATE

Current through Register Vol. 13, July 5, 2024
(1) Persons who qualify for an exemption
				under ARM 23.3.425 may apply for an
				exemption certificate from the Department of Justice, Motor Vehicle Division,
				303 Roberts, Helena, Montana. Application is made by completing and submitting
				an application on a form furnished by the department.
(2) If, upon review of the completed
				application, the department is satisfied that the applicant is eligible for an
				exemption, the department will issue an exemption certificate to the
				applicant.
(3) The exemption
				certificate must be carried in the motor vehicle being operated for official
				duties as proof of an exemption and the certificate is valid only while the
				exempted person is engaged in official duties.
(4) The exemption certificate must be
				exhibited upon demand of a judge or a peace officer.
(5) An exemption certificate is valid for two
				years from the date of issuance. An application for renewal must be filed
				within 30 days after expiration or a completely new application for exemption
				will be required.
(6) The
				department must be notified within 30 days of any change in information upon
				which an exemption is based.
61-3-103(3)
					 MCA; IMP, Sec.
					 61-3-103(2)
					 (f)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.5 - Licensing Operators of Commercial Motor Vehicles › Rule 23.3.501 - SCOPE OF SUBCHAPTER; DUTIES OF OWNER-OPERATORS

Current through Register Vol. 13, July 5, 2024
(1) The rules in this subchapter establish
				minimum qualifications for commercial motor vehicle operators, and provide for
				methods of testing those qualifications.
(2) These rules do not prohibit a motor
				carrier from imposing more stringent or additional qualifications,
				requirements, examinations, or certificates.
(3) A motor carrier who employs himself as a
				commercial motor vehicle operator must comply with these rules.
Sec.
					 61-5-112,
					 61-5-117,
					 61-5-125
					 MCA; IMP, Sec.
					 20-10-103,
					 61-5-102,
					 61-5-104 to
					 61-5-108,
					 61-5-110
					 to
					 61-5-116,
					 61-5-305,
					 61-5-306
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.5 - Licensing Operators of Commercial Motor Vehicles › Rule 23.3.502 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
Unless the context indicates otherwise, the words and
				  phrases in this subchapter have the definitions set forth in this rule.
(1) "Bureau" means the Driver Services
				Bureau, unless otherwise specifically stated.
(2) "CDL skills test" means a test given to
				applicants for a commercial driver's license and commercial endorsements. A
				skills test is comprised of the following three components:
(a) vehicle inspection test;
(b) basic control skills; and
(c) road test.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.5 - Licensing Operators of Commercial Motor Vehicles › Rule 23.3.503 - ELIGIBILITY FOR TYPE 1 ENDORSEMENT

Current through Register Vol. 13, July 5, 2024
(1) A
				person is eligible to receive a type 1 endorsement if the person:
(a) is at least 21 years old;
(b) can read and speak the English language
				sufficiently to converse with the general public, to understand highway traffic
				signs and signals in the English language, to respond to official inquiries,
				and to make entries on reports and records;
(c) can safely operate the type of commercial
				motor vehicle driven;
(d) can
				determine whether the cargo transported (including baggage in a passenger
				carrying vehicle) has been properly placed, distributed, and secured in or on
				the commercial motor vehicle driven;
(e) is familiar with methods and procedures
				for securing cargo in or on the commercial motor vehicle driven;
(f) is physically qualified in accordance
				with ARM 23.3.504;
(g) has been issued a currently valid Montana
				driver's license;
(h) is not
				ineligible to drive a commercial motor vehicle under (2) of this
				rule.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.5 - Licensing Operators of Commercial Motor Vehicles › Rule 23.3.505 - ELIGIBILITY FOR TYPE 2 ENDORSEMENT

Current through Register Vol. 13, July 5, 2024
(1) A
				person is eligible to receive a type 2 endorsement if the person:
(a) is at least 18 years of age;
(b) can safely operate the type of commercial
				motor vehicle driven;
(c) can
				determine whether the cargo he/she transports (including baggage in a passenger
				carrying vehicle) has been properly placed, distributed, and secured in or on
				the commercial motor vehicle driven;
(d) is familiar with methods and procedures
				for securing cargo in or on the commercial motor vehicle driven;
(e) is physically able to meet the
				requirements of ARM
				23.3.504(1) and
				(2) or, if unable to meet those requirements,
				meets the requirements of ARM
				23.3.506 and complies with ARM
				23.3.507;
(f) has been issued a currently valid Montana
				driver's license;
(g) is not
				otherwise ineligible to operate a motor vehicle;
(h) has successfully completed the required
				driving examination (or presented a certificate of employment/experience in the
				case of an exchange or conversion);
(i) has, in the case of a new applicant,
				successfully completed a written examination appropriate to the class or type
				of endorsement applied for.
(j)
				certifies that he/she operates solely in intrastate activities and that he/she
				is not subject to 49 C.F.R., part 391.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.5 - Licensing Operators of Commercial Motor Vehicles › Rule 23.3.507 - MEDICAL STATEMENT REQUIRED FOR TYPE 2 ENDORSEMENT-EXCEPTION

Current through Register Vol. 13, July 5, 2024
(1) An applicant for a type 2 endorsement
				must complete a medical statement on a form supplied by the department unless
				he/she presents a current medical certificate. The statement includes:
(a) the applicant's full name as it appears
				on the Montana driver's license or application;
(b) the applicant's date of birth;
(c) the applicant's social security
				number;
(d) whether or not the
				applicant has a current federal waiver or exemption, and, if so, for what
				condition;
(e) whether or not the
				applicant has a loss of a foot, a leg, a hand, or an arm;
(f) whether or not the applicant has an
				impairment of any limb or extremity;
(g) whether or not the applicant has an
				established medical history or clinical diagnosis of diabetes mellitus,
				currently requiring insulin for control, and, if so, the date of the last
				episode or treatment;
(h) whether
				or not the applicant has a current clinical diagnosis of heart disease or
				cardiovascular disease of a variety known to be accompanied by fainting,
				dizziness, shortness of breath, collapse, or congestive cardiac failure, and,
				if so, the name of the condition and the date of the last episode or
				treatment;
(i) whether or not the
				applicant has an established medical history or clinical diagnosis of a
				respiratory disease;
(j) whether or
				not the applicant has an established medical history or clinical diagnosis of
				rheumatic, arthritic, orthopedic, muscular, or vascular disease which could
				interfere with his ability to perform the normal tasks associated with the
				operation of a motor vehicle;
(k)
				whether or not the applicant has an established medical history or clinical
				diagnosis of epilepsy or any other condition which is likely to cause loss of
				consciousness or any loss of muscular or motor control, and if so, the name of
				the condition and the date of the last episode;
(l) whether or not the applicant has a
				mental, nervous, organic, or functional disease or psychiatric disorder likely
				to interfere with ability to drive a motor vehicle safely;
(m) whether or not the applicant wears
				corrective lenses for correction of distant vision;
(n) whether or not the applicant uses
				amphetamines, narcotics, or any habit forming drugs;
(o) whether or not the applicant has a
				current clinical diagnosis of alcoholism;
(p) the signature of the applicant swearing
				or affirming that the items in the medical statement are true and correct to
				the best of his/her knowledge and belief.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.5 - Licensing Operators of Commercial Motor Vehicles › Rule 23.3.508 - APPLICATION FOR ENDORSEMENT

Current through Register Vol. 13, July 5, 2024
(1) An applicant
				for any type or class endorsement must successfully complete a vision
				examination, and new applicants must successfully complete a written and
				driving examination as designated for the type(s) and class(es) of
				endorsement(s) applied for.
(2) An
				applicant for either type commercial motor vehicle endorsement must pay the fee
				for the type of endorsement (type 1 or type 2) applied for as a portion of his
				application. No examination will be conducted nor will any endorsement be
				issued until the required fee is paid. There is no fee for hazardous material,
				passenger, double/triple or tank endorsement(s) to a driver's license.
(a) Payment of the required fee entitles the
				applicant to 3 attempts of the examination within 6 months from the date of
				application except that no fee examinations shall be limited to 6 attempts
				within 6 months. If the applicant has not successfully completed the
				application within the 6-month period, the fee is forfeit, and any receipts or
				permits issued as a result of payment of the fee are void and must be returned
				to the department. A failure of an eye test is not an attempt at the
				examination.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.5 - Licensing Operators of Commercial Motor Vehicles › Rule 23.3.509 - CERTIFICATE OF EMPLOYMENT

Current through Register Vol. 13, July 5, 2024
(1) The certificate
				of employment/experience, which may be issued singly or as part of an
				application for a commercial motor vehicle operator's endorsement, is on a form
				furnished by the department, and includes:
(a) the full name of the applicant as it
				appears on his/ her Montana driver's license or application;
(b) the applicant's date of birth;
(c) the applicant's social security
				number;
(d) the name and title of
				the person making the certification and the name of the company which employs
				the certifier;
(e) in the case of
				an owner/operator, the license number of at least one commercial vehicle
				registered to him/her;
(f) the
				length of employment for this employer, or in the case of a new hire or
				currently unemployed individual, the name and length of service as a commercial
				motor vehicle operator for the most recent employer as shown on the application
				for employment;
(g) a list of the
				type(s) of vehicles driven and whether the vehicles have air or air/combination
				brakes, each followed by the cumulative length of experience in that
				type;
(h) in the case of a new hire
				or person with less than 3 months employment, a brief statement outlining any
				driver training conducted by the employer;
(i) the notarized signature of the certifier
				swearing or affirming that the items in the certification are true and correct
				to the best of his/her knowledge or belief;
(j) the signature of the applicant swearing
				or affirming that the information provided to the employer and used to complete
				the certification is true and correct to the best of the applicant's knowledge
				and belief.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.5 - Licensing Operators of Commercial Motor Vehicles › Rule 23.3.510 - ONE LICENSE AFFIDAVIT

Current through Register Vol. 13, July 5, 2024
(1) The one license
				affidavit, which may be issued singly or as part of an application for a
				commercial motor vehicle operator's endorsement, is completed on a form
				furnished by the department and contains:
(a)
				the full name of the applicant as it appears on his/her Montana driver's
				license or application;
(b) the
				applicant's date of birth;
(c) the
				applicant's social security number;
(d) whether or not the applicant is currently
				licensed to drive a motor vehicle in any other jurisdiction(s) and, if so,
				which jurisdiction(s), the license number(s) assigned, and the expiration
				date(s) of the license(s) ;
(e)
				whether or not the applicant is currently licensed or endorsed to drive a
				commercial motor vehicle by any other jurisdiction(s) and, if so, which
				jurisdiction(s), the license number(s) assigned, and the expiration date(s) of
				the license(s) ;
(f) whether or not
				the applicant has an active license record in any other jurisdiction(s) and, if
				so, which jurisdiction(s) ;
(g) the
				signature of the applicant swearing or affirming that the information given in
				the one license affidavit is true and correct to the best of his/her knowledge
				and belief.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.5 - Licensing Operators of Commercial Motor Vehicles › Rule 23.3.511 - SCHEDULING EXAMINATIONS

Current through Register Vol. 13, July 5, 2024
(1) An applicant
				for a commercial motor vehicle endorsement may make application, present
				medical certificates or medical statements, certificates of
				employment/experience, and one license affidavits, and take the vision and
				written examination at any driver services examination station during normal
				business hours.
(2) The driving
				examination for a class A endorsement is given on an appointment basis. Upon
				successful completion of all other requirements for a class A endorsement, the
				examiner will schedule an appointment at a class A examination station closest
				or most convenient to the applicant. At the request of the applicant, an
				examination will be scheduled in the applicant's home county within 90 days
				from the date of application.
(a) It is the
				applicant's responsibility to appear at the appointed time and place, and to
				provide a vehicle in good working order suitable to the class A endorsement
				applied for.
(b) If the applicant
				does not appear, or appears more than 15 minutes late for the scheduled
				appointment, or provides a vehicle that does not meet the requirements for the
				classification applied for, or that is unsafe or not in good working order, his
				appointment will be cancelled, or reset to the next available time.
(c) If the applicant has had an appointment
				cancelled due to nonappearance and had not informed the bureau of his inability
				to keep the appointment at least 24 hours prior to the scheduled time, a
				reappointment fee of $20 may be required to establish another appointment.
(i) Fees collected under this provision shall
				be used by the bureau to abate the travel costs of commercial vehicle
				examiners.
(ii) Reappointment fees
				may be waived if the appointee was incapacitated and unable to contact the
				bureau.
(d) If an
				applicant does not accept the appointment offered, it is the applicant's
				responsibility to obtain his/her own appointment by contacting the examiner in
				the area in which an appointment is desired.