Montana Administrative Code

23.3.101 COUNTY TREASURERS AS FEE COLLECTING AGENTS (REPEALED) Authorizing statute(s): 61-5-111(1), MCA Implementing statute(s): 61-5-111(1), MCA History: Eff. 12/31/72; AMD, 1980 MAR p. 574, Eff. 2/15/80; REP, 2023 MAR p. 766, Eff. 8/5/23.

23.3.1101 TRAINING FOR ADULT SCHOOL CROSSING GUARDS An adult school crossing guard may be a school district employee or an adult volunteer member of the community. Training for adult school crossing guards may be provided by the school district or local law enforcement and should…

23.3.1102 SAFETY EQUIPMENT FOR ADULT CROSSING GUARDS Adults performing school crossing supervision shall wear high-visibility, retro reflective Class 2 safety apparel and use a STOP paddle in accordance with the sign manual adopted by the Department of Transportation. Authorizing…

23.3.1103 OPERATING PROCEDURES FOR ADULT CROSSING GUARDS Adult crossing guards shall not direct traffic or act in a manner similar to that used by a law enforcement officer at the scene of a crash or within an area of high-volume traffic. School crossing guards shall control only…

23.3.111 PROCEDURES AND STANDARDS FOR DRIVER'S EXAMINATION AND LICENSING Examiners shall follow the procedures and standards for the examination and licensing of drivers contained in ARM 23.3.112 through 23.3.126. Authorizing statute(s): Sec. 44-1-103 MCA Implementing statute(s):…

23.3.112 ORDER OF STEPS IN EXAMINING An examiner shall conduct the driver's examination in the following order: Ask preliminary questions and have applicant complete necessary forms. Give vision test. Give written (road signs and road rules) test. (Oral for illiterates.) If appli…

23.3.113 AGE STANDARDS The age standards for drivers are: Operator: Minimum age 16 years except as provided in sections 61-5-105(1) , 61-5-106, and 61-5-111(4) MCA. Applicants under 18 years of age must have signature of parents, husband, or wife over 18 years of age, guardian, o…

23.3.114 SIGNATURE OF APPLICANT The signature of the applicant must be entered on the line indicated (Signature of Applicant) . If an applicant cannot write he may make his mark. This is simply a cross on the application in the place of his signature. His name should be printed o…

23.3.115 CONSENT OF PARENTS OR GUARDIANS The motor vehicle division shall not issue an operator's license to any person under 18 years of age nor shall any road test be administered unless the application is signed and verified in either of the following alternative forms: Signin…

23.3.116 PAST DRIVING EXPERIENCE Examiners shall make every effort to obtain complete information on the applicant's past driving experience including experience in other states where the applicant has been licensed. If the applicant is over 18 years of age and indicates he has n…

23.3.117 STANDARDS FOR BODY DISABILITIES The following restrictions are recommended for applicants who are unable to pass the driving test without special equipment: Both hands or feet or one hand and one foot missing or useless: Pass, restricted to needed special equipment, or, …

23.3.118 VISION TEST The applicant must be tested for acuity, depth perception and color blindness. The vision test must be given on a Keystone Telebinocular or equivalent. The applicant may wear eyeglasses or contact lenses for the vision test. An applicant wearing telescopic le…

23.3.119 VISION STANDARDS If the applicant's uncorrected vision is 20/40 or better in each eye or both eyes together, and no medical problems affect the vision, the applicant may receive a driver's license without corrective lens restrictions. If the applicant's uncorrected visio…

23.3.120 HEARING STANDARDS If an applicant is deaf, wears a hearing aid, or is hard of hearing, the applicant's license must have a left outside rear-view mirror restriction. Authorizing statute(s): Sec. 44-1-103 MCA Implementing statute(s): 61-5-101 et seq. MCA History: Eff 12/3…

23.3.121 ROAD SIGNS AND ROAD RULES n order to be ascertain the meaning of standard warning and regulatory signs and understand what the driver should do upon approaching them; and successfully answer questions on highway laws and regulations, either orally or written. Illiterates…

23.3.122 ROAD TEST PREPARATION To make the road test fair to all applicants, and to assure uniformity in grading, the road test must be given over approved routes that must be as standardized as possible. There must be at least one such route at each examining station. In larger …

23.3.123 ROAD TEST An applicant may not under any circumstances take the test in a car assigned to an examiner. Unless an exception is appropriate, only the examiner and the applicant may be in the car during the test. Examples of situations where an exception is appropriate incl…

23.3.124 ROAD TEST DESCRIPTION AND SCORING For purposes of this rule: "ACC" means accident; "DA" means dangerous action; "LV" means law violation; "NC" means lack of cooperation; "TD" means more than permitted deductions; "VC" means vehicle condition; and "INC" means incomplete. …

23.3.125 INCOMPLETE EXAMINATION 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. The examination is incomplete, therefore, when it is discontinued for some…

23.3.126 TIME LIMIT ON SECOND AND SUBSEQUENT EXAMINATIONS A written examination may not be given to an applicant more than once in each day. A road test may not be given more than once in every seven days. Authorizing statute(s): Sec. 44-1-103, MCA Implementing statute(s): Sec. 6…

23.3.127 FULL LEGAL NAME, NAME COMBINATION AND LENGTH Except as provided in (3) , an applicant's full legal name is required on a driver's license application, including a renewal application, and on the license itself. For driver licensing and identification card purposes, an ap…

23.3.128 CHANGE OF NAME ON DRIVER RECORD When the holder of a Montana driver's license wants to change the full legal name on the department's driver record, the holder must make application for a name change and verify the legal change of full legal name by presenting one of the…

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 An applicant who has been issued a social security number will be required to provide it to the department upon a…

23.3.130 EVIDENCE OF MONTANA RESIDENCE ADDRESS 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 …

23.3.131 DOCUMENTING PROOF OF NAME, IDENTITY, AND DATE OF BIRTH FOR ORIGINAL DRIVER'S LICENSE APPLICATIONS Upon original application for a driver's license or identification card, the applicant must provide proof of identity, including full legal name and date of birth, by presen…

23.3.132 UNDERAGE APPLICATION AND LICENSE 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. Approval of a request for a restricted license by an underage ap…

23.3.133 WHO MUST BE LICENSED AS A CHAUFFEUR REPEALED Authorizing statute(s): Sec. 44-1-103, MCA Implementing statute(s): Sec. 61-1-312, MCA History: Eff. 12/31/72; REP, 1988 MAR p. 62, Eff. 1/15/88.

23.3.134 RESTRICTIONS OF HANDICAPPED DRIVERS The examiner may restrict the driver's license of a handicapped person to suit the handicap. Authorizing statute(s): Sec. 44-1-103, MCA Implementing statute(s): Sec. 61-5-113, MCA History: Eff. 12/31/72.

23.3.135 GRACE PERIOD FOR RENEWALS (REPEALED) Authorizing statute(s): 44-1-103, MCA Implementing statute(s): 61-5-113, MCA History: Eff. 12/31/72; AMD, Eff. 12/5/76; REP, 2023 MAR p. 766, Eff. 8/5/23.

23.3.136 TIME PERIOD FOR RENEWALS AND EXAMINATIONS 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 …

23.3.137 RENEWALS, TO TAKE TEST IF EXPIRED 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 …

23.3.138 APPLICATION FOR MINORS 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…

23.3.139 TEMPORARY LICENSES 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…

23.3.140 MAIL AND ONLINE RENEWALS A person may apply by mail or onlinefor the renewal of the license on a form prescribed by the department. Mail and online renewal applications must be submitted within the grace period prescribed in 61-5-111, MCA, and must be accompanied by the …

23.3.141 MILITARY PERSONS 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 foll…

23.3.142 DISHONORED CHECKS If a check drawn and remitted in payment of the driver's license fee is dishonored: the applicant is not entitled to the issuance of a driver's license, and the division shall cancel any license issued as a result of the dishonored check. If a check dra…

23.3.143 NATIONAL DRIVER REGISTRATION The motor vehicle division shall participate in the national driver register program. Authorizing statute(s): 61-5-401, MCA Implementing statute(s): 61-5-401, MCA History: Eff. 12/31/72.

23.3.144 EXAMINATION STATIONS Subject to physical limitations of individual examination stations, applicants taking the test are to be segregated from those not doing so. Authorizing statute(s): 44-1-103, MCA Implementing statute(s): 61-5-101 et seq. , MCA History: Eff. 12/31/72.…

23.3.145 EXAMINER'S DUTIES Duties of a driver examiner include but are not limited to the following: Be at the examination station punctually and keep the station open during the scheduled hours. Receive applications for driver's licenses and renewals. Provide applicants with the…

23.3.146 DRIVERS OF GOVERNMENT VEHICLES 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 veh…

23.3.147 IDENTIFICATION CARDS A person who is a Montana resident and who is not the holder of a valid Montana driver's licensemay apply for an identification card. A person who is the holder of a valid driver's license or identification card from a jurisdiction other than Montana…

23.3.148 RELEASE OF DRIVING RECORDS FOR CONSUMER REPORTS AND SINCLE USE RESTRICTION 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. When an authorized requestor pays a statuto…

23.3.149 DUPLICATE LICENSES 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 …

23.3.150 REJECTION OF DOCUMENTS; TRANSLATION OF FOREIGN-LANGUAGE DOCUMENTS 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, count…

23.3.151 PROCEDURES AND STANDARDS FOR MOTORCYCLE EXAMINATION AND LICENSING Examiners shall follow the procedures and standards for the examination and licensing of motorcyclists contained in ARM 23.3.152 through 23.3.160. Authorizing statute(s): Sec. 44-1-103, MCA Implementing st…

23.3.152 ORDER OF STEPS IN EXAMINATION An examiner shall conduct the motorcyclist's examination in the following order: Ask preliminary questions and have applicant complete necessary forms. Determine that applicant is currently licensed as a Montana operator or chauffeur. Give m…

23.3.153 MOTORCYCLE ENDORSEMENT INSTRUCTION PERMIT 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 inst…

23.3.154 MOTORCYCLE ENDORSEMENT WRITTEN EXAMINATION 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. Illiterates must be examined orally by having examiner s…

23.3.155 MOTORCYCLE ENDORSEMENT SKILL EXAMINATION Each applicant for a motorcycle endorsement must complete a "skill" examination as follows: Vehicle check and equipment identification. The following items must be checked at the beginning of each skill test. The applicant must de…

23.3.156 MOTORCYCLE ENDORSEMENT TRAFFIC EXAMINATION 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 reques…