Montana Administrative Code

23.3.121 ROAD SIGNS AND ROAD RULES (1) n order to be (a) ascertain the meaning of standard warning and regulatory signs and understand what the driver should do upon approaching them; and (b) successfully answer questions on highway laws and regulations, either orally or written.…

23.3.122 ROAD TEST PREPARATION (1) 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 lar…

23.3.123 ROAD TEST (1) An applicant may not under any circumstances take the test in a car assigned to an examiner. (2) 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 appropri…

23.3.124 ROAD TEST DESCRIPTION AND SCORING (1) For purposes of this rule: (a) "ACC" means accident; (b) "DA" means dangerous action; (c) "LV" means law violation; (d) "NC" means lack of cooperation; (e) "TD" means more than permitted deductions; (f) "VC" means vehicle condition; …

23.3.125 INCOMPLETE EXAMINATION (1) 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 …

23.3.126 TIME LIMIT ON SECOND AND SUBSEQUENT EXAMINATIONS (1) 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): Se…

23.3.127 FULL LEGAL NAME, NAME COMBINATION AND LENGTH (1) 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. (2) For driver licensing and identification card purpose…

23.3.128 CHANGE OF NAME ON DRIVER RECORD (1) 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…

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 (1) An applicant who has been issued a social security number will be required to provide it to the department up…

23.3.130 EVIDENCE OF MONTANA RESIDENCE ADDRESS (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 …

23.3.131 DOCUMENTING PROOF OF NAME, IDENTITY, AND DATE OF BIRTH FOR ORIGINAL DRIVER'S LICENSE APPLICATIONS (1) 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 pr…

23.3.132 UNDERAGE APPLICATION AND LICENSE (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 und…

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 (1) 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 (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 m…

23.3.137 RENEWALS, TO TAKE TEST IF EXPIRED (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 …

23.3.138 APPLICATION FOR MINORS (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 applica…

23.3.139 TEMPORARY LICENSES (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 lic…

23.3.140 MAIL AND ONLINE RENEWALS (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 accompanie…

23.3.141 MILITARY PERSONS (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 …

23.3.142 DISHONORED CHECKS (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. (2…

23.3.143 NATIONAL DRIVER REGISTRATION (1) 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 (1) 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…

23.3.145 EXAMINER'S DUTIES 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 …

23.3.146 DRIVERS OF GOVERNMENT VEHICLES (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…

23.3.147 IDENTIFICATION CARDS (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 tha…

23.3.148 RELEASE OF DRIVING RECORDS FOR CONSUMER REPORTS AND SINCLE USE RESTRICTION (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…

23.3.149 DUPLICATE LICENSES (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 sub…

23.3.150 REJECTION OF DOCUMENTS; TRANSLATION OF FOREIGN-LANGUAGE DOCUMENTS (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, c…

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: (1) Ask preliminary questions and have applicant complete necessary forms. (2) Determine that applicant is currently licensed as a Montana operator or chauffeur…

23.3.153 MOTORCYCLE ENDORSEMENT INSTRUCTION PERMIT (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 …

23.3.154 MOTORCYCLE ENDORSEMENT WRITTEN EXAMINATION (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 ex…

23.3.155 MOTORCYCLE ENDORSEMENT SKILL EXAMINATION 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 mus…

23.3.156 MOTORCYCLE ENDORSEMENT TRAFFIC EXAMINATION (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 re…

23.3.157 SKILL EXAMINATION DESCRIPTION AND SCORING 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 t…

23.3.158 TRAFFIC EXAMINATION DESCRIPTION AND SCORING 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 …

23.3.159 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. He must fail as soon as he demonstrates he is unable to pass. The examinat…

23.3.160 TIME LIMIT ON SECOND AND SUBSEQUENT EXAMINATIONS 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. Authorizing statute(s): Sec. 44-1-103 MCA Implementing statute(s): 6…

23.3.171 PURPOSE (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. Authorizing statute(s): 61-5-125, 61-5-128, MCA Implementing statute(s): 61-5-128, 61…

23.3.172 DEFINITIONS (1) "AAMVA" means the American Association of Motor Vehicle Administrators. (2) "Applicant" means any individual applying to the department for a Montana credential. (3) "Authorized presence" means an individual who is a U.S. citizen or who is a foreign natio…

23.3.173 DECLARATION (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. Authorizing statute(s): 61-5-125, 61-5-128, MCA Implementing statute(s): 61-5-128, 61-5-1…

23.3.174 SOURCE DOCUMENTS (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 f…

23.3.175 SOURCE DOCUMENT TRANSLATION PROCESS (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) …

23.3.176 TRANSLATOR REQUIREMENTS (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)…

23.3.177 PROOF OF NAME AND DATE OF BIRTH (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,…