Montana Administrative Code

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: Judgment of conflicting traf…

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 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, 61-5-1…

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

23.3.173 DECLARATION 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, 61-5-129, …

23.3.174 SOURCE DOCUMENTS 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. All documents presented must be legible and unaltered from the …

23.3.175 SOURCE DOCUMENT TRANSLATION PROCESS All documents submitted to the department by the applicant must be in English or have been translated into English. The original and corresponding translated documents must be presented together at the time of application. All translat…

23.3.176 TRANSLATOR REQUIREMENTS A translator shall be: certified by the American Translators Association; 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; affiliated or a…

23.3.177 PROOF OF NAME AND DATE OF BIRTH 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: certified U.S. birth certificate; valid, unexpired U…

23.3.178 ESTABLISHMENT OF NAME The department shall use the full legal name as recorded on the presented primary source document, unless: the applicant submits one or more documents specified in ARM 23.3.190 verifying a name change; or the name has been truncated according to (2)…

23.3.179 ESTABLISHMENT OF NAME OTHER THAN THE NAME THAT APPEARS ON THE PRIMARY SOURCE DOCUMENT 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 ch…

23.3.180 SOCIAL SECURITY NUMBER Individuals who apply for a REAL ID compliant credential shall present their SSA card. If an SSA card is not available, the individual may present any of the following documents bearing the applicant's name and SSN: W-2 form; SSA-1099 form; non-SSA…

23.3.181 CHANGE TO NAME, DATE OF BIRTH, OR SOCIAL SECURITY NUMBER 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…

23.3.182 PROOF OF AUTHORIZED PRESENCE When applying for a REAL ID driver's license or identification card, each applicant shall present satisfactory evidence of authorized presence. It is satisfactory evidence of authorized presence when the applicant submits one of the following…

23.3.183 PROOF OF MONTANA RESIDENCY When applying for a REAL ID driver’s license or identification card, each applicant shall submit satisfactory evidence of Montana residency (physical address). If the applicant has a different mailing address than residency (physical address), …

23.3.184 EXCEPTION PROCESS 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. If an exception is necessary, an applicant shall request an exceptio…

23.3.185 DOCUMENT VERIFICATION REQUIREMENTS For foreign nationals, the department shall verify the authenticity of the document through the SAVE system or alternative methods approved by DHS. The department shall verify social security numbers with SSA or through another method a…

23.3.186 DENIAL OF APPLICATIONS The department may delay issuing a credential to verify any document presented by an applicant. The department shall deny an application if the applicant presents fraudulent or altered documents or commits any other fraud in the application process…

23.3.187 FULL FACIAL DIGITAL PHOTOGRAPH The department shall take a full facial photograph of the applicant and place it on the front of the credential. The applicant shall remove all head coverings. The applicant shall not wear eyewear that obstructs the iris or pupil of the eye…

23.3.188 FOREIGN NATIONAL WITH TEMPORARY AUTHORIZED PRESENCE 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. The department shall not issue a temporary or limited…

23.3.189 PROHIBITION AGAINST HOLDING MORE THAN ONE REAL ID CREDENTIAL 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. An individual may hold at the same time: a REAL ID dr…

23.3.190 SOURCE DOCUMENT RETENTION 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. The department must scan and retain the digital i…

23.3.201 DRIVER IMPROVEMENT COMMITTEE 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, susp…

23.3.202 DRIVER REHABILITATION POINT SYSTEM 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 REHABILITATIONPOINTS DESCRIPTION OF OFFENSE 0020 1…

23.3.203 PERSON ELIGIBLE FOR DRIVER REHABILITATION PROGRAM 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. A person whose license is suspended for any reason other than…

23.3.204 DRIVER REHABILITATION PROGRAM The Driver Rehabilitation Program must include but is not limited to: 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…

23.3.205 FEES FOR DRIVER REHABILITATION PROGRAM 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 p…

23.3.206 DISCRETIONARY ACTION AGAINST DRIVING PRIVILEGES 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…

23.3.207 EXAMINATIONS FAILED 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. Authorizing statute(s): Sec. 44…

23.3.208 REEXAMINATION ORDERED 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. Authorizing statute(s): Sec. 44-1-103 MCA Implementing statute(s): 61-5-207 MCA, Ef…

23.3.209 CANCELLATION FOR WITHDRAWAL OF CONSENT FOR A MINOR 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 conse…

23.3.210 DENIAL OF LICENSE DUE TO INCOMPETENCY OR ADDICTION 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, alcohol…

23.3.211 OTHER INFORMATION RESULTING IN CHANGE OF STATUS OF DRIVER'S LICENSE 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 medi…

23.3.212 ALTERED DRIVER'S LICENSE 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 i…

23.3.221 APPEAL DOES NOT ALTER REVOCATION 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 Authorizing statute(s): Sec. 44-1-103 MCA Implementing statute(s): 61-5-205 MCA,…

23.3.231 PROBATIONARY LICENSES The division may issue a restricted probationary license to any person whose driver's license or privilege to drive in Montana is subject to suspension or revocation when: the licensee is eligible for the Driver Rehabilitation Program under ARM 23.3…

23.3.232 RESTRICTIONS ON PROBATIONARY LICENSES The Division may restrict probationary licenses in the following manner: 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 emplo…

23.3.301 HIGHWAY PATROL APPLICANTS REPEALED Authorizing statute(s): 44-1-103 MCA Implementing statute(s): Sec. 44-1-102, 44-1-303(2), 44-1-401 MCA History: Eff. 12/31/72; REP, 1988 MAR p. 72, Eff. 1/15/88.

23.3.302 MINIMUM QUALIFICATIONS REPEALED Authorizing statute(s): Sec. 44-1-103 MCA Implementing statute(s): Sec. 44-1-102, 44-1-303(2), 44-1-401 MCA History: Eff. 12/31/72; AMD, Eff. 12/5/76; REP, 1988 MAR p. 72, Eff. 1/15/88.

23.3.303 APPLICATION REPEALED Authorizing statute(s): Sec. 44-1-103 MCA Implementing statute(s): Sec. 44-1-102, 44-1-303(2), 44-1-401 MCA History: Eff. 12/31/72; REP, 1988 MAR p. 72, Eff. 1/15/88.

23.3.304 PROCEDURE FOR SCREENING APPLICANTS REPEALED Authorizing statute(s): Sec. 44-1-103 MCA Implementing statute(s): Sec. 44-1-102, 44-1-303(2), 44-1-401 MCA History: Eff. 12/31/72; REP, 1988 MAR p. 72, Eff. 1/15/88.

23.3.305 PROCEDURE FOR INVESTIGATING APPLICANTS REPEALED Authorizing statute(s): Sec. 44-1-103 MCA Implementing statute(s): Sec. 44-1-102, 44-1-303(2), Eff. 44-1-401 MCA History: Eff. 12/31/72; REP, 1988 MAR p. 72, Eff. 1/15/88.

23.3.306 APPOINTMENTS TO SERVICE REPEALED Authorizing statute(s): Sec. 44-1-103 MCA Implementing statute(s): Sec. 44-1-102, 44-1-303(2), 44-1-401 MCA History: Eff. 12/31/72; AMD, Eff. 12/5/76; REP, 1988 MAR p. 72, Eff. 1/15/88.

23.3.307 INSTRUCTIONS TO MEDICAL EXAMINERS REPEALED Authorizing statute(s): Sec. 44-1-103 MCA Implementing statute(s): Sec. 44-1-102, 44-1-303(2), 44-1-401 MCA History: Eff. 12/31/72; AMD, Eff. 12/5/76; REP, 1988 MAR p. 72, Eff. 1/15/88.

23.3.311 REINSTATEMENT OF FORMER MEMBERS REPEALED Authorizing statute(s): Sec. 44-1-103 MCA Implementing statute(s): Sec. 44-1-102, 44-1-303(2), 44-1-401 MCA History: Eff. 12/31/72; REP, 1988 MAR p. 72, Eff. 1/15/88.

23.3.401 EMERGENCY VEHICLES 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 hav…

23.3.402 SPECIFIC AMBULANCE OR TOW CAR SERVICE REQUESTED 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 se…

23.3.403 OFFICER TO REQUEST AMBULANCE OR TOW CAR SERVICE The Highway Patrol officer shall call the nearest qualified tow car service whenever the owner and/or operator: is absent from the accident scene; is injured to the extent of being incapable of normal conversation; is impai…