Montana Administrative Code

23.3.181 CHANGE TO NAME, DATE OF BIRTH, OR SOCIAL SECURITY NUMBER (1) 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…

23.3.182 PROOF OF AUTHORIZED PRESENCE (1) When applying for a REAL ID driver's license or identification card, each applicant shall present satisfactory evidence of authorized presence. (2) It is satisfactory evidence of authorized presence when the applicant submits one of the f…

23.3.183 PROOF OF MONTANA RESIDENCY (1) When applying for a REAL ID driver’s license or identification card, each applicant shall submit satisfactory evidence of Montana residency (physical address). (2) If the applicant has a different mailing address than residency (physical ad…

23.3.184 EXCEPTION PROCESS (1) 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. (2) If an exception is necessary, an applicant shall request an …

23.3.185 DOCUMENT VERIFICATION REQUIREMENTS (1) For foreign nationals, the department shall verify the authenticity of the document through the SAVE system or alternative methods approved by DHS. (2) The department shall verify social security numbers with SSA or through another …

23.3.186 DENIAL OF APPLICATIONS (1) The department may delay issuing a credential to verify any document presented by an applicant. (2) The department shall deny an application if the applicant presents fraudulent or altered documents or commits any other fraud in the application…

23.3.187 FULL FACIAL DIGITAL PHOTOGRAPH (1) The department shall take a full facial photograph of the applicant and place it on the front of the credential. (a) The applicant shall remove all head coverings. (b) The applicant shall not wear eyewear that obstructs the iris or pupi…

23.3.188 FOREIGN NATIONAL WITH TEMPORARY AUTHORIZED PRESENCE (1) 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. (2) The department shall not issue a temporary or…

23.3.189 PROHIBITION AGAINST HOLDING MORE THAN ONE REAL ID CREDENTIAL (1) 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. (2) An individual may hold at the same time: (a) …

23.3.190 SOURCE DOCUMENT RETENTION (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 d…

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 (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 0…

23.3.203 PERSON ELIGIBLE FOR DRIVER REHABILITATION PROGRAM (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 ot…

23.3.204 DRIVER REHABILITATION PROGRAM 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 …

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 (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 …

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 (1) 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: (a) the licensee is eligible for the Driver Rehabilitation Program under …

23.3.232 RESTRICTIONS ON PROBATIONARY LICENSES (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 …

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: (1) is absent from the accident scene; (2) is injured to the extent of being incapable of normal conversation; …

23.3.404 QUALIFIED TOW CAR SERVICE 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 acces…

23.3.405 TOW CAR SERVICE ROTATION SYSTEM 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 serv…

23.3.406 ACCEPTING AUTOMOBILE CLUB CARDS IN LIEU OF BOND (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 …

23.3.407 ACCEPTING PERSONAL ITEMS IN LIEU OF BOND 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 amo…

23.3.408 POSTING BOND MONIES WITH COURT (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 collectio…

23.3.409 OUT-OF-STATE VIOLATORS 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 …

23.3.410 RECOMMENDATION FOR REEXAMINATION 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 disqua…

23.3.411 SURRENDER OF SUSPENDED, REVOKED OR CANCELLED DRIVERS LICENSE Persons refusing to surrender suspended, revoked or cancelled licenses on demand, should be issued a citation under section 61-5-302(4) MCA. Authorizing statute(s): Sec. 44-1-103 MCA Implementing statute(s): 61…

23.3.412 ABANDONED VEHICLES REPEALED Authorizing statute(s): Sec. 44-1-103 MCA Implementing statute(s): Sec. 61-8-705, 61-12-401 MCA History: Eff. 12/31/72; REP, 1988 MAR p. 72, Eff. 1/15/88.

23.3.413 AIRCRAFT LANDINGS REPEALED Authorizing statute(s): Sec. 44-1-103 MCA Implementing statute(s): Sec. 41-1-102 MCA History: Eff. 12/31/72; REP, 1988 MAR p. 72, Eff. 1/15/88.

23.3.414 CHEMICAL TEST RESULTS TO BE CONFIDENTIAL REPEALED Authorizing statute(s): Sec. 44-1-103 MCA Implementing statute(s): Sec. 61-8-402 MCA History: Eff. 12/31/72; REP, 1988 MAR p. 72, Eff. 1/15/88.