Montana Administrative Code

23.3.953 DEFINITIONS The following definitions apply throughout this chapter: "Certificate holder" means the manufacturer or vendor who the department has issued a certificate authorizing the use of a particular IID, or a manufacturer or vendor to install, service, calibrate, rem…

23.3.954 LOW BREATH VOLUME MEDICAL EXEMPTION An individual, manufacturer, or vendor may request to lower the minimum breath sample because a restricted driver has diminished lung capacity. Diminished capacity may be established through documentation submitted to the department by…

23.3.955 IGNITION INTERLOCK DEVICE CERTIFICATION The Motor Vehicle Division Administrator or designee must issue a certification of an ignition interlock device (IID) before that device is authorized to be installed pursuant to Montana Code Annotated and the Administrative Rules …

23.3.957 MANDATORY REQUIREMENTS FOR AN IGNITION INTERLOCK DEVICE An IID must meet the following requirements before it may be certified: Comply with all applicable standards set under the Model Specifications of the National Highway Traffic Safety Administration Model Specificati…

23.3.960 APPLICATION FOR CERTIFICATION FOR AN IGNITION INTERLOCK DEVICE A manufacturer must submit an application to the Motor Vehicle Division requesting a letter of certification for an IID. The manufacturer must: complete the application for certification for an IID; give the …

23.3.965 MANUFACTURER OR VENDOR CERTIFICATION AND INSPECTION A manufacturer or vendor must submit an application to the Motor Vehicle Division requesting a letter of manufacturer or vendor certification to repair, install, remove, or service a certified IID. The manufacturer or v…

23.3.970 MANUFACTURER, VENDOR, AND SERVICE CENTER INSPECTION A vendor or manufacturer must agree to allow access for Motor Vehicle Division employees or their designee to conduct an inspection of the manufacturer, vendor, or service center at any time during scheduled business ho…

23.3.974 MOTOR VEHICLE DIVISION ISSUANCE OR RENEWAL OF CERTIFICATION The Motor Vehicle Division administrator or designee is authorized to issue an IID, manufacturer, or vendor certification. The Motor Vehicle Division administrator or designee is authorized to renew a manufactur…

23.3.976 REVOCATION OR SURRENDER OF A CERTIFICATION The holder of a certification must send immediate notice to the Motor Vehicle Division if it is no longer in business or if it wishes to voluntarily relinquish its certification. The Motor Vehicle Division administrator or desig…

23.3.978 MODIFICATION TO A CERTIFIED IID A certificate holder must immediately notify the Motor Vehicle Division, in writing, of any material modification to a certified IID. A material modification is any addition or reduction in features, software version changes, configuration…

23.3.980 CERTIFIED IID INSTALLATION, MAINTENANCE, CALIBRATION, REMOVAL, AND REPORTS Each restricted driver must: have a certified IID installed in any vehicle they drive prior to the Motor Vehicle Division issuing them a probationary or restricted driving permit; submit the vehic…

23.3.984 ADDITIONAL REQUIREMENTS Notwithstanding other provisions of this chapter, each manufacturer of a certified IID, either on its own or through a vendor approved to do so by the manufacturer must: guarantee repair or replacement of a defective IID within the state of Montan…

23.3.990 REVIEW OF DENIAL, SUSPENSION, OR REVOCATION OF CERTIFICATION The administrator or designee may deny, suspend, or revoke a letter of certification for an IID, manufacturer, or vendor certification receiving evidence that any certificate holder has failed to comply or no l…

23.3.991 HEARING AND APPEAL Hearings under this chapter will be held pursuant to the Montana Administrative Procedure Act. Authorizing statute(s): 61-8-1025, MCA Implementing statute(s): 61-8-1025, MCA History: NEW, 2017 MAR p. 896, Eff. 1/1/18; AMD, 2023 MAR p. 411, Eff. 4/29/23…

23.3.992 IMPOSITION OF ADMINISTRATIVE FEE FOR ALCOHOL OR DRUG TEST REFUSAL Upon notification of a driver's refusal to submit to one or more alcohol or drug tests, the department shall impose an administrative fee. The administrative fee for each refusal is in addition to any othe…

23.3.993 PAYMENT A driver shall be otherwise eligible and pay the administrative fees owed before the department may reinstate a driver's license or privilege to drive. Authorizing statute(s): 61-8-1019, MCA Implementing statute(s): 61-8-1019, MCA History: NEW, 2018 MAR p. 1601, …

23.3.994 FEES DEPOSITED IN STATE SPECIAL REVENUE FUND All funds collected for the administrative fee shall be deposited in the blood-draw search warrant processing account in the state special revenue fund and shall be used to provide forensic analysis of a driver's blood to dete…

23.4.101 CERTIFICATION OF PERSONS AND/OR INSTALLATIONS REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehic…

23.4.102 DEFINITIONS REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p. 1560, Eff…

23.4.103 INITIAL CERTIFICATION REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR. p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p…

23.4.104 EXEMPTION OF CLINICAL AND HOSPITAL LABORATORIES REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: NEW, 1985 MAR p. 1560, Eff. 10/18/85; REP, 1988 MAR p. 275, Eff. 2/12/88.

23.4.105 REQUIREMENTS FOR CERTIFICATION OF PERSONS AND/OR INSTALLATIONS NOT EXEMPT FROM CERTIFICATION REQUIREMENTS REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: NEW, 1985 MAR p. 1560, Eff. 10/18/85; AMD, 1987 MAR p. 1…

23.4.106 TRAINING LEVELS REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p. 1560,…

23.4.107 CERTIFICATION APPLICATION FORMS REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1…

23.4.108 TESTS REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p. 1560, Eff. 10/1…

23.4.109 CERTIFICATE RECORDS REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p. 1…

23.4.110 RENEWAL OF CERTIFICATION REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR…

23.4.111 REPORT OF CHANGE OR DISCONTINUANCE REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division…

23.4.112 ACCESS TO PREMISES FOR INSPECTION REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division,…

23.4.113 SURVEYS AND PROFICIENCY TESTS REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 198…

23.4.114 SUSPENSION OR REVOCATION REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR…

23.4.115 TRAINING COURSE APPROVAL REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985, MA…

23.4.116 BREATH TEST RECORDS REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p. 1…

23.4.117 BLOOD AND URINE TEST RECORDS REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985…

23.4.118 REPORTING TEST RESULTS REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): . 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p. 1…

23.4.119 REQUIRED CERTIFICATION FOR BREATH ALCOHOL TESTING REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor V…

23.4.120 BIANNUAL INSPECTION REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: NEW, 1985 MAR p. 1560, Eff. 10/18/85; REP, 1987 MAR p. 16, Eff. 1/16/87.

23.4.121 OPERATOR SUPERVISOR REQUIRED REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: NEW, 1985 MAR p. 1560, Eff. 10/18/85; AMD, 1987 MAR p. 16, Eff. 1/16/87; REP, 1988 MAR p. 275, Eff. 2/12/88.

23.4.131 BLOOD SAMPLING REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p. 1560, …

23.4.132 URINE SAMPLING REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p. 1560, …

23.4.133 BREATH SAMPLING REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p. 1560,…

23.4.134 SAMPLING OF OTHER BODILY SUBSTANCES REPEALED Authorizing statute(s): Sec. 67-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Divisio…

23.4.135 BREATH-TESTING INSTRUMENTS REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 M…

23.4.136 OPERATION OF BREATH-TESTING DEVICES REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: NEW, 1985 MAR. p. 1560, Eff. 10/18/85; AMD, 1987 MAR p. 16, Eff. 1/16/87; REP, 1988 MAR p. 275, Eff. 2/12/88.

23.4.201 DEFINITIONS Unless the context requires otherwise, the following definitions apply to this subchapter: "Alcohol" means an organic hydrocarbon molecule which contains a hydroxyl (oxygen, hydrogen) as its primary functional group, such compounds to include such common alco…

23.4.202 CERTIFICATION (REPEALED) Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: NEW, 1988 MAR p. 275, Eff. 2/12/88; REP, 1991 MAR p. 1281, Eff. 7/26/91.

23.4.203 EXEMPTIONS The following are exempt from the certification required by this subchapter: all clinical and hospital laboratories under the direct supervision of a pathologist or certified medical technologist which are either licensed by the Montana Department of Health an…

23.4.204 SUSPENSION OR REVOCATION OF CERTIFICATION (REPEALED) Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: NEW, 1988 MAR p. 275, Eff. 2/12/88; REP, 1991 MAR p. 1281, Eff. 7/26/91.

23.4.205 TYPES OF BREATH-TESTING CERTIFICATION (REPEALED) Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: NEW, 1988 MAR p. 275, Eff. 2/12/88; REP, 1991 MAR p. 1281, Eff. 7/26/91.

23.4.206 RECERTIFICATION OF PERSONS PERFORMING BREATH TESTING (REPEALED) Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: NEW, 1988 MAR p. 275, Eff. 2/12/88; REP, 1991 MAR p. 1281, Eff. 7/26/91.