Title 61, Title 61

(1) The provisions of chapters 8 and 9 do not prevent local authorities with respect to sidewalks, streets, and highways under their jurisdiction and within the reasonable exercise of the police power from: (a) regulating the standing or parking of vehicles; (b) regulating the tr…

(1) As used in this section, the following definitions apply: (a) "Local government" means a municipality, if the private parking service operates parking services within a municipality, or a county, if the services are not operated within a municipality. (b) "Private parking ser…

(1) The director of transportation may appoint employees of the department as peace officers to carry out this part. The employees appointed may include only those employees of the department who are employed in the administration of the motor carrier services functions of the de…

(1) The department shall provide training as required to qualify employees to competently perform their duties under this part and shall adopt rules that are required and necessary for qualification of those employees as peace officers. (2) An employee may not make arrests until …

Qualified employees may make arrests throughout the state only when dressed in official uniform and displaying the official badge authorized by the department. Authorized employees may not carry firearms unless officially attired.

(1) Employees of the department engaged in the enforcement of this part shall wear and prominently display an identification badge or device with the employee's name and title shown on the identification badge or device. The department may authorize uniform dress for department e…

Employees of the department designated or appointed as peace officers under 61-10-154 or 61-12-201 may when officially dressed make reasonable inspections of vehicle registration receipts, department receipts and registrations, special permits, and other documents required to be …

Employees designated or appointed as peace officers under 61-10-154 or 61-12-201 may make arrests for violations of the following statutory provisions: (1) chapters 3 and 5 of this title, but only if the vehicle involved is subject to 61-10-141; (2) chapter 10 of this title; (3) …

Such employees of the department shall cooperate with other law enforcement agencies.

Employees designated or appointed as peace officers under 61-10-154 or 61-12-201, upon making an arrest, shall deliver to the offender a form of notice to appear, describing the nature of the offense, with instructions on the notice for the offender to report to the nearest justi…

As used in this part, unless the context requires otherwise, the following definitions apply: (1) "Agent" means a person who solicits the purchase of service contracts or transmits for another a service contract or application for a service contract to or from the company or who …

No company or any agent, as herein defined, doing business in this state shall execute, issue, or deliver any service contract to any person or persons owning or operating motor vehicles without first having obtained a license from the commissioner as provided for in this part, n…

(1) The commissioner may not issue a license to a company until the company has filed the following: (a) a formal application in the form and detail that the commissioner may require, executed under oath by its president or other principal officer; (b) a copy of the form of its c…

The commissioner may not grant a license to a company until it has deposited with the commissioner the sum of $25,000 in cash or in lieu thereof a bond in a form prescribed by the commissioner payable to the state of Montana in the sum of $25,000, with surety approved by the comm…

Subject to payment by January 1 of each year of the annual license fee required under 61-12-303, each license continues in force as long as the company is entitled to the license under this part or until the license is revoked, suspended, or otherwise terminated.

If the commissioner at any time for cause shown and after a hearing determines that a company has violated any provision of this part, that it is insolvent or that its assets are less than its liabilities, that it or its officers refuse to submit to an examination, that it is tra…

A company shall annually, on or before February 1 of each year, file with the commissioner a financial statement in the form and detail that the commissioner may prescribe, executed on oath by its president or other principal officer, showing its financial condition on December 3…

A service contract may not be executed, issued, or delivered in this state until a copy of the form of the contract has been on file for 30 days with the commissioner, unless before the expiration of 30 days the commissioner has approved the form in writing. A service contract ma…

Every service contract executed, issued, or delivered in this state shall be made in duplicate, and shall be signed by the company issuing the same, or by its duly authorized agent, and by the party purchasing the same, and one copy thereof shall be kept by said company, and the …

A motor club service contract may not be executed, issued, or delivered in this state unless it contains the following: (1) the name of the motor club service company; (2) the location of its home office, giving street number, city, and state; (3) a provision that the contract ma…

No person shall solicit or aid in the solicitation of another person to purchase a service contract issued by a company not duly licensed under this part.

No company and no officer or agent thereof shall orally or in writing misrepresent the terms, benefits, or privileges of any service contract issued or to be issued by it.

Any service contract made, issued, or delivered contrary to any provision of this part shall nevertheless be valid and binding on the company.

This part does not apply to: (1) a duly authorized attorney at law acting in the usual course of the profession; (2) an insurance company, bonding company, or surety company licensed and doing business as the licensed company under the laws of the state; or (3) a company or agent…

A person violating the provisions of this part is liable pursuant to 33-1-317.

(1) The following law enforcement agencies and department of fish, wildlife, and parks personnel may take into custody any vehicle found abandoned for a period of 48 hours or more on a public highway or for a period of 5 days or more on a city street, public property, or private …

(1) Within 72 hours after a vehicle is removed and held by or at the direction of the Montana highway patrol, the highway patrol shall notify the sheriff of the county or the chief of police of the city in which the vehicle is being stored of where and when the vehicle was taken …

The owner, lienholder, or person entitled to possession of the vehicle may reclaim it at any time after it is taken into custody and before it is sold. The owner, lienholder, or person entitled to possession of the vehicle shall present to the sheriff of the county or the city po…

(1) (a) Except as provided in subsection (1)(b), if a vehicle is not reclaimed, as provided in 61-12-403, within 30 days after notification by certified mail or prescribed publication, the sheriff of the county or the city police of the city in which the vehicle is being stored m…

(1) (a) If a vehicle is sold as provided in 61-12-404(1)(a) or (1)(b), the sheriff or the city police at the time of the payment of the purchase price shall execute a certificate of sale in duplicate and shall deliver the original certificate to the purchaser and retain the copy.…

The department shall issue a certificate of title upon presentation by the purchaser of the certificate of sale or upon presentation by the operator of a certificate of release and payment of the fees required by law.

(1) When any vehicle is sold as provided in 61-12-404, the sheriff or the city police shall transmit to the department and to the county treasurer or to the city treasurer, respectively, a return of sale setting forth a description of the vehicle, the purchase price, the name and…

Any person or persons violating the provisions of this part shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $25 or more than $300 or by imprisonment in the county jail for not less than 5 days or more than 90 days or by both fine …

(1) The department may issue an identification card to any person who provides acceptable documentation of Montana residency and whose presence in the United States is authorized under federal law. (2) On or after January 1, 2026, an identification card issued pursuant to this se…

The department shall include the word "veteran" on the face of an identification card if the requirements of 61-5-111(7) are met by the person applying for the identification card.

(1) On application for an identification card issued pursuant to this part, a fee of $16 must be collected and deposited in the general fund. The department may not collect a fee for an identification card from a former foster child who is under 21 years of age as provided in 52-…

All fines and forfeitures collected in any court, except a justice's court, for violation of the laws and regulations relating to the use of state highways and the operation of vehicles on state highways, if the apprehension or arrest was by a highway patrol officer, must be paid…

The court, after deducting all costs and fees, shall immediately transmit the balance of the fine to the state or county treasurer as provided by law. The expenses of the county, except fees of officers who are paid a regular salary, are a proper claim against the state or county…

(1) (a) Except as provided in subsection (1)(b), a rental vehicle entity that rents a rental vehicle equipped with a global positioning system or a satellite navigation system to a person in this state shall disclose in the rental agreement or a written addendum to the rental agr…

(1) (a) Except as provided in subsection (1)(b), a person may not engage in the business of buying, selling, exchanging, accepting on consignment, or acting as a broker of a manufactured home that is not titled in the person's name unless the person is the holder of a manufacture…