Title 23, Title 23

(1) In order for a motorized vessel exempt from registration in Montana pursuant to 61-3-321 or a nonmotorized vessel owned by a nonresident to launch on the waters of this state, the operator must possess an aquatic invasive species prevention pass purchased for the vessel, avai…

As used in this part, unless the context requires otherwise, the following definitions apply: (1) "Certificate of registration" means the owner's receipt evidencing payment of fees due in order for the snowmobile to be validly registered. (2) "Certificate of title" means the docu…

The reporting of stolen and recovered snowmobiles must be conducted in the same manner as the reporting of stolen and recovered motor vehicles provided for in 61-3-106.

(1) A snowmobile may not be operated upon any private or public lands, trails, easements, lakes, rivers, streams, roadways or shoulders of roadways, streets, or highways unless a certificate of title has first been obtained from the department of justice in accordance with the la…

(1) (a) The provisions of this part with respect to registration, registration decals, certificates of title, certificates of ownership, and winter trail passes do not apply to snowmobiles owned or used by the United States or another state or any agency or political subdivision …

(1) Except for a snowmobile registered under 23-2-621, a snowmobile may not be operated on public lands by any person unless it has been registered and a registration decal is displayed in a conspicuous place on the left side of the cowl. (2) (a) A Montana resident who owns a sno…

If a registration decal is lost, mutilated, or becomes illegible, the person to whom the registration decal was issued shall immediately make application for and may obtain a duplicate of the registration decal upon payment of a fee of $1 to the county treasurer.

(1) An owner of a snowmobile that is more than 25 years old and that is used solely as a collector's item and not for general recreational purposes may file with the county treasurer an application for the registration of the snowmobile. The application must be sworn to before an…

A snowmobile built or used exclusively for racing in sanctioned competitive events or organized races, including testing areas designated by the sponsoring entity, is exempt from the certificate of title requirements of 61-3-216 through 61-3-222 and registration under 23-2-616 or…

(1) A person may not operate a snowmobile upon a controlled-access highway or facility at any time. Snowmobile operation is permitted on the roadway or shoulder of any public road or highway, state highway, county road, or city street located within the boundaries of any municipa…

(1) It is unlawful for a person to operate a snowmobile on a public street, public highway, established snowmobile trail, public snowmobile area on public lands or waters, or lands or waters under easement or lease for snowmobiling and adjacent snowmobiling areas on private lands…

A person while operating a snowmobile may not: (1) use the snowmobile for the purpose of driving, rallying, or harassing game animals, game birds, or fur-bearing animals of the state or livestock, including ostriches, rheas, and emus. An owner of livestock is not prohibited from …

(1) Except as provided in this section, each snowmobile must be equipped at all times with noise-suppression devices, including an exhaust muffler in good working order and in constant operation. A snowmobile may not be modified by any person in any manner that will amplify or ot…

The owner or operator of a snowmobile that is involved in any accident, collision, or upset in which personal injury occurs to any person shall report the accident or occurrence to the nearest law enforcement agency. An accident involving personal injury or a fatality must be rep…

(1) (a) Except as provided in subsection (4), to be eligible to operate a snowmobile or a dog sled or to use motorized equipment or mechanical transport in snowmobile areas groomed with a grant or funding assistance awarded by the department, a person shall first purchase a winte…

(1) With respect to the sale of any new snowmobile that is subject to the provisions of this part, the attorney general shall, upon the request of the department, sue for the recovery of the penalties provided in 23-2-642 and bring an action for a restraining order or temporary o…

(1) The failure to display a current registration decal on a snowmobile is a misdemeanor, punishable by a fine in an amount equal to five times the applicable registration fee payable under 61-3-321. (2) A person who violates any other provision of this part or a rule adopted pur…

No political subdivision of this state may prescribe further licensing or registration of snowmobiles, and no political subdivision may levy fees or charges for use or operation of snowmobiles within the subdivision.

All fines and forfeitures collected under this part relating to snowmobiles, except those collected by a justice's court, must be transmitted to the state, as provided in 15-1-504, for deposit in the state general fund.

The legislature finds that snowmobiling is a major recreational sport and a major industry in this state and recognizes that among the attractions of the sport are risks, inherent and otherwise. The state has a legitimate interest in: (1) maintaining the economic viability of the…

(1) Consistent with the duty of reasonable care owed by a snowmobile area operator to a snowmobiler, the person responsible for the maintenance of or operation of a snowmobile area shall mark all trail maintenance vehicles and furnish the vehicles with flashing or rotating lights…

(1) A snowmobiler shall operate a snowmobile at all times in a manner that avoids injury to self and others and must be aware of the inherent risks in the sport of snowmobiling. (2) A snowmobiler shall: (a) know the range of the snowmobiler's ability and snowmobile safely within …

A person who engages in the business of renting snowmobiles to another shall: (1) maintain rental snowmobiles in a safe condition; and (2) offer each renter instructions in the mechanical operation of the rental snowmobile.

(1) Except as provided in subsection (2), the department of fish, wildlife, and parks shall comply with the provisions of Title 75, chapter 1, parts 1 and 2, when: (a) acting as a snowmobile area operator pursuant to this part; or (b) awarding a grant or other funding assistance …

As used in this part, the following definitions apply: (1) "Freestyle terrain" means terrain parks and terrain features, including but not limited to jumps, rails, fun boxes, half-pipes, quarter-pipes, and freestyle bump terrain, and any other constructed features. (2) "Inherent …

Passenger ropeways may not be construed to be common carriers or public utilities for the purposes of regulation within the meaning of the laws of the state of Montana.

(1) It is unlawful for a passenger riding or using a passenger ropeway to endanger the life and safety of other persons or cause damage to passenger ropeway equipment. (2) A person who purposely or knowingly violates this section is guilty of a misdemeanor.

The legislature finds that skiing is a major recreational sport and a major industry in the state and recognizes that among the attractions of the sport are the inherent dangers and risks of skiing. The state has a legitimate interest in maintaining the economic viability of the …

(1) Consistent with the duty of reasonable care owed by a ski area operator to a skier, a ski area operator shall: (a) mark all trail grooming vehicles by furnishing the vehicles with flashing or rotating lights that must be in operation whenever the vehicles are working or are i…

A ski area operator shall construct, operate, maintain, and repair any passenger ropeway. An operator has the duty of taking responsible actions to properly construct, operate, maintain, and repair a passenger ropeway in accordance with current standards.

A passenger may not: (1) board or disembark from a passenger ropeway except at an area designated for those purposes; (2) throw or expel any object from a passenger ropeway; (3) interfere with the running or operation of a passenger ropeway; (4) use a passenger ropeway unless the…

(1) A skier has the duty to ski at all times in a manner that avoids injury to the skier and others and to be aware of the inherent dangers and risks of skiing. (2) A skier: (a) shall know the range of the skier's ability and safely ski within the limits of that ability and the s…

(1) As used in this part, "off-highway vehicle" means a self-propelled vehicle used for recreation or cross-country travel on public lands, trails, easements, lakes, rivers, or streams. The term includes but is not limited to motorcycles, quadricycles, dune buggies, amphibious ve…

The provisions of this part do not apply to: (1) an off-highway vehicle owned or used by the United States or another state or an agency or political subdivision of the United States or another state; (2) an off-highway vehicle registered in an adjacent state of the United States…

(1) Except as provided in 23-2-802, an off-highway vehicle may not be operated by a person for off-road recreation on public lands in Montana unless there is displayed in a conspicuous place a decal, in a form prescribed by the department of justice and issued by the county treas…

(1) The department of fish, wildlife, and parks enforcement personnel, park rangers, sheriffs and their deputies, the Montana highway patrol, and the police of each municipality shall enforce the provisions of this part. (2) The department is a criminal justice agency for the pur…

(1) The failure to display a valid decal indicating that the fee in lieu of tax, registration fees, decal fees, and, when applicable, taxes on licensed vehicles have been paid on the off-highway vehicle, as provided in 23-2-804, is a misdemeanor punishable by a fine of $50. (2) A…

No political subdivision may prescribe further licensing or registration of off-highway vehicles, and no political subdivision may levy fees or charges for use or operation of off-highway vehicles within the subdivision.

If a decal required in 23-2-804 indicating that the off-highway vehicle fee has been paid is lost, mutilated, or becomes illegible, the person to whom it was issued shall immediately apply for and obtain a duplicate decal upon payment of a fee of $5 to the county treasurer, who s…

(1) Except as provided in 23-2-802, an off-highway vehicle that is owned by a nonresident may not be operated by a person in Montana unless a nonresident temporary-use permit is obtained. (2) The requirements pertaining to a nonresident temporary-use permit for an off-highway veh…

(1) Except as provided in subsection (2), an off-highway vehicle may make a direct crossing of a public road when the crossing is necessary to get to another authorized area of operation. The crossing must be made at an angle of approximately 90 degrees to the direction of traffi…

(1) An off-highway vehicle operator shall accept all legal responsibility for injury or damage of any kind to the extent that the injury or damage results from risks inherent in the sport of off-highway vehicle use and shall regulate personal conduct at all times so that injury t…

(1) A person may operate an off-highway vehicle on a controlled-access highway or facility only if the vehicle is registered and licensed under 61-3-301 and the operator possesses a license to drive the vehicle issued under Title 61, chapter 5. (2) Off-highway vehicle operation i…

(1) Money deposited in the off-highway vehicle account pursuant to 60-3-201 must be used by the department of fish, wildlife, and parks to administer an off-highway vehicle grant program to develop and maintain facilities open to the general public, to repair areas that are impac…

This part may be cited as "The Montana Cave Conservation Act".

As used in this part, the following definitions apply: (1) "Cave" means any geologically formed void or cavity beneath the surface of the earth or within a cliff or ledge, including but not limited to natural subsurface water and drainage systems, whether or not a natural entranc…