Title 61, Title 61

The department may not issue a license under this chapter to a person: (1) who is under 15 years of age unless the person is at least 13 years of age and, because of individual hardship, to be determined by the department, needs a restricted license; (2) whose license or driving …

(1) (a) The department may issue a learner license, which is valid for 1 year from the date of issuance, to a person satisfying the age requirements specified in 61-5-105(1) after the applicant has successfully passed the knowledge test and the vision examination, as provided in …

(1) Each application for a learner license, driver's license, commercial driver's license, or motorcycle endorsement must be made on a form furnished by the department. A voter registration form for mail registration as prescribed by the secretary of state must be attached to eac…

(1) The application of a person who is under 18 years of age for a learner license, driver's license, or medical assessment and rehabilitation driving permit must be signed and verified before a person authorized to administer oaths or an employee of the department by a parent of…

Any person who has signed the application of a minor for a license may thereafter file with the department a verified written request that the license of said minor so granted be canceled. Thereupon the department shall cancel the license of said minor and the person who signed t…

(1) Prior to examining an applicant for a driver's license, the department shall conduct a check of the applicant's driving record by querying the national driver register, established under 49 U.S.C. 30302, and the commercial driver's license information system, established unde…

(1) (a) The department may appoint county treasurers and other qualified officers to act as its agents for the sale of driver's license receipts. In areas in which the department provides driver licensing services 3 days or more a week, the department is responsible for sale of r…

The department is authorized to enter into reciprocal agreements with adjacent states that would allow certain drivers of vehicles transporting farm products, farm machinery, or farm supplies within 150 miles of a farm to operate without a commercial driver's license.

(1) If, upon an applicant's completion of the vision, knowledge, and skills tests required under 61-5-110, 61-5-111, and 61-5-207, the department determines that an applicant's ability to exercise ordinary and reasonable control in the safe operation of a motor vehicle on the hig…

(1) If a learner license or a driver's license issued under the provisions of this chapter is lost or destroyed or a person wants to update personal information contained on a learner license or a driver's license issued to the person, the person to whom the license was issued ma…

Whenever any person after applying for or receiving a driver's license moves from the address named in the application or in the issued license, the person shall within 10 days notify the department in writing or electronically by an approved automated interface of the old and ne…

(1) A licensee must have the licensee's driver's license in the licensee's immediate possession at all times when operating a motor vehicle and shall display the license upon demand of a justice of the peace, a city or municipal judge, a peace officer, a highway patrol officer, o…

(1) The department may contract with and certify the following as a third-party commercial driver testing program to administer the approved commercial driver skills test to a Montana commercial driver's license applicant: (a) any person, employer of commercial drivers, private d…

As used in this chapter, unless the context requires otherwise, "cancellation" means that a driver's license is annulled and terminated because of some error or defect or because the licensee is no longer entitled to the license. Except as provided in 61-5-201, the cancellation o…

(1) Upon the written request of a licensed physician, licensed physician assistant, or advanced practice registered nurse, as defined in 37-8-102, on a form prescribed by the department, the department may authorize a driver rehabilitation specialist to issue a temporary medical …

(1) Except as provided in subsection (3), the disposition of the fees from driver's licenses, motorcycle endorsements, commercial driver's licenses, and replacement driver's licenses provided for in 61-5-114 is as follows: (a) (i) If the fees are collected by a county treasurer o…

(1) The department may issue a low-speed restricted driver's license to a person who is physically or otherwise impaired in a manner and degree that prevent the person from safely operating a motor vehicle across the range of speeds permitted or required on a public highway. (2) …

(1) As used in this section, "current or former military service member" means a person: (a) honorably discharged from the armed forces of the United States; (b) currently serving in the armed forces of the United States; (c) serving in a reserve component, as defined in 37-1-138…

At the request of the director of the selective service system, provided for in 50 App. U.S.C. 460, the department shall provide a list of persons born in specified years who are holders of driver's licenses for the exclusive purpose of ensuring compliance with the military draft…

(1) On the second Monday of April of each year, the department shall submit to the office of court administrator a list, prepared from the department's databases of licensed drivers and holders of Montana identification cards, showing the name, address, and date of birth of all l…

(Temporary) Legislative direction to state agency to implement REAL ID Act. The state of Montana shall participate in the implementation of the REAL ID Act of 2005, Public Law 109-13. The department, including the motor vehicle division of the department, is directed to implement…

(Temporary) REAL ID-compliant driver's license or identification card -- voluntary application. (1) The department shall issue a Montana driver's license or identification card that complies with the requirements of the federal REAL ID Act of 2005, Public Law 109-13, to each qual…

The purpose of 61-5-131 through 61-5-135 is to create a graduated driver's licensing program that will allow persons under 18 years of age to progressively develop and improve their driving skills in the safest possible environment and that will improve highway safety by reducing…

(1) The department may issue a driver's license, subject to the restrictions of 61-5-133, to a person under 18 years of age if the person: (a) has held a learner license or traffic education permit for a period of not less than 6 months; (b) has passed a road test or a skills tes…

(1) A driver's license issued to a person who is under 18 years of age is subject to the following restrictions for 1 year from the date of issuance of the license or until the person is 18 years of age, whichever occurs first: (a) A restricted licensee may not operate a motor ve…

(1) A person whose driver's license is restricted under 61-5-133 may not operate a motor vehicle, including a motorcycle, in violation of a restriction imposed under that section. (2) A person convicted under this section shall be ordered to perform not less than 20 hours or more…

(1) The department, in consultation with the superintendent of public instruction, shall encourage schools providing traffic education to include in their traffic education curriculum information regarding the dangers of physical and cognitive distractions while driving. (2) To r…

(1) The department may not issue or renew a commercial driver's license unless the person applying for the license: (a) certifies to the department the status of operation or expected operation of the commercial motor vehicle as being either nonexcepted interstate commerce or exc…

(1) The department may not issue, transfer, or renew a hazardous materials endorsement for a person who holds a commercial driver's license unless it receives notice from the transportation security administration of the department of homeland security that: (a) the person does n…

(1) If the transportation security administration of the department of homeland security informs the department that a person does not meet the standards for the security threat assessment provided in 49 CFR, part 1572, the department shall revoke the person's hazardous materials…

At the request of an applicant and if the applicant expresses to the department a personal communication limitation or other medical information that would be relevant to a peace officer during a traffic stop or to first responders during an emergency, the department may include …

(1) The department of transportation: (a) shall develop and implement an entry-level driver training program, including theory and behind-the-wheel training, that complies with federal requirements for class A and class B commercial driver's licenses, excluding endorsements; (b) …

(1) The department may cancel a driver's license if it has reasonable grounds to believe that: (a) the licensee was not entitled to the issuance; (b) since the issuance, the licensee has become ineligible as determined pursuant to the provisions of 61-5-105; (c) the licensee fail…

The department upon receipt of satisfactory evidence of the death of the persons who signed the application of a minor for a license shall cancel such license and shall not issue a new license until such time as a new application, duly signed and verified, is made as required by …

(1) The privilege of driving a motor vehicle on the highways of this state given to a nonresident pursuant to 61-5-104(2) through (4) is subject to suspension or revocation by the department in like manner and for like causes as a driver's license issued under this chapter. (2) A…

The department may suspend or revoke the driver's license of any resident of this state or the privilege of a nonresident to drive a motor vehicle in this state upon receiving notice of the conviction of the person in another jurisdiction of an offense in that jurisdiction which,…

(1) The department shall revoke an individual's driver's license or driving privilege if the department receives notice from a court or another licensing jurisdiction that the individual has been convicted of any of the following offenses: (a) negligent homicide resulting from th…

(1) The department may suspend or revoke the driver's license or driving privilege of a driver without preliminary hearing upon a showing by its records or other sufficient evidence that the licensee: (a) has committed or permitted an unlawful or fraudulent use of the license as …

(1) If the department receives reliable evidence that a licensed driver lacks the ability to exercise ordinary and reasonable control in the safe operation of a motor vehicle on the highway, the department may, upon written notice of at least 5 days to the licensee, require the l…

(1) The department may not suspend or revoke a driver's license or privilege to drive a motor vehicle on the public highways, except as permitted by law. (2) (a) Except as provided in 44-4-1205 and 61-2-302 and except as otherwise provided in this section, a person whose license …

A resident or nonresident whose license or right or privilege to operate a motor vehicle or commercial motor vehicle in this state has been suspended or revoked as provided in this chapter may not operate a motor vehicle or commercial motor vehicle in this state under a license, …

A person denied a driver's license or whose license has been canceled, suspended, or revoked by the department except when the cancellation or revocation is mandatory under the provisions of this chapter may file a petition within 30 days after the denial, cancellation, suspensio…

(1) (a) A person commits the offense of driving a motor vehicle without statutory exemption or during a suspension or revocation period if the person drives: (i) a motor vehicle on any public highway of this state at a time when the person's privilege to drive or apply for and be…

For the purposes of parts 1 through 3 of this chapter, part 8 of chapter 8, chapter 11, and as it relates to any state or local law regulating the operation of a motor vehicle on highways or mandating the revocation or suspension of a driver's license or driving privilege, the te…

(1) The department shall suspend the driver's license or driving privilege of a person upon receipt of a report from the court, certified under penalty of law and in a form prescribed by the department, that the person: (a) failed to appear upon an issued complaint, summons, or c…

A provisional, restricted, or probationary license may not be issued upon a suspension under 61-5-214.