Title 61, Title 61

The erection of a sign, emblem, marker, or traffic control device in violation of 61-8-203 is a misdemeanor, punishable by a fine of not less than $25 or more than $300.

(1) A person who maliciously injures, defaces, damages, or removes any sign, signal, or marker, either temporarily or permanently erected on the right-of-way of any secondary, state, or interstate highway for warning, instruction, or information of the public, is guilty of a misd…

(1) Except as provided in subsection (2), a person convicted of reckless driving under 61-8-301(1)(a) or (1)(b), convicted of reckless endangerment of a highway worker under 61-8-389, or convicted of reckless endangerment of emergency personnel or reckless endangerment of highway…

(1) A person who violates the provisions of 61-8-302 is guilty of the offense of careless driving and, except as provided in subsection (2), is punishable as provided in 61-8-711. (2) A person whose violation of the provisions of 61-8-302 results in the death or serious bodily in…

Any person convicted for violation of 61-8-308 shall be guilty of a misdemeanor and shall be punished by a fine of not less than $50 or more than $500 or by imprisonment in the county or city jail for not more than 6 months or by both such fine and imprisonment.

Any person or persons violating the provisions of 61-8-356 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 a…

A person who violates any of the provisions of 61-8-331(2) is guilty of a misdemeanor. Upon arrest and conviction, the person shall be punished by a fine of not less than $5 or more than $100.

A person under 18 years of age who is convicted of an offense under this title may not be punished by incarceration, but shall be punished by: (1) a fine not to exceed the fine that could be imposed on the person if the person were an adult, provided that the person may not be im…

A person convicted of a violation of 61-8-326 shall be punished upon conviction by imprisonment for a period of not more than 6 months or by a fine of not less than $50 or more than $500 or by both fine and imprisonment.

(1) A person shall be fined for violating the maximum speed limit in accordance with the following schedules: (a) for a violation of 61-8-303(1)(a): Amount of Fine MPH in Excess of Speed Limit $40 1 - 10 (daytime) 40 1 - 10 (nighttime) 70 11 - 20 120 21 - 30 200 31+ (b) for a vio…

(1) A person convicted of violating a special speed limit in a school zone imposed by a local authority pursuant to 61-8-310(1)(d) is guilty of a misdemeanor. Upon arrest and conviction, the person shall be punished by a fine of not less than double the penalty provided for the v…

(1) Except as provided in subsection (2), a person convicted of a violation of 61-8-502 is guilty of a misdemeanor and shall: (a) for a first conviction, be punished by a fine of not less than $25 or more than $100; (b) for a second conviction within 1 year after the first convic…

(1) The purpose of this part is to reduce the number of commercial motor vehicle accidents in Montana, to provide greater safety to the motoring public and others by establishing stringent criteria governing the operation of commercial motor vehicles, and to deny the privilege of…

(1) Upon receipt of a report of a major offense committed by a person who holds a commercial driver's license or a person required to have a commercial driver's license, the department shall suspend the person's commercial driver's license and disqualify the person from operating…

(1) If the department receives notice from a court or another licensing jurisdiction that a person holding or required to hold a commercial driver's license has been convicted of more than one serious traffic violation in separate incidents within a 3-year period, the department …

If the department receives information that a person who holds or is required to hold a commercial driver's license has been convicted of using a commercial or noncommercial motor vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a co…

(1) A person whose alcohol concentration is 0.04 or more while the person drives or is in actual physical control of a commercial motor vehicle is subject to the suspension of the person's commercial driver's license. The peace officer who determines that the person is operating …

(1) A person who operates a commercial motor vehicle upon the ways of this state open to the public is considered to have given consent to one or more tests of the person's blood, breath, or oral fluid for the purpose of determining a measured amount or detected presence of alcoh…

Tests required under this part must be administered as provided in 61-8-1019.

(1) Within 30 days after notice of the suspension and the right to a hearing has been given by the peace officer under 61-8-805 or 61-8-806, the person may file a petition to challenge the suspension in the district court in the county where the finding of 0.04 or more alcohol co…

(1) A person may not operate a commercial motor vehicle during any period in which the person, the commercial motor vehicle the person is operating, or the motor carrier operation is subject to an out-of-service order issued under state or federal authority. (2) A violation of th…

(1) The department shall suspend a person's commercial driver's license upon the report of a conviction of any of the following railroad crossing offenses or conduct: (a) for drivers who are not required to always stop: (i) failing to slow down and check that the tracks are clear…

A person whose commercial driver's license or commercial motor vehicle operating privilege is suspended under this part: (1) is not eligible for a restricted probationary driver's license that would permit operation of a commercial motor vehicle during the period of suspension; a…

(1) An employer may not knowingly allow, require, permit, or authorize a person to operate a commercial motor vehicle in the United States: (a) during any period in which the person's commercial driver's license has been suspended, revoked, or cancelled by a state, the person has…

A suspension or disqualification under this part commences either from the date of receipt by the department of a report of conviction from a court or another licensing jurisdiction or the day following the completion of a previously imposed period of suspension or disqualificati…

The department, upon receipt of a report of a conviction or a violation of any state or local law relating to motor vehicle traffic control, other than a parking violation, by a person who holds a commercial driver's license from another state or who is licensed in another state,…

If the department receives a conviction report that a person used a commercial motor vehicle in the commission of an offense under Title 45, chapter 5, part 7, or a similar law in another state or in the commission of a felony of trafficking of persons, the department shall revok…

This part may be cited as the "Montana Professional Tow Truck Act".

The legislature recognizes that: (1) wrecked, disabled, and abandoned motor vehicles on the public roadways create hazards that imperil lives and property and require expeditious removal; (2) officers investigating accidents on the public roadways need immediately available towin…

As used in this part, the following definitions apply: (1) "Boom" means an engineered structure that is either mechanically or hydraulically operated and that is capable of lifting and supporting an overhead, vertical load. (2) "Commercial tow truck operator" or "operator" means …

(1) A commercial tow truck operator may not operate for compensation upon the public roadways of this state unless the operator complies with the provisions of 61-8-906(1) and 61-8-907. (2) A commercial tow truck operator may not participate in the law enforcement rotation system…

(1) Commercial tow trucks are divided into the following five classes based on the manufacturer's rating: (a) Class A tow truck equipment must have a minimum manufacturer's boom or combined boom rating of 4 tons and must be mounted on a truck chassis with a minimum manufacturer's…

(1) Notwithstanding the provisions of 61-6-301, a commercial tow truck operator shall continuously provide: (a) insurance against loss resulting from liability imposed by law for bodily injury or death or damage to property caused by the maintenance or use of a commercial tow tru…

(1) The tow truck equipment of a commercial tow truck operator must have an annual safety inspection. A highway patrol officer, an employee of the department of transportation appointed as a peace officer in accordance with 61-12-201, or an inspector certified by the department s…

(1) The department shall establish and maintain an equitable rotation system among qualified tow truck operators that apply to the department in writing to be placed on the system and receive a letter of appointment under 61-8-920. The rotation system: (a) must be administered by…

A person who renders assistance in an emergency that is life-threatening to the occupant of a wrecked, disabled, or abandoned vehicle or that is creating an immediate hazard on a public roadway or who renders emergency assistance as directed by a law enforcement officer or other …

A commercial tow truck operator that violates a provision of this part is guilty of a misdemeanor and is subject to the penalty provided in 61-8-711.

The department shall adopt reasonable and necessary rules to administer the provisions of this part.

(1) The department shall establish a tow truck complaint resolution committee, and the attorney general shall appoint the members. Committee members serve 3-year terms, may serve more than one term, and must include: (a) two representatives of the tow truck industry, one from the…

(1) Within 15 days after the date that a wrecked or disabled vehicle is removed from a public roadway by a qualified tow truck operator at the request of a law enforcement officer under 61-8-908, the qualified tow truck operator shall send a certified letter to the vehicle owner …

(1) A commercial tow truck operator may not participate in the law enforcement rotation system provided for in 61-8-908 without a letter of appointment from the department. (2) The department may assign a letter of appointment to a commercial tow truck operator if the operator me…