Title 23, Title 23

The owner of a vessel is liable for any injury or damage occasioned by the negligent operation of the vessel, whether the negligence consists of a violation of the provisions of the statutes of this state or neglecting to observe ordinary care and operation that the rules of the …

(1) The department is a criminal justice agency for the purpose of obtaining the technical assistance and support services provided by the board of crime control under the provisions of 44-7-101. Authorized officers of the department are granted peace officer status with the powe…

(1) Violations of any section of this part, except 23-2-526(3), unless otherwise specified, are a misdemeanor and shall be punishable by a fine of not less than $15 or more than $500 or by imprisonment for a term up to 6 months, or both. All fine and bond forfeitures, except thos…

(1) Except as provided in subsection (3), a motorboat or sailboat 12 feet in length or longer may not be operated upon the waters of the state unless a certificate of title has first been obtained from the department of justice in accordance with the laws of this state. (2) Unles…

(1) A motorboat on the waters of this state that is propelled by a motor or an engine of any description or a sailboat on the waters of this state must be properly numbered and display a valid registration decal. A person may not operate or give permission for the operation of an…

(1) The owner of each motorboat, sailboat, or personal watercraft requiring numbering by this state shall file an application for number in the office of the county treasurer in the county where the motorboat, sailboat, or personal watercraft is owned, on forms prepared and furni…

A motorboat or sailboat is not required to be numbered under this part if it is: (1) covered by a number in effect that has been assigned to it pursuant to federal law or a federally approved numbering system of another state if the motorboat or sailboat has not been within this …

(1) A Montana motorboat, sailboat, or personal watercraft numbered in accordance with the provisions of 23-2-512 must display a registration decal. For this purpose, the county treasurer, upon proof of payment of the registration fee as required by 61-3-321(10), shall issue a reg…

(1) Failure to pay the registration fee as provided for in 61-3-321(10) is a misdemeanor, punishable by a fine equal to four times the registration fee that is due on the motorboat, sailboat, personal watercraft, or motorized pontoon for the current year of registration. (2) All …

(1) Every motorboat or vessel must have aboard: (a) one personal flotation device that is approved by the United States coast guard and that is in good and serviceable condition for each person on board, provided that a person who has not reached 12 years of age must have a life …

(1) A person may not discharge or cause, permit, or allow to be discharged any garbage, refuse, waste, or sewage from any vessel into, upon, or near the waters at a stream, river, or lake within the boundaries of the state of Montana. (2) The department of environmental quality s…

(1) A person may not operate or knowingly permit a person to operate a motorboat or vessel or manipulate waterskis, a surfboard, or a similar device or other contrivance in a reckless or negligent manner so as to endanger the life, limb, or property of a person by: (a) engaging i…

(1) When two vessels are approaching each other "head on" or nearly so, each vessel shall bear to the right and pass the other vessel on its left side to avoid the risk of collision. (2) When vessels approach each other obliquely or at right angles, the vessel that has the other …

(1) A person may not anchor a vessel or place another obstacle on any body of water over which the state has jurisdiction in a position that obstructs a passageway ordinarily used by other vessels. (2) A person may not operate a pleasure vessel within 20 feet of the exterior boun…

(1) No vessel shall be loaded with passengers or cargo beyond its safe carrying capacity, taking into consideration weather and other normal operating conditions. (2) No vessel shall be equipped with any motor or other propulsion machinery beyond its safe power capacity, taking i…

(1) The operator of a vessel involved in a collision, accident, or other casualty, so far as the operator can do so without serious danger to the operator's own vessel, crew, and passengers, shall render to other persons affected by the collision, accident, or other casualty assi…

In accordance with any request duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the department pursuant to subsections (2) and (3) of 23-2-527, as amended, shall be transmitted to such official or agency of the…

(1) A person may not operate a motorboat or vessel on any waters of this state for the purpose of towing a person or persons on waterskis, a surfboard, or similar device unless the operator is accompanied by an observer. If the operator is 12 years of age or younger, there must b…

The department shall coordinate a statewide boat safety education program, including a home study testing program for motorboat operators.

In addition to applicable provisions in this part, a person may not operate a personal watercraft: (1) unless a person operating or riding on the vessel is wearing a United States coast guard approved type of personal flotation device; (2) if the vessel is equipped by the manufac…

A motorboat or vessel that fails to comply with the provisions of 23-2-521(3) may not be manufactured in Montana after April 29, 1991, and may not be sold or offered for sale in Montana after January 1, 1994.

(1) Funds allocated to the motorboat account must be used by the department to improve, operate, or maintain boating facilities. (2) The department may use the funds to match available federal funds to the extent possible.

(1) The department may in its discretion use available state funds and federal matching funds to contract with counties to implement designated parts of the state recreational boating safety program. If a county accepts a grant, the county shall agree to implement a program that …

(1) The inferences contained in 61-8-1002 apply to any criminal action or proceeding arising out of acts alleged to have been committed in violation of 23-2-523(2). (2) Evidence of any measured amount or detected presence of alcohol or drugs in a person at the time of the act all…

(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 …