Title 61, Title 61

A person riding on any bicycle, coaster, moped, motorized scooter, roller skates, sled, or toy vehicle may not attach the conveyance or be attached to any vehicle on a roadway, but a bicycle trailer may be attached to a bicycle.

(1) A person may operate a bicycle on a roadway or a paved shoulder. Persons operating bicycles on a paved shoulder may ride two abreast. (2) A person operating a bicycle on a roadway at less than the normal speed of traffic shall ride in the right-hand lane of the roadway or a p…

A person operating a bicycle, moped, or motorized scooter may not carry any package, bundle, or article that prevents the person from keeping at least one hand on the handlebars.

(1) A bicycle, moped, or motorized scooter when in use at dawn, dusk, or nighttime must be equipped with: (a) a lamp on the front emitting a white light visible from a distance of at least 500 feet to the front. In lieu of a lamp affixed to the bicycle, moped, or motorized scoote…

(1) Subject to the provisions of subsection (3)(b), a person operating a bicycle, moped, or motorized scooter on and along a sidewalk or across a roadway on and along a crosswalk shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and…

(1) Bicycle, moped, or motorized scooter racing on a highway is prohibited except as authorized in this section. (2) Bicycle, moped, or motorized scooter racing on a highway is lawful when a racing event is approved by state or local authorities on any highway under their respect…

In every charge of a violation of any speed regulation in this chapter the complaint, and also the summons or notice to appear shall specify the speed at which the defendant is alleged to have driven, also the speed applicable within the district or at the location.

The speed of any motor vehicle may be measured by the use of radio microwaves or other electrical device. The results of such measurements shall be accepted as evidence of the speed of such motor vehicle in any court or legal proceedings where the speed of the motor vehicle is at…

(1) The driver of a motor vehicle may be arrested without a warrant under this section if the arresting officer is in uniform or displays the officer's badge of authority and has either: (a) observed the recording of the speed of the vehicle by radio microwaves or other electrica…

(1) The operator of a motor vehicle may not be arrested under 61-8-703 unless signs have been placed at or near the state line on the primary highway system, outside towns or cities having over 2,500 population, and outside county seats on the primary highways to indicate the leg…

(1) Whenever any police officer or highway patrol officer finds a vehicle standing upon a highway in violation of any of the provisions of 61-8-353 through 61-8-355, such officer or highway patrol officer is hereby authorized to move such vehicle or require the driver or other pe…

(1) An unauthorized sign, emblem, marker, or traffic control device or portion thereof encroaching into, over, or upon a right-of-way of a state highway or controlled-access highway is a public nuisance, and the department may remove it or cause it to be removed without notice an…

(1) Except as provided in subsections (2) and (3), a person convicted of or pleading guilty or no contest to an offense under 61-8-316 is guilty of a misdemeanor and shall be imprisoned for a term not to exceed 1 year or fined an amount not to exceed $2,000, or both. (2) A person…

(1) It is a misdemeanor for a person to violate any of the provisions of this chapter unless the violation is declared to be a felony. (2) Each person convicted of a misdemeanor for a violation of any of the provisions of this chapter for which another penalty is not provided sha…

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…