Title 61, Title 61

Any owner or operator of a motortruck, truck tractor, trailer, semitrailer, bus, or automobile who violates any provision of this part is guilty of a misdemeanor and shall be punished by a fine of not more than $300 or by a sentence of not more than 60 days in the county jail or …

(1) The operator is subject to the penalties stated in 61-10-232 whenever the gross loaded weight of any trucks, truck tractor, trailer, or semitrailer operated upon any highway in this state exceeds the gross vehicle weight shown on: (a) the owner's certificate of registration a…

(1) If a person is convicted of an offense for which chapter 5 or chapter 8, part 8, makes mandatory the revocation of the driver's license or commercial driver's license of the person by the department, the court in which the conviction occurs shall require the surrender to it o…

(1) Except as provided in subsection (8), the department shall create and maintain a central database of electronic files that includes an individual Montana driving record for each person: (a) who has been issued a Montana driver's license; (b) who does not have a driver's licen…

Justices of the peace shall make available to the department records of cases which involve the state highway patrol as the department may request.

(1) Subject to the limitations of this section, the department shall, upon request, furnish a person the individual Montana driving record of a driver or licensee, containing the following data: (a) the driver's or licensee's name, driver's license number, and date of birth; (b) …

This part is predicated upon the belief and philosophy that innocent drivers and other innocent passengers and pedestrians have a constitutional right to live, free from fear of death or injury from habitual traffic offenders. Further, it is the purpose of this part to reduce the…

It is the legislative intent of this part to: (1) establish criteria and procedures by which persons who have demonstrated their apparent indifference for the safety and welfare of others and their disrespect for the laws of this state and its political subdivisions and their dis…

(1) As used in this part, the following definitions apply: (a) "Conviction" has the meaning provided in 61-5-213 resulting from a violation of traffic regulations on highways in this state or a traffic statute or traffic regulation in another jurisdiction. (b) "Habitual traffic o…

(1) If the records maintained by the department show that a person's driving record brings the person within the definition of a habitual traffic offender, the department shall: (a) declare the person a habitual traffic offender; (b) revoke the person's driver's license or drivin…

A copy of a driving record maintained by the department, including abstracts of the records of convictions and bond forfeitures in the custody of the department, certified in writing by the department to be a correct account of its records, may be admitted in evidence in a judici…

(1) A person declared to be a habitual traffic offender may file a petition in the district court in the county in which the person resides, or in Lewis and Clark County if the person is not a resident of the state, challenging the declaration and revocation. The petition must be…

After it declares a person to be a habitual offender, the department shall revoke the person's driver's license or driving privilege for a period of 3 years from the date of the declaration, subject to the provisions of 61-2-302. The department shall remove from the person's reco…

A person who has been declared to be a habitual traffic offender may not be issued a license to operate a motor vehicle in this state until: (1) a period of 3 years has elapsed from the date of the declaration, subject to the provisions of 61-2-302; (2) the person has met the req…

A person who is declared to be a habitual traffic offender under this part who operates a motor vehicle in this state during the period of revocation of the person's driver's license or driving privileges is guilty of a misdemeanor and upon conviction shall be imprisoned for a pe…

Nothing contained in this part shall be construed as to repeal, modify, or amend any other laws or parts of laws, or any existing ordinance of any political subdivision relating to the operation or licensing of motor vehicles, the licensing of persons to operate motor vehicles or…

This part may be cited as the "Montana Driver Privacy Protection Act".

The purpose of this part is to create a more restrictive state version of the federal prohibition on release and use of certain personal information from state motor vehicle records, found in 18 U.S.C. 2721, to protect an individual's privacy, consistent with the Montana constitu…

As used in this part, the following definitions apply: (1) "Disclose" means to engage in any practice or conduct that makes available or known, by means of any communication to another person, organization, or entity, personal information contained in a motor vehicle record. (2) …

The department may not disclose personal information from a motor vehicle record unless the disclosure is permitted or required, as provided in 61-11-507, 61-11-508, or 61-11-509.

Upon application, proof of the identity of a person requesting a record, and payment of the fees required in 61-11-510, the department shall disclose personal information, excluding highly restricted personal information, from a motor vehicle record for use in implementing federa…

(1) On application, proof of the identity of the person requesting a record, and payment of fees required in 61-11-510, the department may disclose personal information, including highly restricted personal information, from a motor vehicle record to: (a) the person who is the su…

Upon application, proof of the identity of the person requesting a record, and payment of the fees required in 61-11-510 and subject to the provisions of 61-11-105, the department may disclose personal information, excluding highly restricted personal information, from a motor ve…

(1) Prior to the disclosure of personal information or highly restricted personal information, as provided in 61-11-507, 61-11-508, or 61-11-509, the department shall require the requester to complete and submit an application, in a form prescribed by the department, identifying …

(1) A requester who receives personal information or highly restricted personal information pursuant to 61-11-507, 61-11-508, 61-11-509, or 61-11-510 may not sell or disclose the information, except for a use that is specifically permitted in 61-11-507, 61-11-508, or 61-11-509. (…

As used in this part, the following definitions apply: (1) "Event data recorder" has the meaning provided in 49 CFR 563.5 as in effect on October 1, 2011. (2) "Owner" means a person: (a) in whose name a motor vehicle is registered or titled; (b) who leases a motor vehicle for at …

Except as provided in 61-12-1004, the data on a motor vehicle event data recorder is exclusively owned by the owner or owners of the motor vehicle and may not be retrieved or used by any person other than an owner of the motor vehicle without the written consent of an owner.

(1) Data on a motor vehicle event data recorder does not become the property of a lienholder or insurer solely because the lienholder or insurer succeeds in ownership of a motor vehicle as a result of an accident. (2) An insurer may not condition the payment or settlement of an o…

(1) Data from a motor vehicle event data recorder may be retrieved or used without the consent of the owner: (a) if a court orders the production of the data pursuant to a valid search warrant; (b) to facilitate or determine the need for emergency medical care for the driver or p…

(1) The provisions of chapters 8 and 9 do not prevent local authorities with respect to sidewalks, streets, and highways under their jurisdiction and within the reasonable exercise of the police power from: (a) regulating the standing or parking of vehicles; (b) regulating the tr…

(1) As used in this section, the following definitions apply: (a) "Local government" means a municipality, if the private parking service operates parking services within a municipality, or a county, if the services are not operated within a municipality. (b) "Private parking ser…

(1) The director of transportation may appoint employees of the department as peace officers to carry out this part. The employees appointed may include only those employees of the department who are employed in the administration of the motor carrier services functions of the de…

(1) The department shall provide training as required to qualify employees to competently perform their duties under this part and shall adopt rules that are required and necessary for qualification of those employees as peace officers. (2) An employee may not make arrests until …

Qualified employees may make arrests throughout the state only when dressed in official uniform and displaying the official badge authorized by the department. Authorized employees may not carry firearms unless officially attired.

(1) Employees of the department engaged in the enforcement of this part shall wear and prominently display an identification badge or device with the employee's name and title shown on the identification badge or device. The department may authorize uniform dress for department e…

Employees of the department designated or appointed as peace officers under 61-10-154 or 61-12-201 may when officially dressed make reasonable inspections of vehicle registration receipts, department receipts and registrations, special permits, and other documents required to be …

Employees designated or appointed as peace officers under 61-10-154 or 61-12-201 may make arrests for violations of the following statutory provisions: (1) chapters 3 and 5 of this title, but only if the vehicle involved is subject to 61-10-141; (2) chapter 10 of this title; (3) …

Such employees of the department shall cooperate with other law enforcement agencies.

Employees designated or appointed as peace officers under 61-10-154 or 61-12-201, upon making an arrest, shall deliver to the offender a form of notice to appear, describing the nature of the offense, with instructions on the notice for the offender to report to the nearest justi…

As used in this part, unless the context requires otherwise, the following definitions apply: (1) "Agent" means a person who solicits the purchase of service contracts or transmits for another a service contract or application for a service contract to or from the company or who …

No company or any agent, as herein defined, doing business in this state shall execute, issue, or deliver any service contract to any person or persons owning or operating motor vehicles without first having obtained a license from the commissioner as provided for in this part, n…

(1) The commissioner may not issue a license to a company until the company has filed the following: (a) a formal application in the form and detail that the commissioner may require, executed under oath by its president or other principal officer; (b) a copy of the form of its c…

The commissioner may not grant a license to a company until it has deposited with the commissioner the sum of $25,000 in cash or in lieu thereof a bond in a form prescribed by the commissioner payable to the state of Montana in the sum of $25,000, with surety approved by the comm…

Subject to payment by January 1 of each year of the annual license fee required under 61-12-303, each license continues in force as long as the company is entitled to the license under this part or until the license is revoked, suspended, or otherwise terminated.

If the commissioner at any time for cause shown and after a hearing determines that a company has violated any provision of this part, that it is insolvent or that its assets are less than its liabilities, that it or its officers refuse to submit to an examination, that it is tra…

A company shall annually, on or before February 1 of each year, file with the commissioner a financial statement in the form and detail that the commissioner may prescribe, executed on oath by its president or other principal officer, showing its financial condition on December 3…