Montana Code 61-8-813. Suspension of commercial driver’s license — railroad crossing offenses
61-8-813. Suspension of commercial driver‘s license — railroad crossing offenses. (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:
Terms Used In Montana Code 61-8-813
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the department of justice acting directly or through its duly authorized officers or agents. See Montana Code 61-1-101
- Driver: means a person who drives or is in actual physical control of a vehicle. See Montana Code 61-1-101
- person: means an individual, corporation, partnership, limited partnership, limited liability company, association, joint venture, state agency, local government unit, another state government, the United States, a political subdivision of this or another state, or any other legal or commercial entity. See Montana Code 61-1-101
- Railroad: means a carrier of persons or property on cars, other than streetcars, operated on stationary rails. See Montana Code 61-1-101
- Suspension: means the temporary withdrawal by action of the department of a person's driver's license, privilege to drive a motor vehicle on the public highways, and privilege to apply for or be issued a driver's license for a period of time designated by law. See Montana Code 61-1-101
- Traffic: means pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances either singly or together while using any highways for purposes of travel. See Montana Code 61-1-101
- train: means a steam engine or electric or other motor, with or without cars coupled to the engine, that is operated on rails. See Montana Code 61-1-101
(a)for drivers who are not required to always stop:
(i)failing to slow down and check that the tracks are clear of an approaching train or other on-track equipment; or
(ii)failing to stop before reaching the crossing if the tracks are not clear;
(b)for drivers who are always required to stop, failing to stop before driving onto the crossing;
(c)for all drivers:
(i)failing to have sufficient space to drive completely through the crossing without stopping;
(ii)failing to obey a traffic control device or the directions of an enforcement official at the crossing; or
(iii)failing to negotiate a crossing because of insufficient undercarriage clearance.
(2)Upon receipt of a report of a conviction of any railroad crossing offense or conduct described in subsection (1), the following suspension periods must be imposed:
(a)60 days upon a first conviction;
(b)120 days upon a second conviction within a 3-year period; or
(c)1 year upon a third or subsequent conviction within a 3-year period.