Montana Code 61-13-103. Seatbelt use required — exceptions
61-13-103. Seatbelt use required — exceptions. (1) A driver may not operate a motor vehicle upon a highway of the state of Montana unless each occupant of a designated seating position is wearing a properly adjusted and fastened seatbelt or, if 61-9-420 applies, is properly restrained in a child safety restraint.
Terms Used In Montana Code 61-13-103
- Department: means the department of justice. See Montana Code 61-13-102
- Driver: means a person who drives or is in actual physical control of a vehicle. See Montana Code 61-1-101
- Highway: means the entire width between the boundary lines of each publicly maintained way when any part thereof is open to public use for vehicular travel. See Montana Code 61-13-102
- Motor vehicle: means a vehicle propelled by its own power and designed primarily to transport persons or property upon the highways of the state. See Montana Code 61-13-102
- Motor-driven cycle: means a motorcycle, including a motor scooter, with a motor that produces 5 horsepower or less. See Montana Code 61-1-101
- Motorcycle: means a motor vehicle that has a seat or saddle for the use of the operator and that is designated to travel on not more than three wheels in contact with the ground. See Montana Code 61-1-101
- Occupants: means the driver and passengers in a motor vehicle. See Montana Code 61-13-102
- Operator: means a person who is in actual physical control of a motor 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
- Seatbelt: means a system using a lap belt, a shoulder belt, or other belt or combination of belts installed in a motor vehicle to restrain occupants, which system conforms to federal motor vehicle safety standards. See Montana Code 61-13-102
- Special mobile equipment: means a vehicle not designed for the transportation of persons or property on the highways but incidentally operated or moved over the highways, including road construction or maintenance machinery, ditch-digging apparatus, and well-boring apparatus. See Montana Code 61-1-101
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- 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
- Vehicle: means a device in, on, or by which any person or property may be transported or drawn on a public highway, except devices moved by animal power or used exclusively on stationary rails or tracks. See Montana Code 61-1-101
(2)The provisions of this section do not apply to:
(a)an occupant of a motor vehicle who possesses a written statement from a licensed physician, licensed physician assistant, or advanced practice registered nurse, as defined in 37-8-102, that the occupant is unable to wear a seatbelt for medical reasons;
(b)an occupant of a motor vehicle in which all seatbelts are being used by other occupants;
(c)an operator of a motorcycle or a motor-driven cycle;
(d)an occupant of a vehicle licensed as special mobile equipment; or
(e)an occupant who makes frequent stops with a motor vehicle during official job duties and who may be exempted by the department.
(3)The department or its agent may not require a driver who may be in violation of this section to stop except:
(a)upon reasonable cause to believe that the driver has violated another traffic regulation or that the driver’s vehicle is unsafe or not equipped as required by law; or
(b)if a person in the vehicle who is under 6 years of age and weighs less than 60 pounds is not properly restrained under 61-9-420 or this section.