61-5-103. Residency requirement. (1) A person who has resided in Montana for more than 60 consecutive days is considered to be a resident for the purpose of being licensed to operate a motor vehicle and must be licensed under the laws of Montana before operating a motor vehicle.

Terms Used In Montana Code 61-5-103

  • Commercial motor vehicle: means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the vehicle:

    (i)has a gross combination weight rating or a gross combination weight of 26,001 pounds or more, whichever is greater, inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds;

    (ii)has a gross vehicle weight rating or a gross vehicle weight of 26,001 pounds or more, whichever is greater;

    (iii)is designed to transport at least 16 passengers, including the driver;

    (iv)is a school bus; or

    (v)is of any size and is used in the transportation of hazardous materials. See Montana Code 61-1-101

  • Department: means the department of justice acting directly or through its duly authorized officers or agents. See Montana Code 61-1-101
  • Domiciled: means a place where:

    (a)an individual establishes residence;

    (b)a business entity maintains its principal place of business;

    (c)the business entity's registered agent maintains an address; or

    (d)a business entity most frequently uses, dispatches, or controls a motor vehicle, trailer, semitrailer, or pole trailer that it owns or leases. 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
  • Motor carrier: means a person or corporation or its lessees, trustees, or receivers appointed by a court that are operating motor vehicles on a public highway in this state for the transportation of property for hire on a commercial basis. See Montana Code 61-1-101
  • Motor vehicle: means :

    (i)a vehicle propelled by its own power and designed or used to transport persons or property on the highways of the state;

    (ii)a quadricycle if it is equipped for use on the highways as prescribed in chapter 9; or

    (iii)a golf cart only if it is equipped for use on the highways as prescribed in chapter 9 and is operated pursuant to 61-8-391 or by a person with a low-speed restricted driver's license. 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
  • 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
  • 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)A person who has resided in Montana for more than 30 consecutive days:

(a)is considered to be a resident for the purpose of being licensed to operate a commercial motor vehicle; and

(b)must be licensed under the laws of Montana before operating any commercial motor vehicle.

(3)The department may issue a commercial driver‘s license to a person who is not a resident of Montana or domiciled in Montana only if:

(a)the person is domiciled in a foreign country with commercial driver’s license standards, as determined by the federal motor carrier safety administration of the department of transportation, that are not similar to the testing and licensing standards provided in 49 CFR, part 383, subparts F, G, and H; or

(b)the person is domiciled in a state that is prohibited by the federal motor carrier safety administration from issuing commercial driver’s licenses under 49 C.F.R. § 384.405.