Montana Code 61-5-105. Who may not be licensed
61-5-105. Who may not be licensed. The department may not issue a license under this chapter to a person:
Terms Used In Montana Code 61-5-105
- 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 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
- register: means the act or process of creating an electronic record, maintained by the department, of the assignment of a license plate or a set of license plates to and the issuance of a registration decal for a specific vehicle, the ownership of which has been established or is presumed in department records. 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
- 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
- Writing: includes printing. See Montana Code 1-1-203
(1)who is under 16 years of age unless:
(a)the person is at least 15 years of age and has passed a driver‘s education course approved by the department and the superintendent of public instruction; or
(b)the person is at least 13 years of age and, because of individual hardship, to be determined by the department, needs a restricted license;
(2)whose license or driving privilege is currently suspended, revoked, or canceled, except as provided in 61-5-232, or who is disqualified from operating a commercial motor vehicle in this or any state, as evidenced by an ineligible status report from the national driver register, established under 49 U.S.C. § 30302, or from the commercial driver’s license information system, established under 49 U.S.C. § 31309;
(3)who is addicted to the use of alcohol or narcotic drugs;
(4)who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who, at the time of application, has not been restored to competency by the methods provided by law;
(5)who is required by this chapter to take an examination;
(6)who has not deposited proof of financial responsibility when required under the provisions of chapter 6 of this title;
(7)who has any condition characterized by lapse of consciousness or control, either temporary or prolonged, that is or may become chronic. However, the department may, in its discretion, issue a license to an otherwise qualified person suffering from a condition if the afflicted person’s attending physician, licensed physician assistant, or advanced practice registered nurse, as defined in 37-8-102, attests in writing that the person’s condition has stabilized and would not be likely to interfere with that person’s ability to operate a motor vehicle safely and, if a commercial driver’s license is involved, the person is physically qualified to operate a commercial motor vehicle under applicable state or federal regulations.
(8)who lacks the functional ability, due to a physical or mental disability or limitation, to safely operate a motor vehicle on the highway;
(9)who is not a resident of or domiciled in Montana except as provided in 61-5-103(3); or
(10)whose presence in the United States is not authorized under federal law. When an applicant who is not a citizen of the United States applies for a driver’s license, the department shall verify that the applicant is lawfully present in the United States by using the federal systematic alien verification for entitlements program. The department may not accept a driver’s license issued by another state as proof that an applicant is lawfully present in the United States under federal law.