Montana Code 61-5-133. First year restrictions on driver’s license issued to minor
61-5-133. First year restrictions on driver‘s license issued to minor. (1) A driver’s license issued to a person who is under 18 years of age is subject to the following restrictions for 1 year from the date of issuance of the license or until the person is 18 years of age, whichever occurs first:
Terms Used In Montana Code 61-5-133
- 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
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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
- 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
- Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
- 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
- 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
(a)A restricted licensee may not operate a motor vehicle, required by 61-9-409 to be equipped with seatbelts, unless each occupant of the motor vehicle is wearing a seatbelt, as defined in 61-13-102, or is properly restrained, as required under 61-9-420. The number of motor vehicle occupants may not exceed the number of seatbelts with which the motor vehicle is equipped.
(b)A restricted licensee may not operate a motor vehicle between the hours of 11 p.m. and 5 a.m. unless the restricted licensee is:
(i)accompanied by a licensed driver who is 18 years of age or older or, if the restricted licensee is operating a motorcycle, the restricted licensee is under the immediate and proximate visual supervision of a licensed driver who is 18 years of age or older and who is riding with the licensee and is operating a separate motorcycle or other motor vehicle;
(ii)driving to the restricted licensee’s place of employment from the restricted licensee’s residence, is returning to the restricted licensee’s residence from the restricted licensee’s place of employment, or is driving in the course and scope of employment;
(iii)driving from the restricted licensee’s residence to a school-sponsored event at a school attended by the restricted licensee, including any site for school-provided transportation to and from the event, or is returning from the event or site to the restricted licensee’s residence;
(iv)driving from the restricted licensee’s residence to an event sponsored by a religious organization or is returning from the event to the restricted licensee’s residence;
(v)driving for a purpose related to a medical emergency, fire emergency, or law enforcement-related emergency;
(vi)driving for the sole purpose of transporting farm or ranch products, machinery, or supplies within 150 miles of a farm or ranch headquarters;
(vii)an emancipated minor; or
(viii)driving under a specific authorization for a specific purpose from the restricted licensee’s parent or legal guardian. A peace officer may verify the authorization by contacting the parent or legal guardian.
(c)(i) For the first 6 months of the 1-year restriction period, a restricted licensee may not operate a motor vehicle with more than one passenger who is under 18 years of age unless:
(A)the restricted licensee is supervised by a licensed driver who is at least 18 years of age; or
(B)the additional passengers under 18 years of age are members of the restricted licensee’s family.
(ii)For the second 6 months of the 1-year restriction period, a restricted licensee may not operate a motor vehicle with more than three passengers who are under 18 years of age unless:
(A)the restricted licensee is supervised by a licensed driver who is at least 18 years of age; or
(B)the additional passengers under 18 years of age are members of the licensee’s family.
(iii)For the first 6 months of the 1-year restriction period, a restricted licensee may not operate a motorcycle with a passenger who is under 18 years of age.
(2)For purposes of this section, the term “restricted licensee” includes a person under 18 years of age who holds a motorcycle-only endorsement issued by the department and the term “motor vehicle” includes a motorcycle, except when otherwise noted.