Montana Code 61-6-309. Law enforcement use of verification system
61-6-309. Law enforcement use of verification system. (1) Notwithstanding the requirements of 61-6-302, a peace officer or authorized employee of a law enforcement agency may, during the course of a traffic stop or accident investigation, access the verification system provided under 61-6-157 to verify whether a motor vehicle is covered by a valid motor vehicle liability policy that meets the requirements of 61-6-103 and 61-6-301.
Terms Used In Montana Code 61-6-309
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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
- Operator: means a person who is in actual physical control of a motor vehicle. See Montana Code 61-1-101
- Owner: means each person who holds the legal title to a vehicle. See Montana Code 61-1-101
- Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
- 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)(a) Except as provided in subsection (2)(b), the response received from the system supersedes an insurance card or electronic document showing proof of compliance with 61-6-301 produced or displayed by a vehicle owner or operator, and notwithstanding the display of an insurance card or electronic document by the owner or operator, the peace officer may issue a complaint and notice to appear to the owner or operator for a violation of 61-6-301 or 61-6-302.
(b)Subsection (2)(a) does not apply if the vehicle is:
(i)covered under a commercial automobile insurance coverage policy;
(ii)part of a self-insured fleet as provided in 61-6-143; or
(iii)included in an insurance binder, as allowed by 33-15-411, that has not been entered into the system at the time the system is accessed under subsection (1) of this section.
(3)Except upon reasonable cause to believe that a driver has violated another traffic regulation or that the driver’s vehicle is unsafe or not equipped as required by law, a peace officer may not use the verification system to stop a driver for operating a motor vehicle in violation of 61-6-301.