Sections
Part 1 General Provisions § 61-8-101 – § 61-8-112
Part 2 Traffic Control Devices § 61-8-201 – § 61-8-212
Part 3 Vehicle Operating Requirements § 61-8-301 – § 61-8-391
Part 4 Driving Under Influence of Alcohol or Drugs § 61-8-401 – § 61-8-465
Part 5 Pedestrian Traffic § 61-8-501 – § 61-8-517
Part 6 Bicycle Traffic § 61-8-601 – § 61-8-609
Part 7 Enforcement — Penalties § 61-8-701 – § 61-8-741
Part 8 Commercial Motor Vehicle Safety § 61-8-801 – § 61-8-817
Part 9 Professional Tow Trucks § 61-8-901 – § 61-8-920

Terms Used In Montana Code > Title 61 > Chapter 8

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Authorized emergency vehicle: means a vehicle of a governmental fire agency organized under Title 7, chapter 33, an ambulance, or an emergency vehicle designated or authorized by the department. See Montana Code 61-8-102
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bicycle: means a vehicle propelled solely by human power on which any person may ride, irrespective of the number of wheels, except scooters, wheelchairs, and similar devices. See Montana Code 61-8-102
  • Bicycle trailer: means a device with one or more wheels that is designed to be towed by a bicycle. See Montana Code 61-8-102
  • Boom: means an engineered structure that is either mechanically or hydraulically operated and that is capable of lifting and supporting an overhead, vertical load. See Montana Code 61-8-903
  • Bus: means a motor vehicle designed for carrying more than 10 passengers and used for the transportation of persons and any other motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. See Montana Code 61-1-101
  • Business district: means the territory contiguous to and including a highway when within any 600 feet along a highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, office buildings, railroad stations, and public buildings that occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the highway. See Montana Code 61-8-102
  • Business entity: means a corporation, association, partnership, limited liability partnership, limited liability company, or other legal entity recognized under state law. See Montana Code 61-1-101
  • Camper: means a structure designed to be mounted in the cargo area of a truck or attached to an incomplete vehicle for the purpose of providing shelter for persons. See Montana Code 61-1-101
  • Certificate of title: means the paper record issued by the department or by the appropriate agency of another jurisdiction that establishes a verifiable record of ownership between an identified person or persons and the motor vehicle specifically described in the record and that provides notice of a perfected security interest in the motor vehicle. See Montana Code 61-1-101
  • 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

  • Commission: means the state transportation commission. See Montana Code 61-1-101
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Controlled-access highway: means a highway, street, or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the highway, street, or roadway except at the points and in the manner as determined by the public authority having jurisdiction over the highway, street, or roadway. See Montana Code 61-8-102
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Crosswalk: means :

    (i) that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway; or

    (ii) any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrians crossing by lines or other markings on the surface. See Montana Code 61-8-102

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of justice acting directly or through its duly authorized officers or agents. See Montana Code 61-1-101
  • Department: means the department of justice provided for in 2-15-2001. See Montana Code 61-8-903
  • Dependent: A person dependent for support upon another.
  • Docket: A log containing brief entries of court proceedings.
  • Downgrade: means the removal of a person's privilege to operate a commercial motor vehicle, as maintained by the department on the individual Montana driving record and the CDLIS driver record for that person. 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
  • driveway: means a way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons. See Montana Code 61-8-102
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Flag person: means a person who directs, controls, or alters the normal flow of vehicular traffic on a street or highway as a result of a vehicular traffic hazard then present on that street or highway. See Montana Code 61-8-102
  • For hire: means an action performed for remuneration of any kind, whether paid or promised, either directly or indirectly, or received or obtained through leasing, brokering, or buy-and-sell arrangements from which a remuneration is obtained or derived for transportation service. See Montana Code 61-1-101
  • Golf cart: means a motor vehicle that is designed for use on a golf course to carry a person or persons and golf equipment and that has an average speed of less than 15 miles per hour. See Montana Code 61-1-101
  • Gross vehicle weight: means the weight of a vehicle without load plus the weight of any load on the vehicle. See Montana Code 61-1-101
  • Highway: has the meaning provided in 61-1-101, but includes ways that have been or are later dedicated to public use. See Montana Code 61-8-102
  • Highway patrol officer: means a state officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. See Montana Code 61-1-101
  • housetrailer: has the meaning provided in 15-24-201. See Montana Code 61-1-101
  • Ignition interlock device: means ignition equipment that:

    (i) analyzes the breath to determine blood alcohol concentration;

    (ii) is approved by the department pursuant to 61-8-441; and

    (iii) is designed to prevent a motor vehicle from being operated by a person who has consumed a specific amount of an alcoholic beverage. See Montana Code 61-8-102

  • Intersection: means the area embraced within the prolongation or connection of the lateral curb lines or if there are no curb lines then the lateral boundary lines of the roadways of two highways that join one another at or approximately at right angles or the area within which vehicles traveling on different highways joining at any other angle may come in conflict. See Montana Code 61-8-102
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
  • Laned roadway: means a roadway that is divided into two or more clearly marked lanes for vehicular traffic. See Montana Code 61-8-102
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Letter of appointment: means a letter granted by the department pursuant to 61-8-920 that authorizes the holder to participate in the law enforcement rotation system provided for in 61-8-908. See Montana Code 61-8-903
  • Local authorities: means every county, municipal, and other local board or body having authority to enact laws relating to traffic under the constitution and laws of this state. See Montana Code 61-8-102
  • Local government: means a county, a municipality, or other local board or body that has authority to enact laws relating to traffic. See Montana Code 61-8-903
  • Low-speed electric vehicle: means a motor vehicle, on or by which a person may be transported, that:

    (a) has four wheels;

    (b) has a maximum speed of at least 20 miles an hour and no greater than 40 miles an hour as certified by the manufacturer;

    (c) is propelled by its own power, using an electric motor or other device that transforms stored electrical energy into the motion of the vehicle;

    (d) stores electricity in batteries, ultracapacitors, or similar devices, which are charged from the power grid or from renewable electrical energy sources;

    (e) has a wheelbase of 40 inches or greater and a wheel diameter of 10 inches or greater;

    (f) exhibits a manufacturer's compliance with 49 CFR, part 565, or displays a 17-character vehicle identification number as provided in 49 CFR, part 565; and

    (g) is equipped as provided in 61-9-432. See Montana Code 61-1-101

  • Majority party: means the party with the most members in a house of the legislature, subject to subsection (2). See Montana Code 1-1-208
  • Manufacturer: includes any person engaged in the manufacture of motor vehicles, trailers, semitrailers, pole trailers, travel trailers, motorboats, sailboats, snowmobiles, or off-highway vehicles as a regular business. See Montana Code 61-1-101
  • Medium-speed electric vehicle: is a motor vehicle, on or by which a person may be transported, that:

    (i) has a maximum speed of 45 miles an hour as certified by the manufacturer;

    (ii) is propelled by its own power, using an electric motor or other device that transforms stored electrical energy into the motion of the vehicle;

    (iii) stores electricity in batteries, ultracapacitors, or similar devices, which are charged from the power grid or from renewable electrical energy sources;

    (iv) is fully enclosed and includes at least one door for entry;

    (v) has a wheelbase of 40 inches or greater and a wheel diameter of 10 inches or greater;

    (vi) exhibits a manufacturer's compliance with 49 CFR, part 565, or displays a 17-character vehicle identification number as provided in 49 CFR, part 565;

    (vii) bears a sticker, affixed by the manufacturer or dealer, on the left side of the rear window that indicates the vehicle's maximum speed rating; and

    (viii) as certified by the manufacturer, is equipped as provided in 61-9-432. See Montana Code 61-1-101

  • Minority party: means the party with the second most members in a house of the legislature, subject to subsection (2). See Montana Code 1-1-208
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Moped: means a vehicle equipped with two or three wheels, foot pedals to permit muscular propulsion, and an independent power source providing a maximum of 2 brake horsepower. See Montana Code 61-8-102
  • 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 home: means a motor vehicle:

    (a) designed to provide temporary living quarters, built as an integral part of or permanently attached to a self-propelled motor vehicle chassis or van;

    (b) containing permanently installed independent life support systems that meet the ANSIA/A119. 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

  • 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
  • Motorized nonstandard vehicle: means a vehicle, on or by which a person may be transported, that:

    (i) is propelled by its own power, using an internal combustion engine or an electric motor;

    (ii) has a wheelbase of less than 40 inches and a wheel diameter of less than 10 inches; and

    (iii) does not display a manufacturer's certification in accordance with 49 CFR, part 567, or have a 17-character vehicle identification number assigned by the manufacturer in accordance with 49 CFR, part 565. See Montana Code 61-1-101

  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • noncommercial vehicle: means any motor vehicle or combination of motor vehicles that is not included in the definition of commercial motor vehicle in 61-1-101 and includes but is not limited to the vehicles listed in 61-1-101(9)(b). See Montana Code 61-8-102
  • Nonresident: means a person who is not a Montana resident. See Montana Code 61-1-101
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Off-highway vehicle: means a self-propelled vehicle designed for recreation or cross-country travel on public lands, trails, easements, lakes, rivers, or streams. See Montana Code 61-1-101
  • Official traffic control devices: means all signs, signals, markings, and devices not inconsistent with this title that are placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic. See Montana Code 61-8-102
  • Operator: means a person who is in actual physical control of a motor vehicle. See Montana Code 61-1-101
  • operator: means an individual, partnership, corporation, or other business entity that owns or operates a commercial tow truck as defined in 61-9-416. See Montana Code 61-8-903
  • Owner: means a person who holds the legal title to a vehicle. See Montana Code 61-1-101
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
  • Pedestrian: means any person on foot or any person in a manually or mechanically propelled wheelchair or other low-powered, mechanically propelled vehicle designed specifically for use by a physically disabled person. See Montana Code 61-8-102
  • 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
  • Police officer: means an officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. See Montana Code 61-1-101
  • Police vehicle: means a vehicle used in the service of any law enforcement agency. See Montana Code 61-8-102
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Property: means real and personal property. See Montana Code 1-1-205
  • public highway: means the entire width between the boundary lines of every publicly maintained way when any part of the publicly maintained way is open to the use of the public for purposes of vehicular travel. See Montana Code 61-1-101
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Quadricycle: means a four-wheeled motor vehicle, designed for on-road or off-road use, having a seat or saddle on which the operator sits. See Montana Code 61-1-101
  • Qualified tow truck operator: means a commercial tow truck operator:

    (i) that has equipment that:

    (A) meets the requirements of 61-8-906, 61-8-907, and 61-9-416; and

    (B) has been classified in accordance with 61-8-905;

    (ii) that participates in the law enforcement rotation system provided for in 61-8-908;

    (iii) that meets the requirements of subsection (6)(b); and

    (iv) that has been issued a letter of appointment pursuant to 61-8-920. See Montana Code 61-8-903

  • Railroad: means a carrier of persons or property on cars, other than streetcars, operated on stationary rails. See Montana Code 61-1-101
  • Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Residence district: means the territory contiguous to and including a highway not comprising a business district when the property on the highway for a distance of 300 feet or more is primarily improved with residences or residences and buildings in use for business. See Montana Code 61-8-102
  • Revocation: means the termination by action of the department of a person's driver's license, privilege to drive a motor vehicle on the public highways, and privilege to apply for and be issued a driver's license for a period of time designated by law, during which the license or privilege may not be renewed, restored, or exercised. See Montana Code 61-1-101
  • Right-of-way: means the privilege of the immediate use of the roadway. See Montana Code 61-8-102
  • Roadway: means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. See Montana Code 61-1-101
  • Roadway: means the portion of a highway that is improved, designed, or ordinarily used for vehicular travel, including the paved shoulder. See Montana Code 61-8-102
  • Rotation area: means the base area where a qualified tow truck operator is dispatched and operates. See Montana Code 61-8-903
  • school bus: has the meaning provided in 49 CFR 383. See Montana Code 61-1-101
  • School bus: has the meaning provided in 20-10-101. See Montana Code 61-8-102
  • School zone: means an area near a school beginning at the school's front door, encompassing the campus and school property, and including the streets directly adjacent to the school property and for as many blocks surrounding the school as determined by the local authority establishing a special speed limit under 61-8-310(1)(d). See Montana Code 61-1-101
  • Sell: means to transfer ownership from one person to another person or from a dealer to another person for consideration. See Montana Code 61-1-101
  • Semitrailer: means a vehicle, with or without motive power, other than a pole trailer, designed for carrying property and for being drawn by a motor vehicle and constructed so that some part of its weight and that of its load rests on or is carried by another vehicle. See Montana Code 61-1-101
  • Sidewalk: means the portion of a street that is between the curb lines or the lateral lines of a roadway and the adjacent property lines and that is intended for use by pedestrians. See Montana Code 61-8-102
  • 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
  • Statute: A law passed by a legislature.
  • Street: means the entire width between the boundary lines of every publicly maintained way when any part of the publicly maintained way is open to the use of the public for purposes of vehicular travel. See Montana Code 61-1-101
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Suspension: means the temporary withdrawal by action of the department of a person's driver's license, privilege to drive a motor vehicle on the public highways, and privilege to apply for or be issued a driver's license for a period of time designated by law. See Montana Code 61-1-101
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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
  • Traffic control signal: means a device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed. See Montana Code 61-8-102
  • Trailer: means a vehicle, with or without motive power, other than a pole trailer, designed for carrying property and for being drawn by a motor vehicle and constructed so that no part of its weight rests on the towing vehicle. See Montana Code 61-1-101
  • train: means a steam engine or electric or other motor, with or without cars coupled to the engine, that is operated on rails. See Montana Code 61-1-101
  • Travel trailer: means a vehicle:

    (a) that is 40 feet or less in length;

    (b) that is of a size or weight that does not require special permits when towed by a motor vehicle;

    (c) with gross trailer area of less than 320 square feet; and

    (d) that is designed to provide temporary facilities for recreational, travel, or camping use and not used as a principal residence. See Montana Code 61-1-101

  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Truck tractor: means a motor vehicle designed and used primarily for drawing other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and load drawn. See Montana Code 61-1-101
  • Under the influence: has the meaning provided in 61-8-401. See Montana Code 61-1-101
  • Under the influence: means that as a result of taking into the body alcohol, drugs, or any combination of alcohol and drugs, a person's ability to safely operate a vehicle has been diminished. See Montana Code 61-8-401
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Urban district: means the territory contiguous to and including any street that is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than 100 feet for a distance of one-fourth mile or more. See Montana Code 61-8-102
  • 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
  • vehicle: has the meaning provided in 61-1-101, except that the term does not include a bicycle. See Montana Code 61-8-401
  • Venue: The geographical location in which a case is tried.
  • ways of this state open to the public: means any highway, road, alley, lane, parking area, or other public or private place adapted and fitted for public travel that is in common use by the public. See Montana Code 61-8-101
  • Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204
  • Writing: includes printing. See Montana Code 1-1-203