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23.3.101   COUNTY TREASURERS AS FEE COLLECTING AGENTS
(1) For purposes of this rule, "driver's licenses receipts" means receipts for driver's licenses, motorcycle endorsements, duplicate licenses, and identification cards.

(2) Except as provided in subsection (3) , county treasurers shall act as agents of the motor vehicle division for the sale of driver's licenses receipts.

(3) The county treasurers of Yellowstone, Cascade, Gallatin, Lewis and Clark, Silver Bow, Missoula, Ravalli, Flathead, and Lincoln counties may not act as agents of the motor vehicle division for the sale of driver's licenses receipts. In those counties, the motor vehicle division itself shall sell the receipts.

(4) A county treasurer who is an agent may in turn appoint outside agents for the same purpose if the county treasurer determines the appointment is:

(a) necessary to accommodate citizens of the state who must possess driver's licenses; and

(b) feasible.

History: Sec. 61-5-111(1) MCA; IMP, Sec. 61-5-111(1) MCA; Eff. 12/31/72; AMD, 1980 MAR p. 574, Eff. 2/15/80.

23.3.111   PROCEDURES AND STANDARDS FOR DRIVER'S EXAMINATION AND LICENSING
(1) Examiners shall follow the procedures and standards for the examination and licensing of drivers contained in ARM 23.3.112 through 23.3.126.
History: Sec. 44-1-103 MCA; IMP, Sec. 61-5-101 et seq. MCA; Eff. 12/31/72.

23.3.112   ORDER OF STEPS IN EXAMINING
An examiner shall conduct the driver's examination in the following order:

(1) Ask preliminary questions and have applicant complete necessary forms.

(2) Give vision test.

(3) Give written (road signs and road rules) test. (Oral for illiterates.) If applicant fails any portion of the inside test, list the station, date, initial, and note portion of test failed on original copy of receipt. Make sure that applicant understands that receipt is not license to drive.

(4) Give driving test. The inside test must be completed satisfactorily before conducting the driving test. If driving test is failed, sign and issue "learner's license."

(5) Return applicant to exam station, fill in photo information form, and take picture.

(6) Validate "temporary license" and issue to applicant.

(7) If any question on the application is not answered, read it slowly to the applicant and record his answer. If he refuses to answer the question, explain that it is impossible for the state to grant a license until all of the questions on his application have been answered.

(8) If the applicant is under 18 years of age, the application is not complete and may not be accepted unless accompanied by one of the two alternative forms of the affidavit of consent provided by the division. The affidavit must be signed by the person and in the manner described in ARM 23.3.115.

(9) If the applicant is a driver education student who is 15 or 16 years of age, be sure he has passed an approved course.

(10) The examiner should be certain that the correct residence address is shown on the application, as we must be able, at any time, to reach all drivers by mail.

(11) If there is any doubt about an address or permanency, get a second address of relative, employer, or associate through whom the applicant may be located.

History: Sec. 44-1-103 MCA; IMP, Sec. 61-5-101 et seq. 12/31/72; AMD, Eff. 12/5/76; AMD, 1980 MAR p. 2/15/80.

23.3.113   AGE STANDARDS
The age standards for drivers are:

(1) Operator: Minimum age 16 years except as provided in sections 61-5-105(1) , 61-5-106, and 61-5-111(4) MCA. Applicants under 18 years of age must have signature of parents, husband, or wife over 18 years of age, guardian, or employer except as provided in section 61-5-108 MCA.

(2) Chauffeur, including motor bus driver (common carriers) operating under a permit issued by the railroad and public service commission, school bus driver, taxi-cab driver, and private chauffeur: Minimum age 18 years.

History: Sec. 44-1-103, MCA; IMP, Sec. 61-5-101 et seq. MCA; Eff. 12/31/72; AMD, Eff. 12/5/76.

23.3.114   SIGNATURE OF APPLICANT
(1) The signature of the applicant must be entered on the line indicated (Signature of Applicant) . If an applicant cannot write he may make his mark. This is simply a cross on the application in the place of his signature. His name should be printed or typed near the "mark" for identification and a witness should sign under the applicant's mark, showing who signed the applicant's name.
History: Sec. 44-1-103 MCA; IMP, Sec. 61-5-101 et seq. MCA; Eff. 12/31/72; AMD, Eff. 12/5/76.

23.3.115   CONSENT OF PARENTS OR GUARDIANS
(1) The motor vehicle division shall not issue an operator's license to any person under 18 years of age nor shall any road test be administered unless the application is signed and verified in either of the following alternative forms:

(a) Signing party consents to allow the minor to obtain operator's permits until the minor reaches majority unless consent is withdrawn through receipt by the division of written notification of withdrawal of consent. During such period, signing party agrees to joint and several liability with the minor for negligent or willful misconduct of the minor when driving a motor vehicle upon a highway; or

(b) Signing party consents to allow the minor to obtain operator's permit until the minor reaches majority unless consent is withdrawn through receipt by the division of written notification of withdrawal of consent. Signing party asserts that there is presently on deposit with the division proof of financial responsibility of the minor applicant in the form and in amounts required under the Motor Vehicle Safety Responsibility Act and section 61-5-108(3) MCA. Signing party agrees that if for any reason said proof of financial responsibility ceases to be maintained, signing party assumes joint and several liability with the minor for negligent or willful misconduct of the minor when driving a motor vehicle upon a highway.

(2) A minor's application for an operator's permit must be signed by:

(a) Both parents if verification is in the form described in subsection (1) (a) ;

(b) One parent if verification is in the form described in subsection (1) (b) ;

(c) A widowed parent;

(d) A parent with sole legal custody;

(e) A sole legal guardian; or

(f) An employer or other responsible person if there is no parent or other legal guardian.

(3) If the application is signed by a person other than a parent (under subsections (2) (e) or (f) , the reason for lack of parent's signature must be stated.

History: Sec. 44-1-103 MCA; IMP, Sec. 61-5-108 MCA; Eff. 12/31/72; AMD, Eff. 12/5/76; AMD, 1980 MAP p. 575, Eff. 2/15/80.

23.3.116   PAST DRIVING EXPERIENCE
(1) Examiners shall make every effort to obtain complete information on the applicant's past driving experience including experience in other states where the applicant has been licensed.

(2) If the applicant is over 18 years of age and indicates he has not been previously licensed the national driver register (see ARM 23.3.143) must be used.

(3) If an applicant has been under suspension or revocation he should present a letter or card from the motor vehicle division stating that the suspension or revocation period has expired. If the driver has been under revocation or suspension he may be required to file proof of financial responsibility before a temporary license can be issued to him. If in doubt as to whether or not an applicant's period of suspension or revocation has expired, the test may be completed and the result forwarded to the Helena office. A temporary license may not be issued in such cases.

History: Sec. 41-1-103 MCA; IMP, Sec. 61-5-101 et seq. MCA; Eff. 12/31/72; AMD, Eff. 12/5/76.

23.3.117   STANDARDS FOR BODY DISABILITIES
The following restrictions are recommended for applicants who are unable to pass the driving test without special equipment:

(1) Both hands or feet or one hand and one foot missing

or useless: Pass, restricted to needed special equipment, or,

if in doubt after examination, refer to the motor vehicle

division.

(2) Either hand missing or useless: Pass, restricted to grip knob on steering wheel and mechanical turn indicator, if needed.

(3) Either foot missing or useless: Pass, restricted to artificial foot, pedal extension, manual brake or clutch or automatic clutch.

(4) Joints stiff: Pass, describe fully.

(5) Body or limbs shaky: Pass, describe fully.

(6) Strength inadequate for quick stops: Fail, recommend special equipment.

(7) Stature too small for quick stops: Fail, recommend special equipment.

(8) If any special equipment is on the car used in the road test restrict to such special equipment, if needed.

(9) Deaf, hard of hearing, or wearers of hearing aids: Pass, restrict to left outside mirror.

History: Sec. 44-1-103 MCA; IMP, Sec. 61-5-101 et seq. MCA; Eff. 12/31/72.

23.3.118   VISION TEST
(1) The applicant must be tested for acuity, depth perception and color blindness.

(2) The vision test must be given on a Keystone Telebinocular or equivalent.

(3) The applicant may wear eyeglasses or contact lenses for the vision test. An applicant wearing telescopic lenses or similar magnifying devices must be tested using the carrier lenses only. Telescopic lenses or similar magnifying devices may not be utilized to increase acuity readings.

(a) "Best corrected vision" is a measure of visual acuity while using eyeglasses, contact lenses, or carrier lenses, not telescopic lenses or similar magnifying devices.

(b) Nothing herein should be construed to prohibit the use of telescopic lenses or similar magnifying devices during the driving test or normal driving if the applicant is otherwise qualified.

(4) Card 1 is the card that should be used in testing the applicant for acuity, depth perception, and color blindness. If the applicant passes this test, we know that his acuity is at least 20/40. The applicant should be allowed two misses in each group and still be passed on the acuity test. Group One tests with the left eye occluded. Group Two tests with the right eye occluded. Group Three tests with both eyes together.

(5) "Far point" is the equivalent of an actual distance of 20 feet when the card holder is properly set and the applicant is properly situated.

(6) If an applicant fails the eye examination, give him a copy of Report Form DL-63 and ask him to take it to an eye specialist. Do not refer him to any particular eye specialist. The applicant shall return the completed form with the results of the specialist's examination.

(7) If a report from an eye specialist indicates a visual problem resulting from a medical condition, the applicant may be asked to submit a report from a medical doctor concerning the condition.

History: Sec. 44-1-103, 61-5-125 MCA; IMP, Sec. 61-5-110, 61-5-111 MCA; Eff. 12/31/72; AMD, 1988 MAR p. 503, Eff. 3/11/88.

23.3.119   VISION STANDARDS
(1) If the applicant's uncorrected vision is 20/40 or better in each eye or both eyes together, and no medical problems affect the vision, the applicant may receive a driver's license without corrective lens restrictions.

(2) If the applicant's uncorrected vision is worse than 20/40 in both eyes together and the vision can be improved, the applicant may receive a driver license with corrective lens restrictions.

(3) If the applicant's best corrected vision in both eyes together is worse than 20/40 but 20/70 or better, the applicant may receive a driver license that restricts him to driving during daylight hours only, 55 miles per hour on the interstate and 45 miles per hour otherwise, and/or forbids him from driving during inclement weather. The applicant may also be required to pass the driving portion of the examination at renewal.

(4) If the applicant's best corrected vision in both eyes together is worse than 20/70 but is 20/100 or better, an unrestricted driver license will be denied but the applicant may request that a restricted license be issued.

(a) If a restricted license is requested, a special evaluation will be conducted by the district supervisor or chief examiner to determine whether need for the license exists.

(i) The factors considered when determining whether or not need for a license exists include but are not limited to:

(A) other transportation available, including other drivers;

(B) proximity to services;

(C) employment requirements;

(D) family needs;

(E) medical transportation needs.

(b) If need cannot be established the license will be denied.

(c) If need for a driver license is established, additional factors will be considered to determine whether the need can be satisfied safely by issuance of a restricted license. Such factors include but are not limited to:

(i) population and traffic density;

(ii) geographic area;

(iii) type of driving that would be required of the applicant;

(iv) the applicant's past driving experience, if any.

(d) A driving test will be given to the applicant over the routes necessary to satisfy the need. Upon demonstration by the applicant of satisfactory driving ability under the existing conditions, a restricted license may be recommended to the driver improvement committee. Restrictions may include but are not limited to:

(i) time of day;

(ii) type of vehicle;

(iii) area;

(iv) routes;

(v) speed limits;

(vi) weather conditions.

(e) The applicant may also be required to pass the

driving portion of the examination at renewal.

(5) If the applicant's best corrected vision is worse than 20/100, the applicant must be denied a driver license of any type.

(6) If the applicant's vision in one eye is worse than 20/40 and the other eye qualifies, the applicant's license must have a "LEFT OUTSIDE MIRROR" restriction if he or she does not wish to have the poorer eye corrected. If the applicant's best corrected vision in either eye is worse than 20/500 and the other eye qualifies, the applicant's license must have a "LEFT OUTSIDE MIRROR" restriction.

(7) If a report from an eye specialist indicates any special visual problems, such as a problem resulting from a medical condition, the applicant's license may have a restriction requiring submission of reports by an eye specialist on a schedule appropriate to the condition.

(8) If a report from an eye specialist indicates difficulty seeing at night, the applicant's license must be restricted to daylight hours only.

(9) If the applicant is color blind, inform him so he may take precautions whenever he drives where signal lights are located.   Do not fail him because of color blindness.

History: Sec. 44-1-103, 61-5-125 MCA; IMP, Sec. 61-5-110, 61-5-111, 61-5-113 MCA; Eff. 12/31/72; AMD, Eff 12/5/76; AMD, 1983 MAR p. 853, Eff. 7/15/83; AMD, 1988 MAR p. 503, Eff. 3/11/88.

23.3.120   HEARING STANDARDS
  If an applicant is deaf, wears a hearing aid, or is hard of hearing, the applicant's license must have a left outside rear-view mirror restriction.
History: Sec. 44-1-103 MCA; IMP, 61-5-101 et seq. MCA; Eff 12/31/72; AMD, Eff. 12/5/76.

23.3.121   ROAD SIGNS AND ROAD RULES
(1)In order to be

licensed, an applicant must be able to:

(a) ascertain the meaning of standard warning and regulatory signs and understand what the driver should do upon approaching them; and

(b) successfully answer questions on highway laws and regulations, either orally or written.

(2) Illiterates must be examined orally by having the examiner state the questions on the Road Rules Test, and by having the applicant identify the signs on the Sign Test.

(3) Applicants who are observed cheating on the examination must immediately be disqualified on that portion of the examination.

(4) The maximum score for each written test is 100%. For each incorrectly marked answer, the following points must be deducted:

(a) Operator Rules: 5 points (minimum passing score 75) ;

(b) Chauffeur Rules: 3.3 points (minimum passing score 76.9) ; and

(c) Signs: 10 points (minimum passing score 80) .

(d) Combined Operator/Signs Test: 7 or less wrong is passing score.

History: Sec. 44-1-103 MCA; IMP, 61-5-101 et seq. MCA; Eff. 12/31/72; AMD, Eff. 12/5/76; AMD, 1983 MAR p. 853, Eff 7/15/83.

23.3.122   ROAD TEST PREPARATION
(1) To make the road

test fair to all applicants, and to assure uniformity in grading, the road test must be given over approved routes that must be as standardized as possible.   There must be at least one such route at each examining station.   In larger places there may be two or more test routes.   Routes must involve neither too heavy nor too light traffic at the time the examination is being given.   When one route is undesirable, because of construction work, unusual congestion or other conditions, an alternate must be available.   The routes should run from three-fourths to one mile in length so that the ordinary driving demonstration may take not less than 8 minutes nor more than 12 minutes.   A test must be mapped by the District Sergeant and a copy checked and approved by the Chief Examiner. One copy is given to the examiner.   This map lists the location of the station where licenses are issued in each town.   All road tests must be given over an official test route.

(2) Prior to the start of the road test, the following items must be checked:

(a) Headlights (bright and dim) ;

(b) Signal Lights (front) ;

(c) Tail Lights;

(d) Brake Lights;

(e) Signal Lights (back) ;

(f) License Plate Light;

(g) Muffler;

(h) Tires (visually) ;

(i) Glass Enclosure;

(j) Vehicle license number. (Must be recorded. If no plate or sticker, no test. If foreign plate, one plate, or new ten day vehicle, proceed with test.) ;

(k) Brakes;

(1) Horn (during test) ;

(m) Condition of windshield wipers (observe) ; and

(n) Steering.

If in the examiner's opinion the brakes are unsafe or the brake lights are not working or the vehicle is unsafe, the examiner shall refuse to give the test.

History: Sec. 44-1-103; IMP, 61-5-101 et seq. MCA; Eff. 12/31/72; AMD, Eff. 12/5/76.

23.3.123   ROAD TEST
(1) An applicant may not under any circumstances take the test in a car assigned to an examiner.

(2) Unless an exception is appropriate, only the examiner and the applicant may be in the car during the test. Examples of situations where an exception is appropriate include cases in which the applicant is foreign-speaking and a translator is necessary and cases in which religious customs require that somebody accompany the applicant.

(3) Give examinations regardless of weather, if the applicant consents. If the applicant requests a postponement, permit it, holding the test as incomplete.

(4) If the applicant has a minor accident and does not appear upset, direct him to drive back to the starting point. If the applicant appears to be the least upset or major damage has occurred, direct him to make arrangements for someone to drive for him, or to have his car towed away for repair.

(5) If an accident involves another car or pedestrian, or if the damage amounts to more than $25 to the applicant's car, have him complete and submit to you an accident report, listing you as a witness.

(6) If an applicant violates a law on a road test, such as running through a stop light, fail him but do not cite him.   Because a purpose of the road test is to determine whether the applicant knows the laws, he is presumed not to have violated the law purposely.

History: Sec. 44-1-103 MCA; IMP, 61-5-101 et seq. MCA; Eff. 12/31/72.

23.3.124   ROAD TEST DESCRIPTION AND SCORING

(1) For purposes of this rule:

(a) "ACC" means accident;

(b) "DA" means dangerous action;

(c) "LV" means law violation;

(d) "NC" means lack of cooperation;

(e) "TD" means more than permitted deductions;

(f) "VC" means vehicle condition; and

(g) "INC" means incomplete.

(2) The basic test is patterned on a figure eight. Subsections (3) through (20) contain the requirements and scoring for the test.

(3) Starting from curb, parallel parking. Incorrect method scoring:

(a) Does not look, does not signal........................................................................DA

(b) Uses mirror, does not signal ...........................................................................6 points

(c) Looks properly, does not signal ......................................................................3 points

(d) Does not look, signals .....................................................................................6 points

(e) Uses mirror, signals .........................................................................................3 points

(f) In any case above, when street is not

clear...............................................................................................................................DA

(4) Starting from curb, angle parking. Incorrect method scoring:

(a) Does not look, backs quickly or unevenly.......................................................DA

(b) Uses mirror, backs quickly or unevenly...........................................................6 points

(c) Uses mirror, backs smoothly............................................................................3 points

(d) In any case above when street is not

clear ..............................................................................................................................DA

(5) Right Turn. Incorrect method, scoring:

(a) Completes turn beyond center line of street entered:

(i) Four lanes marked........................................................................................DA

(ii) Two lanes not marked .................................................................................6 points

(b) Completes turn just to right of center street

entered:

(i) Four lanes marked........................................................................................6 points

(ii) Two lanes not marked . ...............................................................................3 points

(c) Begins turn from just to right of center of

street left.

(i) Four lanes marked .......................................................................................6 points

(ii) Two lanes not marked .................................................................................3 points

(d) Right turning signals.

(i) Wrong signal .................................................................................................6 points

(ii) No signal or less than 25 feet .....................................................................6 points

(iii) Signals, 75 feet or less ...............................................................................3 points

(iv) Arm signal during turn .................................................................................3 points

(e) Right turning speed.

(i) Has to stop abruptly, causing tires to skid

and squeal......................................................................................................................DA

(ii) If not a proper speed for turn, reduces speed

by five miles per hour or less .      ...............................................................................6 points

(iii) Reduces speed by ten miles per hour or

less ................................................................................................................................3 points

(6) Left Turn. Incorrect method scoring:

(a) Completes turn left of center line of

street entered.

(i) Four lanes marked     .......................................................................DA

(ii) Two lanes not marked      ........................................................8 points

(b) Completes turn to far left of street entered:

(i) Four lanes marked     ..................................................................8 points

(ii) Two lanes not marked .................................................................................4 points

(c) Begins turn from just to right of center of street left.

(i) Four lanes marked .......................................................................................8 points

(ii) Two lanes not marked .................................................................................4 points

(d) Left turning signals.

(i) Wrong signal .................................................................................................8 points

(ii) No signal or less than 25 feet ................................................................8 points

(iii) Signals, 75 feet or less ................................................................................4 points

(iv) Arm signals during turn ...............................................................................4 points

(e) Left turning speed:

(i) Has to stop abruptly, causing tires to

skid and squeal ...................................................................................................DA

(ii) If not a proper speed for turn, reduce

speed by five miles per hour or less......................................................................8 points

(iii) Reduce speed by ten miles per hours

or less.................................................................................................................4 points

(7) Judgment at intersections. Incorrect method scoring:

(a) Does not look or reduce speed, conflicting

traffic present .........................................................................................................DA

(b) Does not look or reduce speed..........................................................................8 points

(c) Looks one way, does not reduce speed .............................................................8 points

(d) Looks carefully, does not reduce speed,

conflicting traffic present ..........................................................................................8 points

(e) Looks carefully, does not reduce speed ..............................................................4 points

(f) Looks carefully, reduces speed, does not

yield right of way .....................................................................................................4 points

(g) Stops for traffic when not necessary ....................................................................4 points

(h) Stops and waits for traffic an unreasonable

time..........................................................................................................................4 points

(8) Lane change. Incorrect method scoring:

(a) Does not look, does not signal, conflicting

traffic present ...........................................................................................................DA

(b) Does not look, does not signal, street

clear ........................................................................................................................6 points

(c) Uses mirror, does not signal, street

clear ........................................................................................................................6 points

(d) Looks, does not signal, street clear......................................................................3 points

(9) Stop sign or stop light. Incorrect method

scoring:

(a) Does not stop for stop light or sign.......................................................................LV

(b) Creeping through sign or light...............................................................................8 points

(c) Less than walking speed.......................................................................................4 points

(d) Stops in intersection at stop light or

sign...........................................................................................................................8 points

(e) Stops ahead of stop sign or in crosswalk...............................................................4 points

(10) Parallel parking. Incorrect method scoring:

(a) Backs over curb with one or more wheels.............................................................DA

(b) Makes contact with other vehicle or object,

other than bumper contact, no damage.......................................................................DA

(c) Makes contact with other vehicle or object,

causes damage . .......................................................................................................ACC

(d) Is unable to park within a reasonable time,

two minutes...............................................................................................................8 points

(e) Strikes other vehicle or object with

bumper (sharply) no damage......................................................................................8 points

(f) Leaves vehicle more than twelve inches

in excess of legal limit from curb.................................................................................8 points

(g) Leaves vehicle less than twelve inches

in excess of legal limit from curb.................................................................................4 points

(h) Backs without looking..........................................................................................4 points

(i) Bumps curb (not just touch) ..................................................................................4 points

(j) Unnecessary jockeying to center vehicle.................................................................4 points

(k) Crowds other parked vehicles...............................................................................4 points

(l) Makes right turn signal when stopping to

park (grade under slow signal) ...................................................................................4 points

(11) Slow signal, incorrect method, scoring:

(a) Does not signal......................................................................................................8 points

(b) Wrong signal.........................................................................................................8 points

(12) Judgment of distance, incorrect method scoring:

(a) Strikes another vehicle or object with other

than bumper, no damage.............................................................................................DA

(b) Strikes another vehicle or object, causes

damage.......................................................................................................................ACC

(c) Comes close to another vehicle orobject,

creating hazard............................................................................................................6 points

(d) Comes close to another vehicle or object,

no hazard....................................................................................................................3 points

(13) Stalls motor, scoring (only if not a

mechanical defect ) :

(a) Stalls in intersection................................................................................................8 points

(b) Other stalls............................................................................................................4 points

(14) Use of clutch. Incorrect method scoring:

(a) "Floor boards" accelerator whenstarting

or shifting....................................................................................................................4 points

(b) Jumps clutch and stalls motor ......................................................................4 points

(c) Jumps clutch and does not stall motor ..........................................................2 points

(d) Slips or rides clutch unnecessarily    ...................................................2 points

(e) Grinds gears when shifting or starting    ..............................................2 points

(f) Does not use compression to slow    ..................................................2 points

(15) Attention to driving. Incorrect method scoring:

(a) Takes eyes off the road .........................................................................................2 points

(b) Considerable irrelevant conversation ...........................................................2 points

(16) Shifting ability. Incorrect method scoring:

(a) Does not shift when necessary .....................................................................4 points

(b) Shifts while turning .................................................................................................4 points

(c) Starts in improper gear .................................................................................4 points

(d) Coasts ...................................................................................................................4 points

(e) Shifts too soon or too late (speeds) .........................................................................2 points

(f) Jerky shifts ..............................................................................................................2 points

(17) Following or overtaking. Incorrect method scoring:

(a) Crowds other vehicles, less than one-half car's

length for each 10 miles per hour ........................................................................8 points

(b) Crowds other vehicles, more than one-half car's

length for each 10 miles per hour ........................................................................4 points

(18) Right of way. Incorrect method. Scoring:

(a) Does not yield right of way when required, makes

pedestrian or vehicle stop or use defensive action...........................................................LV

(b) Does not yield right of way when making a left

(c) Makes left turn between traffic when not clear to   do so (bluffs) ....................8 points

(d) Yields but interferes with other traffic........................................................................4 points

(e) Right of way not taken when rightfully yielded by

other•............................................................................................................................4 points

(f) Uses horn in attempt to gain right of way....................................................................4 points

(19) Scoring the road test. Each item must be graded

separately and compounded. In other words, each turn, stop,

intersection, etc. is a separate part of the test and should be so graded. If an applicant makes an improper maneuver more than once, he must be graded for each error. For example, if an applicant creeps through a stop sign constituting a four point deduction and at the next stop sign repeats the error, the examiner would deduct another four points.

(20) Causes for disqualifications. If any of the following conditions are met the driver is disqualified. The road test must be discontinued. If a return to the starting point of the test might be hazardous, the vehicle must be left in a safe place, pending arrangements for its removal.

(a) Accident, however slight: Any contact with another car except slight bumper to bumper, any contact with a pedestrian except from the pedestrian's intention, or any contact with a fixed object except a slight bumper.

(b) Dangerous action:   Any action that would cause a driver or a pedestrian to take defensive action, stalls car in middle of busy intersection, or drives one or more wheels over curb or onto sidewalk.

(c) Clear violation of any traffic law:   Any action for which a driver must be arrested.

(d) Lack of cooperation or refusal to perform:   Offers bribe or gratuity, refuses to try to do any maneuver or states "I cannot do that," accuses examiner of discriminating against him.

(e) Various or repeated minor mistakes:   Causes the deduction of more than the permitted number of points on the road test score.

History: Sec. 44-1-103, MCA; IMP, Sec. 61-5-101 et seq. , MCA; Eff. 12/31/72; AMD, Eff. 12/5/76.

23.3.125   INCOMPLETE EXAMINATION
(1) An examination may be incomplete with the applicant neither passing nor failing.   He may not pass until he has successfully completed each part of the examination separately.   The examination is incomplete, therefore, when it is discontinued for some reason other than the applicant's lack of ability.   For example, when a vehicle has a puncture or otherwise malfunctions during the driving test for reasons not attributable to the driver, the test is discontinued but the driver is not disqualified.
History: Sec. 44-1-103, MCA; IMP, Sec. 61-5-101 et seq. , MCA; Eff. 12/31/72; AMD, 1983 MAR p. 853, Eff. 7/15/83.

23.3.126   TIME LIMIT ON SECOND AND SUBSEQUENT EXAMINATIONS
(1) A written examination may not be given to an applicant more than once in each day.   A road test may not be given more than once in every seven days.
History: Sec. 44-1-103, MCA; IMP, Sec. 61-5-101 et seq. , MCA; Eff. 12/31/72.

23.3.127   FULL LEGAL NAME, NAME COMBINATION AND LENGTH

(1) Except as provided in (3) , an applicant's full legal name is required on a driver's license application, including a renewal application, and on the license itself.

(2) For driver licensing and identification card purposes, an applicant's full legal name is deemed to be the individual's name as shown on the primary document presented by the applicant under ARM 23.3.131 unless:

(a) the applicant submits one or more documents as specified in ARM 23.3.128 that verify a name change;

(b) the applicant wants to replace a middle name with the applicant's last name prior to marriage; or

(c) the name has been truncated in accordance with (3) .

(3) The space provided for recording a name on a driver's license or identification card may not exceed 31 characters, including up to three field delimiters.

(a) If the name exceeds 31 characters on an original or renewal application, the name will be truncated by the department in a manner that will permit proper printing on the license or card.

(i) If the name of an applicant must be shortened, each middle name will be truncated through the second letter of the middle name.   Each middle initial must be recorded.

(ii) If, after truncating the middle name(s) , the name still exceeds 31 characters, the first name will be truncated through the second letter of the first name.   The first initial of the first name must be recorded.

(b) If an individual has only one name, that name must be recorded as the individual's last name.

(c) If the individual's first name is unknown, no first name may be recorded.

(d) Multiple middle names must be recorded without a space separation and, if necessary, truncated according to (3) (a) (i) .

(e) No titles of address, such as "Ms" or "Dr", may be recorded unless such title actually appears on the primary document presented by the applicant.

(f) If an individual has more than one middle name or more than one last name, the last name must be recorded in combination separated by a hyphen only if that is how it is recorded on the presenting primary document.

(4) A license renewal applicant will not be required to present a primary document to verify the applicant's full legal name unless the driver record maintained by the department for the applicant needs to be updated because the applicant's name changed after the prior license was issued.

History: Sec. 61-5-125, MCA; IMP, Sec. 61-5-107, 61-5-111, MCA; NEW, 2000 MAR p. 2524, Eff. 9/22/00; AMD, 2002 MAR p. 1316, Eff. 4/26/02.

23.3.128   CHANGE OF NAME ON DRIVER RECORD
(1) When the holder of a Montana driver's license wants to change the full legal name on the department's driver record, the holder must make application for a name change and verify the legal change of full legal name by presenting one of the following documents:

(a) a certified copy of the applicant's marriage certificate from the issuing government jurisdiction;

(b) a certified copy of a decree or judgment granting a name change from a court of competent jurisdiction;

(c) a certified copy of a divorce decree or dissolution of marriage granted the applicant that specifies the change of name required; or

(d) a certified copy of a US department of justice, immigration and naturalization service, certificate of naturalization (forms N-550, N-570) issued to the applicant.

(2) An applicant may use the applicant's last name prior to marriage on the driver's license in place of the applicant's middle name.   A certified copy of the applicant's certificate of birth from a US or Canadian jurisdiction as specified in ARM 23.3.131 is acceptable as proof of that name.

(3) Upon payment of the proper fees, an applicant may also apply for a duplicate driver's license in the legally changed name.

History: Sec. 61-5-125, MCA; IMP, Sec. 61-5-111, 61-5-115, MCA; NEW, 2000 MAR p. 2524, Eff. 9/22/00.

23.3.129   COLLECTION AND VERIFICATION OF SOCIAL SECURITY NUMBER ON DRIVER'S LICENSE APPLICATIONS; PROCESSING OF AN APPLICANT WHO DOES NOT HAVE A SOCIAL SECURITY NUMBER

(1) An applicant who has been issued a social security number will be required to provide it to the department upon application for an original driver's license, upon renewal of a driver's license, or upon application for an identification card if the applicant has not supplied, and the department has not verified, the number in a prior application process.

(2) The social security number supplied by the applicant will be electronically submitted by the department to the Social Security Administration for verification. If the social security number supplied by the applicant to the department is not verified by the Social Security Administration, the applicant must contact the Social Security Administration and correct the problem prior to completion of the application process.

(3) If an applicant has not been issued a social security number, the applicant must sign a statement, under penalty of law, attesting that the applicant does not have a social security number before the application process may be completed.

(4) The application process will be terminated and a license or identification card will be denied for incomplete information if an applicant:

(a) refuses to provide a social security number and sign a statement that the applicant has not been issued a social security number; or

(b) provides a social security number that cannot be verified.

(5) An applicant's social security number may not be used as the applicant's driver's license or identification card number or be included as part of the applicant's driver's license or identification card number.

(6) This rule takes effect October 1, 2000.

History: 61-5-125, 61-12-502, MCA; IMP, 61-5-107, 61-5-111, MCA; NEW, 2000 MAR p. 2524, Eff. 10/1/00; AMD, 2013 MAR p. 1522, Eff. 8/23/13.

23.3.130   EVIDENCE OF MONTANA RESIDENCE ADDRESS

(1) Upon original application for a driver's license, an applicant must present evidence of the applicant's Montana residence address.   A Montana residence or street address must be provided; if the applicant does not receive mail at the residence or street address, a Montana post office box or mailing address also must be provided.

(2) The department will accept the following documents as evidence of a Montana residence address, provided the document shows the applicant's name and Montana residence address as it appears on the driver's license application:

(a) any primary or secondary document as listed in ARM 23.3.131;

(b) a US or Montana income tax return for the previous year;

(c) a Montana voter registration card;

(d) a receipt for personal or real property taxes paid within the last year to the state of Montana or a Montana county;

(e) a current automobile or life insurance policy or statement;

(f) a certified copy of school records issued by the school the applicant is currently attending or attended within four months of the application;

(g) a written statement from the applicant's parent, guardian, or adult child that the applicant resides at the same address as the parent, guardian, or adult child, along with a copy of a document permitted under this rule that evidences the Montana residence address of the applicant's parent, guardian, or adult child;

(h) the original copy of a rental agreement or rent payment receipt signed by the landlord or rental agent that includes the applicant's name and residence address;

(i) home mortgage or equity loan papers showing the applicant's name and residence address; a rural address will be accepted when there is no other physical address;

(j) any of the following, dated or issued not more than four months prior to application:

(i) a payroll check or payroll check stub;

(ii) a bank statement;

(iii) a utility bill or utility hook-up order;

(iv) canceled mail addressed to the applicant; or

(k) if the applicant is homeless, a descriptive address of the location where the applicant primarily resides, e.g., "under the west end of the east street bridge."   The applicant must also provide a separate mailing address and present a written statement from a social service agency on the agency's letterhead verifying the applicant's homeless status and the descriptive address given by the applicant.

History: Sec. 61-5-125, MCA; IMP, Sec. 61-5-103, 61-5-107, 61-5-111, MCA; NEW, 2000 MAR p. 2524, Eff. 9/22/00; AMD, 2002 MAR p. 1316, Eff. 4/26/02.

23.3.131   DOCUMENTING PROOF OF NAME, IDENTITY, AND DATE OF BIRTH FOR ORIGINAL DRIVER'S LICENSE APPLICATIONS

(1) Upon original application for a driver's license or identification card, the applicant must provide proof of identity, including full legal name and date of birth, by presenting one primary document and one or more secondary documents from the lists specified in (2) and (3). An applicant who has a social security number must provide this number and it must verify with the Social Security Administration.

(2) The primary document submitted must show the applicant's name and date of birth and must be verifiable by the governmental authority that issued the document. The following may be presented as a primary document:

(a) a driver's license or identification card, with color photograph or digitized image of the applicant and not expired for more than four years, issued by a state, territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico or a province or territory of Canada;

(b) a certified copy of a birth certificate issued by a government bureau of vital statistics or board of health of a state, territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico or a province or territory of Canada, or a report of a birth abroad of a U.S. citizen issued by the U.S. Department of State or a U.S. embassy;

(c) an unexpired military identification card issued by the U.S. Department of Defense that documents the applicant's active duty, reserve or retired personnel status or status as a dependent of active duty personnel and that contains a color photograph or digitized image of the applicant and the applicant's date of birth;

(d) a valid, unexpired passport issued to the applicant by the U.S. Department of State or by the Canadian government;

(e) a valid, unexpired passport issued to the applicant by a jurisdiction other than the United States or the Canadian government with either:

(i) a U.S. Department of Justice, Immigration and Naturalization Service (INS) record of arrival and departure (form I-94) attached, bearing the same name as that on the passport and containing an unexpired endorsement of the alien's nonimmigrant status; or

(ii) an unexpired resident alien I-551 stamp.

(f) one of the following valid unexpired documents issued by the U.S. Department of Justice, Immigration and Naturalization Service:

(i) certificate of naturalization (form N-550, N-570, or N-578);

(ii) certificate of citizenship (form N-560, N-561, or N-645);

(iii) Northern Mariana card (form I-551) bearing the imprint "Northern Mariana," not "resident alien";

(iv) American Indian card (form I-551) bearing the imprint "American Indian," not "resident alien";

(v) United States citizen identification card (form I-179 or I-197) ;

(vi) resident alien card (form I-551) ;

(vii) temporary resident identification card (form I-688) ;

(viii) US reentry permit (form I-327) ;

(ix) refugee travel document (form I-571) ;

(x) employment authorization card (form I-688A, I-688B, or I-766) ; or

(xi) record of arrival and departure, stamped "refugee" (form I-94 without a valid passport but stamped "refugee" with a photo affixed) .

(g) a US or Canadian-issued instruction or learner's driving permit, or a receipt for driver's license or permit, if it is current and contains a photo of the applicant and the applicant's date of birth;

(h) a prison inmate identification card issued to the applicant by the Montana department of corrections that contains a photograph or digitized image of the applicant and the applicant's date of birth and adult offender number;

(i) a digital identification card issued to the applicant by a federally recognized Indian tribe whose reservation is located in Montana that contains a digitized image of the applicant and the applicant's date of birth and tribal enrollment number; or

(j) an emergency identification photograph issued and certified by the driver licensing authority of a state, territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico or a province or territory of Canada that includes the applicant's name and date of birth.

(3) In addition to presenting a primary document, the applicant must also present one or more secondary documents to confirm the applicant's identity.   The name on the secondary document presented by the applicant must match or be consistent with the name on the primary document presented by the applicant.   The applicant may select a secondary document from the following list:

(a) a second primary document as listed in (2) above;

(b) a driver's license or identification card that has expired for more than one year but not more than five years, or that is current but without a photograph;

(c) a certified copy of a court order or judgment from a US or Canadian court of competent jurisdiction containing the applicant's full legal name and date of birth;

(d) any INS document listed in (2) (f) , not expired more than one year;

(e) a current employee photo identification card from a US or Canadian-based employer;

(f) a certified copy of a birth certificate issued by a jurisdiction other than by a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico or a province or territory of Canada;

(g) certification of release of discharge issued by the U.S. Department of Defense;

(h) a certified copy of a marriage certificate or license issued by a government jurisdiction;

(i) a medicare, medicaid or health insurance card with the applicant's name and the applicant's individual medicare, medicaid, or health insurance identification number;

(j) an unexpired permit to carry a firearm or concealed weapon issued by a chief of police in an organized, full-time police department or the county sheriff in a local jurisdiction within the U.S., bearing a color photo of the applicant;

(k) a current pilot's license issued by the U.S. Department of Transportation, Federal Aviation Administration;

(l) a copy of records or a transcript containing the applicant's full name and date of birth certified by the issuing elementary, secondary, or post-secondary school;

(m) a certificate of completion of a traffic or driver's education course approved by the department and the Superintendent of Public Instruction containing the applicant's name and date of birth;

(n) a U.S. nonmetal social security card or a Canadian social insurance card;

(o) a current school photo identification card with the student's name and student identification number; or

(p) a certified copy or a facsimile or photocopy of a certified copy of the birth certificate of the applicant's child, if the certificate lists the applicant's name and date of birth as parent.

(4) In rare, extremely extenuating circumstances where an applicant cannot produce a primary document because the original records have been destroyed or were never created and a duplicate record cannot be obtained from the government agency customarily required to maintain such records, an applicant may ask the chief of the field operations bureau to accept and approve alternate documentation of the applicant's identity, name and date of birth.

(5) The request must be in writing and the applicant's signature must be notarized. The request must describe, in detail, why the appropriate documents cannot be obtained and presented and why alternate documentation should be approved. Copies of the alternate documentation must be attached to the request. The completed request must be submitted to department headquarters. Upon receipt of a request, the chief of the field operation bureau must review the request, conduct an independent investigation of the circumstances underlying the request and the necessity for alternate documentation, and within 30 working days, issue to the applicant a written determination, approving or rejecting the request, including the chief's rationale for the determination.

History: 61-5-125, 61-12-502, MCA; IMP, 61-5-105, 61-5-107, 61-5-111, MCA; Eff. 12/31/72; AMD, Eff. 12/5/76; AMD, 1982 MAR p. 154, Eff. 3/26/82; AMD, 1983 MAR p. 855, Eff. 7/15/83; AMD, 2000 MAR p. 2524, Eff. 9/22/00; AMD, 2002 MAR p. 1316, Eff. 4/26/02; AMD, 2013 MAR p. 1522, Eff. 8/23/13.

23.3.132   UNDERAGE APPLICATION AND LICENSE
(1) An application by an underage applicant for a driver's license must be referred to the field for a thorough investigation to determine the necessity for issuing the license.

(2) Approval of a request for a restricted license by an underage applicant may be recommended only in cases of dire necessity.

(3) The issuance of a restricted license to an underage applicant is considered necessary if:

(a) family economic pressures are such that the applicant's income is necessary to maintain the family unit (inconvenience or a desire to avoid hiring extra help is insufficient) ;

(b) the applicant lacks school bus transportation; or

(c) the applicant must provide transportation to a chronically ill or disabled parent and no other transportation is available.

History: Sec. 44-1-103, MCA; IMP, Sec. 61-5-105, MCA; Eff. 12/31/72; AMD, Eff. 12/5/76.

23.3.133   WHO MUST BE LICENSED AS A CHAUFFEUR

This rule has been repealed.

History: Sec. 44-1-103, MCA; IMP, Sec. 61-1-312, MCA; Eff. 12/31/72; REP, 1988 MAR p. 62, Eff. 1/15/88.

23.3.134   RESTRICTIONS OF HANDICAPPED DRIVERS
(1) The examiner may restrict the driver's license of a handicapped person to suit the handicap.
History: Sec. 44-1-103, MCA; IMP, Sec. 61-5-113, MCA; Eff. 12/31/72.

23.3.135   GRACE PERIOD FOR RENEWALS
(1) A renewal receipt purchased on or before the expiration of the license will validate said license for two months from the date of expiration.
History: Sec. 44-1-103, MCA; IMP, Sec. 61-5-113, MCA; Eff. 12/31/72; AMD, Eff. 12/5/76.

23.3.136   TIME PERIOD FOR RENEWALS AND EXAMINATIONS

(1) The purchase of the driver license receipt allows the new applicant six months in which to successfully pass the driver examination and be licensed.   If this is not accomplished within the six-month period, the new applicant must purchase a new receipt to receive further consideration toward being issued a Montana driver license.

History: Sec. 44-1-103, MCA; IMP, Sec. 61-5-111, MCA; Eff. 12/31/72; AMD, Eff. 12/5/76.

23.3.137   RENEWALS, TO TAKE TEST IF EXPIRED
(1) Persons renewing may do so without examination if such renewal is accomplished within three months of the expiration of their license.   Persons whose three-month grace period expires on a holiday, Saturday, or Sunday shall be allowed the next official work day to renew their license.
History: Sec. 44-1-103, MCA; IMP, Sec. 61-5-111, MCA; Eff. 12/31/72.

23.3.138   APPLICATION FOR MINORS
(1) The signature of the parents or guardian on the original application of a minor for a driver's license makes such "signer" jointly and severally liable with such minor for any damages caused by negligence or wilful conduct.   The original application of the minor must be signed by the parents or guardian.

(2) If a minor deposits or there is deposited upon his behalf proof of financial responsibility in respect to the operation of a motor vehicle owned by him or if not the owner of a motor vehicle, then with respect to the operation of any motor vehicle in form and in amounts as required under the motor vehicle financial responsibility laws of this state, the minor's application may be accepted when signed by one parent or guardian.   While such proof of financial responsibility is maintained such parent or guardian shall not be subject to the liability imposed.

History: Sec. 44-1-103, MCA; IMP, Sec. 61-5-108, MCA; Eff. 12/31/72.

23.3.139   TEMPORARY LICENSES
(1) The original driver license receipt purchased by a Montana driver applicant is validated for use by an official "temporary license" seal embossed in the receipt by the driver examiner.   Such temporary license may be used, while the actual driver license is being processed through the motor vehicle division headquarters.
History: 44-1-103, MCA; IMP, 61-5-106, MCA; Eff. 12/31/72.

23.3.140   MAIL RENEWALS
(1) If a person is temporarily out of state and will not be returning to Montana prior to the expiration of the person's noncommercial driver's license, the person may apply, upon a form prescribed by the department, for the renewal of the license by mail.

(2) Mail renewal applications must be submitted within the grace period prescribed in 61-5-111, MCA, and must be accompanied by the appropriate license fees, an eye examination report (form 22-1801) completed by a licensed opthalmologist or optometrist, and a driver medical evaluation report (form 20-1900) completed by a licensed physician.   If the department does not have a digitized photograph or signature record of the renewal applicant, the applicant must also submit a color head and shoulders photograph of the applicant no larger than 2 x 2 inches in size and an exemplar of the applicant's signature.

(3) A commercial driver's license that does not include a hazardous endorsement may also be renewed by mail if the licensee is temporarily out of state and will not be returning to Montana prior to the expiration of the license.   In addition to completing the requirements of (2) , the applicant must also submit a copy of the applicant's current DOT card.

History: 61-5-125, MCA; IMP, 61-5-111, MCA; Eff. 12/31/72; AMD, Eff. 12/5/76; AMD, 2000 MAR p. 2524, Eff. 9/22/00.

23.3.141   MILITARY PERSONS
(1) Any person who has a valid Montana driver's license at the time of entering active duty with the armed forces may apply for a military renewal.   The military renewal will be valid so long as the person is assigned to active duty not to exceed 30 days following the date of release from active duty, unless the license is suspended, revoked, or cancelled prior to the person's release.   Active duty means duty while assigned to any of the armed forces of the United States except temporary active duty in the national guard or in any reserve unit for less than 6 months.   Active duty does not include full time active duty with the national guard unless the national guard has been called to federal service.

(2) If the person on active duty does not apply for a military renewal, his/her current driver's license will be valid after the date of expiration for not to exceed 30 days following the date of release from active duty only when it is in the person's immediate possession and accompanied by his/her discharge, separation, leave or furlough papers showing the date of entry into the service.

(3) The military renewal is not issued or available to any person who applies for and receives a Montana driver license following the date of assignment to active duty. The military renewal does not extend to the spouse or dependents of the person on active duty.

History: 44-1-203, MCA; IMP, 61-5-104, MCA; Eff. 12/31/72; AMD, Eff. 12/5/76; AMD, 1983 MAR p. 855, Eff. 7/15/83.

23.3.142   DISHONORED CHECKS
(1) If a check drawn and remitted in payment of the driver's license fee is dishonored:

(a) the applicant is not entitled to the issuance of a driver's license, and

(b) the division shall cancel any license issued as a result of the dishonored check.

(2) If a check drawn and remitted in payment of the driver rehabilitation program fee is dishonored:

(a) the person's probationary license shall be cancelled, and

(b) the suspension or revocation, whichever the case may be, shall be reinstated.

History: 44-1-103, MCA; IMP, 61-5-111, 61-5-201, MCA; NEW, 1980 MAR p. 578, Eff. 2/12/80; AMD, 1983 MAR p. 855, Eff. 7/15/83.

23.3.143   NATIONAL DRIVER REGISTRATION
(1) The motor vehicle division shall participate in the national driver register program.
History: 61-5-401, MCA; IMP, 61-5-401, MCA; Eff. 12/31/72.

23.3.144   EXAMINATION STATIONS
(1) Subject to physical limitations of individual examination stations, applicants taking the test are to be segregated from those not doing so.
History: 44-1-103, MCA; IMP, 61-5-101 et seq. , MCA; Eff. 12/31/72.

23.3.145   EXAMINER'S DUTIES
Duties of a driver examiner include but are not limited to the following:

(1) Be at the examination station punctually and keep the station open during the scheduled hours.

(2) Receive applications for driver's licenses and renewals. Provide applicants with the necessary forms.

(3) Examine applicants and reexamine drivers, by oral, written, and performance tests, for knowledge of the laws and rules of safe driving, for visual or physical defects, and for skill in handling a vehicle to determine whether they meet the requirements established by the motor vehicle division.

(4) Take photographs of all successful applicants.

(5) Give accurate information when requested regarding the motor vehicle laws and the regulations concerning licensing of operators and chauffeurs.

(6) Investigate the habits and general qualifications of accident and violation repeaters when instructed to do so.

(7) Check renewal applicants for vision and physical condition to determine whether they meet the requirements established by the motor vehicle division.

(8) Conduct hearings, investigations, counseling sessions, interviews, and training sessions on driver improvement matters as required.

(9) Examine applicants for motorcycle endorsement, by oral, written, and performance tests, for knowledge of the laws and rules of safe driving, for visual or other physical defects, and for skill in handling a motorcycle to determine whether they meet the requirements established by the motor vehicle division.

(10) Prepare and deliver safety talks before various groups (such as schools, assemblies and service clubs) and operate projection equipment when directed to do so.

(11) Serve notices of suspension and revocation and pick up suspended or void certificates when directed to do so.

(12) Appear in hearings to testify regarding examinations or investigations.

(13) Inspect driver licenses for alterations.

History: 44-1-103, MCA; IMP, 61-5-101 et seq. , MCA; Eff. 12/31/72; AMD, Eff. 12/5/76; AMD, 1983 MAR p. 350, Eff. 4/29/83.

23.3.146   DRIVERS OF GOVERNMENT VEHICLES
(1) The Uniform Vehicle Code exempts drivers of government vehicles from the requirement of obtaining state driver licenses for the purpose of operating government vehicles.   However, this shall not apply to a government employee operating a vehicle not owned or leased by the United States government.
History: 44-1-103, MCA; IMP, 61-5-104, MCA; Eff. 12/31/72.

23.3.147   IDENTIFICATION CARDS

(1) A person who is a Montana resident and who is not the holder of a valid driver's license from a jurisdiction other than Montana may apply for an identification card.

(2) An identification card applicant must appear in person at a Montana driver's examination station, submit a completed application, on a form prescribed by the department, and provide proof of his or her identity and date of birth in accordance with ARM 23.3.131 and proof of Montana residence in accordance with ARM 23.3.130. If the applicant has separate mailing and residence addresses, both addresses must be included on the application.

(3) Except as provided in (4) and (5), the fee for an identification card is $8. A receipt for payment of the fee is valid to obtain an identification card for a period of 12 months.

(4) An identification card applicant who presents a discharge certificate or parole order from a Montana state correctional facility showing release within a 60-day period immediately prior to application is entitled to one free identification card upon initial release.

(5) An identification card applicant who is certified by the Department of Public Health and Human Services as a person with a disability in accordance with the Montana Persons with Disabilities Employment Preference Act, is entitled to a free identification card upon completion of an otherwise proper application.

(6) A duplicate identification card will not be issued if a card is lost or destroyed or the personal information on the card has changed. However, the individual may apply for a new identification card.

(7) If an identification card applicant already has a Montana driver's license, the personal information submitted for the identification card must be identical to the personal information contained in the driver record maintained by the department for the applicant.

(8) Identification cards must be canceled upon evidence that the cardholder submitted incomplete or false information to the department on the identification card application or was convicted of an offense under 61-5-302, MCA.

History: 61-12-502, MCA; IMP, 61-12-501, 61-12-502, 61-12-504, MCA; Eff. 12/31/72; AMD, Eff. 12/5/76; AMD, 2000 MAR p. 2524, Eff. 9/22/00; AMD, 2002 MAR p. 1316, Eff. 4/26/02; AMD, 2013 MAR p. 1522, Eff. 8/23/13.

23.3.148   RELEASE OF DRIVING RECORDS FOR CONSUMER REPORTS AND SINCLE USE RESTRICTION

(1) A record of an individual driver held by the Motor Vehicle Division may be released for the purpose of consumer report in compliance with 31-3-111, MCA.

(2) When an authorized requestor pays a statutorily specified fee to receive any record or abstract created or retained by the department in accordance with 61-11-102, MCA, the authorized requestor may only use the record or abstract received for a single purpose, which may include disclosure of that record or abstract to one person or business entity. The same record or abstract may not be used for a different purpose or supplied or disclosed to a different person or business entity unless a separate request for the record or abstract has been made by the authorized requestor and the statutorily specified fee for that request has been paid.

History: 44-1-103, 61-11-516, MCA; IMP, 44-1-103, 66-11-102, 66-11-516, MCA; NEW, Eff. 10/5/75; AMD, 1983 MAR p. 350, Eff. 4/29/83; AMD, 2010 MAR p. 2213, Eff. 9/24/10.

23.3.149   DUPLICATE LICENSES
(1) In the event that a person's driver's license, commercial driver's license, instruction permit or traffic education learner license is lost or destroyed or the personal information on the license or permit is no longer accurate, the person must submit a written application for a duplicate license or permit, present proof of the person's identity in accordance with (2) , and pay the fee specified in 61-5-114, MCA.

(2) At the time of application, the identity of the applicant must be verified as follows:

(a) except as provided in (2) (b) , an applicant appearing in person at a driver's license exam station must present one primary document and one secondary document as listed in ARM 23.3.131 to confirm the applicant's name and date of birth;

(b) if the most recent digital image of the applicant as maintained in department records is readily accessible on-line at the driver's license exam station and department personnel at the exam station, by visual observation, ascertain that the physical features and characteristics of the applicant appearing in person at the exam station match, or are reasonably comparable to, the image and descriptions contained in the department record, the applicant must present one secondary document as listed in ARM 23.3.131 to confirm the applicant's name; or

(c) if a duplicate license application is submitted by mail or telefax, the applicant must include a passport-style photograph of the applicant and a facsimile or photocopy of one primary document and one secondary document as listed in ARM 23.3.131 with the application.

(3) A duplicate license application may be rejected if the applicant's identity and date of birth cannot be determined, proper documentation is not presented or submitted or the required fee is not paid.

History: Sec. 61-5-114, MCA; IMP, Sec. 61-5-114, MCA; NEW, 1983 MAR p. 350, Eff. 4/29/83; AMD, 2002 MAR p. 1896, Eff. 4/26/02.

23.3.150   REJECTION OF DOCUMENTS; TRANSLATION OF FOREIGN-LANGUAGE DOCUMENTS
(1) The department will not accept a document as proof of identity, age, social security number, or residence if there is reason to believe it has been altered, fraudulently obtained, or is fake, forged, counterfeit, or otherwise non-genuine or illegitimate.   In addition to the documents listed in ARM 23.3.129, 23.3.130, and 23.3.131, the department may require additional documentation if there is reason to suspect that fraudulent, fake, forged, altered, otherwise non-genuine or illegitimate documents have been submitted.

(2) A document in a language other than English may be submitted to the department by an applicant as proof of identity, full legal name, date of birth, or residence if:

(a) the document is accompanied by a translation of that document into the English language;

(b) the translation is sworn to by the translator as being a true and accurate translation;

(c) the translator is not related by blood or marriage to the applicant; and

(d) the translator is either:

(i) certified by the American translators association;

(ii) certified by a court of competent jurisdiction;

(iii) approved by an embassy or consulate of the United States or diplomatic or consular official of a foreign country assigned or accredited to the United States;

(iv) affiliated with or approved by the US department of justice, immigration and naturalization service, or a government jurisdiction within the US; or

(v) an attorney licensed to practice in the US.

History: Sec. 61-5-125, MCA; IMP, Sec. 61-5-103, 61-5-105, 61-5-107, 61-5-111, MCA; NEW, 2000 MAR p. 2524, Eff. 9/22/00.

23.3.151   PROCEDURES AND STANDARDS FOR MOTORCYCLE EXAMINATION AND LICENSING
Examiners shall follow the procedures and standards for the examination and licensing of motorcyclists contained in ARM 23.3.152 through 23.3.160.
History: Sec. 44-1-103, MCA; IMP, 61-5-101, et seq. , MCA; NEW, Eff. 3/8/76.

23.3.152   ORDER OF STEPS IN EXAMINATION
An examiner shall conduct the motorcyclist's examination in the following order:

(1) Ask preliminary questions and have applicant complete necessary forms.

(2) Determine that applicant is currently licensed as a Montana operator or chauffeur.

(3) Give motorcycle endorsement examination (written test) . (Oral for illiterates.) If applicant fails any portion of this test, list the station, date, initial and note the number of test failed, and list on the original copy of the motorcycle endorsement receipt. The applicant must understand that the receipt is not a motorcycle endorsement.

(4) Give driving test. The written test must be completed satisfactorily before conducting either part of the driving test. If requested or if either portion of the driving test is failed, sign and issue motorcycle endorsement "Learner's License." Give skill portion of driving test first. If unsatisfactory, this portion does not count towards three time failure.

(5) Validate license or temporary license and issue to applicant.

History: Sec. 44-1-103, MCA; IMP, 61-5-101 et seq. , MCA, NEW, Eff. 3/8/76; AMD, Eff. 12/5/76.

23.3.153   MOTORCYCLE ENDORSEMENT INSTRUCTION PERMIT

(1) The motor vehicles division may, in its discretion, after the applicant has successfully passed all parts of the motorcycle endorsement examination other than the driving test, issue to the applicant a motorcycle endorsement instruction permit, which entitles the applicant, while having the permit in his immediate possession, to drive his motorcycle on public highways for a period of 6 months when under the immediate and proximate control of a licensed operator or chauffeur who has a motorcycle endorsement.

(2) A permit holder is under the immediate and proximate control of a licensed operator or chauffeur who has a motorcycle endorsement if the accompanying driver can see the permit holder, and is 300 feet or less from the permit holder operating his motorcycle.

History: Sec. 44-1-103, MCA; IMP, 61-5-101 et seq. , MCA; NEW, Eff. 12/5/76.

23.3.154   MOTORCYCLE ENDORSEMENT WRITTEN EXAMINATION

(1) No person may receive a motorcycle endorsement unless he can satisfactorily answer questions on motorcycle operation, highway laws and regulations in written or oral form.

(2) Illiterates must be examined orally by having examiner state the questions on the motorcycle endorsement examination.

(3) Applicants who are observed cheating on the examination must immediately be disqualified on that portion of the examination.

(4) The maximum score for motorcycle endorsement examination is 100%. For each incorrectly marked answer, five points will be deducted. The minimum passing score is 75%.

History: Sec. 44-1-103 MCA; IMP, 61-5-101 et seq. MCA; NEW, Eff. 3/8/76.

23.3.155   MOTORCYCLE ENDORSEMENT SKILL EXAMINATION
Each applicant for a motorcycle endorsement must complete a "skill" examination as follows:

(1) Vehicle check and equipment identification. The following items must be checked at the beginning of each skill test. The applicant must demonstrate reasonable skill in the ability to locate and identify controls.

(a) Headlights (bright and dim) ;

(b) Signal lights (front and rear, if equipped) ;

(c) Brake light;

(d) License plate light;

(e) Muffler;

(f) Tires (visually) ;

(g) Check and record motorcycle license number. (If no plate or sticker, no test. If foreign plate, or new or newly purchased motorcycle, proceed with test.) ;

(h) Brakes;

(i) Horn;

(j) Clutch;

(k) Shift mechanism;

(1) Fuel shut-off;

(m) Choke;

(n) Throttle; and

(o) Light switch.

Test must be refused if in the examiner's opinion the brakes are unsafe or sufficient other items malfunction to make the

motorcycle unsafe to operate.

(2) Applicant completes one of the following three driving tests depending on the facilities available to the examining officer.

(a) Applicant drives the "Serpentine" going as slowly as possible. Applicant may turn at far end by any method convenient, as long as control and balance are maintained. From a stop, opposite the last guard cone, applicant drives a straight line through triangle and comes to a complete stop, with front wheel between two cones on near end. During the straight drive, applicant must shift from low to second and back to low using the clutch.

(b) Applicant completes Motorcycle Operator Skill Test (MOST) . This test consists of nine (9) exercises, which require the applicant to drive through a course and complete the following skill tests:

1) Starting and moving up a hill

     2) Making a sharp turn

     3) Accelerating in a turn

     4) Slowing in a turn

     5) Coming to a normal stop

     6) Turning speed selection

     7) Quick stop on a straightaway

     8) Obstacle turn

     9) Quick stop on a curve

The examiner will give specific instructions on the requirements of each test.

(c) Applicant completes a modified Motorcycle Operator Skill Test (AL-MOST) . This test consists of eight (8) exercises, the first of which is handled in (1) above. The remaining seven (7) skill tests are as follows:

     1) Upshifting/Downshifting skills

     2) Making a sharp left turn

     3) Coming to a normal stop

     4) Negotiating an off-set cone weave

     5) Making a "U" turn

     6) Coming to a quick stop

     7) Obstacle turn

The examiner will give specific instructions on the requirements of each test.

(3) No passenger is permitted during any portion of the examination.

History: Sec. 44-1-103 MCA; IMP, 61-5-101 et seq. , 61-5-110, MCA; NEW, Eff. 3/8/76; AMD, 1982 MAR p. 600 Eff. 3/26/82.

23.3.156   MOTORCYCLE ENDORSEMENT TRAFFIC EXAMINATION

(1) If the applicant is administered the test outlined in 23.3.155(2) (a) , above, a traffic examination must also be taken. Traffic examinations will be given regardless of weather if the applicant consents. If the applicant requests a postponement, permit it, holding the test as incomplete.

(2) If the applicant has a minor accident and does not appear to be upset, direct him to drive back to the starting point. If the applicant appears to be the least upset or major damage has occurred, direct him to make arrangements for someone to remove the motorcycle for him or to have the motorcycle towed away for repair.

(3) If an accident involves another car or a pedestrian, or if the damage amounts to more than $25 to the applicant's motorcycle, have him complete and submit to you an accident report, listing you as a witness.

(4) If an applicant violates a law on the road test, such as running through a stop light, fail him but do not cite him. Because a purpose of the road test is to determine whether the applicant knows the laws, he is presumed not to have violated the law purposely.

History: Sec. 44-1-103 44-1-103 MCA; IMP, 61-5-101 et seq. , 61-5-110, MCA; NEW, Eff. 3/8/76; AMD, 12/5/76; AMD, 1982 MAR p. 600, Eff. 3/26/82.

23.3.157   SKILL EXAMINATION DESCRIPTION AND SCORING

The skill tests discussed above in 23.3.155(2) (b) and (c) are administered and scored according to standards set out in the Motorcycle Operator Skill Test (MOST II) User's Manual, July 1980 edition, available upon request from the Department of Justice, Motor Vehicle Division, Driver Services, Room 253, Scott Hart Building, 303 Roberts, Helena, Montana 59620. The following are the requirements and scoring for the skill examination discussed in 23.3.155(2) (a) :

(1) Proper clothing:

(a) Boots, long pants, no shirt, helmet..............................................................................4 points

(b) Boots, shirt, cut-offs, helmet.........................................................................................4 points

(c) Cut-offs, no shirt, no shoes...........................................................................................8 points

(2) Understanding controls:

(a) Readily explains and understands controls................................................................0 points

(b) Understands and identifies major controls

only.............................................................................................................................................4 points

(c) Does not identify one or more major

controls.......................................................................................................................................8 points

(3) Starting:

(a) Key-on position..............................................................................................................0 points

(b) Key-off position..............................................................................................................2 points

(c) Bike in gear and clutch engaged (Key-on

position) ......................................................................... ...........................................................4 points

(4) Clutch:

(a) Smooth acceleration and engaging of

clutch...........................................................................................................................................0 points

(b) Smooth acceleration, jerky engagement of

clutch...........................................................................................................................................4 points

(c) Excessive motor r.p.m., slipping or

releasing clutch too fast causing bucking or stall...................................................................8 points

(5) Stall:

(a) No Stall............................................................................................................................0 points

(b) Too low r.p.m., releases clutch smooth........................................................................2 points

(c) Stalls motor repeatedly.................................................................................2 points each stall

(6) Shifting:

(a) Fully completes up and down shift................................................................................0 points

(b) Completes up shift only..................................................................................................4 points

(c) Does not complete up shift............................................................................................8 points

(7) Balance:

(a) Does not use feed except on end turn..........................................................................0 points

(b) Uses feed for balance once on serpentine or

one on pinch cones.....................................................................................................................4 points

(c) Uses feet for balance throughout skill

test...............................................................................................................................................8 points

(8) Steering ability:

(a) Completes serpentine, does not strike cones,

makes end turn without difficulty, does not strike cones

on shift and stop segment. (Pinch cones may be struck

by anything other than wheels) .................................................................................................0 points

(b) Strikes any serpentine cone, or cannot

easily make end turn, or strikes pinch cone or

stop cone with front wheel.........................................................................................................2 points

(c) Any combination of items in (b) ....................................................................................4 points

(9) Judgment of distance:

(a) Does not strike cones, allows

sufficient room for end turn........................................................................................................0 points

(b) Strikes cone on either course or

does not allow room for end turn.............................................................................................4 points

(c) Strikes more than one cone on either

course and does not allow room for end turn.........................................................................8 points

(10) Use of brake:

(a) Makes successful complete stop.................................................................................0 points

(b) Uses brake unnecessarily or does not

complete successful stop..........................................................................................................6 points

(c) Rides brake throughout course.....................................................................................3 points

(d) Uses front wheel brake only when

required to stop..........................................................................................................................6 points

(11) Stop:

(a) Stops with front wheel in cones......................................................................................0 points

(b) Stops 6 inches or more from cones

(either side) ................................................................................................................................3 points

(c) Stops 12 inches or more from cones

(either side) ................................................................................................................................6 points

(12) Any loss of control of the motorcycle that results in a fall or leaving the skill test area is scored as a dangerous action.

History: Sec. 44-1-103 MCA; IMP, 61-5-101, et seq. , 61-5-110, MCA; NEW, Eff. 3/8/76; AMD, 1982 MAR p. 600, Eff. 3/26/82.

23.3.158   TRAFFIC EXAMINATION DESCRIPTION AND SCORING

The traffic examination required under 23.3.156(1) uses a basic figure eight test pattern. The examiner follows the applicant. Following are the requirements and scoring for

the traffic examination:

(1) Judgment of conflicting traffic:

(a) Complete awareness of all traffic

around him, apparent knowledge of how to handle

traffic situation should one arise................................................................................0 points

(b) Aware only of traffic immediately

ahead of him................................................................................................................4 points

(c) Aware only of the immediate operation

of motorcycle, and disregarding all traffic

around him...................................................................................................................8 points

(2) Right of way, pedestrian or vehicle: Same as operator's road test (ARM 23.3.124(18) ) .

(3) Balance:

(a) Maintains good balance throughout

test................................................................................................................................0 points

(b) Use of feet one time to maintain

balance--other than when stopping...........................................................................4 points

(c) Use of feet more than one time to

maintain balance--other than when stopping...........................................................8 points

(4) Steering control:

(a) Maintains complete steering control

throughout traffic test..................................................................................................0 points

(b) Wanders, slightly, in correct traffic

lane, or has difficulty making turns............................................................................4 points

(c) Wanders all over correct traffic lane

and/or has great difficulty making turns....................................................................8 points

(5) Lane usage:

(a) Uses correct portion of correct traffic

lane...............................................................................................................................0 points

(b) Uses incorrect portion of traffic lane, or rides

from one side of traffic lane to

other side.....................................................................................................................4 points

(c) Continually switching traffic lanes,

and uses incorrect portion of traffic lane...................................................................8 points

(6) Use of brake:

(a) Correct use of rear and/or front brakes

when required to stop..................................................................................................0 points

(b) Unnecessary use of brakes when more

practical to down shift..................................................................................................4 points

(c) Excessive use of brakes, or use of

front brake only.............................................................................................................8 points

(7) Stall: Same as skill examination (ARM 23.3.157(5) ) .

(8) Clutch: Same as skill examination (ARM 23.3.157(4) ) .

(9) Following and overtaking: Same as operator's road

test. (ARM 23.3.124(17) ) .

(10) Stop sign or light: Same as operator's road test. (ARM 23.3.124(9) ) .

(11) Shifting: Same as skill examination. (ARM 23.3.157(6) ) .

(12) Attention to driving: Same as operator's road test. (ARM 23.3.124(15) ) .

(13) Turns: Same as operator's road test (ARM 23.3.124(5) and (6) ) .

(14) Scoring the traffic examination. Each item must be graded separately and compounded. In other words, each turn, stop, intersection, etc. is a separate part of the test and should be so graded. If an applicant makes an improper maneuver more than once, he must be graded for each error. For example, if an applicant creeps through a stop sign constituting a four point deduction, and at the next stop sign repeats the error, the examiner would deduct another four points.

(15) Causes for disqualifications. If any of the following conditions are met the driver is disqualified. The road test must be discontinued. If a return to the starting point of the test might be hazardous, the vehicle must be left in a safe place, pending arrangements for its removal.

(a) Accident, however slight: Any contact with another vehicle, any contact with a pedestrian except from the pedestrian's intention, or any contact with fixed objects.

(b) Dangerous action: Any action that would cause a driver or a pedestrian to take defensive action, stalls motorcycle in middle of busy intersection, or drives one or more wheels over curb or onto sidewalk.

(c) Clear violation of any traffic law: Any action for which a driver must be arrested.

(d) Lack of cooperation or refusal to perform:   Offers

bribe or gratuity', refuses to try to do any maneuver or

states "I cannot do that," accuses examiner of discriminating

against him.

(e) Various or repeated minor mistakes: Causes the deduction of more than the permitted number of points on the traffic examination score.

History: Sec. 44-1-103 MCA; IMP, 61-5-101 et seq. , 61-5-110, MCA; NEW, Eff. 3/8/76; AMD, Eff. 12/5/76; AMD, 1982 MAR p. 600, Eff. 3/26/82.

23.3.159   INCOMPLETE EXAMINATION
  An examination may be incomplete with the applicant neither passing nor failing. He may not pass until he has successfully completed each part of the examination separately. He must fail as soon as he demonstrates he is unable to pass. The examination is incomplete, therefore, when it is discontinued for some reason other than the applicant's lack of ability. For example, when a motorcycle runs out of gas, has a puncture or otherwise fails to function during the traffic examination, the examination is discontinued, but the driver is not disqualified.
History: Sec. 44-1-103 MCA; IMP 61-5-101 et seq. MCA; NEW, Eff. 3/8/76.

23.3.160   TIME LIMIT ON SECOND AND SUBSEQUENT EXAMINATIONS
A written examination may not be given to an applicant more than once in each day. A traffic examination may not be given more than once in every 7 days.
History: Sec. 44-1-103 MCA; IMP, 61-5-101 et seq. MCA; NEW, Eff. 3/8/76.

23.3.171   PURPOSE

(1) The purpose of these rules is to establish the various requirements for the issuance, replacement, or renewal of a REAL ID compliant driver's license or identification card.

 

History: 61-5-125, 61-5-128, MCA; IMP, 61-5-128, 61-5-129, MCA; NEW, 2018 MAR p. 1956, Eff. 10/6/18.

23.3.172   DEFINITIONS

(1) "AAMVA" means the American Association of Motor Vehicle Administrators.

(2) "Applicant" means any individual applying to the department for a Montana credential.

(3) "Authorized presence" means an individual who is a U.S. citizen or who is a foreign national admitted for permanent or temporary residence in the United States.

(4) "Certified birth certificate" means a copy of the whole or part of a record of birth registered with the state that the state considers to be the same as the original record of birth on file with the state Office of Vital Statistics or equivalent government agency in an applicant's state of birth.

(5) "Credential" means any department-issued driver's license, driver permit, or identification card that contains the applicant's full legal name, digital photograph, date of birth, and address. This definition excludes department-issued employee identification cards.

(6) "Department" means the Montana Department of Justice.

(7) "DHS" means the United States Department of Homeland Security.

(8) "Employee identification card" means an identification card issued by the department for identification of employees of an entity without proving identity.

(9) "Exception processing" means the procedure the department has established for persons who are unable, for reasons beyond their control, to present all necessary documents and must rely on alternative documents to establish identity, date of birth, and authorized presence. Alternative documents to demonstrate authorized presence are only allowed to demonstrate U.S. citizenship.

(10) "First name" means the name that appears first in an individual's full name or is the individual's first given name.

(11) "Foreign national" means an individual who is in the United States and is not currently a citizen.

(12) "Full legal name" means the applicant's first name, middle name(s), and last name, without the use of initials or nicknames, as it appears on the applicant's presented source documents.

(13) "Identification card" means a credential issued by the department but that does not permit the individual to operate a motor vehicle.

(14) "Identity" means any information which can be used to distinguish or trace an individual, such as their name, driver's license or identification card, social security number, biometric record, including physical characteristics or a photograph or digital image, or signature; alone, or when combined with other personal or identifying information, which is linked or linkable to a specific individual, such as a date and place of birth or address.

(15) "Last name" means the final name or surname on a primary document. When the final two names are connected with a hyphen, it is both names connected by the hyphen.

(16) "Mailing address" means the postal address where the individual receives mail.

(17) "Middle name" means the name or names between the individual's first name and last name.

(18) "Montana resident" means an individual who resides in Montana as determined under 1-1-215, MCA.

(19) "Nonresident" means an individual who is not a Montana resident.

(20) "Permanent resident status" means a foreign national whose authority to lawfully remain in the United States is permanent.

(21) "REAL ID Driver's License or Identification Card" means a driver's license or identification card that has been issued by a state that has been certified by the DHS to be in compliance with the requirements of the REAL ID Act and accompanying regulations, including limited-term driver's licenses or identification cards.

(22) "Residency" means the physical address of where an individual lives.

(23) "SAVE" means the Department of Homeland Security Systematic Alien Verification for Entitlements system.

(24) "Source document" means an original document certified by the issuing agency, an amended original document certified by the issuing agency, or a true copy certified by the issuing agency, excluding miniature, wallet sized, or photocopies of documents.

(25) "SSA" means the Social Security Administration

(26) "SSN" means the Social Security Number issued to an individual by the SSA.

(27) "SSOLV" means Social Security Online Verification managed by the Social Security Administration.

(28) "State" means a state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

(29) "Temporary lawful status" means a foreign national whose authority to lawfully remain in the United States is temporary.

(30) "United States citizen" means an individual who is either a natural born citizen or who has lawfully become a citizen of the United States under the U.S. Constitution and laws.

(31) "United States passport" means a passport booklet or card issued by the U.S. Department of State that denotes identity and citizenship as determined by the U.S. Department of State. 

 

History: 61-5-125, 61-5-128, MCA; IMP, 61-5-128, 61-5-129, MCA; NEW, 2018 MAR p. 1956, Eff. 10/6/18.

23.3.173   DECLARATION

(1) Each applicant shall declare under penalty of perjury that the information submitted on their application is true and correct in a format approved by the department.


History: 61-5-125, 61-5-128, MCA; IMP, 61-5-128, 61-5-129, MCA; NEW, 2018 MAR p. 1956, Eff. 10/6/18.

23.3.174   SOURCE DOCUMENTS

(1) When applying for a credential, the applicant shall provide source documents verifying proof of legal name, date of birth, social security number, authorized presence, and Montana residency. 

(2) All documents presented must be legible and unaltered from the original (for example, no lamination, hand-writing, or hole punch), or a copy certified by the issuing agency.

(3) An applicant shall appear in person to apply for a REAL ID credential for the first time.

 

History: 61-5-125, 61-5-128, MCA; IMP, 61-5-128, 61-5-129, MCA; NEW, 2018 MAR p. 1956, Eff. 10/6/18.

23.3.175   SOURCE DOCUMENT TRANSLATION PROCESS

(1) All documents submitted to the department by the applicant must be in English or have been translated into English.

(2) The original and corresponding translated documents must be presented together at the time of application.

(3) All translated documents must have the following signed declaration included at the end, or of substantially similar wording (must be typed or electronically printed on the same page as the translation, not on separate pieces of paper or the translation will not be accepted by the department):

(a) "I, [insert printed translator's full name], declare under penalty of perjury that: (1) the translation is a complete and accurate translation from [insert foreign language] to the English language to the best of my ability. (2) I am fully competent to translate from [insert foreign language] to the English language and I am proficient in both languages."

(b) the number and state of issuance of the translator's unexpired driver's license, instruction permit, or identification card.

(c) translator's signature.

(d) date of translation.

(4) All translated documents and information required under this rule must be included in the applicant's driver record.

(5) Applicants are responsible for all translation costs.

 

History: 61-5-125, 61-5-128, MCA; IMP, 61-5-128, 61-5-129, MCA; NEW, 2018 MAR p. 1956, Eff. 10/6/18.

23.3.176   TRANSLATOR REQUIREMENTS

(1) A translator shall be:

(a) certified by the American Translators Association;

(b) approved by an embassy or consulate of the United States or diplomatic or consular official of a foreign country assigned or accredited to the United States;

(c) affiliated or approved by the DHS, or other U.S. government agency;

(d) an attorney licensed to practice in the U.S.; or

(e) an individual approved by the department at a regional manager level or above.

(2) A translator shall not be related by blood or marriage to the applicant, except as authorized by the department at a regional manager level or above.

 

History: 61-5-125, 61-5-128, MCA; IMP, 61-5-128, 61-5-129, MCA; NEW, 2018 MAR p. 1956, Eff. 10/6/18.

23.3.177   PROOF OF NAME AND DATE OF BIRTH

(1) When applying for a REAL ID driver's license or identification card, each applicant shall submit one of the following primary source documents to prove full legal name and date of birth:

(a) certified U.S. birth certificate;

(b) valid, unexpired U.S. passport;

(c) consular report of birth abroad issued by the U.S. Department of State, Form FS-240, DS-1350, or FS-545;

(d) certificate of naturalization issued by DHS, Form N-550 or Form N-570;

(e) certificate of citizenship, Form N-560 or Form N-561, issued by DHS;

(f) valid, unexpired permanent resident card, Form I-551, issued by DHS;

(g) valid, unexpired REAL ID driver's license;

(h) valid, unexpired REAL ID identification card;

(i) unexpired employment authorization document issued by DHS, Form I-766 or Form I-688B; or

(j) unexpired foreign passport with a valid, unexpired U.S. visa affixed accompanied by the approved I-94 form documenting the applicant's most recent admittance into the United States or an I-551 stamp.

 

History: 61-5-125, 61-5-128, MCA; IMP, 61-5-128, 61-5-129, MCA; NEW, 2018 MAR p. 1956, Eff. 10/6/18.

23.3.178   ESTABLISHMENT OF NAME

(1) The department shall use the full legal name as recorded on the presented primary source document, unless: 

(a) the applicant submits one or more documents specified in ARM 23.3.190 verifying a name change; or

(b) the name has been truncated according to (2).

(2) The department shall use the applicant's full legal name on the credential unless the name must be truncated to fit in the available space. The department will apply the AAMVA 2016 card design standards for truncation.

(3) The department shall:

(a) record the individual's last name. If an individual has only one name, the department shall record the name as the individual's last name.

(b) only record hyphenations if the name is hyphenated on the presented primary source document.

(c) record a personal name suffix only if it appears in the presented primary source document (for example, "Jr." or "III").

(d) not record address titles (for example, "Ms." or "Dr.").

(e) not record an individual's first name if it is unknown.

(f) not record professional or academic name suffixes (for example, "Esq." or "MBA"). 

 

History: 61-5-125, 61-5-128, MCA; IMP, 61-5-128, 61-5-129, MCA; NEW, 2018 MAR p. 1956, Eff. 10/6/18.

23.3.179   ESTABLISHMENT OF NAME OTHER THAN THE NAME THAT APPEARS ON THE PRIMARY SOURCE DOCUMENT

(1) When an applicant wants to establish a name other than the name that appears on the primary source document, the individual shall present one of the listed documents proving the name change. There must be evidence of the name change on the presented document.

(2) An applicant shall submit one of the following documents by a government agency or court to prove a name change because of a marriage, common law marriage, or domestic partnership:

(a) marriage license;

(b) certificate of marriage;

(c) declaration of marriage;

(d) domestic partnership registration; or

(e) an equivalent documentation of marriage or domestic partnership from the issuing government jurisdiction.

(3) The department cannot accept an affidavit of common law marriage to prove a name change.

(4) An applicant shall submit one of the following documents to prove a name change because of a divorce or dissolution from a court of competent jurisdiction:

(a) dissolution of marriage decree;

(b) divorce decree; or

(c) an equivalent documentation of a dissolution.

(5) An applicant shall submit one of the following documents to prove a name change by other means:

(a) court order from a court of competent jurisdiction granting a name change;

(b) certificate of naturalization issued by DHS, Form N-550 or Form N-570; or

(c) certificate of citizenship issued by DHS.

(6) All documents presented must be certified by the issuing agency.

 

History: 61-5-125, 61-5-128, MCA; IMP, 61-5-128, 61-5-129, MCA; NEW, 2018 MAR p. 1956, Eff. 10/6/18.

23.3.180   SOCIAL SECURITY NUMBER

(1) Individuals who apply for a REAL ID compliant credential shall present their SSA card.

(2) If an SSA card is not available, the individual may present any of the following documents bearing the applicant's name and SSN:

(a) W-2 form;

(b) SSA-1099 form;

(c) non-SSA-1099 form; or

(d) pay stub.

(3) Individuals who present an unexpired foreign passport shall present a SSN or demonstrate non-work authorized status.

(4) The department shall verify the SSN with the SSA or through another method approved by DHS. The department cannot issue a REAL ID credential to an applicant until the information is verified with SSA.

 

History: 61-5-125, 61-5-128, MCA; IMP, 61-5-128, 61-5-129, MCA; NEW, 2018 MAR p. 1956, Eff. 10/6/18.

23.3.181   CHANGE TO NAME, DATE OF BIRTH, OR SOCIAL SECURITY NUMBER

(1) If there is any change to the applicant's name, date of birth, or social security number, after the department issues a credential to an applicant, the department shall not issue a new credential, a replacement, or renew the credential unless the applicant appears in person and submits proof of the change.

(a) The department cannot issue a REAL ID credential to an applicant until the information is verified with SSA.

(2) The applicant shall pay the associated fees for either a new issuance, replacement, or renewal to receive a credential with the name as demonstrated on the presented documents.

 

History: 61-5-125, 61-5-128, MCA; IMP, 61-5-128, 61-5-129, MCA; NEW, 2018 MAR p. 1956, Eff. 10/6/18.

23.3.182   PROOF OF AUTHORIZED PRESENCE

(1) When applying for a REAL ID driver's license or identification card, each applicant shall present satisfactory evidence of authorized presence.

(2) It is satisfactory evidence of authorized presence when the applicant submits one of the following primary source documents:

(a) certified U.S. birth certificate;

(b) valid, unexpired U.S. passport;

(c) consular report of birth abroad issued by the U.S. Department of State, Form FS-240, DS-1350, or FS-545;

(d) certificate of naturalization issued by DHS, Form N-550 or Form N-570;

(e) certificate of citizenship, Form N-560 or Form N-561, issued by DHS; or

(f) valid, unexpired permanent resident card, Form I-551, issued by DHS.

(3) Secondary source document. If an applicant submits a primary source document not listed in (2), the applicant must also submit:

(a) a second document from ARM 23.3.177; or

(b) documentation issued by DHS or other federal agencies demonstrating lawful status.

(4) The department shall complete all required document verifications.


History: 61-5-125, 61-5-128, MCA; IMP, 61-5-128, 61-5-129, MCA; NEW, 2018 MAR p. 1956, Eff. 10/6/18.

23.3.183   PROOF OF MONTANA RESIDENCY

(1) When applying for a REAL ID driver’s license or identification card, each applicant shall submit satisfactory evidence of Montana residency (physical address).

(2) If the applicant has a different mailing address than residency (physical address), the applicant shall provide a separate mailing address.

(3) The Montana residency address must be displayed on the credential except that an alternative address may be displayed for an applicant whom a statute, regulation, or department business standard permits the display of an alternative address.

(4) The residency of an unmarried minor is:

(a) the residency of the minor's parents or parent;

(b) the residency of the legal guardian or custodian appointed by a court of competent jurisdiction;

(c) as determined by district court order; or

(d) as approved by the department.

(5) The residency of a married minor is the minor's residency.

(6) The residency of an emancipated minor is the minor's residency.

(7) The residency address must be:

(a) the number and street name assigned for U.S. mail delivery;

(b) an address convention used by the U.S. postal service in areas where a number and street name have not been assigned; or

(c) a descriptive address of the location where the applicant resides (for example, under the west end of the east street bridge) if the applicant does not have a standard address or is homeless.

(8) The document must show the applicant's name and current residency.

(9) Each applicant shall establish residency by submitting two documents from the following list:

(a) valid Montana credential;

(b) valid Montana REAL ID credential;

(c) expired Montana credential;

(d) expired Montana REAL ID credential;

(e) a Montana hunting or fishing license or permit;

(f) utility bill;

(g) credit card statement;

(h) school transcript or report card;

(i) bank statement;

(j) mortgage document;

(k) rental agreement or rent receipt;

(l) insurance policy;

(m) tax document;

(n) pay stub;

(o) vehicle registration or title;

(p) voter registration;

(q) phone bill;

(r) federally recognized tribal identification;

(s) Montana recognized tribal identification;

(t) certified court documents (for example, court order, judgment, subpoena, warrant); or

(u) first class mail with postmark.

(10) If the applicant is homeless, the applicant shall submit:

(a) a separate mailing address;

(b) a written statement from a social service agency on the agency's letterhead verifying the applicant's homeless status and the descriptive address given by the applicant.

 

History: 61-5-125, 61-5-128, MCA; IMP, 61-5-128, 61-5-129, MCA; NEW, 2018 MAR p. 1956, Eff. 10/6/18.

23.3.184   EXCEPTION PROCESS

(1) Applicants who, for reasons beyond their control, are unable to present all necessary documents may request that the department issue a REAL ID credential through an exception process.

(2) If an exception is necessary, an applicant shall request an exception in writing on a form approved by the department and provide alternative documents.

(3) Alternative documents to demonstrate authorized presence will only be allowed to demonstrate U.S. citizenship.

(4) The request for an exception must be reviewed by the department. The department shall make reasonable efforts to establish the authenticity of the alternative documents at the time they are submitted.

(5) If the department grants an exception, the department shall note this decision on the driver record.

 

History: 61-5-125, 61-5-128, MCA; IMP, 61-5-128, 61-5-129, MCA; NEW, 2018 MAR p. 1956, Eff. 10/6/18.

23.3.185   DOCUMENT VERIFICATION REQUIREMENTS

(1) For foreign nationals, the department shall verify the authenticity of the document through the SAVE system or alternative methods approved by DHS. 

(2) The department shall verify social security numbers with SSA or through another method approved by DHS.

(3) The department shall verify the authenticity of U.S. passports through the U.S. passport verification system.

(4) If the documents presented do not appear authentic, the data does not match, and the use of an exception process is not warranted, the department shall not issue a credential and refer the applicant to the issuing office for resolution.

 

History: 61-5-125, 61-5-128, MCA; IMP, 61-5-128, 61-5-129, MCA; NEW, 2018 MAR p. 1956, Eff. 10/6/18.

23.3.186   DENIAL OF APPLICATIONS

(1) The department may delay issuing a credential to verify any document presented by an applicant.

(2) The department shall deny an application if the applicant presents fraudulent or altered documents or commits any other fraud in the application process.


History: 61-5-125, 61-5-128, MCA; IMP, 61-5-128, 61-5-129, MCA; NEW, 2018 MAR p. 1956, Eff. 10/6/18.

23.3.187   FULL FACIAL DIGITAL PHOTOGRAPH

(1) The department shall take a full facial photograph of the applicant and place it on the front of the credential.

(a) The applicant shall remove all head coverings.

(b) The applicant shall not wear eyewear that obstructs the iris or pupil of the eyes and shall not take any action to obstruct a photograph of their facial features.

(2) The department shall:

(a) ensure lighting is equally distributed on the face;

(b) ensure that the head from crown to the base of the chin and from ear-to-ear is clearly visible and free of shadows;

(c) ensure where possible, that there are no dark shadows in the eye-sockets due to the brow and that the iris and pupil are clearly visible; and

(d) take care to avoid "hot spots" (bright areas of light shining on the face).

(3) An applicant requesting to wear a head covering for religious purposes shall complete a statement under penalty of perjury on a form designated by the department.

(4) If the department grants a religious exception, but receives credible evidence that the applicant does not wear a religious head covering while in public, except when removal is necessary, the department shall cancel the credential.

(5) An applicant requesting to wear a head covering for medical reasons shall complete a statement under penalty of perjury on a form designated by the department.

(6) If the department grants a religious or medical exception, the applicant may wear a head covering that does not obscure any facial features. The exception must be noted on the driver record.

 

History: 61-5-125, 61-5-128, MCA; IMP, 61-5-128, 61-5-129, MCA; NEW, 2018 MAR p. 1956, Eff. 10/6/18.

23.3.188   FOREIGN NATIONAL WITH TEMPORARY AUTHORIZED PRESENCE

(1) The department may only issue a temporary or limited-term credential to a foreign national after verifying the individual's authorized presence in the United States.

(2) The department shall not issue a temporary or limited-term credential for a period longer than:

(a) the expiration of the applicant's authorized stay in the United States, or, if there is no expiration date, for a period longer than one year; and

(b) the maximum credential duration term.

(3) The department shall clearly indicate on the face of the credential that the license or card is a temporary or limited-term credential.

 

History: 61-5-125, 61-5-128, MCA; IMP, 61-5-128, 61-5-129, MCA; NEW, 2018 MAR p. 1956, Eff. 10/6/18.

23.3.189   PROHIBITION AGAINST HOLDING MORE THAN ONE REAL ID CREDENTIAL

(1) An individual may hold only one REAL ID credential. An individual cannot hold a REAL ID driver's license and a REAL ID identification card at the same time.

(2) An individual may hold at the same time:

(a) a REAL ID driver's license and a non-REAL ID identification card;

(b) a non-REAL ID driver's license and a REAL ID identification card;

(c) a non-REAL ID driver's license, a REAL ID identification card, and a non-REAL ID identification card; or

(d) a non-REAL ID driver's license and non-REAL ID identification cards at the same time.

(3) If the department confirms an individual holds a driver's license or identification card in another state, the department shall void the other state's credential and notify the other state to cancel the other state's credential.

 

History: 61-5-125, 61-5-128, MCA; IMP, 61-5-128, 61-5-129, MCA; NEW, 2018 MAR p. 1956, Eff. 10/6/18.

23.3.190   SOURCE DOCUMENT RETENTION

(1) The department shall retain copies of the application, declaration, and documents submitted to prove legal name, date of birth, social security number, authorized presence, and Montana residency. 

(2) The department must scan and retain the digital images for the retention period required under state law, but not less than ten years.

 

History: 61-5-125, 61-5-128, MCA; IMP, 61-5-128, 61-5-129, MCA; NEW, 2018 MAR p. 1956, Eff. 10/6/18.

23.3.201   DRIVER IMPROVEMENT COMMITTEE
  There is within the Motor Vehicles Division a Driver Improvement Committee consisting of an examiner, a commissioned officer and a lawyer for the Division. The Committee carries out the Division's duties relating to review of the denial, suspension, or revocation of an operator's or chauffeur's license, the imposition of probationary status on a driver, or the requirement of a driver's reexamination.
History: Sec. 44-1-103 MCA; IMP 61-5-201 et seq. MCA, Eff. 12/31/72; AMD, Eff. 12/5/76.

23.3.202   DRIVER REHABILITATION POINT SYSTEM

(1) The following point values are established for Driver Rehabilitation Program purposes, and discretionary actions pursuant to section 61-5-206(1) (b) are specified:

VIOLATION
CODE

DRIVER

REHABILITATION

POINTS 

DESCRIPTION OF OFFENSE

0020     12  Negligent homicide
1170
9014

6

Driving while privilege to do so is suspended or revoked
1140

 2

Operating with foreign driver's license when privilege suspended or revoked by the state.
5110     10 Driving while under the influence of intoxicating liquor (being in actual physical control)
5111     10 Driving while under the influence of any drug (narcotic or other)
4000

8

Failure to stop immediately at accident scene where person injured
4001

8

Failure to remain at accident scene where person injured
4002

8

Failure to stop immediately at scene where person killed
4003

8

Failure to remain at scene of accident where person killed
4022

8

Failure to render reasonable assistance to injured
4020

4

Failure to identify self and vehicle when involved in an accident.
4060

4

Failure to submit written report of accident within 10 days
5130

5

Holding a race or speed contest on highway without written permission of proper authority (state, county, or city)
4050

4

Fail to give notice of accident by quickest means
5131

5

Engaging in race or speed contest on public highway without written permission of proper authority
5133

5

Holding (engaging in, aiding, or abetting) a speed contest, the roadway   of which is not fully and efficiently patrolled
5134

2

Careless driving
5120

Reckless driving
5121

5

Eluding police officers
4010

4

Failure to stop immediately at property damage accident scene
4011

4

Failure to remain at property damage accident scene
5141

3

Speeding: restricted speed zone
5142

3

Speeding: 25 miles per hour, urban district
5140

2

Speed restrictions (Basic Rule) : Failure to drive in careful and prudent manner (driving at speed that is greater than is reasonable and proper under existing conditions at point of operating; driving at speed that would unduly or unreasonably endanger life, limb, property or other rights of persons using highways; driving at speeds that fail to take into account amount and character of traffic, conditions of   brakes, weight of vehicle, etc.)
5143

3

Speeding: 35 miles per hour, construction zone
5144

3

Speeding: 55 miles per hour night limit
5145

3

Speeding: 65 miles per hour night limit on interstate
5146

3

Failure to reduce speed when approaching intersection, railroad crossing, etc.
5147

3

Speeding: 55 miles per hour night limit (trucks)
5150

3

Speeding: speed limit established by Motor Vehicles Division
5160

3

Speeding: restricted speed limit established by local authorities
5171

3

Failure to pull over when operating slow moving vehicle obstructing traffic
5180

3

Speeding: 60 miles per hour truck limit
5181

3

Speeding: motor-driven cycle night speed
5182

3

Speeding: 50 miles per hour speed when towing trailer house
5183

3

Speeding: 65 miles per hour truck speed on interstate
5190

3

Speeding: posted speed over elevated structure
1006

2

Operating with foreign driver's license beyond 90 day grace period
1010

2

Violation of privilege granted drivers of government vehicles
1011

2

Violation of privilege granted drivers of road machinery, farm implements and tractors
1020

2

Violation of restrictions on chauffeur's license
1030 

2

Violation of restrictions on instruction permit
1031

2

Violation in use of temporary driver's permit
1032

2

Failure to have temporary driver's permit in possession
1070

2

Operating in violation of restrictions imposed on driver's license
1110

2

Violation of restrictions imposed on probationary driver's license
1250

2

Failure of person to subject self to traffic control at roadblock
2070

2

Exceeding the 102-inch width limit
2079

2

Towing more than one vehicle in combination
2080

2

Drawing more than two motor vehicles by saddlemount method
2081

2

Towing more than one trailer with vehicle rated less than 2000 pounds (manufacturer's rated capacity)
2111

2

Failure to follow directions and requirements of special permit
4199

2

Sidewalk (driving on)
5010

2

Reckless or unsafe operation of authorized emergency vehicle
5050

2

Failure to obey instructions of traffic control devices
5222

2

Increasing speed when being overtaken
5230

2

Passing on right when prohibited
5240

2

Improper passing -- highway ahead obstructed
5250

2

Improper passing - approaching crest of grade (hill) or curve
5251

2

Improper passing - approaching intersection
5252

2

Improper passing - approaching within 100 feet of bridge, tunnel or viaduct when view obstructed
5260

2

Improper passing - in no passing zone
5270

2

Pass to left of rotary traffic island
5271

2

Travel wrong direction on one-way street or highway
5280

2

Change lane when unsafe to do so
5281

Improper use of center lane of three lane roadway
5282

2

Failure to use designated lane when operating slow-moving vehicles
5290

2

Following too closely - reasonable and prudent
5291

2

Following too closely - insufficient space between vehicles or combinations
5300

2

Driving on other than right-hand roadway of divided highway
5301

2

Driving over, across, or within dividing   space or barrier of divided highway
5310

2

Illegal entrance or exit to restricted access highway
5320

2

Violations of limitations put on restricted access highway
5330

2

Making right turn from improper lane
5331

2

Improper approach to intersections when making right turn
5332

2

Making left turn from improper lane
5333

Improper approach to intersection when making left turn
5334

2

Disobedience to signs and markers indicating direction to turn
5340

2

Improper turn - crest of grade or on curve
5350

2

Improper starting - failure to start vehicle in safety
5360

2

Improper turn - not in required position
5361

2

Turning when unsafe to do so
5362

2

Turning without giving proper signal
5363

2

Stopping or slowing without giving appropriate signal
5370

2

Failure to have vehicle equipped with signal lamps when required
5380

2

Right of way violation - failure to yield to vehicle on right at intersection
5390

2

Right of way violation - failure to yield to hazardous traffic when making left turn
5391

2

Right of way violation - failure of approaching drivers to yield to vehicle making left turn
5400

2

Right of way violation - failure to yield to vehicle on through highway
5401

2

Right of way violation - failure to yield to vehicle entering or crossing highway
5410

2

Right of way violation - failure to yield when entering highway from private road or drive
5411

2

Right of way violation - failure to yield when entering highway from public approach ramp
5420

2

Right of way violation - failure to obey requirements of yield sign
5060

2

Failure to yield right of way to vehicle when obeying green go traffic signal
5061

2

Failure to yield right of way to pedestrian when obeying green go traffic signal
5062

2

Failure to reduce speed when approaching yellow (caution) traffic signal
5063

2

Failure to obey red (stop) traffic signal
5064

Failure to yield right of way to pedestrians or other traffic in intersections when obeying green arrow traffic signal
5080

2

Flashing signal violation (red) Flashing signal violation (yellow)
5170

2

Obstructing traffic, under minimum reasonable speed, after being warned
5200

2

Failure to drive to right of roadway except when passing
5210

2

Failure to give approaching vehicle half of roadway
5220

2

Improper passing - crowding overtaken vehicle
5221

2

Failure to yield to overtaking vehicle
5430

2

Right of way violation - failure to yield to authorized emergency vehicle
5431

2

Operator of authorized emergency vehicle - failure to drive with due regard to safety of others
5450

2

Right of way violation - failure to yield to pedestrian
5452

2

Overtaking vehicle stopped at crosswalk
5453

2

Right of way violation - failure to yield to school children or school safety patrol
5470

Failure to exercise due care when observing pedestrian
5570

2

Disobedience to signals indicating approach of railroad train
5580

2

Failure to stop at railroad crossing when stop sign erected
5590

2

Failure to stop at railroad crossing when carrying passengers for hire
5591

2

Failure to stop at railroad crossing when driving school bus
5592

2

Failure to stop at railroad crossing when carrying explosives
5593

2

Failure to stop at railroad crossing when carrying flammable liquids
5610

2

Stop sign violation
5620

2

Stop violation - emerging from alley, garage or driveway
5630

Failure to stop for school bus stopped (loading or unloading school children)
5631

2

Failure to slow for school bus preparing to stop (flashing amber lights for school children)
5633

2

School bus failing to activate flashing amber lights before stopping to receive or discharge school children
5640

2

Unlawful use of flashing lights on bus (amber or red)
5690

2

Interfering with traffic while backing
5700

2

More than one on one-seated motorcycle
5702

2

Carrying passenger on motorcycle which interferes with driver's operation
5703

2

Carrying package, etc., which interferes with operation of motorcycle
5704 

2

Riding motorcycle side-saddle
5705

Operating motorcycle on public highway or street without lights
5706

2

Operating more than two motorcycles abreast in traffic lane
5707

2

Failure to comply with duties applicable to motorcycle operators
5720

2

Failure to keep vehicle under control on mountain highways
5721

2

Failure to drive to extreme right side of road in canyons (defiles, mountains)
5730

2

Allowing vehicle to coast downgrade
5740

2

Following fire apparatus
5750

2

Crossing fire hose
5852

2

Failure of driver to take required precautions upon approaching the blind
7000

2

Operating a motor vehicle in unsafe condition without proper lights and equipment
7010

2

Failure to have lamps lighted when required
7020

2

Failure to have two headlamps properly operating on motor vehicle
7021

2

Failure to have proper headlamps on motorcycle
7030

2

Failure to have vehicle equipped with one or two tail lamps as required
7051

2

Operating motor vehicle not equipped with stop lamp
7063

2

Failure to have bus or truck properly equipped with stop lamps
7068

2

Failure to have safety chain when required on trailer
7110

2

Failure to display lamp or flag on projecting load
7141

2

Failure to have proper emblem on slow-moving vehicle when required
7143

2

Failure of driver of slow-moving vehicle to pull off roadway as required
7160

2

Emergency vehicle - no audible signal
7163

2

Fail to proceed with caution past an alternately flashing or rotating red or blue light, at a speed that is reasonable and proper under the conditions existing at the point of operation (failure to stop for emergency lights.)
7164

2

Fail to stop for an alternately flashing or rotating red or blue light at point of operation (fail to stop for emergency lights).
7200

2

Failure to dim within 1000 feet of oncoming traffic
7201

2

Failure to dim within 300 feet when approaching vehicle from rear
7231

2

Displaying unauthorized red light
7240

2

Violation in use of red blinker light authorization for fireman's private car
7261

2

Inadequate or defective service brakes
7263

2

Fail to have automatic breakaway brakes on trailer which exceeds 3000 pounds G.V.W.
7268

2

Insufficient or inadequate reservoir for air or vacuum brakes
7280

2

Defective brakes - motor-driven cycle
7291

2

Failure to sound horn to ensure safe operation
7310

Failure to have rear view mirror
7311

Defective rear-view mirror
7320

2

Obstructed windshield
7321

2

Defective windshield wipers
7502

2

Moving defective vehicle beyond specified limits
7603

2

Fail to identify disabled vehicle with proper equipment while towing
0012

2

Transporting passengers in vehicle carrying explosives

 

(2) A 6 month suspension results from the accumulation of 15 or more points in a 36 month period.

(3) The following actions resulting from the accumulation of 6 or more points in an 18 month period may be taken:

(a) the licenseee may be required to attend a counseling session or re-take the driving examination or both.

(b) Failure to comply with the requirements of 3(a) will result in a three month suspension.

History: Sec. 44-1-103 and 61-2-302(1) MCA; IMP, 61-5-201 et seq. and 61-2-302(2) MCA, Eff. 12/31/72; AMD, Eff. 8/4/75; AMD, Eff. 12/5/76; AMD, 1980 MAR p. 576, Eff. 10/31/80; AMD, 1982 p. 601, Eff. 3/26/82; AMD, 1983 MAR p. 350, Eff. 4/28/83.

23.3.203   PERSON ELIGIBLE FOR DRIVER REHABILITATION PROGRAM
(1) A person whose license is suspended because of the accumulation of 15 or more Driver Rehabilitation points must be referred to a Driver Rehabilitation Program.

(2) A person whose license is suspended for any reason other than refusal to submit to a chemical test of his blood, breath, or urine is eligible to participate in the Driver Rehabilitation Program if he complies with all requirements for reobtaining a license after suspension.

(3) A person whose license has been revoked for 3 months of a 1 year revocation or 1 year of a 3 year revocation is eligible to participate in the Driver Rehabilitation Program if he complies with all requirements for reobtaining a license after revocation.

History: Sec. 61-2-302(1) MCA; IMP, 61-2-302 MCA; NEW, 1980 MAR p. 580, Eff. 2/15/80; AMD, 1980 MAR p. 2871, Eff. 10/31/80; AMD, 1983 MAR p. 853, Eff. 7/15/83.

23.3.204   DRIVER REHABILITATION PROGRAM
The Driver Rehabilitation Program must include but is not limited to:

(1) A personal appearance by the violator at a Driver Rehabilitation Session. The violator must be notified in writing of the time and place of the appearance at least 20 days prior to it.

(2) The violator must be informed of his record and accumulated points, and of the consequences of further violations.

(3) The Rehabilitation Officer may refer the violator to programs the officer determines are necessary to induce proper driving attitudes, habits, and techniques. Examples of referrals are classroom instruction in rules of the road, driving techniques, defensive driving, or driver attitudes and habits; on-the-road training; alcohol counseling or treatment; mental evaluation or treatment; physical evaluation or treatment; and visual examination or treatment.

History: Sec. 61-2-302(1) MCA; IMP, 61-2-302 MCA; NEW, 1980 MAR p. 580, Eff. 2/15/80; AMD, 1983 MAR p. 853, Eff. 7/15/83.

23.3.205   FEES FOR DRIVER REHABILITATION PROGRAM
A person referred to the Driver Rehabilitation Program shall pay $50 to defray the cost of the program. This fee covers the cost of referrals to defensive driving or alcohol school. All other costs of referrals must be paid by the participant.
History: Sec. 61-2-302(1) MCA; IMP, 61-2-302(7) MCA; NEW, 1980 MAR p. 580, Eff. 2/15/80.

23.3.206   DISCRETIONARY ACTION AGAINST DRIVING PRIVILEGES
The staff of the Motor Vehicles Division shall analyze and present to the Driver Improvement Committee for final decision any proposed action to be taken against an individual's driving privileges that is not covered by ARM 23.3.202, along with the staff's recommendation for suspension, probation, restricted probation, or no action.
History: 44-1-103 MCA; IMP, 61-5-201 et seq. MCA, Eff. 12/31/72.

23.3.207   EXAMINATIONS FAILED
If a driver applicant fails the eye examination or other driver examination standards the applicant is considered incompetent or otherwise not qualified to be licensed. Therefore, the driver's license must be suspended.
History: Sec. 44-1-103 MCA; IMP, 61-5-206(1) (d) MCA, Eff. 12/31/72.

23.3.208   REEXAMINATION ORDERED
If a driver is ordered to be reexamined and fails to submit to the reexamination, the driver's license and privilege to drive is suspended until the driver complies.
History: Sec. 44-1-103 MCA; IMP, 61-5-207 MCA, Eff. 12/31/72.

23.3.209   CANCELLATION FOR WITHDRAWAL OF CONSENT FOR A MINOR
If the signer of a minor's application for an operator's permit withdraws consent under section 61-5-109, MCA, or dies, the minor's license is immediately cancelled upon receipt by the Division of notification that consent has been withdrawn or signer has died.
History: Sec 44-1-103 MCA; IMP, 61-5-109 and 61-5-202, MCA, Eff. 12/31/72; AMD, Eff. 12/5/76; AMD, 1983 MAR p. 853, Eff. 7/15/83.

23.3.210   DENIAL OF LICENSE DUE TO INCOMPETENCY OR ADDICTION
No license may be issued to nor renewed for an inebriate, alcoholic, drug addict or insane person committed by a court until such person has been restored to competency in a court, or in the case of an inebriate, alcoholic or drug addict until he has supplied satisfactory evidence that he is no longer addicted to the excessive use of alcohol or drugs, as the case may be.
History: Sec. 44-1-103 MCA; IMP, 61-5-105(4) and (5) MCA, Eff. 12/31/72.

23.3.211   OTHER INFORMATION RESULTING IN CHANGE OF STATUS OF DRIVER'S LICENSE
(1) A person who indicates that he has suffered from fainting or dizzy spells, epilepsy or epileptic type seizures, heart trouble or paralysis must furnish the Motor Vehicles Division information from a medical doctor as follows:

(a) For fainting or dizzy spells a report must be submitted if the last occurrence was within the preceding 5 years.

(b) For epilepsy or epileptic type seizures, a report must be submitted regardless of date of occurrence.

(c) For heart ailments, a report must be submitted if the last treatment was within the preceding 3 years.

(d) For paralysis, a report must be submitted only if the examiner determines it is necessary.

(2) A person who indicates he suffers from a physical or mental defect that would make it difficult to operate a vehicle must submit a medical report only if the examiner determines it is necessary.

(3) A person whose physical appearance or conduct at the time of driver license renewal or application indicates a medical or mental problem may be requested by the examiner to submit a report on the condition and/or may be required by the examiner to complete the driving portion of the examination or both.

(4) A person who has been reported to the Motor Vehicles Division as having a physical, mental, visual or driving skills problem may be requested to furnish the Division with an appropriate report concerning the condition, and/or may be requested to complete the entire examination or both if the staff determines it is necessary. (Form DES-1004, Accident Report.)

(5) Medical questions arising from the above items may be submitted to the State Health Officer for assistance in determining appropriate action.

History: Sec. 44-1-103 MCA; IMP, 61-5-105(8), 61-5-111(2) and 61-5-207, Eff. 12/31/72; AMD, Eff. 12/5/76: AMD, 1983 MAR p. 853, Eff. 7/15/83.

23.3.212   ALTERED DRIVER'S LICENSE
A license received by the Division that indicates on its face that any data or photograph has been altered may be suspended for 6 months. A statement must be received indicating that the individual who picked up the license received it from the individual pictured and/or named on the license.

 

Rules 13

History: Sec. 44-1-103 MCA; IMP, 61-5-105 and 61-5-206 MCA, Eff. 12/31/72; AMD, Eff. 12/5/76; AMD, 1980 MAR p. 3120, Eff. 12/27/80; AMD, 1983 MAR p. 853, Eff 7/15/83.

23.3.221   APPEAL DOES NOT ALTER REVOCATION
An appeal or notice of appeal from a conviction for Driving While Intoxicated does not affect the administration of the driver's license revocation.

 

Rules 22

History: Sec. 44-1-103 MCA; IMP, 61-5-205 MCA, Eff. 12/31/72.

23.3.231   PROBATIONARY LICENSES

(1) The division may issue a restricted probationary license to any person whose driver's license or privilege to drive in Montana is subject to suspension or revocation when:

(a) the licensee is eligible for the Driver Rehabilitation Program under ARM 23.3.203 through 23.3.205 and the licensee enrolls and continues to participate in the Driver Rehabilitation Program; or

(b) the division is otherwise authorized by statute to do so.

(2) When the division receives notification of a conviction for a second or subsequent driving under the influence of alcohol or drugs and a court's recommendation for a probationary license based on participation in an alcohol or drug testing program and the driver is otherwise eligible for a probationary license, the Division may issue a probationary license only when the alcohol or drug testing program meets the requirements of 44-4-1203(6), MCA.

 

History: 61-2-302, 61-14-201, MCA; IMP, 44-4-1203, 44-4-1205, 61-2-302, 61-5-208, 61-5-231, 61-8-442, MCA; NEW, 1980 MAR p. 581, Eff. 2/15/80; AMD, 1985 MAR p. 1398, Eff. 9/27/85; AMD, 2020 MAR p. 2407, Eff. 12/25/20.

23.3.232   RESTRICTIONS ON PROBATIONARY LICENSES
(1) The Division may restrict probationary licenses in the following manner:

(a) Licenses restricted to "occupational driving only" may only be used by the licensee to travel to and from the regular place of employment, or in search of employment, by the most direct route from the residence in a period of time no greater than is reasonable under existing traffic conditions; and during work hours at the specific direction of the employer for purposes of carrying out assigned job related functions.

(b) Licenses restricted to "home to school and return" may only be used by the licensee to travel between the residence and the school or educational institution in which the licensee is enrolled.   Travel is only authorized immediately before and after regular school hours and must be by the most direct route between the residence and the school in a period of time no greater than is reasonable under existing traffic conditions.   Driving to or from extracurricular activities is not allowed.

(c) Licenses restricted to "essential driving only" may only be used by the licensee for:

(i) occupational driving as defined in subsection (1) (a) above; and

(ii) home to school driving as defined in subsection (1) (b) above; and

(iii) travel to and from the regular residence in a period of time no greater than is reasonable under existing traffic conditions for purposes related to maintenance of the household.

(d) Licenses restricted to "daytime hours only" may only be used by the licensee to operate a motor vehicle from one-half hour before sunrise to one-half hour after sunset.

(2) The above list of restricted probationary licenses is not exclusive. The Division may impose additional restrictions on the use of the license with respect to time and purpose of use or impose any other condition or restriction deemed necessary to promote driver improvement or safety.

(3) All restricted probationary licenses issued by the Division may be used for travel to and from required alcohol programs.

(4) Licensees holding probationary licenses with the restriction "no recreational driving" are subject to the same driving restrictions as those applicable to licenses restricted to "essential driving only" under subsection (1) (c) above.

History: Sec. 61-2-302(1), MCA; IMP, 61-2-302, MCA; NEW, 1985 MAR p. 1398, Eff. 9/27/85.

23.3.301   HIGHWAY PATROL APPLICANTS

This rule has been repealed.

History: 44-1-103 MCA; IMP, Sec. 44-1-102, 44-1-303(2), 44-1-401 MCA; Eff. 12/31/72; REP, 1988 MAR p. 72, Eff. 1/15/88.

23.3.302   MINIMUM QUALIFICATIONS

This rule has been repealed.

History: Sec. 44-1-103 MCA; IMP, Sec. 44-1-102, 44-1-303(2), 44-1-401 MCA; Eff. 12/31/72; AMD, Eff. 12/5/76; REP, 1988 MAR p. 72, Eff. 1/15/88.

23.3.303   APPLICATION

This rule has been repealed.

History: Sec. 44-1-103 MCA; IMP, Sec. 44-1-102, 44-1-303(2), 44-1-401 MCA; Eff. 12/31/72; REP, 1988 MAR p. 72, Eff. 1/15/88.

23.3.304   PROCEDURE FOR SCREENING APPLICANTS

This rule has been repealed.

History: Sec. 44-1-103 MCA; IMP, Sec. 44-1-102, 44-1-303(2), 44-1-401 MCA; Eff. 12/31/72; REP, 1988 MAR p. 72, Eff. 1/15/88.

23.3.305   PROCEDURE FOR INVESTIGATING APPLICANTS

This rule has been repealed.

History: Sec. 44-1-103 MCA; IMP, Sec. 44-1-102, 44-1-303(2), Eff. 44-1-401 MCA; Eff. 12/31/72; REP, 1988 MAR p. 72, Eff. 1/15/88.

23.3.306   APPOINTMENTS TO SERVICE

This rule has been repealed.

History: Sec. 44-1-103 MCA; IMP, Sec. 44-1-102, 44-1-303(2), 44-1-401 MCA; Eff. 12/31/72; AMD, Eff. 12/5/76; REP, 1988 MAR p. 72, Eff. 1/15/88.

23.3.307   INSTRUCTIONS TO MEDICAL EXAMINERS

This rule has been repealed.

History: Sec. 44-1-103 MCA; IMP, Sec. 44-1-102, 44-1-303(2), 44-1-401 MCA; Eff. 12/31/72; AMD, Eff. 12/5/76; REP, 1988 MAR p. 72, Eff. 1/15/88.

23.3.311   REINSTATEMENT OF FORMER MEMBERS

This rule has been repealed.

History: Sec. 44-1-103 MCA; IMP, Sec. 44-1-102, 44-1-303(2), 44-1-401 MCA; Eff. 12/31/72; REP, 1988 MAR p. 72, Eff. 1/15/88.

23.3.401   EMERGENCY VEHICLES
  When a Highway Patrol officer observes a vehicle equipped with audible or visual signals which would identify such vehicle as an authorized emergency vehicle or police vehicle, and the officer has probable cause to believe that the vehicle does not have authorization for emergency vehicle status, enforcement action should be taken.
History: Sec. 44-1-103 MCA; IMP, 61-9-226 and 61-9-227, and 61-9-401 and 402 MCA, Eff. 12/31/72; AMD, Eff. 12/5/76; AMD, 1980 MAR p. 1702, Eff. 6/27/80.

23.3.402   SPECIFIC AMBULANCE OR TOW CAR SERVICE REQUESTED

      Whenever a Highway Patrol officer investigates an accident where the owner or operator is contacted at the scene, the officer shall inquire of the owner and/or operator as to what tow car he or she desires and attempt to secure the same. If the owner and/or operator requests a tow car from a considerable distance and another tow car can be obtained much closer and in the officer's judgment, should be, because of the hazardous situation created by wrecked vehicles, then it will be the officer's responsibility to explain to the owner and/or operator the importance of eliminating the hazard created by the wrecked vehicles by requesting the nearest tow car. When the owner and/or operator requests a tow car from a considerable distance and the wrecked vehicle can be pushed off the travelled portion of the highway with the assistance of persons at the scene, this should be done instead of calling a local tow car just to remove the vehicle from the travelled portion of the highway, and in such instances the owner and/or operator shall be informed that it is his or her responsibility to guard the wrecked vehicle until the arrival of the requested tow car.

History: Sec. 44-1-103 MCA; IMP, 44-1-102 MCA, Eff. 12/31/72.

23.3.403   OFFICER TO REQUEST AMBULANCE OR TOW CAR SERVICE

The Highway Patrol officer shall call the nearest qualified tow car service whenever the owner and/or operator:

(1) is absent from the accident scene;

(2) is injured to the extent of being incapable of normal conversation;

(3) is impaired by intoxication to the extent of being incapable of making a reasonable decision; or

(4) requests the member to select the tow car service.

History: Sec. 44-1-103 MCA; IMP, 44-1-102 MCA, Eff. 12/31/72.

23.3.404   QUALIFIED TOW CAR SERVICE
In selecting the nearest tow car service the officer shall be governed by his or her past experience in securing prompt and adequate service, and his or her knowledge as to the availability of storage facilities to protect the vehicle, its accessories and its contents. In order to be qualified, towing services must meet the requirements of section 61-9-416 MCA.
History: Sec. 44-1-103 MCA; IMP, 44-1-102 MCA, Eff. 12/31/72.

23.3.405   TOW CAR SERVICE ROTATION SYSTEM
In localities where there are two or more tow car services, officers shall distribute tow car service calls on an equitable basis by an established "Tow Car Rotation System." The "Tow Car Rotation System" must be used when all tow car services are approximately the same distance from services requested. In establishing the rotation system officers must be assured by the participating agencies that:

(1) Service will be prompt;

(2) The agency has adequate equipment to properly, safely and quickly perform the services;

(3) The agency is subject to call 24 hours per day, 7 days a week and will accept service calls on that basis; and

(4) The agency has equipment to qualify under section 61-9-416 MCA.

History: 44-1-103 MCA; IMP, 44-1-102 MCA, Eff. 12/31/72.

23.3.406   ACCEPTING AUTOMOBILE CLUB CARDS IN LIEU OF BOND

(1) For purposes of this rule, "card" means an Automobile Club Card or Guaranteed Arrest Bond Certificate.

(2) Officers may accept an authentic official card issued by any of the agencies recognized by the state auditor in lieu of cash bond.

(3) Prior to accepting a card in lieu of a cash bond, an officer shall ascertain that:

(a) It is an authentic and official card. AAA cards must carry the AAA symbol;

(b) The name on the card represents the person who possesses it. (Compare with the driver's license) ;

(c) The card has not expired; and

(d) The card has been signed by the owner.

(4) In accepting the card in lieu of a cash bond, officers, shall make a notation on the traffic citation in the blank, "Received $___ " such as: Name of club - member number in lieu of (amount of bond) . In such cases the appearance date should be set ahead at least 10 days for the processing of the card through the various offices.

History: Sec. 44-1-103 MCA; IMP, 44-1-1101 and 44-1-1102, and 46-9-414 MCA, Eff. 12/31/72.

23.3.407   ACCEPTING PERSONAL ITEMS IN LIEU OF BOND
A Highway Patrol officer may not accept personal items (such as watches, cameras, tools, etc.) in lieu of cash bond. If an officer accepts personal items in lieu of a cash bond, he is financially responsible to the judge in an amount equivalent to the established bond for the specific violation.
History: Sec. 44-1-103 MCA; IMP, 44-1-1101 and 44-1-1102 MCA, Eff. 12/31/72.

23.3.408   POSTING BOND MONIES WITH COURT
(1) Any monies collected as bail bond should be remitted to the justice of the peace within 5 days from the date such money was collected or accepted. All officers are subject to individual "on the spot" audit of their records and collection of monies. Any audit revealing any mishandling or misappropriation of monies or disobedience or non-compliance to this rule will subject the officer to dismissal or severe disciplinary action.

(2) Bond monies may not be accepted from any violators who have been released. Once released, the violator is within the jurisdiction of the court system. Violators who wish to post bond after release must be instructed to post bond with the nearest court, which court will then transmit the bond monies to the court of the appropriate jurisdiction.

History: Sec. 44-1-103 MCA; IMP, 44-1-1101 and 44-1-1102 MCA, Eff. 12/31/72; AMD, Eff. 12/5/76; AMD, 1980 MAR p. 1703, Eff. 6/27/80.

23.3.409   OUT-OF-STATE VIOLATORS
Officers may assume that an out of state violator will not answer a traffic citation once he has been allowed to leave the state. Therefore, officers should not allow such violators to proceed without first setting and accepting an appearance bond justifiable for the offense charged.
History: Sec. 44-1-103 MCA; IMP, 44-1-1101 and 44-1-1102 MCA, Eff. 12/31/72.

23.3.410   RECOMMENDATION FOR REEXAMINATION
A reexamination ordered under section 61-5-207 MCA, requires evidence of incompetency or other disqualifications. Recommendations submitted by officers must be accompanied by a written statement describing the incompetency or other disqualification to provide a basis for ordering reexamination.
History: Sec. 44-1-103 MCA; IMP 61-5-207 MCA, Eff. 12/31/72.

23.3.411   SURRENDER OF SUSPENDED, REVOKED OR CANCELLED DRIVERS LICENSE
Persons refusing to surrender suspended, revoked or cancelled licenses on demand, should be issued a citation under section 61-5-302(4) MCA.
History: Sec. 44-1-103 MCA; IMP, 61-5-302(4) MCA, Eff. 12/31/72.

23.3.412   ABANDONED VEHICLES

This rule has been repealed.

History: Sec. 44-1-103 MCA; IMP, Sec. 61-8-705, 61-12-401 MCA; Eff. 12/31/72; REP, 1988 MAR p. 72, Eff. 1/15/88.

23.3.413   AIRCRAFT LANDINGS

This rule has been repealed.

History: Sec. 44-1-103 MCA; IMP, Sec. 41-1-102 MCA; Eff. 12/31/72; REP, 1988 MAR p. 72, Eff. 1/15/88.

23.3.414   CHEMICAL TEST RESULTS TO BE CONFIDENTIAL

This rule has been repealed.

History: Sec. 44-1-103 MCA; IMP, Sec. 61-8-402 MCA; Eff. 12/31/72; REP, 1988 MAR p. 72, Eff. 1/15/88.

23.3.415   POLICY FOR BLOCKING HIGHWAYS DUE TO WEATHER CONDITIONS

This rule has been repealed.

History: Sec. 44-1-103 MCA; IMP, Sec. 44-1-102 MCA; Eff. 12/31/72; REP, 1988 MAR p. 72, Eff. 1/15/88.

23.3.416   UNIFORM APPROVAL OF MOTOR VEHICLE SAFETY EQUIPMENT
The state of Montana and the American association of motor vehicle administrators enter into the following agreement:

(1) The purpose is to provide a uniform procedure for approval of motor vehicle safety equipment components and/or assemblies to facilitate the approval and issuance of equipment approval certificates by jurisdictions as required by applicable statutes.

(2) Parties to agreement are the American association of motor vehicle administrators, a non profit association organized under the laws of the District of Columbia, of which each state and province of Canada is a member, hereinafter referred to as the association and each state of the United States; each province of Canada; the District of Columbia; the canal zone; Puerto Rico; hereinafter referred to as the jurisdiction.

(3) the association agrees to the following terms:

(a) The association agrees to receive requests from the manufacturers of automotive vehicles and manufacturers of after market components, parts, materials, and/or assemblies for approval and issuance of certificate of approval.

(b) The association agrees to conduct or have conducted tests to ascertain that the components, parts, materials, and/ or assemblies meet prescribed standards and/or specifications covering vehicle safety equipment. Such standards and/or specifications shall be those of the society of automotive engineers American standards association, or other recognized authority.

(c) The association agrees to issue uniform certificate of approval to the manufacturer or supplier submitting request, or notice of failure to meet required tests or procedures.

(d) The association agrees to furnish the jurisdiction with certificate of approval on all components, parts, materials, and/or assemblies as required by the statutes of the jurisdiction.

(e) The association agrees to maintain a list of approved safety equipment and make information available upon request.

(4)The jurisdiction agrees to the following terms:

(a) The jurisdiction agrees to permit the association to conduct or have conducted tests of vehicle safety equipment without cost to the jurisdiction.

(b) The jurisdiction agrees to accept association certificates of approval as the basis for issuance of jurisdictional certificates of approval, where such jurisdictional certificates are required by statute to be made by the appropriate governmental department or official.

(5) It is mutually agreed that the association may conduct its own tests or contract with approved testing laboratories for such tests, and may accept test results directly from an approved testing laboratory irrespective of whether the components, parts, materials, and/or assemblies covered by the test reports were submitted to the laboratory for testing by the association or by the manufacturer.

(6) It is further mutually agreed that the association may, upon its own motion or upon request by the jurisdiction, require additional or supplementary tests of components, parts, materials, and/or assemblies. When any previously approved component, part, material, and/or assembly fails to meet subsequent tests, the association shall cancel the previously issued certificate of approval and shall issue the manufacturer an appropriate notice of cancellation of certificate of approval. Notices of such cancellations shall be furnished the jurisdiction which will follow procedures established by its laws for cancellation of certificate issued. When permitted by applicable jurisdictional law, cancellation of a certificate of approval by the association shall constitute cancellation by the jurisdiction and notice of such cancellation shall be noted on lists of approved safety equipment compiled and maintained by the association and by the jurisdiction.

History: Sec. 44-1-103 MCA; IMP, Sec. 44-1-102 MCA; NEW, Eff. 11/5/73.

23.3.417   STANDARDS FOR PROTECTIVE HEADGEAR
(1) The Department of Justice adopts and incorporates in these rules the American National Standard Institution (ANSI) Standard 290.1-1971, and the Federal Motor Vehicle Safety Standard (FMVSS) 218 (49 C.F.R. § 571.218)and all subsequent amendments to those standards.

(2) If there is any conflict between ANSI 290.1-1971 and FMVSS 218, FMVSS 218 controls.

(3) These standards apply to protective headgear to be worn by any motorcycle operator or passenger under 18 years of age.

(4) FMVSS 218 is found at 49 Code of Federal Regulations (C.F.R.) , section 571.218, "Motorcycle Helmets." Copies of ANSI Standard 290.1-1971 are available upon request from the Division of Motor Vehicles, Department of Justice, 303 Roberts, Helena, Montana 59620.

History: Sec. 61-9-417, MCA; IMP, 61-9-417, MCA; NEW, Eff. 11/5/73.

23.3.418   STANDARDS FOR CHILD SAFETY RESTRAINT SYSTEMS

All child safety restraint systems purchased after January 1, 1984, for use in motor vehicles to comply with the provisions of sections 61-9-419 through 61-9-423, MCA, must conform to federal standards outlined in Federal Motor Vehicle Safety Standard No. 213. The Division of Motor Vehicles, Department of Justice, hereby adopts and incorporates by reference Federal Motor Vehicle Safety Standard No. 213, in 49 C.F.R. part 571, which sets forth requirements and standards for child safety restraint systems. A copy of Federal Motor Vehicle Safety Standard No. 213, in 49 C.F.R. part 571 may be obtained from the Division of Motor Vehicles, Department of Justice, 303 Roberts, Helena, Montana 59620.

History: Sec. 61-9-420, MCA; IMP, 61-9-419 to 61-9-423, MCA; NEW, 1984 MAR p. 1040, Eff. 7/13/84.

23.3.419   EXEMPTIONS
The provisions and requirements of section 61-9-420(1) , MCA, do not apply to any child who, because of a physical or medical condition, or because of body size, cannot be placed in a child safety restraint system or safety belt.
History: Sec. 61-9-420, MCA; IMP, 61-9-420, MCA; NEW, 1984 MAR p. 1040, Eff. 7/13/84.

23.3.420   SAFETY EQUIPMENT FOR FERTILIZER TRAILERS

Trailers designed for transporting and dispersing fertilizer shall comply with the following safety requirements:

(1) Unless the trailer is equipped with brakes in compliance with section 61-9-301, MCA, it may not be towed at a speed greater than 35 miles per hour.

(2) If the trailer is towed in a combination of more than two vehicles, the rear units of the combination shall be equipped with breakaway brakes.

(3) The trailer may be operated only in daylight hours unless it is equipped with lights in compliance with section 61-9-207, MCA.

(4) Unless the brake lights and turn signals of the motor vehicle towing the trailer are clearly visible from the rear, the trailer shall be equipped with brake lights and turn signals.

(5) The tow bar of the trailer shall be securely fastened to the towing unit, and an additional safety chain with a minimum diameter of three-eights inch or cable with a minimum diameter of one-fourth inch shall also be securely fastened to the towing unit.

(6) If the trailer is transporting anhydrous ammonia, it shall display appropriate department of transportation placards on all four sides of the tank.

History: Sec. 61-2-103, MCA; IMP, Sec. 61-9-504, MCA; NEW, 1985 MAR p. 1858, Eff. 11/30/85.

23.3.425   EXEMPTIONS FROM SEATBELT LAW
(1) The provisions of section 61-13-103(1) , MCA, forbidding operation of a motor vehicle unless each occupant of a designated seating position is wearing a seatbelt, do not apply to an occupant of a motor vehicle who must in the course of his or her official job duties make such frequent stops that the public interest is best served by allowing an exemption.   An occupant of a motor vehicle meets this requirement for exemption if, while performing his or her official job duties, the occupant:

(a) normally and as a matter of routine operates or rides in a motor vehicle;

(b) normally and as a matter of routine makes ten or more stops per mile;

(c) must exit the vehicle at the required stops; and

(d) carries an exemption certificate issued by the department.

(2) The following occupants of a motor vehicle are exempt from the provisions of section 61-13-103(1) , MCA, if they are engaged in their official duties and are carrying an exemption certificate:

(a) persons providing garbage service;

(b) persons delivering newspapers house-to-house;

(c) persons making rural mail delivery.

History: Sec. 61-13-103(3) MCA; IMP, Sec. 61-13-103(2) (f) MCA; NEW, 1988 MAR p. 173, Eff. 1/29/88.

23.3.426   APPLICATION FOR AND USE OF EXEMPTION CERTIFICATE
(1) Persons who qualify for an exemption under ARM 23.3.425 may apply for an exemption certificate from the Department of Justice, Motor Vehicle Division, 303 Roberts, Helena, Montana. Application is made by completing and submitting an application on a form furnished by the department.

(2) If, upon review of the completed application, the department is satisfied that the applicant is eligible for an exemption, the department will issue an exemption certificate to the applicant.

(3) The exemption certificate must be carried in the motor vehicle being operated for official duties as proof of an exemption and the certificate is valid only while the exempted person is engaged in official duties.

(4) The exemption certificate must be exhibited upon demand of a judge or a peace officer.

(5) An exemption certificate is valid for two years from the date of issuance. An application for renewal must be filed within 30 days after expiration or a completely new application for exemption will be required.

(6) The department must be notified within 30 days of any change in information upon which an exemption is based.

History: 61-3-103(3) MCA; IMP, Sec. 61-3-103(2) (f) MCA; NEW, 1988 MAR p. 173, Eff. 1/29/88.

23.3.501   SCOPE OF SUBCHAPTER; DUTIES OF OWNER-OPERATORS

(1) The rules in this subchapter establish minimum qualifications for commercial motor vehicle operators, and provide for methods of testing those qualifications.

(2) These rules do not prohibit a motor carrier from imposing more stringent or additional qualifications, requirements, examinations, or certificates.

(3) A motor carrier who employs himself as a commercial motor vehicle operator must comply with these rules.

History: Sec. 61-5-112, 61-5-117, 61-5-125 MCA; IMP, Sec. 20-10-103, 61-5-102, 61-5-104 to 61-5-108, 61-5-110 to 61-5-116, 61-5-305, 61-5-306 MCA; NEW, 1988 MAR p. 62, Eff. 1/15/88.

23.3.502   DEFINITIONS

Unless the context indicates otherwise, the words and phrases in this subchapter have the definitions set forth in this rule.

(1) "Bureau" means the Driver Services Bureau, unless otherwise specifically stated.

(2) "CDL skills test" means a test given to applicants for a commercial driver's license and commercial endorsements. A skills test is comprised of the following three components:

(a) vehicle inspection test;

(b) basic control skills; and

(c) road test.

(3) "Certificate of employment/experience" means a certificate completed by the applicant's employer, or the applicant in the case of an owner/operator, stating the applicant's length of employment, the type(s) of vehicles operated, and the amount of experience in each type of vehicle if more than one.

(4) "Classifications" means that each type 1 or type 2 CDL is classified as to the class of vehicle authorized to be driven, as follows:

(a) "Class A" authorizes driving any combination of two or more vehicles, including articulated buses with a GCVWR exceeding 26,001 lbs. and also all vehicles authorized to be driven under class B and C or with a regular driver's license (Class D);

(b) "Class B" authorizes driving any single vehicle in excess of 26,001 lbs. GVWR, or any such vehicle towing a vehicle not in excess of 10,000 lbs. GVWR, or any bus which exceeds 26,001 lbs. GVWR and is capable of carrying more than 15 passengers including the driver, and all vehicles under Class C and vehicles authorized to be driven with a regular driver's license (Class D);

(c) "Class C" authorizes driving any single vehicle less than 26,001 lbs. GVWR or any such vehicle towing a vehicle not in excess of 10,000 lbs. GVWR when the vehicle(s) are or must be placarded for hazardous materials under the provisions of 49 CFR 172, or any bus or van in this weight class capable of carrying 16 or more passengers including the driver (Class D).

(5) "Commercial driver's license (CDL)" means a license issued to an individual under or granted by the laws of this state which authorizes the individual to operate a class of a commercial motor vehicle. There are two types of CDLs:

(a) "Type I" allows the operation of a commercial motor vehicle for interstate commerce.

(b) "Type II" allows the operation of a commercial motor vehicle within the state of Montana.

(6) "Commercial learner's permit (CLP)" means a permit issued to an individual under or granted by the laws of this state which, when carried with a valid Class D license, authorizes the individual to operate a class of a commercial motor vehicle when accompanied by a holder of a valid CDL for purposes of behind-the-wheel training. When issued to a CDL holder, a CLP serves as authorization for accompanied behind-the-wheel training in a CMV for which the holder's current CDL is not valid.

(7) "Commercial motor vehicle" means all vehicles or combinations of vehicles with a GCVWR of 26,001 lbs. or more, a school bus, or any other bus capable of hauling more than 15 passengers including the driver, or a vehicle used to transport hazardous materials if the vehicle transports such materials in a quantity requiring the display of hazardous materials placards under federal hazardous materials regulations, i.e., the vehicle has a GVWR of 10,001 lbs. or more. Any vehicle registered as a "farm vehicle" and paying the 16% gross vehicle weight fee is not considered a commercial motor vehicle. A recreational vehicle or R.V. is not considered a commercial motor vehicle unless it is used for commercial purposes.

(8) "Commercial Skills Test Information Management System (CSTIMS)" is an internet-based tool that provides a consistent way to track the scheduling and entry of test results for commercial skills tests by state and third-party examiners.

(9) "Department" means the Montana Department of Justice, unless otherwise specifically stated.

(10) "Disqualification" is a status in which the holder of a commercial driver's license is no longer authorized to operate commercial vehicles as provided in 49 CFR 391.

(11) "Division" means the motor vehicles division, unless otherwise specifically stated.

(12) "Driver's license" or "class D license" means a license to operate normal passenger cars, light trucks, and other vehicles which are not commercial motor vehicles.

(13) "Endorsement" means an endorsement on a commercial driver's license indicating that the driver meets the qualifications required to operate a commercial motor vehicle that requires special knowledge and skill.

(a) "Double/triple endorsement" is a separate endorsement required of all drivers who pull double or triple trailers.

(b) "Hazardous materials endorsement" is an endorsement required of all drivers who operate a commercial motor vehicle that requires hazardous materials placards under the provisions of 49 CFR 172.

(c) "Passenger endorsement" is an endorsement required of all drivers who carry 16 or more passengers, including the driver, while operating a bus or van.

(d) "School bus endorsement" is an endorsement required for all drivers who operate a school bus.

(e) "Tank endorsement" is an endorsement required of all drivers who transport bulk liquid materials in tanks permanently or temporarily attached to the vehicle with an individual rated capacity of more than 119 gallons and an aggregated rated capacity of 1,000 gallons or more.

(14) "Examiner" means an employee of the bureau, assigned to perform the duties of examining drivers.

(15) "Federal waiver or exemption" means the waiver or exemption described in federal 49 CFR 391.49 and 391.61.

(16) "Gross Combined Vehicle Weight Rating (GCVWR)" means the total of the combined manufacturer's weight ratings, or the total of the combined current registered gross vehicle weights, whichever is greater, of all vehicles operated as a combination unit.

(17) "Gross Vehicle Weight Rating (GVWR)" means the manufacturer's rated capacity for the vehicle in question, or the current registered gross vehicle weight, whichever is greater.

(18) "Hazardous material" means any material listed in the federal Hazardous Materials Tables, 49 CFR 172.

(19) "Medical certificate" means the medical certificate described in 49 CFR 391.43.

(20) "Medical statement" means a statement prepared by the driver/applicant regarding his medical condition.

(21) "Nonresident commercial driver's license" means a commercial driver's license issued by the state to an individual who resides in a foreign country.

(22) "One license affidavit" means an affidavit completed by the applicant certifying that the applicant is not licensed in any other jurisdiction.

(23) "Out of service" means an order to preclude further operation of a commercial motor vehicle by its driver for a specified period of time or until a required condition is met.

(24) "Placards, or hazardous materials placards" are defined and required as provided in the federal Hazardous Materials Communications Regulations, 49 CFR 172.

(25) "Residence for the purpose of obtaining a commercial driver's license" means any licensed commercial motor vehicle operator who has resided in this state for a period exceeding 30 days is considered to be a resident for the purpose of being licensed to operate a commercial motor vehicle and must thereafter be licensed under the laws of the state before operating a commercial motor vehicle.

(26) "Third-party CDL skills test examiner” means an individual who has been trained and certified by the division to administer CDL skills tests.

(27) "Third-party CDL skills testing program" means an entity authorized by the motor vehicle division to operate a CDL skills testing program and provide third- party skills test examiner(s) to administer CDL skills tests.

 

History: 61-5-112, 61-5-125, MCA; IMP, 20-10-103, 61-5-102, 61-5-104, 61-5-105, 61-5-106, 61-5-107, 61-5-108, 61-5-110, 61-5-111, 61-5-112, 61-5-113, 61-5-114, 61-5-115, 61-5-116, 61-5-305, 61-5-306, MCA; NEW, 1988 MAR p. 62, Eff. 1/15/88; AMD, 1989 MAR p. 486, Eff. 4/28/89; AMD, 2019 MAR p. 176, Eff. 2/9/19.

23.3.503   ELIGIBILITY FOR TYPE 1 ENDORSEMENT
(1) A person is eligible to receive a type 1 endorsement if the person:

(a) is at least 21 years old;

(b) can read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records;

(c) can safely operate the type of commercial motor vehicle driven;

(d) can determine whether the cargo transported (including baggage in a passenger carrying vehicle) has been properly placed, distributed, and secured in or on the commercial motor vehicle driven;

(e) is familiar with methods and procedures for securing cargo in or on the commercial motor vehicle driven;

(f) is physically qualified in accordance with ARM 23.3.504;

(g) has been issued a currently valid Montana driver's license;

(h) is not ineligible to drive a commercial motor vehicle under (2) of this rule.

(2) A person is ineligible to receive a type 1 endorsement if:

(a) the person has less than 24 months experience operating a commercial motor vehicle unless he or she presents a certificate of employment/experience from an employer licensed or authorized to do business in interstate commerce;

(b) the person is disqualified or has committed violations which would disqualify him or her under federal regulations, 49 C.F.R. 391.15;

(c) the person's endorsement is cancelled, suspended, or revoked under the laws of Montana;

(d) the person's driver's license is cancelled, suspended, or revoked by any state;

(e) the person's driver's license has been placed on a probationary status by the department for conviction(s) resulting from violation(s) occurring while the driver was operating a commercial motor vehicle;

(f) the person has had in his/her possession while operating a commercial motor vehicle more than one valid driver's license.

(3) The type 1 endorsement of a person who becomes ineligible under these rules or federal regulations is invalid for the period of ineligibility, and the person must submit his/her driver's license to the department for removal of the endorsement. Failure of the driver to submit the license for removal of the endorsement is grounds for cancellation of the endorsement under the provisions of section 61-5-201, MCA.

History: Sec. 61-5-112, 61-5-117, 61-5-125 MCA; IMP, Sec. 61-5-104, 61-5-105, 61-5-110 to 61-5-112, 61-5-201 MCA; NEW, 1988 MAR p. 62, Eff. 1/15/88; AMD, 1989 MAR p. 486, Eff. 4/28/89.

23.3.504   PHYSICAL QUALIFICATIONS FOR TYPE 1 ENDORSEMENT

(1) A person may not be issued, nor may he/she retain a type 1 endorsement, unless he/she is physically qualified to have the endorsement and has on his/her person the original or a photographic copy of a medical certificate certifying he/she is physically qualified to operate a commercial motor vehicle as required in federal regulations, 49 C.F.R. 391.43.

(2) A person is physically qualified to hold a type 1 endorsement if he/she:

(a) has no loss of a foot, a leg, a hand, or an arm; no impairment of a hand or finger which interferes with prehension or power grasping; no arm, foot, leg, or limb impairment which interferes with the ability to perform normal tasks associated with operating a motor vehicle; or has been granted a federal waiver or exemption;

(b) has no established medical history or clinical diagnosis of diabetes mellitus currently requiring the use of insulin for control;

(c) has no current clinical diagnosis of myocardial infarction, angina pectoris, coronary insufficiency, thrombosis, or any other cardiovascular disease of a variety known to be accompanied by syncope, dyspnea, collapse, or congestive cardiac failure;

(d) has no established medical history or clinical diagnosis of a respiratory dysfunction likely to interfere with his/her ability to control and drive a motor vehicle safely;

(e) has no current clinical diagnosis of high blood pressure likely to interfere with his/her ability to operate a motor vehicle safely;

(f) has no established medical history or clinical diagnosis of rheumatic, arthritic, orthopedic, muscular, or vascular disease which interferes with his/her ability to control and operate a motor vehicle safely;

(g) has no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a motor vehicle;

(h) has no mental, nervous, organic, or functional disease or psychiatric disorder likely to interfere with his/her ability to drive a motor vehicle safely;

(i) has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses, or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of at least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70° in the horizontal meridian in each eye, and the ability to recognize the colors on traffic signals and devices showing standard red, green, and amber;

(j) first perceives a forced whispered voice in the better ear at not less than 5 feet with or without the use of a hearing aid or, if tested by use of an audiometric device, does not have an average hearing loss in the better ear greater than 50 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a hearing aid when the audiometric device is calibrated to American National Standard Z24.5-1951;

(k) does not use an amphetamine, narcotic, or any habit-forming drug; and

(l) has no current clinical diagnosis of alcoholism.

(3) If a commercial driver cannot meet the physical qualifications set forth in this section, he or she may attempt to qualify for a type 2 commercial operator's endorsement (intrastate operation only) under the provisions of ARM 23.3.506 and, if so qualified, will be issued a Montana medical qualification card valid for the life of the current commercial license.

(4) Upon renewal, persons having qualified under section 3 above shall present a federal D.O.T. medical card, or complete the medical statement contained as a part of the commercial vehicle operator's endorsement application, and may be required to furnish a report from a physician indicating whether the condition(s) has worsened or whether any other disqualifying condition exists.

History: Secs. 61-5-112, 61-5-117, 61-5125 MCA; IMP, Secs. 61-5-104, 61-5-105, 61-5-110 to 61-5-112, 61-5-201 MCA; NEW, 1988 MAR p. 62, Eff. 1/15/88; AMD, 1990 MAR p. 2114, Eff. 11/30/90.

23.3.505   ELIGIBILITY FOR TYPE 2 ENDORSEMENT

(1) A person is eligible to receive a type 2 endorsement if the person:

(a) is at least 18 years of age;

(b) can safely operate the type of commercial motor vehicle driven;

(c) can determine whether the cargo he/she transports (including baggage in a passenger carrying vehicle) has been properly placed, distributed, and secured in or on the commercial motor vehicle driven;

(d) is familiar with methods and procedures for securing cargo in or on the commercial motor vehicle driven;

(e) is physically able to meet the requirements of ARM 23.3.504(1) and (2) or, if unable to meet those requirements, meets the requirements of ARM 23.3.506 and complies with ARM 23.3.507;

(f) has been issued a currently valid Montana driver's license;

(g) is not otherwise ineligible to operate a motor vehicle;

(h) has successfully completed the required driving examination (or presented a certificate of employment/experience in the case of an exchange or conversion);

(i) has, in the case of a new applicant, successfully completed a written examination appropriate to the class or type of endorsement applied for.

(j) certifies that he/she operates solely in intrastate activities and that he/she is not subject to 49 C.F.R., part 391.

(2) A person is ineligible to receive a type 2 endorsement if:

(a) the person has less than 12 months licensed driving experience;

(b) the person is disqualified or has committed violations which would disqualify him or her under federal regulation, 49 C.F.R., part 391.15;

(c) the person's endorsement is cancelled, suspended, or revoked under the laws of Montana;

(d) the person's driver's license is cancelled, suspended, or revoked by any state;

(e) the person's driver's license has been placed on a probationary status by the department for conviction(s) resulting from violation(s) occurring while the driver was operating a commercial motor vehicle;

(f) the person has had in his/her possession while operating a commercial motor vehicle more than one valid driver's license.

(3) The type 2 endorsement of a person who is disqualified under these rules or federal regulations is invalid for the period of ineligibility, and the driver must submit his/her driver's license to the department for removal of the endorsement. Failure of the driver to submit the license for removal of the endorsement is grounds for cancellation of the endorsement under the provisions of 61-5-201, MCA.

History: 61-5-112, 61-5-125, MCA; IMP, 61-5-104, 61-5-105, 61-5-110, 61-5-111, 61-5-112, 61-5-201, MCA; NEW, 1988 MAR p. 62, Eff. 1/15/88; AMD, 1989 MAR p. 486, Eff. 4/28/89; AMD, 1990 MAR p. 2114, Eff. 11/30/90; AMD, 2014 MAR p. 117, Eff. 1/17/14.

23.3.506   PHYSICAL QUALIFICATIONS FOR TYPE 2 ENDORSEMENT

(1) A person may not be issued, nor may he/she retain a type 2 endorsement, unless he/she:

(a) has no loss of a foot, a leg, a hand, or an arm; no impairment of a hand or finger which interferes with prehension or power grasping; no arm, foot, leg, or limb impairment which interferes with the ability to perform normal tasks associated with operating a motor vehicle; or he/she has been granted a federal waiver or exemption or has demonstrated through a road test that the loss or impairment of a limb or extremity does not significantly affect his/her driving ability as determined by the examiner who conducts the test;

(b) has no established medical history or clinical diagnosis of diabetes mellitus currently requiring the use of insulin for control, unless he/she supplies a statement from his/her physician which indicates that he/she has not suffered from any loss of consciousness or control from the condition for the preceding 3 years, and that the condition is currently controlled;

(c) has no current clinical diagnosis of myocardial infarction, angina pectoris, coronary insufficiency, thrombosis, or any other cardiovascular disease of a variety known to be accompanied by syncope, dyspnea, collapse, or congestive cardiac failure, with any episode within the last 12 months;

(d) has no established medical history or clinical diagnosis of a respiratory dysfunction likely to interfere with his/her ability to control and drive a motor vehicle safely;

(e) has no current clinical diagnosis of high blood pressure likely to interfere with his/her ability to operate a motor vehicle safely;

(f) has no established medical history or clinical diagnosis of rheumatic, arthritic, orthopedic, muscular, or vascular disease which interferes with his/her ability to control and operate a motor vehicle safely;

(g) has no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a motor vehicle unless he/she has not had any episode of loss of consciousness or control within the preceding 5 years as certified by his/her physician;

(h) has no mental, nervous, organic, or functional disease or psychiatric disorder likely to interfere with his/her ability to drive a motor vehicle safely;

(i) has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses, or visual acuity separately corrected in one or both eyes to 20/40 (Snellen) or better with corrective lenses. Applicants with binocular vision shall have a field vision of at least 70° in the horizontal meridian in each eye, and monocular applicants shall have a field vision of at least 70° temporal and 30° nasal;

(j) first perceives a forced whispered voice in the better ear at not less than 5 feet with or without the use of a hearing aid or, if tested by use of an audiometric device, does not have an average hearing loss in the better ear greater than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a hearing aid when the audiometric device is calibrated to American National Standard Z24.5-1951;

(k) does not use:

(i) any drug or substance identified in 21 CFR 1308.11 Schedule I, an amphetamine, narcotic, or any habit-forming drug; or

(ii) any non-Schedule I drug or substance that is identified in the other Schedules in 21 CFR part 1308 except when the use is prescribed by a licensed medical practitioner, as defined in 49 CFR 382.107, who is familiar with the driver's medical history and has advised the driver that the substance will not adversely affect the driver's ability to safely operate a commercial motor vehicle; and

(l) has no current clinical diagnosis of alcoholism. 

 

History: 61-5-112, 61-5-125, MCA; IMP, 61-5-104, 61-5-105, 61-5-110, 61-5-111, 61-5-112, MCA; NEW, 1988 MAR p. 62, Eff. 1/15/88; AMD, 1989 MAR p. 486, Eff. 4/28/89; AMD, 2014 MAR p. 117, Eff. 1/17/14.

23.3.507   MEDICAL STATEMENT REQUIRED FOR TYPE 2 ENDORSEMENT
(1) An applicant for a type 2 endorsement must complete a medical statement on a form supplied by the department unless he/she presents a current medical certificate. The statement includes:

(a) the applicant's full name as it appears on the Montana driver's license or application;

(b) the applicant's date of birth;

(c) the applicant's social security number;

(d) whether or not the applicant has a current federal waiver or exemption, and, if so, for what condition;

(e) whether or not the applicant has a loss of a foot, a leg, a hand, or an arm;

(f) whether or not the applicant has an impairment of any limb or extremity;

(g) whether or not the applicant has an established medical history or clinical diagnosis of diabetes mellitus, currently requiring insulin for control, and, if so, the date of the last episode or treatment;

(h) whether or not the applicant has a current clinical diagnosis of heart disease or cardiovascular disease of a variety known to be accompanied by fainting, dizziness, shortness of breath, collapse, or congestive cardiac failure, and, if so, the name of the condition and the date of the last episode or treatment;

(i) whether or not the applicant has an established medical history or clinical diagnosis of a respiratory disease;

(j) whether or not the applicant has an established medical history or clinical diagnosis of rheumatic, arthritic, orthopedic, muscular, or vascular disease which could interfere with his ability to perform the normal tasks associated with the operation of a motor vehicle;

(k) whether or not the applicant has an established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of muscular or motor control, and if so, the name of the condition and the date of the last episode;

(l) whether or not the applicant has a mental, nervous, organic, or functional disease or psychiatric disorder likely to interfere with ability to drive a motor vehicle safely;

(m) whether or not the applicant wears corrective lenses for correction of distant vision;

(n) whether or not the applicant uses amphetamines, narcotics, or any habit forming drugs;

(o) whether or not the applicant has a current clinical diagnosis of alcoholism;

(p) the signature of the applicant swearing or affirming that the items in the medical statement are true and correct to the best of his/her knowledge and belief.

(2) If the applicant has any condition set forth in items (f) through (o) , the applicant may be required to submit a statement from his physician which includes, but is not limited to:

(a) the current clinical diagnosis of the condition in question;

(b) the date(s) , within the last 5 years, of any episode of the conditions which resulted in a loss of consciousness or control, or which prevented the driver from operating a motor vehicle;

(c) the medication(s) , if any, currently prescribed for the condition; and

(i) known side effects of each medication(s) which could tend to affect the driver's state of consciousness, vision, or muscular control;

(ii) whether or not the side effects noted have been exhibited or reported by the driver;

(iii) a statement indicating whether the condition is chronic or temporary and, if chronic, whether controlled or advancing.

(3) If it is determined from the information contained in the physician's statement that the driver is subject to loss of consciousness, motor control, mental alertness, or skeletomuscular freedom of movement to a degree which affects his ability to operate a motor vehicle, either from his condition or from medication, the application must be denied.

History: Sec: 61-5-112, 61-5-117, 61-5-125 MCA; IMP, Sec. 61-5-102, 61-5-104 to 61-5-107, 61-5-110 to 61-5-113, 61-5-201, 61-5-206, 61-5-207 MCA; NEW, 1988 MAR p. 62, Eff. 1/15/88; AMD, 1989 MAR p. 486, Eff. 4/28/89.

23.3.508   APPLICATION FOR ENDORSEMENT

(1) An applicant for any type or class endorsement must successfully complete a vision examination, and new applicants must successfully complete a written and driving examination as designated for the type(s) and class(es) of endorsement(s) applied for.

(2) An applicant for either type commercial motor vehicle endorsement must pay the fee for the type of endorsement (type 1 or type 2) applied for as a portion of his application. No examination will be conducted nor will any endorsement be issued until the required fee is paid. There is no fee for hazardous material, passenger, double/triple or tank endorsement(s) to a driver's license.

(a) Payment of the required fee entitles the applicant to 3 attempts of the examination within 6 months from the date of application except that no fee examinations shall be limited to 6 attempts within 6 months. If the applicant has not successfully completed the application within the 6-month period, the fee is forfeit, and any receipts or permits issued as a result of payment of the fee are void and must be returned to the department. A failure of an eye test is not an attempt at the examination.

(3) Each application for a new or renewal commercial motor vehicle endorsement must include:

(a) the applicant's full name as it appears on his/her Montana driver's license or application for a Montana driver's license;

(b) a description of the applicant's physical characteristics, including height, weight, hair and eye color;

(c) the applicant's date of birth;

(d) the applicant's social security number which, in the case of all commercial motor vehicle endorsements, becomes a part of the applicant's permanent record and it will be submitted, as required by federal regulations, to the Commercial Driver License Information System (CDLIS) .   The applicant's driver's license number may be the social security number or, if the applicant chooses, a number assigned by the department;

(e) an acknowledgement by the examiner of his observation of a current medical certificate (required for type 1 endorsements) or his approval of a medical statement (required for type 2 endorsements) in the name of the applicant.   All medical statements and medical supplements will be attached to and become a part of the application;

(i) In the event a medical statement cannot be approved by the examiner, that fact will be noted and the medical statement sent to headquarters for review.

(ii) In the event the examiner has knowledge that the applicant's medical condition has changed since the issuance of a medical certificate, the examiner may require a more recent certificate.

(f) whether or not the applicant is currently licensed in, or has an active record in, any other state(s) , a list of the state(s) , if any, and the license numbers assigned to him/her;

(i) No commercial motor vehicle endorsement may be issued to an applicant who is licensed or has an active record in any other state, unless the applicant surrenders the license(s) or, in the case of active record(s) , provides a statement that the license(s) in question have been lost or returned to the state(s) of issuance. The surrendered license(s) or statement(s) must be attached to the application, and will be returned to the state(s) of issuance by the department.

(ii) An applicant who denies licensure, or having an active record(s) in any other state(s), and is later found to have been licensed or to have an active license record(s) at the time of application is ineligible for a commercial motor vehicle endorsement, and the endorsement(s) will be cancelled as provided in section 61-5-201, MCA.

(g) whether or not the applicant has ever had a driver's license, permit, endorsement, or privilege to drive cancelled, suspended, revoked, or denied by this state or any other state(s) . If the answer is yes, the applicant must identify all action(s) taken, the date(s) of the action(s) , the state(s) where the action (s) were taken, and the ending dates of the action(s) ;

(i) No commercial vehicle endorsement may be issued to an applicant who is currently suspended or revoked by this or any other state.

(ii) An applicant who denies an action by this or any other state against his/her driver's license or driving privilege who is later found to have had such an action taken, and to have had a clear opportunity to have knowledge of the action, is ineligible for a commercial motor vehicle endorsement, and the endorsement(s) will be cancelled as provided in section 61-5-201, MCA.

(h) whether or not the applicant has knowledge and understanding of the state and federal regulations governing the operation of commercial motor vehicles. If the answer is no, the applicant is ineligible to receive a commercial motor vehicle endorsement.

History: Sec. 61-5-112, 61-5-117, 61-5-125 MCA; IMP, Sec. 61-5-111, 61-5-112 MCA; NEW, 1988 MAR p. 62, Eff. 1/15/88; AMD, 1989 MAR p. 486, Eff. 4/28/89.

23.3.509   CERTIFICATE OF EMPLOYMENT
(1) The certificate of employment/experience, which may be issued singly or as part of an application for a commercial motor vehicle operator's endorsement, is on a form furnished by the department, and includes:

(a) the full name of the applicant as it appears on his/ her Montana driver's license or application;

(b) the applicant's date of birth;

(c) the applicant's social security number;

(d) the name and title of the person making the certification and the name of the company which employs the certifier;

(e) in the case of an owner/operator, the license number of at least one commercial vehicle registered to him/her;

(f) the length of employment for this employer, or in the case of a new hire or currently unemployed individual, the name and length of service as a commercial motor vehicle operator for the most recent employer as shown on the application for employment;

(g) a list of the type(s) of vehicles driven and whether the vehicles have air or air/combination brakes, each followed by the cumulative length of experience in that type;

(h) in the case of a new hire or person with less than 3 months employment, a brief statement outlining any driver training conducted by the employer;

(i) the notarized signature of the certifier swearing or affirming that the items in the certification are true and correct to the best of his/her knowledge or belief;

(j) the signature of the applicant swearing or affirming that the information provided to the employer and used to complete the certification is true and correct to the best of the applicant's knowledge and belief.

History: Sec. 61-5-112, 61-5-117, 61-5-125 MCA; IMP, Sec. 61-5-102, 61-5-104 to 61-5-107, 61-5-110 to 61-5-113 MCA; NEW, 1988 MAR p. 62, Eff. 1/15/88; AMD, 1989 MAR p. 486, Eff. 4/28/89.

23.3.510   ONE LICENSE AFFIDAVIT
(1) The one license affidavit, which may be issued singly or as part of an application for a commercial motor vehicle operator's endorsement, is completed on a form furnished by the department and contains:

(a) the full name of the applicant as it appears on his/her Montana driver's license or application;

(b) the applicant's date of birth;

(c) the applicant's social security number;

(d) whether or not the applicant is currently licensed to drive a motor vehicle in any other jurisdiction(s) and, if so, which jurisdiction(s) , the license number(s) assigned, and the expiration date(s) of the license(s) ;

(e) whether or not the applicant is currently licensed or endorsed to drive a commercial motor vehicle by any other jurisdiction(s) and, if so, which jurisdiction(s) , the license number(s) assigned, and the expiration date(s) of the license(s) ;

(f) whether or not the applicant has an active license record in any other jurisdiction(s) and, if so, which jurisdiction(s) ;

(g) the signature of the applicant swearing or affirming that the information given in the one license affidavit is true and correct to the best of his/her knowledge and belief.

History: Sec. 61-5-112, 61-5-117, 61-5-125 MCA; IMP, Sec. 61-5-102 to 61-5-107, 61-5-110 to 61-5-112, 61-5-114 to 61-5-116 MCA; NEW, 1988 MAR p. 62, Eff. 1/15/88.

23.3.511   SCHEDULING EXAMINATIONS
(1) An applicant for a commercial motor vehicle endorsement may make application, present medical certificates or medical statements, certificates of employment/experience, and one license affidavits, and take the vision and written examination at any driver services examination station during normal business hours.

(2) The driving examination for a class A endorsement is given on an appointment basis. Upon successful completion of all other requirements for a class A endorsement, the examiner will schedule an appointment at a class A examination station closest or most convenient to the applicant. At the request of the applicant, an examination will be scheduled in the applicant's home county within 90 days from the date of application.

(a) It is the applicant's responsibility to appear at the appointed time and place, and to provide a vehicle in good working order suitable to the class A endorsement applied for.

(b) If the applicant does not appear, or appears more than 15 minutes late for the scheduled appointment, or provides a vehicle that does not meet the requirements for the classification applied for, or that is unsafe or not in good working order, his appointment will be cancelled, or reset to the next available time.

(c) If the applicant has had an appointment cancelled due to nonappearance and had not informed the bureau of his inability to keep the appointment at least 24 hours prior to the scheduled time, a reappointment fee of $20 may be required to establish another appointment.

(i) Fees collected under this provision shall be used by the bureau to abate the travel costs of commercial vehicle examiners.

(ii) Reappointment fees may be waived if the appointee was incapacitated and unable to contact the bureau.

(d) If an applicant does not accept the appointment offered, it is the applicant's responsibility to obtain his/her own appointment by contacting the examiner in the area in which an appointment is desired.

(3) The driving examination for a class B endorsement is given at the examination station on a first-come, first-served basis, unless city ordinance or restriction or congestion of the test route limits its use. In that event, the examination is given as in (1) of this rule. It is the applicant's responsibility to provide a truck or bus in good working order suitable for the class B endorsement.

History: Sec. 61-5-112, 61-5-117, 61-5-125 MCA; IMP, Sec. 61-5-110, 61-5-112 MCA; NEW, 1988 MAR p. 62, Eff. 1/15/88; AMD, 1989 MAR p. 486, Eff. 4/28/89.

23.3.512   WRITTEN TESTS FOR ENDORSEMENTS

(1) Separate written tests will be given for each type or class of endorsement.

(2) Written tests for type 1 endorsements consist of 50 questions relating to the operating characteristics of articulated vehicles, multi-unit vehicles, and vehicles with a GVWR of 26,001 lbs. or more; applicable federal regulations; Montana laws relating to driver responsibilities, movement of traffic, vehicle size and weight, vehicle equipment, road signs, and safety practices. The maximum score for the type 1 endorsement written test is 100. Two points are deducted for each incorrectly marked answer or unanswered question. The minimum passing score is 80.

(3) Written tests for type 2 endorsements consist of 40 questions relating to the operating characteristics of articulated vehicles, multi-unit vehicles, and vehicles with a GVWR of 26,001 lbs. or more; Montana laws relating to driver responsibilities, movement of traffic, vehicle size and weight, vehicle equipment, road signs, and safety practices. The maximum score for the type 2 written test is 100. Two and one-half points are deducted for each incorrectly marked answer or unanswered question. The minimum passing score is 80.

(4) Written tests for hazardous materials and tank endorsements consist of 20 questions relating to the handling, storage, driver responsibilities, and reporting requirements relating to hazardous materials, and the operating characteristics, driver responsibilities, and load shift characteristics of tank vehicles. The maximum score for hazardous material or tank endorsement written tests is 100. Five points are deducted for each incorrectly marked answer or unanswered question. The minimum passing score is 80.

(5) Written tests for passenger endorsements consist of 20 questions relating to special driver responsibilities, handling characteristics, operating requirements, state and federal laws and regulations, and safety practices relating to the operating of passenger carrying vehicles. The maximum score for the passenger endorsement written test is 100. Five points are deducted for each incorrectly marked or unanswered question. The minimum passing score is 80.

(6) Written tests for double/triple endorsements consist of 20 questions relating to special driver responsibilities, special handling and operating characteristics and state and federal laws and regulations regarding the operation of double/triple trailer combinations. The maximum score for the double/triple trailer endorsement written test is 100. Five points are deducted for each incorrectly marked answer or unanswered question. The minimum passing score is 80.

(7) Written tests for air brake operation will consist of 10 questions relating to the operating characteristics of air or air/combination braking systems, safety factors, and applicable state and federal laws and regulations. The maximum score for the air brake test is 100. Ten points are deducted for each incorrectly marked answer or unanswered question. The minimum passing score is 80.

(8) Illiterates are:

(a) ineligible to receive a type 1 endorsement;

(b) eligible to receive a type 2 endorsement if they are examined orally by the examiner and pass the oral test.

(9) Applicants observed cheating on the written test are immediately failed.

History: Sec. 61-5-112, 61-5-117, 61-5-125 MCA; IMP, Sec. 61-5-110, 61-5-112 MCA; NEW, 1988 MAR p. 62, Eff. 1/15/88; AMD, 1989 MAR p. 486, Eff. 4/28/89.

23.3.513   DISQUALIFICATION OF VEHICLE FOR EXAMINATION

(1) A vehicle used for the driving portion of a commercial motor vehicle operator's endorsement examination must be in safe operating condition, properly registered, insured, and, if loaded, have the load properly secured.

(2) An examination will be denied if:

(a) the vehicle is loaded with any hazardous material;

(b) the vehicle is improperly or illegally loaded;

(c) the vehicle has defective brakes, determined as follows:

(i) absence of braking action upon application of the service brakes;

(ii) observably missing, loose, or broken mechanical components;

(iii) audible air leak at brake chamber;

(iv) unbalanced steering axle braking, observable during operation when the vehicle or a component of the vehicle swerves noticeably upon application of the service brake;

(v) no brakes on the vehicle or combination of vehicles are applied upon activation of the parking brake system;

(vi) a low pressure warning device that is missing or inoperative at 55 PSI and below;

(vii) any hydraulic brake system which has:

(A) no pedal reserve with engine running, except by pumping pedal;

(B) a brake failure or low fluid warning light on;

(d) the vehicle has any frame member that is:

(i) cracked, loose, or broken so as to adversely affect support of functional components such as steering gear, fifth wheel, engine, transmission, suspension, or body parts;

(ii) cracked, loose, sagging, or broken, permitting shifting of the body onto moving parts or other condition indicating imminent collapse of the frame;

(e) the vehicle exhibits any condition, including loading, that causes the body, frame, or load to be in contact with a tire or any part of a wheel assembly;

(f) the vehicle's tires are:

(i) worn to the point that any part of the breaker strip or casing ply is showing in the tread area;

(ii) labeled "not for highway use";

(iii) flat, or noticeably leaking;

(g) the vehicle's wheels and rims are bent, broken, cracked, improperly seated, or sprung, or have mismatched lock or side rings;

(h) the vehicle is not currently registered;

(i) the vehicle is not currently insured, or does not have a valid insurance certificate;

(j) the vehicle is not in running condition sufficient to complete the driving test.

History: Sec. 61-5-112, 61-5-117, 61-5-125 MCA; IMP, Sec. 61-5-110, 61-5-112 MCA; NEW, 1988 MAR p. 62, Eff. 1/15/88.

23.3.514   GENERAL RULES FOR DRIVING EXAMINATIONS FOR CLASS A , B , AND C ENDORSEMENTS

The following rules apply to class A, B, and C endorsement driving examinations:

(1) When a driving examination is required for a passenger endorsement, the examination must be conducted in a passenger vehicle capable of carrying more than 15 passengers including the driver which is within the passenger class applied for. Successful completion of such an examination will authorize the applicant to operate any other type(s) of vehicle within the class.

(2) Unless an exception is appropriate, only the examiner and the applicant may be in the vehicle during the examination. No exception may be granted unless the vehicle has appropriate seating for at least 3 occupants, and an excepted passenger will not interfere with the applicant's operation of the vehicle or the examiner's ability to observe the applicant. An example of a situation where an exception is appropriate is a case in which the applicant requires the services of an interpreter or a translator.

(3) The examiner will determine, based on the road conditions, the test route, the weather, and the vehicle to be driven, whether or not to proceed with a drive test. If completion of a drive test is questionable due to the above factors, and the applicant has been so advised by the examiner, the test shall be counted as a failure if the applicant insists that the test be given but is unable to complete it due to those conditions.

(4) If the applicant's vehicle comes into physical contact with another vehicle, a pedestrian, or a fixed object, except slight bumper contact in a parking or backing maneuver or contact with a pedestrian by the pedestrian's intent, the test will be immediately discontinued and counted as a failure.

(5) If an accident involving another vehicle or a pedestrian occurs during a drive test the applicant must report the accident to the appropriate law enforcement agency if there is any visible damage, injury, or complaint of injury.

(6) If any of the following events occur, the applicant is failed and the test will be discontinued:

(a) dangerous action that would cause another driver or pedestrian to take defensive action, such as stalling the vehicle within a busy intersection, or driving one or more wheels over the curb or onto a sidewalk;

(b) clear violation of any traffic law;

(c) lack of cooperation, refusal to perform, an offer of a bribe or gratuity, or willful disobedience of a direction from the examiner;

(d) various or repeated minor mistakes, causing the deduction of more than the permitted number of points from the driving test score.

(7) Whenever an applicant is failed and a test discontinued, the examiner decides whether the vehicle may be returned to the starting point of the examination by the applicant or parked in a safe place for later pick-up by another driver or a tow car.

(8) Test routes for class A endorsements will be established in each county. Each test route will be mapped and approved by the commercial vehicle operator program supervisor, who will maintain a current file of approved class A routes. Driving test routes for class B and C endorsements will be as described in ARM 23.3.122 of this chapter, unless city ordinances or congestion interfere, in which case the route shall be the same as, or a portion of, the class A route.

(9) The applicant for a class A, B, or C endorsement, as a portion of the examination, will demonstrate to the examiner a "pre-trip" inspection of his vehicle and will be graded on the conduct of the inspection. The inspection includes:

(a) service brakes, including trailer brake connections, if any;

(b) parking (hand brake) ;

(c) steering mechanism;

(d) lighting devices and reflectors;

(e) tires and wheels;

(f) horn;

(g) windshield wiper(s) ;

(h) rear vision mirror(s) ;

(i) coupling devices, if any;

(j) security of load, if any, and security of trailer doors, if any;

(k) emergency equipment required for the type of vehicle used;

(l) a visual check of the vehicle and load, if any, for loose equipment or cargo that could become detached during operation and cause a traffic hazard;

(m) oil, water, belts, and fuel;

(n) engine starting;

(o) instrument functions;

(p) adjustment of side mirrors and condition of windows and mirrors;

(q) fluid leaks;

(r) foot and hand brake operation with vehicle in motion.

History: Sec. 61-5-112, 61-5-117, 61-5-125 MCA; IMP, Sec. 61-5-110, 61 MCA; NEW, 1988 MAR p. 62, Eff. 1/15/88; AMD, 1989 MAR p. 486, Eff. 4/28/89.

23.3.515   DRIVING EXAMINATION FOR CLASS A, B, AND C ENDORSEMENTS
(1) The driving examination for class A, B, and C endorsements is given over a test route divided into scoring sections. Up to 6 behaviors are scored at each scoring section. The accumulation of 25 errors constitutes failure of the test.

 

(2) "Stopping" occurs when the driver begins deceleration to a stop and ends when he has pulled away after the stop. Stopping is scored at the first 5 places along the test route where the driver must come to a complete stop. Scoring ceases after 5 scoreable stops. The following elements of stopping are scored:

(a) Downshifting. When downshifting is properly done the transmission is shifted to the gear appropriate to the vehicle speed, the applicant shifts without hesitation (does not coast in neutral) , the vehicle does not lurch or jerk noticeably when the clutch is released, lugging the engine or excessive revving is avoided, gears are shifted smoothly without missing or clashing gears. The applicant generally must downshift through the gear pattern when reducing speed. A downshifting error is not recorded if traffic prevents the applicant from successfully shifting down through the gears to decelerate, or is moving too slow for the applicant's vehicle to reach an initial speed sufficient to require downshifting.

(b) Braking. Assessment begins when the brake is first applied and ends when the vehicle comes to a complete stop. The applicant must regulate brake pressure to bring the vehicle to a complete stop without excessive deceleration.

(c) Stopping point. The applicant must bring the vehicle to a complete stop at a designated point. Assessment of this performance takes place after the vehicle has come to a complete stop. The vehicle's front bumper must be within 3 feet of a delineated pedestrian crosswalk or stop line, but not beyond it.

(d) Pulling away. The applicant must accelerate his vehicle smoothly from a stopped position. Assessment of this performance takes place at the initial point of movement. The applicant must not accelerate excessively, and the engine must remain running.

(3) "Turning" occurs as the applicant begins a turning maneuver from one street to another, and ends after he has upshifted through four gears after completing the turn. The following elements of turning are scored:

(a) Speed. The applicant must adjust speed to safely negotiate a turn at an intersection. Assessment begins as the vehicle reaches the intersection and ends when it enters the new travel lane. The turn must be completed without excessive outward force, no braking may occur during the turn, and speed may not fall more than 4 m.p.h. below normal for the turn.

(b) Mirror checks. The applicant must check the appropriate mirror during a right or left turn to observe for clearance from other vehicles or roadside objects. Assessment of this maneuver occurs when the rear of the vehicle reaches the apex of the turn, or is nearest to any obstruction.

(c) Single turn lane. The applicant must position the vehicle close enough to the right side of the road to prevent being passed on the right when preparing for a tight right turn. Assessment of this performance begins upon approaching the intersection and ends when the vehicle has reached the apex of the turn. The vehicle must remain within 6 feet of the roadside (curb, shoulder, or parked vehicles) until the front of the vehicle has entered the new street.

(d) Multiple turn lanes. The applicant must use the proper lane when turning where multiple turn lanes are available. For a right turn the applicant must position the vehicle within the far left lane. For a left turn, the applicant must position the vehicle within the far right lane.

(e) Lanekeeping. The applicant must keep the vehicle within a single lane while turning. Assessment begins when the vehicle starts the turn and ends when trailer wheels clear the curb area. The applicant must negotiate the turn without the rear wheels touching or crossing the road edge, a lane delineator, or the curb.

(f) Cancel signal. The applicant must cancel the directional signal after completing a turn or merge. Assessment of this performance begins after the turn, and ends

3 seconds after the vehicle has straightened out following the turn.

 

(g) Upshifting. The applicant must upshift properly through at least the first four gears after completing the turn. Assessment of this performance begins when the first shift is made, and ends when the vehicle has been shifted into fourth gear. The transmission must be shifted through four gears, the applicant must shift without hesitation, the gears must be shifted in the proper sequence, the shifts must be completed smoothly without noticeable jerking or clashing of gears, and no gear may be missed. Skipping a gear does not count as a miss, and is not penalized if it results in a smooth shift without lugging.

(4) "Merging" begins when the vehicle has entered the merge ramp and ends 3 seconds after the vehicle has completely entered the new road. The following elements of merging are scored:

(a) Signaling. The applicant must signal intent to merge onto an adjacent roadway. Assessment begins after the vehicle enters the merge ramp and ends when any part of the vehicle enters the main roadway.

(b) Mirror check. Assessment begins as the vehicle enters the acceleration lane and ends when it starts movement to the new lane. The vehicle must be aligned parallel to the adjacent roadway before the mirror check is made. The applicant must look into the left outside mirror after the vehicle is aligned, and before any movement into the new lane.

(c) Speed. The applicant must accelerate to a speed sufficient to permit safe entry onto the adjacent roadway (as close to highway speed as possible) . Assessment begins as the vehicle enters the acceleration lane and ends when it enters the new travel lane on the adjacent roadway. The vehicle must be accelerated throughout the acceleration lane and the vehicle should not slow or stop prior to entering highway.

(5) "Straight driving" is scored over one city block or some other easily identifiable straight section approximately one-tenth of a mile long. The following elements of straight driving are scored:

(a) Speed. The applicant must operate the vehicle within 10 m.p.h. of the posted speed limit without exceeding the limit when driving on a straight road. Speed is not scored if the vehicle cannot be driven within 10 m.p.h. of the limit due to traffic.

(b) Mirror checks. The applicant must check following traffic in the rearview mirrors on each side at least once in every 10 seconds of straight driving. Errors will not be recorded if the examiner is unable to observe the applicant's eye movement or any occurrence distracts the examiner long enough for the applicant to make the correct response undetected.

(c) Lanekeeping. The applicant must keep the vehicle within the bounds of existing travel lanes on a straight road. Normal lane changes are not scored in this section.

(6) "Lane change" begins just before the applicant initiates a lane change and ends 3 seconds after the vehicle has completed the lane change. The examiner scores lane changing at the first 3 scoreable instances. The following elements of lane changes are scored:

(a) Mirror checks. The applicant must check the appropriate mirror to detect traffic before initiating a lane change. The examiner will observe whether the applicant's eyes are directed toward the appropriate outside mirror prior to initiating a lane change.

(b) Gradual change. Assessment begins when the applicant starts to change lanes and ends when the lane change is completed. After initiating the turn signal, the applicant must begin the lane change and then pause at least 3 seconds before crossing the delineator into the next lane in order to allow any unseen traffic to get out of the way. No error occurs if traffic causes an abrupt lane change.

(7) "Curves" assessment begins as the vehicle enters a curve and ends when the vehicle has completely straightened out after the curve. The following elements of curves are scored:

(a) Speed. The applicant must adjust speed to safely negotiate a curve. The vehicle must be driven through the curve without excessive force, the vehicle should not be braked while turning, gears should not be shifted up or down while the vehicle is turning, and the speed must not drop below a normal safe speed by more than 20%.

(b) Lanekeeping. The applicant must keep his vehicle within the bounds of existing travel lanes.

(8) "Hills."   The following performances are scored at

hills:

(a) Starting on hill. The applicant must accelerate his vehicle smoothly from a complete stop using additional power to compensate for the vehicle's tendency to roll backwards. The applicant must not accelerate the vehicle excessively, the engine must remain running, and the vehicle must not roll backwards (parking or service brakes may be used to prevent rollback) .

(b) Shifting up hill. The applicant must keep the vehicle engine speed within normal operating range, avoiding lugging or overspeeding the engine. Assessment begins when the vehicle starts its upward path and ends when it reaches the top of the grade. The applicant must operate the vehicle within the specified operating range (the normal operating r.p.m. level) . The engine must not lug noticeably before a shift is made, and the applicant must not miss the downshift and have to shift to an even lower gear or stop and start the vehicle in first gear.

(c) Speed downhill. The applicant must maintain a safe speed on downgrades. Assessment begins as the vehicle starts its descent and ends when the entire vehicle has leveled off at the bottom of the grade. The applicant must achieve an acceptable speed not exceeding the posted limit or more than 9 m.p.h. below the posted limit. The applicant must not fan or pump the brakes.

(9) "Traffic restrictions." Assessment begins at the point where a sign, signal, or roadway marking designates the start of a travel restriction and ends when the travel restriction is passed. The applicant must comply with travel restrictions imposed by signs, signals, and roadway markings.

(10) "Blind intersections." Assessment begins prior to the vehicle entering the intersection and ends when the vehicle has entered the intersection. The following elements are scored:

(a) Speed. The applicant must release the accelerator prior to entering a blind intersection.

(b) Observation. The applicant must check to the sides by turning his head approximately 45° in each direction, making a visual check at the point where an intersecting vehicle would first become visible.

History: Sec. 61-5-112, 61-5-117, 61-5-125 MCA; IMP, Sec. 61-5-110, 61-5-112 MCA; NEW, 1988 MAR p. 62, Eff. 1/15/88; AMD, 1989 MAR p. 486, Eff. 4/28/89.

23.3.516   DRIVING EXAMINATION FOR CLASS B ENDORSEMENT

This rule has been repealed.

History: Sec. 61-5-112, 61-5-117, 61-5-125 MCA; IMP, Sec. 61-5-110, 61-5-112 MCA; NEW, 1988 MAR p. 62, Eff. 1/15/88; REP, 1989 MAR p. 486, Eff. 4/28/89.

23.3.516A   AIR BRAKE RESTRICTION
(1) All commercial vehicle operator's endorsements shall be issued subject to the restriction "may not operate air brake or air brake/combination equipped vehicles" unless the applicant has successfully completed a driving examination in a vehicle equipped with air brake or air brake/ combination systems or has presented a certificate of experience showing at least 24 months experience in the operation of air brake or air brake/combination equipped vehicles.
History: Sec. 61-5-112, 61-5-117, 61-5-125, MCA; IMP, Sec. 61-5-110 to 61-5-113, 61-5-201, 61-5-207, 61-5-305; NEW, 1989 MAR p. 486, Eff. 4/28/89.

23.3.517   INSTRUCTION PERMITS
(1) An applicant for a commercial motor vehicle endorsement issued an instruction permit under the provisions of section 61-5-106, MCA, may not operate a commercial motor vehicle unless accompanied by a driver possessing a commercial motor vehicle endorsement allowing him to operate the type of vehicle the applicant is operating.
History: Sec. 61-5-112, 61-5-117, 61-5-125 MCA; IMP, Sec. 61-5-106 MCA; NEW, 1988 MAR p. 62, Eff. 1/15/88.

23.3.518   TEMPORARY LICENSES
(1) Applicants for a new or renewal type 1 endorsement, or conversion of an existing chauffeur's license to a type 1 endorsement, will, upon fulfillment of all requirements for a type 1 endorsement, be issued a temporary license valid for 3 months from the date of issuance on a form furnished by the department. The temporary license identifies the applicant, any restrictions imposed on him, the class of endorsement issued, the driver's license number assigned, and the date of issue. The temporary license must be signed by the applicant and the issuing examiner. The temporary license may be used while the department investigates the facts relative to the applicant's right to receive a type 1 commercial motor vehicle endorsement. The temporary license must be in the driver's immediate possession while operating any motor vehicle, and is invalid when the applicant's driver's license has been issued, or for good cause refused.

(2) Applicants for type 2 endorsements will be issued temporary licenses as provided in ARM 23.3.139.

History: Sec. 61-5-112, 61-5-117, 61-5-125 MCA; IMP, Sec. 61-5-106, MCA; NEW, 1988 MAR p. 62, Eff. 1/15/88.

23.3.519   EXCHANGING OR CONVERTING A CHAUFFEUR'S LICENSE TO COMMERCIAL VEHICLE OPERATOR'S ENDORSEMENT
(1) Any person wishing to exchange or convert a chauffeur's license to a type 1 or type 2 commercial motor vehicle operator's endorsement must:

(a) have at least 24 months experience as a commercial vehicle operator immediately preceding the date of application and be currently employed as a commercial motor vehicle operator or an owner/operator;

(b) be qualified to obtain a commercial vehicle operator's endorsement under the provisions of ARM 23.3.503 or 23.3.505 and meet the requirements for the endorsement applied for;

(c) in addition to the traffic law violation requirements of ARM 23.3.503 and 23.3.505 have neither a violation of state or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with any traffic accident, nor a record of an accident where he/she was at fault, during the two years immediately preceding the application for a commercial operator's endorsement;

(d) pay the required fee;

(i) renewal applicants pay the full 4-year fee;

(ii) conversion applicants pay a fee based on the number of years and/or portions of years remaining before expiration of their current driver's license.

(e) if the application is for a type 1 endorsement, successfully complete all written examinations required for the class of endorsement(s) applied for.

(2) If a person applying for an exchange or conversion to a commercial motor vehicle operator's endorsement does not qualify as in (1) (a) or (c) above, he/she may obtain the endorsement by successfully completing all required examinations.

(3) If a chauffeur's license is in a probationary status due to convictions resulting from violations of traffic laws occurring while operating a commercial motor vehicle, the person is ineligible for a type 1 or type 2 endorsement until the probationary status has ended and the chauffeur's license has been restored. The license may be renewed as a driver's license only.

(4) If the status of the applicant's chauffeur's license cannot be determined by the examiner the application will be processed completely, but the applicant will not be issued any type of license or permit. All application materials will be sent to driver services headquarters for a final determination of status, and the endorsed license issued or for good cause denied. If the denial relates only to the endorsement, any fee paid for the endorsement will be refunded.

History: Sec. 61-5-112, 61-5-117, 61-5-125 MCA; IMP, Sec. 61-5-102, 61-5-105 to 61-5-108, 61-5-110 to 61-5-112, 61-5-201, 61-5-209, 61-5-210 MCA; NEW, 1988 MAR p. 62, Eff. 1/15/88; AMD, 1989 MAR p. 486, Eff. 4/28/89.

23.3.520   REPORTING VIOLATIONS OF COMMERCIAL VEHICLE OPERATORS
(1) In addition to the reports of driving records required by section 61-6-107, MCA, the department will report all notices of conviction received by it to other states, employers, and agencies of the federal government when required to do so by federal regulations, if the conviction(s) result from violation(s) occurring while the driver is operating a commercial motor vehicle.
History: Sec. 61-5-112, 61-5-117, 61-5-125 MCA; IMP, Sec. 61-5-107 MCA; NEW, 1988 MAR p. 62, Eff. 1/15/88.

23.3.521   EMERGENCY OPERATION OF COMMERCIAL MOTOR VEHICLES

(1) Supervisory or administrative personnel not ordinarily assigned to duties involving the operation of commercial motor vehicles may operate commercial motor vehicles without an endorsement on an emergency basis for the duration of an emergency such as a natural disaster, riot, civil disorder, or major power outage.

History: Sec. 61-5-112, 61-5-117, 61-5-125 MCA; IMP, Sec. 61-5-112 MCA; NEW, 1988 MAR p. 62, Eff. 1/15/88.

23.3.522   APPLICABILITY OF EXISTING RULES
Only the following rules in ARM Title 23, chapter 3, subchapter 1, apply to the handling of applications for commercial motor vehicle endorsements:

(1) 23.3.101 COUNTY TREASURER AS FEE COLLECTING AGENTS;

(2) 23.3.112 ORDER OF STEPS IN EXAMINING;

(3) 23.3.114 SIGNATURE OF APPLICANT;

(4) 23.3.115 CONSENT OF PARENTS OR GUARDIANS;

(5) 23.3.118 VISION TEST;

(6) 23.3.125 INCOMPLETE EXAMINATION;

(7) 23.3.126 TIME LIMIT ON SECOND AND SUBSEQUENT EXAMINATIONS;

(8) 23.3.131 PROOF OF NAME, DATE OF BIRTH, AND SOCIAL SECURITY NUMBER FOR DRIVER'S LICENSE AND DUPLICATE DRIVER'S LICENSE APPLICATIONS;

(9) 23.3.135 GRACE PERIOD FOR RENEWALS;

(10) 23.3.136 TIME PERIOD FOR RENEWALS AND EXAMINATIONS;

(11) 23.3.137 RENEWALS TO TAKE TEST IF EXPIRED;

(12) 23.3.138 APPLICATION FOR MINORS;

(13) 23.3.142 DISHONORED CHECKS;

(14) 23.3.143 NATIONAL DRIVER REGISTRATION;

(15) 23.3.148 RELEASE OF DRIVING RECORDS FOR CONSUMER REPORTS;

(16) 23.3.149 DUPLICATE LICENSES.

History: Sec. 61-5-112, 61-5-117, 61-5-125 MCA; IMP, Sec. 61-5-102 to 61-5-106 MCA; NEW, 1988 MAR p. 62, Eff. 1/15/88.

23.3.523   SEASONAL CDL
(1) Notwithstanding all other rule provisions concerning commercial driver's licenses, the department will issue a seasonal commercial driver's license (CDL) to those qualified employees working in farm-related service industries. A person seeking a seasonal CDL must be employed in one of the following farm-related service areas:

(a) custom harvesters;

(b) farm retail outlets and suppliers;

(c) agri-chemical businesses;

(d) livestock feeders.

This seasonal CDL will be issued without the knowledge and skill testing normally required of any applicant for a CDL. The specific requirements for obtaining a seasonal CDL are detailed within this rule and take the place of the normal knowledge and skill testing requirements.

(2) The requirements for a seasonal CDL which, in effect, substitute for the knowledge and skills tests, are as follows:

(a) Applicants must have a "good driving record" in accordance with the federal requirements found in 49 CFR 383.77. These specific requirements are found in subsection (3) of this rule. Drivers who have not held any motor vehicle operators license for at least one year will not be eligible for the seasonal CDL. Drivers who have between one and two years of driving experience must demonstrate the "good driving record" requirements for their entire driving history. Drivers with more than two years of driving experience must meet the "good driving record" requirements for the two most recent years. All applicants for a seasonal CDL must possess a Montana driver's license.

(b) Seasonal CDL's will have the same renewal cycle (four years) as a regular CDL but will only be valid for the operation of a commercial motor vehicle for the time period of March 15 through September 11 in any given calendar year. The seasonal CDL must be revalidated each year for seasonal use by confirming the "good driving record" requirements. The seasonal CDL may be used throughout the year for the operation of motor vehicles not defined as commercial motor vehicles.

(c) Seasonal CDL holders are limited to operating class B and C vehicles only.

(d) Seasonal CDL holders may not drive vehicles carrying any placarded quantities of hazardous materials, except for diesel fuel in quantities of 1000 gallons or less transported only in vehicles with a total capacity of 1,000 gallons or less; liquid fertilizers (i.e., plant nutrients) in vehicles or implements of husbandry with total capacities of 3,000 gallons or less; and solid fertilizers (i.e., solid plant nutrients) that are not transported with any organic substances.

(e) Seasonal CDL holders may not operate a commercial motor vehicle beyond 150 miles from the place of business or the farm currently being served.

(f) Applicants intending to operate wholly in intrastate commerce must meet the eligibility requirements found in ARM 23.3.505, 23.3.506 and 23.3.507. Applicants intending to operate in interstate commerce must meet the eligibility requirements found in ARM 23.3.503 and 23.3.504.

(g) The fee for a seasonal CDL is $14.00.

(3) The "good driving record" requirements are:

(a) No multiple licenses;

(b) No driver's license suspensions, revocations, or cancellations of any kind;

(c) No convictions in any type of motor vehicle for driving under the influence of alcohol or drugs, leaving the scene of an accident, or committing any felony involving a motor vehicle;

(d) No convictions whatsoever (in any type of motor vehicle for serious traffic violations (i.e., speeding at 15 miles per hour greater than the posted limit; reckless driving; improper or erratic lane changes; following too closely) ;

(e) No convictions for accident-connected traffic law violations, and no record of at-fault accidents.

(4) Applicants must provide the department with a driving record sufficient to verify the "good driving record" requirements.

(5) Seasonal CDL holders will be subject to disqualification and license suspension or revocation under the same terms and conditions as any other CDL holder.  These terms and conditions are found in Title 61, chapter 8, part 8, MCA.  In addition, any violation of the "good driving record" requirements will result in the immediate suspension of the seasonal CDL.

History: 61-5-112, 61-5-117, 61-5-125, MCA; IMP, 61-5-102, 61-5-110, 61-5-112; NEW, 1994 MAR p. 169, Eff. 1/27/94.

23.3.524   REQUIREMENTS FOR A SCHOOL BUS ENDORSEMENT

(1) An applicant for a school bus endorsement must satisfy the following requirements:

(a) the applicant must pass the knowledge and skills test for obtaining a passenger endorsement;

(b) the applicant must pass a knowledge test concerning the loading and unloading of children, including the safe operation of stop signal devices, external mirror systems, flashing light and other warning and passenger safety devices required for school buses by state or federal law or regulation; emergency exits and procedures for safely evacuating passengers in an emergency; and state and federal laws and regulations related to safely traversing highway rail grade crossings; and

(c) except as provided in (2) , the applicant must take a driving skills test in a school bus of the same vehicle group as the school bus that the applicant will drive.

(2) On or before September 30, 2005, the driving skills test required under (1) (c) may be waived by the department for an applicant who currently holds a valid commercial driver's license (CDL) with a passenger endorsement if:

(a) the applicant certifies, and the department confirms, that during the two-year period immediately prior to applying for the school bus endorsement, the applicant meets the requirements set forth in (3) ; and

(b) the applicant provides evidence from an employer of the applicant's regular employment as a school bus driver and operation of a school bus representative of the group the applicant seeks to drive for the two-year period immediately preceding application for the school bus endorsement.

(3) Before the driving skills test may be waived under (2) , the applicant must be able to certify to the following:

(a) the applicant has held a valid CDL with a passenger vehicle endorsement to operate a school bus representative of the group the applicant will be driving;

(b) the applicant has been regularly employed as a school bus driver, driver's license or commercial driver's license has not been suspended, revoked or cancelled and the applicant has not been disqualified from operating a commercial motor vehicle;

(c) the applicant has not been convicted of any of the disqualifying offenses in 49 CFR 383.51(b) while operating a commercial motor vehicle or of any offense in a noncommercial motor vehicle that would be disqualifying under 49 CFR 383.51(b) if committed in a commercial motor vehicle;

(d) the applicant has not had more than one conviction of any of the serious traffic violations defined in 49 CFR 383.5 while operating a commercial or noncommercial motor vehicle;

(e) the applicant has not had any conviction for a violation of state or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with any traffic accident; and

(f) the applicant has not been convicted of any motor vehicle traffic violation that resulted in an accident.

(4) Effective October 1, 2005, a commercial driver's license with a passenger endorsement is not valid for the operation of a school bus and a separate school bus endorsement must be held.

History: 61-5-112, MCA; IMP, 61-1-134, 61-5-102, 61-5-110, MCA; NEW, 2005 MAR p. 1394, Eff. 7/29/05.

23.3.560   THIRD-PARTY CDL SKILLS TESTING PROGRAM ELIGIBILITY

(1) Entities as described in 61-5-118, MCA, are eligible to apply and enter into an agreement with the division to conduct skills testing for CDL applicants.

 

History: 61-5-118, MCA; IMP, 61-5-118, MCA; NEW, 2019 MAR p. 176, Eff. 2/9/19.

23.3.561   ACCEPTANCE OF THIRD-PARTY CDL SKILLS TESTING RESULTS

(1) The division will accept CDL skills test results conducted by division-trained and certified third-party testing examiners who work for a Montana certified third-party testing program.

(2) The division will accept valid testing results to satisfy an applicant's CDL skills tests as required under 49 CFR 383.

 

History: 61-5-118, MCA; IMP, 61-5-118, MCA; NEW, 2019 MAR p. 176, Eff. 2/9/19.

23.3.562   THIRD-PARTY CDL SKILLS TESTING PROGRAM APPLICATION

(1) Eligible entities must submit an application stating their desire to become a third-party CDL skills testing program. 

(2) The applicant must:

(a) be an eligible third-party CDL skills testing program entity;

(b) provide the applicant's name, physical, mailing, and e-mail addresses, and phone number;

(c) provide a representative's name, physical, mailing, and e-mail addresses, and phone number who will represent the applicant during the application process;

(d) provide the location of the CDL skills testing and recordkeeping facilities. The facilities must be located within the state of Montana. The facilities where testing occurs must meet the standards of ARM 23.3.565. The facilities where records are maintained must meet the standards of ARM 23.3.565;

(e) give a statement that, at the time of the agreement, the applicant will:

(i) cooperate with the division at all times, including inspection of facilities, auditing, and testing;

(ii) carry comprehensive commercial general liability insurance with limits of a minimum of $1 million per occurrence for personal injury or property damage;

(iii) carry auto liability insurance if the testing program provides vehicles used in testing. The limits must not be less than $1 million per occurrence for personal injury and property damage;

(iv) post a surety bond of $10,000 to cover the costs associated with re-testing applicants who may have been improperly tested by a third-party CDL skills test examiner, or if skills test results were fraudulently obtained;

(v) comply with federal regulations, Montana state law, the Administrative Rules of Montana, and the division's policy and procedures governing the third-party CDL skills testing program;

(vi) pay the initial and renewal certification fees for a third-party CDL skills testing program and its examiners as outlined in 61-5-118, MCA;

(vii) only allow third-party CDL skills test examiners who have been trained and certified by the division as outlined in ARM 23.3.566;

(viii) comply with all federal and state nondiscrimination statutes, rules, and regulations;

(ix) provide workers' compensation as required under state law for employees covered under the agreement;

(x) implement all necessary administrative, technical, and physical safeguards to prevent unauthorized use or disclosure of personally identifiable information in accordance with all applicable federal and state privacy protection requirements;

(xi) agree to use the CSTIMS to schedule and record CDL skills test results; and

(xii) use approved road test tablets to conduct and record CDL skills tests.

 

History: 61-5-118, MCA; IMP, 61-5-118, MCA; NEW, 2019 MAR p. 176, Eff. 2/9/19.

23.3.563   THIRD-PARTY CDL SKILLS TESTING PROGRAM AGREEMENT AND CERTIFICATION

(1) The division administrator or designee is authorized to enter into an agreement and certify qualifying third-party CDL skills testing programs and to renew third-party CDL skills testing programs.

(2) Upon receipt of an application for certification or renewal, the administrator or designee must review the application for completeness.

(3) If the application is incomplete, the division administrator or designee may either:

(a) contact the applicant to request missing information. The applicant has 20 days to give the requested information or the division administrator or designee must deny the application; or

(b) return the incomplete application to the applicant with a notification to resubmit a completed application.

(4) If the application is complete, the third-party CDL skills testing program may pay the fees as outlined in 61-5-118, MCA, and enter into an agreement with the division.

(5) When all requirements are not met, the division shall deny the application and send a written notification of denial to the applicant by certified mail return receipt requested.

(6) Upon payment of the fees outlined in 61-5-118, MCA, and receipt of a signed agreement between the division and the third-party CDL skills testing program, the division will send a third-party CDL skills testing program certification to the applicant by certified mail return receipt requested.

(7) If an application is denied, the applicant must wait 90 days before submitting a new application.

(8) A certification is effective from the date stated on the letter and is valid for three years or until it is surrendered, decertified, or revoked.

 

History: 61-5-118, MCA; IMP, 61-5-118, MCA; NEW, 2019 MAR p. 176, Eff. 2/9/19.

23.3.564   THIRD-PARTY CDL SKILLS TESTING PROGRAM AGREEMENT

(1) The third-party CDL testing agreement must outline the requirements for the division and the third-party CDL testing program, including the certification requirements of ARM 23.3.565 through 23.3.570.

(2) The third-party CDL testing program agreement must be signed by the division administrator or designee and the third-party CDL skills testing program owner or designee.

 

History: 61-5-118, MCA; IMP, 61-5-118, MCA; NEW, 2019 MAR p. 176, Eff. 2/9/19.

23.3.565   THIRD-PARTY CDL SKILLS TESTING PROGRAM CERTIFICATION

(1) In order for a third-party CDL skills testing and recordkeeping facility to obtain and maintain division-approved certification, the facility must have, at a minimum, the following: 

(a) a testing course approved by the division to conduct the same CDL skills test as conducted by state CDL skills test examiners, including:

(i) an area of sufficient size to conduct the vehicle inspection component of the CDL skills test as outlined in AAMVA's 2005 CDL Examiner's Manual;

(ii) a testing course of sufficient size to conduct the required parts of the basic control skills test component of the CDL skills test as outlined in AAMVA's 2005 CDL Examiner's Manual; and

(iii) a road test route that will meet all the minimum scoring requirements as outlined in AAMVA's 2005 CDL Examiner's Manual.

(b) a location to securely store all required records and documentation. The facility must have controls protecting all testing material, including all AAMVA testing documents, the road test tablets, testing results, forms, and reports. Testers are prohibited from publishing/distributing any materials relating to the CDL testing model to unauthorized persons or from publishing these materials to any public domain (in any format).

(2) The facility must obtain and maintain a road test tablet solution that has been tested and approved by the division. The tablets must interface with CSTIMS which requires the tablet solution to pass structure testing with AAMVA before it can be approved by the division.

(3) The facility must be made available to state and federal personnel for scheduled and unscheduled review during normal business hours.

(4) The facility must provide proof of liability insurance and a surety bond as described in the third-party CDL skills testing program's agreement.

(5) The facility must pay the following non-refundable third-party CDL skills testing program fees to the division:

(a) an initial or new certification fee in the amount outlined in 61-5-118, MCA.

(b) a three-year renewal fee in the amount outlined in 61-5-118, MCA.

(6) Only division-trained and certified CDL skills test examiners are allowed to conduct CDL skills tests.

(7) The facility must maintain a driver qualification file as outlined in 49 CFR 391.51 on all CDL skills test examiners.

(8) The facility must have a signed third-party CDL skills testing agreement with the division.

(9) The division cannot certify a third-party CDL skills testing program until an agreement is signed and the fees outlined in 61-5-118, MCA, are paid to the division.

 

History: 61-5-118, MCA; IMP, 61-5-118, MCA; NEW, 2019 MAR p. 176, Eff. 2/9/19.

23.3.566   CERTIFICATION FOR EACH THIRD-PARTY CDL SKILLS TEST EXAMINER

(1) Third-party CDL skills test examiners must meet the following minimum requirements:

(a) pass a fingerprint-based background check paid for by a third-party CDL testing entity. The results must be kept on file for review by the division or federal representative. The following events are disqualifying factors for a person to be a CDL skills test examiner:

(i) any felony conviction within the last ten years; or

(ii) any conviction involving fraudulent activities.

(b) hold a valid Montana CDL with the class equivalent to, or higher than, the class of vehicle applicants are being tested for.

(c) meet the medical standards outlined in 49 CFR 391.43. A CDL skills test examiner who is unable to fully meet the medical standards under 49 CFR 383.43 may still be certified if they can meet the state medical standards under ARM 23.3.506 and apply for a Montana medical certificate under ARM 23.3.507.

(d) submit a driving record from each state where the examiner has been licensed for the past ten years.

(e) an examiner cannot be certified if any of the following events have occurred:

(i) serious traffic violation as defined in 49 CFR 383.51 within the last three years;

(ii) major offense as defined in 49 CFR 383.51 within the last ten years;

(iii) any disqualifications as defined in 49 CFR 383.51 within the last ten years;

(iv) has ten or more habitual traffic offender points within the last three years; or

(v) a preventable crash involving a fatality or bodily injuries within the last three years.

(f) pay the following non-refundable third-party CDL skills test examiner fees to the division:

(i) initial or new certification fee in the amount outlined in 61-5-118, MCA, which must be paid before the examiner can attend CDL skills test examiner training course conducted by the division; or

(ii) three-year renewal fee in the amount outlined in 61-5-118, MCA, which must be paid before CDL skills test examiner's certificate can be renewed.

(g) obtain and maintain a state CDL skills test examiner's certificate by successfully completing a state-provided CDL skills test examiner training, with required refresher training.

 

History: 61-5-118, MCA; IMP, 61-5-118, MCA; NEW, 2019 MAR p. 176, Eff. 2/9/19.

23.3.567   CONDUCTING THIRD-PARTY CDL SKILLS TESTS

(1) CDL skills tests must comply with the testing standard of 49 CFR 383. The following rules apply to conducting third-party CDL skills tests:

(a) the same CDL skills testing model used by state examiners must be used, including the same instructions and scoring standards.

(b) third-party CDL skills test examiners must be trained and certified by the division.

(c) prior to conducting a CDL skills test, the CDL skills test examiner must ensure that the testing applicant:

(i) has a valid driver's license with an image that matches the applicant; and

(ii) has a valid CLP with the proper class, endorsements, and restrictions for the type of commercial motor vehicle being used for the CDL skills test, with an image that matches the applicant and the applicant's driver's license. The CLP must have been issued at least 14 days before the CDL skills test.

(d) an electronic testing tablet approved by the division and successfully passed structure testing by AAMVA must be used to conduct all CDL skills tests, and at minimum record:

(i) applicant information;

(ii) vehicle data;

(iii) CDL skills test examiner's information;

(iv) approved test forms; and

(v) all scoring items and scoring results.

(e) all primary and alternate backing skills test courses and road test routes must be approved by the division.

(f) any changes to any of the skills test courses or road test routes must be pre-approved by the division before a new course or route can be used.

(g) the CDL skills test examiner cannot be the same person that in any way trained or prepared the applicant to be tested for a commercial driver's license, or tested to upgrade their CDL, add a CDL endorsement, or to remove an air brake restriction.

(h) upon receipt of a fee in the amount outlined in 61-5-118, MCA, the division will accept CDL skills tests from the third-party CDL skills testing program and their examiners in lieu of administering its own CDL skills test for CDL applicants.

History: 61-5-118, MCA; IMP, 61-5-118, MCA; NEW, 2019 MAR p. 176, Eff. 2/9/19.

23.3.568   TEST SCHEDULING, RECORDKEEPING, AND TRANSFERRING CDL SKILLS TEST RESULTS

(1) Third-party CDL skills testing programs and their CDL skills test examiners must comply with the testing standard of 49 CFR Part 384.

(2) The examiner must, in CSTIMS:

(a) schedule each test applicant at least two days prior to conducting the initial CDL skills test and follow up CDL skills tests;

(b) confirm applicant CLP has the proper class and endorsements for the applicable test;

(c) record required information of the applicant and the commercial motor vehicle used for the test on the electronic testing tablet;

(d) electronically transfer CDL skills testing results to the division; and

(e) track pass/fail rates for each component must be recorded for each third-party CDL skills test examiner.

(3) The examiner must conduct the three components of the CDL skills test in proper sequence:

(a) first component--vehicle Inspection;

(b) second component--basic control skills test;

(c) third component--road test.

(4) The examiner must ensure the applicant uses the same commercial motor vehicle for each component of the CDL skills test.

(5) The examiner must ensure the applicant successfully completed the vehicle inspection component before conducting the basic control skills test component.

(6) The examiner must ensure the applicant successfully completed the vehicle inspection component and the basic control skills component before conducting the road test component.

(7) If an applicant does not successfully complete all components of the CDL skills test, the components that were successfully completed can be banked. The applicant does not have to retake successfully completed components unless their current CLP expires. Banked components cannot be carried over to a new or renewed CLP.

(8) If an applicant fails and seeks to retake the vehicle inspection or basic controls skills component of the CDL skills test, the examiner must schedule in CSTIMS the subsequent testing appointment at least two days before the test.

(9) If an applicant fails and seeks to retake the road test, the examiner must schedule in CSTIMS the subsequent testing appointment at least six days before the test.

(10) The third-party CDL skills testing program must keep CDL skills testing examiner records, including:

(a) background test results;

(b) a copy of the Montana CDL;

(c) Montana CDLIS MVR showing proof of a current medical examiner's certificate;

(d) Montana CDL skills test examiner certificate; and

(e) results of all CDL skills tests by component and scoring details.

(11) The third-party CDL skills testing program must maintain all CDL skills tests for a minimum of three years.

 

History: 61-5-118, MCA; IMP, 61-5-118, MCA; NEW, 2019 MAR p. 176, Eff. 2/9/19.

23.3.569   AUDITING AUTHORITY BY STATE OR FMCSA REPRESENTATIVES

(1) Personnel from the division and FMCSA are authorized to conduct scheduled and unscheduled overt and covert audits on third-party CDL skills test programs and CDL skills test examiners as follows:

(a) on-site inspections must be conducted at least twice a year with a focus on irregular test results that allow the division to audit CDL skills tests by any of the following three methods:

(i) covertly take a test using a state employee as a test applicant;

(ii) have a state employee co-score a test to compare test results; or

(iii) retest a sample of drivers.

(b) if an applicant is found not to possess the required skills to operate a commercial motor vehicle, the division may require the applicant to pass a CDL skills test by a state examiner.

(c) review any electronic or hardcopy records relating to certification requirements or CDL skills tests; and

(d) inspect CDL skills testing program's operation, facility, basic control skills test site, and road test routes.

(e) inspect CDL skills testing program's vehicles and equipment.

 

History: 61-5-118, MCA; IMP, 61-5-118, MCA; NEW, 2019 MAR p. 176, Eff. 2/9/19.

23.3.570   THIRD-PARTY CDL SKILLS TESTING PROGRAM AND CDL SKILLS TEST EXAMINER'S DECERTIFICATION AND RE-CERTIFICATION

(1) The division reserves the right to take prompt and appropriate remedial action against a third-party CDL skills testing program or CDL skills test examiner that fails to comply with state or federal standards for the CDL skills testing program, or with any other terms of the third-party agreement.  

(2) The certification of a third-party CDL skills testing program or CDL skills test examiner may be revoked if the examiner:

(a) fails to follow 49 CFR 382, 383, 384, or 391; Title 61, chapter 5, MCA, or ARM 23.3.560 through ARM 23.3.570;

(b) takes fraudulent actions relating to testing activity or recordkeeping;

(c) fails to pay fees;

(d) fails to maintain a bond required by this part;

(e) fails to maintain minimum liability insurance required by this part; or

(f) fails to abide by the third-party CDL skills testing program agreement.

(3) The certificate of a CDL skills test examiner may be revoked if:

(a) the examiner fails to conduct at least ten full skills tests or 30 individual skills test components in a 12-month period beginning on the date the examiner has been certified by the division;

(b) the examiner's Montana CDL has been suspended, revoked, canceled, disqualified, or has expired;

(c) the examiner fails to maintain a valid CDL or fails to remain medically qualified under 49 CFR 393.41; or

(d) the division has become aware either through an audit or investigation that the examiner has failed to properly conduct or record CDL skills tests.

(4) A third-party CDL skills test examiner may voluntarily surrender their certification and stop conducting skills tests. Any initial or renewal fees will not be refunded.

(5) A third-party CDL skills testing program or CDL skills test examiner may appeal the decertification in writing with the division within 30 days from being notified of the decertification.

(6) A third-party CDL skills testing program or CDL skills test examiner may apply for recertification with the division.

 

History: 61-5-118, MCA; IMP, 61-5-118, MCA; NEW, 2019 MAR p. 338, Eff. 2/9/19.

23.3.701   EXPIRATION OF REGISTRATION PERIODS
(1) All registrations for motor vehicles subject to anniversary date registration expire on the last day of the month preceeding the anniversary registration period. A grace period for registration exists between the 1st and 25th days of the month. Motor vehicles must be registered not later than the 25th of the month corresponding to the anniversary registration period. Thereafter, motor vehicles not properly registered are in violation of law and subject to the fines, penalties and sanctions imposed by statute.

(2) A lien for all fees and taxes due upon these motor vehicles attaches as of the first day of the anniversary month and continues until all the fees and taxes are paid.

History: Sec. 61-3-315 MCA; IMP, 61-3-315 and 61-3-503 MCA; NEW, Eff. 9/4/75.

23.3.702   MULTIPLE REGISTRATION
A person who is the owner, or one of the owners, of more than one motor vehicle subject to anniversary date registration may register all those vehicles at one time, regardless of the registration periods of the individual vehicles. Multiple registration shall be implemented as follows:

(1) During any anniversary registration period in which an owner registers any of his motor vehicles subject to anniversary date registration, the owner may register any, or all, of the other motor vehicles owned by him which are subject to anniversary date registration. A person may waive the opportunity for multiple registration in any anniversary registration period without waiving the right to accomplish it in a subsequent anniversary registration period. Any waiver of multiple registration in one year does not waive that right in subsequent years.

(2) A person may not accomplish multiple registration during an anniversary registration period in which one of his vehicles is not required to be registered.

(3) A person may not accomplish multiple registration for a motor vehicle whose anniversary registration period commences in the year following the year in which the multiple registration is sought to be accomplished.

(4) At the time of multiple registration, the person so registering the motor vehicles shall pay all fees and taxes due on all such motor vehicles offered for multiple registration. The fees and taxes due on such motor vehicles shall be computed for a full calendar year of 12 months.

The effect of this requirement is that persons availing themselves of multiple registration shall prepay the fees and taxes applicable to each such vehicle prior to the actual due date of such fees and taxes. Thereafter, fees and taxes on these motor vehicles will not be due again until the expiration of the actual anniversary registration period assigned to the individual motor vehicle in the succeeding year. For example:

(a) Driver "A" owns three motor vehicles. The first vehicle is assigned to the 4th (April) registration period; the second vehicle is assigned to the 6th (June) registration period; the third vehicle is assigned to the 9th (September) registration period. Driver "A" may, between April 1 and April 25, register all such vehicles, or the first vehicle (April) and either the second or third vehicle. In so doing Driver "A" shall pay all of the fees and taxes due on all of the second or third vehicle for the current year. The fees and taxes paid on the first vehicle are good until April 1 of the following year, while the fees and taxes paid on the second or third vehicle are good until June 1 or September 1 of the following year. Driver "All may elect to avail himself of multiple registration in the following year when the process will again be repeated.

(b) Driver "A" owns the same three vehicles as in (a) . Driver "A" chose to register only his first (April) vehicle in the 4th (April) registration period. He now feels that he would like to accomplish multiple registration for the remaining vehicles in May. Driver "A" cannot accomplish multiple registration in May but must wait until the anniversary period when his next motor vehicle is due for regis-tration, which is June. In June, Driver "A" is afforded the opportunity to accomplish registration for both the second (June) and third (September) vehicles in the same manners as shown in (a) . Driver "A" may not accomplish multiple registration for the first (April) vehicle for the following year. The reason for not affording multiple registration into the following year is the inability to determine the appropriate value of the motor vehicle in the following year or the appropriate mill levy to be applied to such vehicle.

(c) Driver "A" owns the same three vehicles as in (a) and registers all of such vehicles in the 4th (April) period as shown in (a) . However, in June, Driver "A" sells the third (September) vehicle. The purchaser of the third vehicle will have the benefit of purchasing a vehicle with taxes prepaid until September 1 of the following year. Driver "A" should take into account the prepayment of taxes in determining the price at which to sell the vehicle.

(5) At the time of multiple registration, individual registration slips must be completed for each motor vehicle registered and each motor vehicle must be issued the appropriate validation decal.

History: Sec. 61-3-315 MCA; IMP, 61-3-315 MCA; NEW, Eff. 9/4/75.

23.3.703   TIME FOR REGISTRATION
(1) Except for purposes of multiple vehicle registration, persons shall register their vehicles only during the anniversary period assigned to their respective motor vehicle. Any late registration of motor vehicles is subject to the fines and penalties provided by law.
History: Sec. 61-3-315 MCA; IMP, 61-3-315 MCA; NEW, Eff. 9/4/75.

23.3.704   DEALER LOT EXEMPTIONS
(1) While under 61-3-501, MCA, property taxes or the fee in lieu of property taxes are prorated for the purchaser of a vehicle that has been sold by a licensed car dealer, all other fees are computed on a yearly basis and are not prorated.
History: Sec. 61-3-315 MCA; IMP, 61-3-315 MCA; NEW, Eff. 9/4/75; AMD, 1980 MAR p. 1707, Eff. 6/27/80.

23.3.705   REGISTRATION SLIPS AND VEHICLE IDENTIFICATION

(1) In addition to the information required by law to be contained on motor vehicle registration slips, the slips for motor vehicles subject to anniversary date registration must show:

(a) the anniversary date registration period assigned to the motor vehicle, and

(b)the date to which fees and taxes on the motor vehicle have been paid.

(2) For purposes of identification, each motor vehicle subject to anniversary date registration must have affixed to the Montana license plates required by law, a decal issued by the registrar of motor vehicles through the county treasurers. The decal must:

(a) be color coded according to the year in which the anniversary registration period shall end; and

(b) identify the month and year through which the motor vehicle is registered.

(3) At the time of registration of each motor vehicle, the county treasurer shall issue the decal to the person registering the motor vehicle and shall instruct the person to affix the decal to the lower right hand corner of both the front and rear Montana license plate issued to the motor vehicle.

(4) If the license plate is transferred from one motor vehicle to another in the manner provided by law, the county treasurer, upon registration of the new vehicle, shall issue to the owner a new decal corresponding to the anniversary registration period assigned to the new motor vehicle. The owner must be instructed to place the new decal over the existing decal on the plates to blank the old decal from view.

History: Sec. 61-3-315 MCA; IMP, 61-3-315 MCA; NEW, Eff. 9/4/75.

23.3.751   GENERAL PROVISIONS

(1) Beginning in 2014, the department will implement an age-based license plate reissuance process. License plate reissuance is required when a set of license plates has been assigned to one or more vehicles for five years or more.

(2) Except as provided in (3), the five-year license plate reissuance process applies to all plates assigned to a vehicle that is subject to annual registration.

(3) The following plates are exempt from the five-year license plate reissuance process:

(a) permanently registered plates issued pursuant to 61-3-562, MCA;

(b) collector's or vintage plates issued pursuant to 61-3-412, MCA; and

(c) plates for registered apportionable motor vehicles as defined in 61-3-712, MCA.

(4) License plates may not be transferred to another motor vehicle if, at the time of transfer, the plates are more than five years old and are subject to reissue.

History: 61-3-315, 61-3-332, MCA; IMP, 61-3-315, 61-3-332, MCA; NEW, 2014 MAR p. 682, Eff. 4/11/14.

23.3.752   SCHEDULE FOR REISSUANCE

(1) Except as provided in (2), license plates issued on or before December 31, 2009, will be reissued in 2014; plates issued in 2010 will be reissued in 2015; plates issued in 2011 will be reissued in 2016; plates issued in 2012 will be reissued in 2017; plates issued in 2013 will be reissued in 2018; and plates issued in 2014 will be reissued in 2019. Plates issued in 2015 or thereafter will be reissued during the registration renewal five years after the initial issuance.

(2) License plates that are not reissued in accordance with (1) must be reissued at the next registration renewal for that vehicle. For example, if a vehicle bearing plates issued on or before December 31, 2009, is renewed in 2014 before reissuance is initiated, those plates must be reissued the next year the vehicle registration is renewed (2015).

History: 61-3-315, 61-3-332, MCA; IMP, 61-3-315, 61-3-332, MCA; NEW, 2014 MAR p. 682, Eff. 4/11/14.

23.3.753   NOTIFICATION AND PROCESS FOR REISSUANCE

(1) When the license plates issued to a vehicle are due for reissuance, the department will send an annual registration renewal notice to the vehicle owner. The notice will include the total fees required for registration renewal, including the plate fee established in 61-3-321(13), MCA.

(2) When a customer renews a vehicle registration online or by mail and pays the required fees, the county treasurer will mail the customer a new registration decal and reissued plates of the same design, including personalized license plates and amateur radio plates.

(a) For purposes of this rule, "same design" means an identical design or the most current version of that plate. For example:

(i) a sponsor plate will be reissued as the same design sponsor plate; if the sponsor has revised the plate's design, then the most current version will be provided; or

(ii) a standard issue plate will be reissued as a plate with the same graphics and year. This means that a vehicle with a 1989 standard issue plate will be reissued a 1989 standard issue plate, and a vehicle with a 2006 standard issue plate will be reissued a 2006 standard issue plate. Standard plate designs and years can be viewed at https://doj.mt.gov/driving/license-plates/.

(b) To select a different license plate design, a vehicle owner must contact the county treasurer's office.

(3) When renewing a vehicle registration in person at the county treasurer's office, the customer may select a different plate design for reissued plates. A customer may retain the license plate number from expiring plates by paying the fee established in 61-3-321(13)(b), MCA. This fee is exclusive of other license plate specific fees and does not apply to retain a personalized license plate or the call sign text on an amateur radio plate.

(4) Regular replacement plate fees will apply to any plate replacement that occurs separately from the mandatory five-year reissuance cycle.

History: 61-3-315, 61-3-332, MCA; IMP, 61-3-315, 61-3-332, MCA; NEW, 2014 MAR p. 682, Eff. 4/11/14.

23.3.801   DEFINITIONS
Unless the context requires otherwise, the following definitions apply to ARM 23.3.802 through 23.3.807:

(1) "Applicant" means a person seeking to title, register or renew registration for a vehicle.

(2) "Bus" means, as provided in 61-1-115 , MCA, "every motor vehicle designed for carrying more than 10 passengers and used for the transportation of persons and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation."

(3) "Dealer" means a new or used car dealer licensed by the department in accordance with Title 61, chapter 3, MCA.

(4) "Declared weight" means the total unladen weight of a bus, heavy truck, truck tractor or trailer plus the weight of the maximum load to be carried on the vehicle as provided by the applicant in an original or prior registration application submitted to the department.

(5) "Department" means the department of justice or its designated agent.

(6) "Heavy truck" means a truck that has a manufacturer's rated capacity of more than 1 ton. The term also includes a van or sport utility vehicle that has a manufacturer's rated capacity of more than 1 ton.

(7) "Light vehicle" means, as provided in 61-1-139 , MCA, "a motor vehicle commonly referred to as an automobile, van, sport utility vehicle, or truck having a manufacturer's rated capacity of 1 ton or less." The term also includes an amphibious vehicle with a manufacturer's rated capacity of 1 ton or less.

(8) "Manufacturer's rated gross combined weight" means, as provided in 61-3-528 , MCA, "the manufacturer's published weight of the allowable load for a truck tractor and trailer combined and includes the weight of the truck tractor and the trailer."

(9) "Manufacturer's rated gross vehicle weight" means, as provided in 61-3-528 , MCA, "the manufacturer's published weight of the allowable load for a truck and includes the weight of the truck."

(10) "Manufacturer's suggested retail price" (or "MRSP") means the price suggested by the manufacturer for each given type, style, or model of light vehicle, inclusive of equipment standard to the vehicle and exclusive of price additions or deductions for optional accessories available from the manufacturers or the price of any special equipment or after-manufacture accessories attached to the vehicle.

(11) "Rated capacity" (or "RC") means the manufacturer's rated gross vehicle weight for a bus or heavy truck or the manufacturer's rated gross combined weight for a truck tractor.

(12) "Truck" means, as provided in 61-3-528 , MCA, "a motor vehicle designed to carry an entire load. The truck may consist of a chassis and body or a chassis-cab and body or it may be of unitized construction so that the body and cab appear to be a single unit."

(13) "Truck tractor" means, as provided in 61-1-108 , MCA, "every 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."

(14) "Sport utility vehicle" means, as provided in 61-1-140 , MCA, "a light vehicle designed to transport 10 or fewer persons that is constructed on a truck chassis or that has special features for occasional off-road use. The term does not include trucks having a manufacturer's rated capacity of 1 ton or more."

History: Sec. 61-3-506, MCA; IMP, 61-3-101, 61-3-503, 61-3-504, 61-3-529, 61-3-530, MCA; NEW, 1997 MAR p. 2292, Eff. 12/16/97.

23.3.802   ASSIGNMENT OF MANUFACTURER'S SUGGESTED RETAIL PRICE
(1) Each light vehicle must be assigned an MSRP as prescribed in the database maintained by the department on the statewide motor vehicle computer system. The assignment must be based on the vehicle identification number, make, model and year. If more than one MSRP may be attributed to a particular vehicle make, model and year, the lowest MSRP will be assigned to that vehicle in the database for purposes of calculating the light vehicle tax.

(2) For those light vehicles for which an MSRP cannot be electronically assigned from the department's database, the department will establish an MSRP, based on one of the following methods, and manually enter it on the system:

(a) the department may refer to nationally recognized vehicle valuation publications to locate the vehicle's MSRP;

(b) the department may derive an MSRP for the vehicle by factoring, as appropriate, from a known MSRP for the same or similar vehicle make and model from a different year of manufacture to the subject year; or

(c) the department may extrapolate an MSRP by using a known or standard "trade-in" value and age for the same or similar vehicle make and model from a prior registration period, as available on the system, and the appropriate age-vehicle type factor from the depreciation schedule, as provided in 61-3-503 , MCA.

(3) A vehicle that has a deemed taxable value of $500.00 as of December 31, 1997, will not be assigned an MSRP, but will retain a depreciated value for taxation purposes of $500.00 for the remainder of its life.

(4) If an MSRP has been manually assigned to a vehicle in accordance with (2) (b) or (c) above, the MSRP is subject to being replaced if, at a later time, the actual MSRP for that vehicle is published or the department adopts a standard MSRP for that vehicle make, model, and year, and the published or standard MSRP is included in the department's database.

History: Sec. 61-3-506, MCA; IMP, 61-3-101, 61-3-503, 61-3-504, MCA; NEW, 1997 MAR p. 2292, Eff. 12/16/97.

23.3.803   VEHICLE YEAR OF MANUFACTURE AND AGE
(1) All vehicles will be assigned a year of manufacture. If the year of manufacture cannot be determined from electronic records maintained on the system by the department or from information provided by the applicant at the time of original registration, the year of manufacture will be determined as follows:

(a) a rebuilt light vehicle, bus, heavy truck or truck tractor will be assigned the manufacture year of the vehicle body;

(b) a custom-built vehicle will be assigned the year stated on the manufacturer's certificate of origin or if the former is not available, the year of original registration;

(c) a glider kit will be assigned the year stated on the manufacturer's certificate of origin;

(d) a replica vehicle will be assigned the year of manufacture of the vehicle being replicated; and

(e) a homemade trailer will be assigned the year in which a vehicle identification number is assigned to the trailer by the department. If the trailer has previously been registered in another jurisdiction which has not designated a year of manufacture, the year of manufacture is deemed to be the year the vehicle was initially registered in the other jurisdiction. If the previous jurisdiction excluded the trailer from registration, the year of manufacture will be assigned based on a statement from the applicant made under penalty of law. No license plates or permits will be issued for a homemade trailer until a year of manufacture has been assigned by the department and the trailer has been inspected.

(2) The age of a vehicle is determined by subtracting the year of manufacture for the vehicle, as determined by the department, from the calendar year for which the tax or fee in lieu of tax is due, subject to the exceptions provided for in 61-3-522 , 61-3-523 , 61-3-527 and 61-3-530 , MCA for certain motor homes, travel trailers, campers, motorcycles, quadricycles or trailers, pole trailers or semi-trailers that have a declared weight of less than 26,000 pounds and that are not subject to proportional registration.

History: Sec. 61-3-506, MCA; IMP, 61-3-101, 61-3-503, 61-3-529, 61-3-530, MCA; NEW, 1997 MAR p. 2292, Eff. 12/16/97.

23.3.804   ASSIGNMENT OF RATED CAPACITY FOR BUSES, HEAVY TRUCKS, TRUCK TRACTORS AND TRAILERS
(1) Each bus, heavy truck or truck tractor must be assigned an RC based on the manufacturer's rated gross vehicle weight for such bus or heavy truck or the manufacturer's rated gross combined weight for such truck tractor as prescribed in the database maintained by the department. The assignment must be based on the vehicle identification number, make, model and year for the bus, heavy truck or truck-tractor. If more than one manufacturer's rated gross vehicle weight or gross combined weight may be attributed to a particular bus, heavy truck or truck-tractor, the lowest RC will be assigned to that vehicle for purposes of inclusion in the database.

(2) For any bus, heavy truck or truck tractor for which a rated capacity cannot be electronically assigned from the department's database, the department shall assign a rated capacity equal to the declared weight of the vehicle as provided by the applicant at the time of original or subsequent registration or as recorded in the vehicle record maintained on the department's motor vehicle computer system.

(3) A trailer will be assigned a rated capacity equal to its declared weight.

(4) If a rated capacity has been assigned to a vehicle in accordance with (2) above, the rated capacity is subject to being replaced if, at a later time, the rated capacity as stated by the manufacturer is published or located or the department adopts a standard rated capacity for that vehicle, and the published or standard rated capacity is included in the department's database.

History: Sec. 61-3-506, MCA; IMP, 61-3-101, 61-3-529, 61-3-530, MCA; NEW, 1997 MAR p. 2292, Eff. 12/16/97.

23.3.805   COMPUTATION OF TAX FOR LIGHT VEHICLES
(1) Each year on the anniversary date of the registration of a light vehicle, the department will calculate the vehicle's depreciated value for taxation using its MSRP and the appropriate factor for vehicle age and type, as provided in 61-3-503 , MCA.

(2) The department will depreciate light vehicles that are more than 16 years of age by multiplying .90 by the vehicle's depreciated value for the preceding registration period, as calculated in accordance with 61-3-503 (2) , MCA, until the vehicle arrives at a depreciated value of $500.00 or less, in which case its depreciated value shall be deemed to be $500.00 thereafter.

History: Sec. 61-3-506, MCA; IMP, 61-3-101, 61-3-503, 61-3-504, MCA; NEW, 1997 MAR p. 2292, Eff. 12/16/97.

23.3.806   PRORATION OF VEHICLE TAXES OR FEES WHILE IN DEALER INVENTORY
(1) A light vehicle, bus, heavy truck, truck tractor or motor home will be considered properly reported as being in a dealer's inventory as of the day and month the county treasurer for the county in which the dealer is licensed signs the certificate for proration of vehicle tax or fee in lieu of tax submitted by the dealer for that vehicle or enters notice of abatement on the department's motor vehicle computer system. The certificate must be submitted in a form prescribed by the department and must pertain to a single vehicle.

(2) An applicant may receive the benefit of an abatement of taxes or fees in lieu of taxes only if the certificate signed by the county treasurer for the county in which the dealer is licensed, is submitted to the county treasurer for the county in which application for title, registration or temporary permit for the subject vehicle is made on or before the date of application, unless the electronic vehicle record maintained by the department contains notice of abatement of taxes or fees in lieu of taxes at the time the application is submitted.

(3) If a dealer fails to properly report a vehicle as being in the dealer's inventory prior to the time an applicant appears in the county treasurer's office to apply for title, registration or receive a temporary permit for that vehicle, the applicant is not entitled to any proration of taxes or fees in lieu of taxes due.

(4) If the certificate for proration is submitted after the application for title, registration or a temporary permit has been submitted by the applicant, retroactive abatement of taxes or fees in lieu of taxes will not be permitted.

(5) For purposes of proration, any portion of a month will be treated as a whole month.

History: Sec. 61-3-506, MCA; IMP, 61-3-101, 61-3-501, 61-3-503, 61-3-504, 61-3-529, MCA; NEW, 1997 MAR p. 2292, Eff. 12/16/97.

23.3.807   GENERAL PROVISIONS
(1) If the statewide motor vehicle computer system is temporarily out-of-service when an applicant comes in to title or register a vehicle, the transaction must be delayed until the computer system is operational.

(2) If taxes or fees in lieu of taxes on a vehicle subject to the provisions of 61-3-504 or 61-3-529 , MCA, have not been paid for the immediate previous year, the back taxes or fees will be computed under these rules, unless the applicant can prove that a different amount is owed based on the applicant's submission of the preceding year's mail renewal card (or like document prepared by the department) with the proper amount stated.

(3) No adjustments, including but not limited to a refund of taxes or fees in lieu of taxes paid in a prior tax year, will be made as a result of an MSRP or RC being replaced by a published or standard MSRP or RC in a subsequent tax year.

History: Sec. 61-3-506, MCA; IMP, 61-3-101, 61-3-501, 61-3-503, 61-3-504, 61-3-529, MCA; NEW, 1997 MAR p. 2292, Eff. 12/16/97.

23.3.901   CERTIFICATION OF PERSONNEL AND INSTALLATIONS

This rule has been transferred.

History: Sec. 61-8-405(6) MCA; IMP, 61-8-405(6) MCA; TRANS, from Dept. of Health & Environmental Sciences; 1978 MAR p. 1622, Eff. 12/15/78; AMD & TRANS, to ARM 23.4.101, Eff. 10/18/85.

23.3.902   DEFINITIONS

This rule has been transferred.

History: Sec. 61-8-405(6) MCA; IMP, 61-8-405(6) MCA; TRANS, from Dept. of Health & Environmental Sciences; 1978 MAR p. 1622, Eff. 12/15/78; AMD & TRANS, to ARM 23.4.102, Eff. 10/18/85.

23.3.903   INSTALLATION CERTIFICATE

This rule has been repealed.

History: 61-8-405(6) MCA; IMP, 61-8-405(6) MCA; TRANS, from Dept. of Health & Environmental Sciences; 1978 MAR p. 1622, Eff. 12/15/78; REP, 1985 MAR p. 1614, Eff. 11/1/85.

23.3.904   OPERATOR SUPERVISOR CERTIFICATE REPEALED

This rule has been repealed.

History: Sec. 61-8-405(6) MCA; IMP, 61-8-405(6) MCA; AMD & TRANS, from Dept. of Health & Environmental Sciences; 1978 MAR p. 1622, Eff. 12/15/78; REP, 1985 MAR p. 1614, Eff. 11/1/85.

23.3.905   OPERATOR'S CERTIFICATE

This rule has been repealed.

History: Sec. 61-8-405(6) MCA; IMP, 61-8-405(6) MCA; TRANS, from Dept. of Health & Environmental Sciences; 1978 MAR p. 1622, Eff. 12/15/78; REP, 1985 MAR p. 1614, Eff. 11/1/85.

23.3.906   EXEMPTION FROM CERTIFICATION REPEALED

This rule has been repealed.

History: Sec. 61-8-405(6) MCA; IMP, 61-8-405(6) MCA; TRANS, from Dept. of Health & Environmental Sciences; 1978 MAR p. 1622, Eff. 12/15/78; REP, 1985 MAR p. 1614, Eff. 11/1/85.

23.3.911   INITIAL CERTIFICATION

This rule has been transferred.

History: Sec. 61-8-405(6) MCA; IMP, 61-8-405(6) MCA; TRANS, from Dept. of Health & Environmental Sciences; 1978 MAR p. 1622, Eff. 12/15/78; AMD & TRANS, to ARM 23.4.103, Eff. 10/18/85.

23.3.912   RENEWAL OF CERTIFICATION

This rule has been transferred.

History: Sec. 61-8-405(6) MCA; IMP, 61-8-405(6) MCA; TRANS, from Dept. of Health & Environmental Sciences; 1978 MAR p. 1622, Eff. 12/15/78; AMD & TRANS, to ARM 23.4.110, Eff. 10/18/85.

23.3.913   CERTIFICATION APPLICATION FORMS

This rule has been transferred.

History: Sec. 61-8-405(6) MCA; IMP, 61-8-405(6) MCA; TRANS, from Dept. of Health & Environmental Sciences; 1978 MAR p. 1622, Eff. 12/15/78; AMD & TRANS, to ARM 23.4.107, Eff. 10/18/85.

23.3.914   SPECIAL CERTIFICATION REPEALED

This rule has been repealed.

History: Sec. 61-8-405(6) MCA; IMP, 61-8-405(6) MCA; TRANS, from Dept. of Health & Environmental Sciences; 1978 MAR p. 1622, Eff. 12/15/78; REP, 1985 MAR p. 1614, Eff. 11/1/85.

23.3.915   REPORT OF CHANGE OR DISCONTINUANCE

This rule has been transferred.

History: Sec. 61-8-405(6) MCA; IMP, 61-8-405(6) MCA; TRANS, from Dept. of Health & Environmental Sciences; 1978 MAR p. 1622, Eff. 12/15/78; AMD & TRANS, to ARM 23.4.111, Eff. 10/18/85.

23.3.916   CERTIFICATE RECORDS

This rule has been transferred.

History: Sec. 61-8-405(6) MCA; IMP, 61-8-405(6) MCA; TRANS, from Dept. of Health & Environmental Sciences; 1978 MAR p. 1622, Eff. 12/15/78; AMD & TRANS, to ARM 23.4.109, Eff. 10/18/85.

23.3.917   ACCESS TO PREMISES FOR INSPECTION

This rule has been transferred.

History: Sec. 61-8-405(6) MCA; IMP, 61-8-405(6) MCA; TRANS, from Dept. of Health & Environmental Sciences; 1978 MAR p. 1622, Eff. 12/15/78; AMD & TRANS, to ARM 23.4.112, Eff. 10/18/85.

23.3.918   TESTS

This rule has been transferred.

History: Sec. 61-8-405(6) MCA; IMP, 61-8-405 MCA; TRANS, from Dept. of Health & Environmental Sciences; 1978 MAR p. 1622, Eff. 12/15/78; AMD & TRANS, to ARM 23.4.108, Eff. 10/18/85.

23.3.919   SURVEYS AND PROFICIENCY TESTS

This rule has been transferred.

History: Sec. 61-8-405(6) MCA; IMP, 61-8-405(6) MCA; TRANS, from Dept. of Health & Environmental Sciences; 1978 MAR p. 1622, Eff. 12/15/78; AMD & TRANS, to ARM 23. 4, 113, Eff. 10/18/85.

23.3.920   SUSPENSION OR REVOCATION

This rule has been transferred.

History: Sec. 61-8-405(6) MCA; IMP, 61-8-405(6) MCA; TRANS, from Dept. of Health & Environmental Sciences; 1978 MAR p. 1622, Eff. 12/15/78; AMD & TRANS, to ARM 23.4.114, Eff. 10/18/85.

23.3.921   TRAINING COURSE APPROVAL

This rule has been transferred.

History: Sec. 61-8-405(6) MCA; IMP, 61-8-405(6) MCA; TRANS, from Dept. of Health & Environmental Sciences; 1978 MAR p. 1622, Eff. 12/15/78; TRANS, to ARM 23.4.115, Eff. 10/18/85.

23.3.922   TRAINING LEVELS

This rule has been transferred.

History: Sec. 61-8-405(6) MCA; IMP, 61-8-405(6) MCA; TRANS, from Dept. of Health & Environmental Sciences; 1978 MAR p. 1622, Eff. 12/15/78; AMD & TRANS, to ARM 23.4.106, Eff. 10/18/85.

23.3.931   BLOOD SAMPLING TRANSFERRED

This rule has been transferred.

History: Sec. 61-8-405(6) MCA; IMP, 61-8-405(6) MCA; AMD & TRANS, from Dept. of Health & Environmental Sciences; 1978 MAR p. 1622, Eff. 12/15/78; AMD & TRANS, to ARM 23.4.131, Eff. 10/18/85.

23.3.932   URINE SAMPLING

This rule has been transferred.

History: Sec. 61-8-405(6) MCA; IMP, 61-8-405(6) MCA; AMD & TRANS, from Dept. of Health & Environmental Sciences; 1978 MAR p. 1622, Eff. 12/15/78; AMD & TRANS, to ARM 23.4.133, Eff. 10/18/85.

23.3.933   BREATH SAMPLING

This rule has been transferred.

History: Sec. 61-8-405(6) MCA; IMP, 61-8-405(6) MCA; AMD & TRANS, from Dept. of Health & Environmental Sciences; 1978 MAR p. 1622, Eff. 12/15/78; AMD & TRANS, to ARM 23.4.133, Eff 10/18/85.

23.3.934   SAMPLING OF OTHER BODILY SUBSTANCES

This rule has been transferred.

History: Sec. 61-8-405(6) MCA; IMP, 61-8-405(6) MCA; TRANS, from Dept. of Health & Environmental Sciences; 1978 MAR p. 1622, Eff. 12/15/78; AMD & TRANS, to ARM 23.4.134, Eff. 10/18/85.

23.3.935   METHODS OF ANALYSIS

This rule has been repealed.

History: Sec. 61-8-405(6) MCA; IMP, 61-8-405(6) MCA; TRANS, from Dept. of Health & Environmental Sciences; 1978 MAR p. 1622, Eff. 12/15/78; REP, 1985 MAR p. 1614, Eff. 11/1/85.

23.3.936   BREATH TESTING INSTRUMENTS

This rule has been transferred.

History: Sec. 61-8-405(6) MCA; IMP, 61-8-405(6) MCA; AMD & TRANS, from Dept. of Health & Environmental sciences; 1978 MAR p. 1622, Eff. 12/15/78; AMD & TRANS, to ARM 23.4.135, Eff. 10/18/85.

23.3.937   EXPRESSION OF RESULTS

This rule has been repealed.

History: Sec. 61-8-405(6) MCA; IMP, 61-8-405(6) MCA; TRANS, from Dept. of Health & Environmental Sciences; 1978 MAR p. 1622, Eff. 12/15/78; REP, 1985 MAR p. 1614, Eff. 11/1/85.

23.3.938   CALIBRATION OR STANDARDIZATION

This rule has been repealed.

History: Sec. 61-8-405(6) MCA; IMP, 61-8-405(6) MCA; AMD & TRANS, from Dept. of Health & Environmental Sciences; 1978 MAR p. 1622, Eff. 12/15/78; REP, 1985 MAR p. 1614, Eff. 11/1/85.

23.3.939   BREATH TEST RECORDS

This rule has been transferred.

History: Sec. 61-8-405(6) MCA; IMP, 61-8-405(6) MCA; AMD & TRANS, from Dept. of Health & Environmental Sciences; 1978 MAR p. 1622, Eff. 12/15/78; AMD & TRANS, to ARM 23.4.116, Eff. 10/18/85.

23.3.940   BLOOD AND URINE TEST RECORDS

This rule has been transferred.

History: Sec. 61-8-405(6) MCA; IMP, 61-8-405(6) MCA; AMD & TRANS, from Dept. of Health & Environmental Sciences; 1978 MAR p. 1622, Eff. 12/15/78; AMD & TRANS, to ARM 23.4.117, Eff. 10/18/85.

23.3.941   REPORTING TEST RESULTS TRANSFERRED

This rule has been transferred.

History: Sec. 61-8-405(6) MCA; IMP, 61-8-405(6) MCA; TRANS, from Dept. of Health & Environmental Sciences; 1978 MAR p. 1622, Eff. 12/15/78; AMD & TRANS, to ARM 23.4.118, Eff. 10/18/85.

23.3.953   DEFINITIONS

The following definitions apply throughout this chapter:

(1) "Certificate holder" means the manufacturer or vendor who the department has issued a certificate authorizing the use of a particular IID, or a manufacturer or vendor to install, service, calibrate, remove, and monitor certified IIDs.

(2) "Circumvention" means the attempted or successful bypass of an ignition interlock device (IID), including but not limited to:

(a) operating a vehicle without a properly functioning IID;

(b) disconnecting any part of the IID including the control head while the vehicle is in operation;

(c) altering the IID;

(d) introducing any breath sample from an air compressor, manual air pump, or other mechanical device to start, attempt to start, or operate a vehicle equipped with an IID;

(e) introducing a breath sample from someone who is not the restricted driver;

(f) introducing any altered, diluted, contaminated, stored, or filtered breath sample;

(g) intentionally disrupting or blocking a digital image identification device;

(h) operating the interlock vehicle after the IID detects excess breath alcohol.

(3) "Manufacturer" means the person, company, or corporation responsible for the design, construction, and/or production of the IID.

(4) "Manufacturer representative" means an individual designated to act on behalf of and/or represent the manufacturer in all matters relating to the IID certification process, compliance, and reporting requirements with the department.

(5) "Service center" means a location where certified IIDs are serviced, installed, and removed.

(6) "Tampering" means any act or attempt to disable or circumvent the operation of an IID.

(7) "Vendor" means a person or entity designated by the manufacturer to conduct business on behalf of the manufacturer.

(8) "Vendor representative" means an individual designated by the vendor as a contact for the department.

(9) "Violation reset" means a driver had a violation requiring an unscheduled service of the IID.

 

History: 61-8-441, MCA; IMP, 61-8-441, MCA; NEW, 2018 MAR p. 589, Eff. 3/17/18.

23.3.954   LOW BREATH VOLUME MEDICAL EXEMPTION

(1) An individual, manufacturer, or vendor may request to lower the minimum breath sample because a restricted driver has diminished lung capacity. 

(2) Diminished capacity may be established through documentation submitted to the department by the appropriate judicial authority or by a medical professional.

(3) It is solely within the department's discretion to issue an exemption.

 

History: 61-8-441, MCA; IMP, 61-8-441, MCA; NEW, 2018 MAR p. 589, Eff. 3/17/18.

23.3.955   IGNITION INTERLOCK DEVICE CERTIFICATION

(1) The Motor Vehicle Division Administrator or designee must issue a certification of an ignition interlock device (IID) before that device is authorized to be installed pursuant to Montana Code Annotated and the Administrative Rules of Montana.

 

History: 61-8-441, MCA; IMP, 61-8-441, MCA; NEW, 2017 MAR p. 896, Eff. 1/1/18.

23.3.957   MANDATORY REQUIREMENTS FOR AN IGNITION INTERLOCK DEVICE

An IID must meet the following requirements before it may be certified:

(1) Comply with all applicable standards set under the Model Specifications of the National Highway Traffic Safety Administration Model Specifications for Breath Alcohol Ignition Interlock Devices 78 FR 26849-26867 (2013), Montana Code Annotated, and ARM Title 23.

(2) Be installed in such a manner that it will not interfere with the normal operation of the vehicle after it has been started.

(3) Work accurately and reliably in an unsupervised environment and under extreme weather conditions.

(4) Require a deep lung breath sample or use an equally accurate measure of blood alcohol concentration equivalence. This requirement is met if the IID allows a minimum of 1200 ml or 1.2 L of breath for an acceptable breath sample.

(5) Resist tampering and show evidence if tampering is attempted.

(6) Be difficult to tamper with or circumvent. This may be shown by:

(a) using special locks, seals, and installation procedures that prevent or record evidence of tampering and/or circumvention attempts;

(b) breath anti-circumvention features such as alternating breath flow, hum tone, breath temperature and any other Motor Vehicle Division-approved anti-circumvention features must be activated during all start up and random breath tests;

(c) changes in software and IID configuration, including anti-circumvention features and the State of Montana configuration profile must only be administered by the manufacturer.

(7) Minimize inconvenience of a sober driver.

(8) Operate reliably over the range of vehicle environments.

(9) The manufacturer must be adequately insured for product liability.

(10) Include a minimum supply of two disposable mouth pieces upon installation, designed to minimize the introduction of saliva into an IID, and an additional mouth piece with every calibration period.

(11) Automatically and completely purge residual alcohol before allowing subsequent tests.

(12) Be designed to permit a restart without testing within two minutes of a stall or when the ignition has been turned off.

(13) Once there is a failed start attempt, require an increasing wait period for subsequent attempts to initially start the vehicle. After a first failed start attempt the wait period is 5 minutes, after a second failed start attempt the wait period is 10 minutes, and for all subsequent failed start attempts within a 2-hour period the wait period is 30 minutes. The device must be capable of notifying the driver of this time period. Acceptable forms of notification are use of an indicator light, audible tone, voice modulation, and/or count down timer.

(14) Require a violation reset when the driver has:

(a) failed an initial start attempt four times within any two-hour period;

(b) circumvented or tampered with the IID;

(c) failed to have the IID serviced within the time period described in this chapter.

(15) If the driver fails to service the vehicle within 10 days of violation reset, the device must be put into lockout mode preventing the vehicle from starting.

(16) Uniquely identify and record each time the vehicle is attempted to be started and/or started, the results of all tests, retests, or failures as either being a malfunction of the device or from the driver not meeting the requirements, how long the vehicle was operated, any indication of bypassing or tampering with the IID, and whether the device entered into a violation reset.

(17) To be certified, an ignition interlock device must be capable of being preset, by only the manufacturer, at any fail level from .02 through .09 g/210L BrAC (plus or minus .005 g/210L BrAC). The actual setting of each ignition interlock device, unless otherwise mandated by the originating court, must be .025 g/210L BrAC. The capability to change this setting must be made secure by the manufacturer.

 

History: 61-8-441, MCA; IMP, 61-8-441, MCA; NEW, 2017 MAR p. 896, Eff. 1/1/18.

23.3.960   APPLICATION FOR CERTIFICATION FOR AN IGNITION INTERLOCK DEVICE

(1) A manufacturer must submit an application to the Motor Vehicle Division requesting a letter of certification for an IID. 

(2) The manufacturer must:

(a) complete the application for certification for an IID;

(b) give the manufacturer name, physical, mailing, and e-mail addresses, and phone number;

(c) give the manufacturer and, if applicable, the manufacturer's representative's name, physical, mailing, and e-mail addresses, and phone number;

(d) give a detailed description of the IID, including the instruction, installation, and troubleshooting manuals;

(e) give written verification that the IID complies with all applicable standards set under the Model Specifications of the National Highway Traffic Safety Administration Model Specifications for Breath Alcohol Ignition Interlock Devices 78 FR 26849-26867 (2013), Montana Code Annotated, and ARM Title 23, including ARM 23.3.957;

(f) give a statement that:

(i) the applicant and their employees will cooperate with the Motor Vehicle Division at all times, including its inspection of the manufacturer or vendor's installation, service, repair, calibration, use, removal, or performance of IID;

(ii) the applicant agrees to give all downloaded IID data, reports, and information related to the IID to the Motor Vehicle Division in an approved electronic format;

(iii) the applicant or their employees agree to give testimony relating to any aspect of the installation, service, repair, calibration, use, removal, or performance of the ignition interlock at no cost on behalf of the State of Montana or any other political subdivision;

(g) give the IID configuration profile;

(h) submit a report from an International Organization For Standardization certified testing laboratory documenting:

(i) the test results of the IID;

(ii) the test results must be dated on or after May 8, 2013;

(iii) the manufacturing date of the IID test samples;

(iv) the serial numbers and firmware and software versions of the devices tested;

(v) all technical specifications describing the accuracy and reliability of the device;

(vi) the test results must verify that the proposed IID meets or exceeds the model specifications of the National Highway Traffic Safety Administration Model Specifications for Breath Alcohol Ignition Interlock Devices 78 FR 26849-26867 (2013) and any additional requirements established by the State of Montana;

(vii) authorizing signatures, and attestation by the corporate officers of the independent laboratory indicating the accuracy of the reported results;

(i) the applicant must bear all costs associated with the laboratory analysis and required reporting;

(j) if specifically requested by the Motor Vehicle Division, give two IIDs for field and laboratory testing;

(k) give the alcohol reference value and type of calibration device used to check the IID.

 

History: 61-8-441, MCA; IMP, 61-8-441, MCA; NEW, 2017 MAR p. 896, Eff. 1/1/18.

23.3.965   MANUFACTURER OR VENDOR CERTIFICATION AND INSPECTION

(1) A manufacturer or vendor must submit an application to the Motor Vehicle Division requesting a letter of manufacturer or vendor certification to repair, install, remove, or service a certified IID.

(2) The manufacturer or vendor must:

(a) complete the Motor Vehicle Division application form;

(b) give the manufacturer or vendor's name, physical, mailing, and e-mail addresses, and phone number;

(c) give the manufacturer's representative's name, physical, mailing, and e-mail addresses, and phone number;

(d) give the vendor's name, physical, mailing, and e-mail addresses, and phone number;

(e) give a written statement from the manufacturer that authorizes the vendor to install the manufacturer's certified IID;

(f) give a certificate of insurance showing that they have adequate liability insurance;

(g) certify that each lease agreement for an IID:

(i) gives a warning that a person who knowingly tampers with, circumvents, or otherwise misuses the IID is subject to criminal prosecution;

(ii) describes all fees a lessee may be charged to install, remove, repair, or service an IID;

(iii) gives lessees a statement of charges clearly specifying warranty details, monthly lease amount, and any other fees charged by the manufacturer or vendor; and

(iv) gives the lessee written notice of any changes in the statement of charges regardless of what person or agency requested the change, prior to the implementation of such changes.

(h) give a certification that the manufacturer or vendor services the entire State of Montana with a service center within 150 miles of any individual who must have an IID installed. If a manufacturer or vendor cannot give a fixed location for the 150-mile requirement, then a detailed statement on how the manufacturer or vendor gives service to all of the State of Montana, including mobile or mail programs. A manufacturer or vendor may request a waiver of this requirement due to hardship;

(i) give a written statement describing the calibration procedures and the interval the restricted driver must submit the IID for calibration and inspection;

(j) attach to the application a list of all service centers, including:

(i) the physical, mailing, and e-mail addresses, and phone numbers of each service center;

(ii) the service center's hours of operation;

(iii) the type of the certified IID serviced;

(iv) the type of calibration device used for the serviced IID;

(v) a copy of IID data reader download procedures; and

(vi) a list of all fees that may be charged to the lessee to install the manufacturer's certified IID.

 

History: 61-8-441, MCA; IMP, 61-8-441, MCA; NEW, 2017 MAR p. 896, Eff. 1/1/18.

23.3.970   MANUFACTURER, VENDOR, AND SERVICE CENTER INSPECTION

(1) A vendor or manufacturer must agree to allow access for Motor Vehicle Division employees or their designee to conduct an inspection of the manufacturer, vendor, or service center at any time during scheduled business hours to ensure compliance.

 

History: 61-8-441, MCA; IMP, 61-8-441, MCA; NEW, 2017 MAR p. 896, Eff. 1/1/18.

23.3.974   MOTOR VEHICLE DIVISION ISSUANCE OR RENEWAL OF CERTIFICATION

(1) The Motor Vehicle Division administrator or designee is authorized to issue an IID, manufacturer, or vendor certification. The Motor Vehicle Division administrator or designee is authorized to renew a manufacturer or vendor certification.

(2) Upon receipt of an application for certification or renewal, the administrator or designee must review the application for completeness.

(a) If the application is incomplete, the administrator or designee with total discretion may either:

(i) contact the applicant to request missing information. The applicant has 20 days to give the requested information or the administrator or designee must deny the application; or

(ii) return to the applicant the incomplete application with notification to resubmit a completed application;

(b) If the application is complete, approve when all requirements are met and issue the IID, manufacturer, or vendor certification. The certification must be sent to the applicant by certified mail return receipt requested;

(c) Deny a completed application when all requirements are not met. If denied, send a written notification of denial to the applicant by certified mail return receipt requested;

(d) The Motor Vehicle Division may deny an application for certification for a manufacturer or vendor if the number of certificate holders exceeds the ability to economically sustain more than a limited number of vendors.

(3) If an application is denied, the applicant must wait ninety days before submitting a new application.

(4) A certification is effective from the date stated on the letter and is valid for three years or until it is surrendered or revoked, except that a manufacturer is not required to renew a certified IID.

(5) The Motor Vehicle Division has absolute discretion to review the certification at any time, including requesting sample devices to conduct IID field and laboratory tests.

 

History: 61-8-441, MCA; IMP, 61-8-441, MCA; NEW, 2017 MAR p. 896, Eff. 1/1/18.

23.3.976   REVOCATION OR SURRENDER OF A CERTIFICATION

(1) The holder of a certification must send immediate notice to the Motor Vehicle Division if it is no longer in business or if it wishes to voluntarily relinquish its certification.

(2) The Motor Vehicle Division administrator or designee must revoke a letter of certification if it receives notice that the holder of a letter of certification is no longer in business or that the holder wishes to voluntarily relinquish its certification.

(3) The administrator or designee may revoke a letter of IID certification for an IID for the holder's violation of any of the laws or regulations related to the installation, servicing, monitoring, removal and calibration of IIDs, including but not limited to additional requirements including Montana statutes or administrative rules.

(4) The administrator or designee must issue a written notice of revocation and send it to the holder of the letter of certification for ignition interlock.

(5) Upon revocation of a letter of IID certification:

(a) the Motor Vehicle Division must notify all vendors that all of the uncertified IIDs must be removed and replaced by a certified IID within sixty-five days of the revocation;

(b) the vendor must notify all affected lessees of the revocation and the requirement the uncertified IID must be removed and replaced with a certified device within the sixty-five days and submit proof to the Motor Vehicle Division;

(c) upon revocation of an IID certification, the manufacturer's IID(s) will be removed from the list of certified IIDs on the Motor Vehicle Division's web site.

(6) Upon revocation of a letter of manufacturer or vendor certification:

(a) the vendor must notify all affected lessees of the revocation and the requirement they must transfer to a certified manufacturer or vendor within the sixty-five days and submit proof to the Motor Vehicle Division;

(b) upon revocation of a certification, the manufacturer's IID(s) will be removed from the list of certified manufacturers or vendors on the Motor Vehicle Division's web site.

 

History: 61-8-441, MCA; IMP, 61-8-441, MCA; NEW, 2017 MAR p. 896, Eff. 1/1/18.

23.3.978   MODIFICATION TO A CERTIFIED IID

(1) A certificate holder must immediately notify the Motor Vehicle Division, in writing, of any material modification to a certified IID. A material modification is any addition or reduction in features, software version changes, configuration profile changes, or alteration in the components and/or the design of the certified IID.

(2) A manufacturer must resubmit evidence of compliance as required by the Administrative Rules of Montana to the Motor Vehicle Division within thirty days of notifying the Motor Vehicle Division of a material modification.

(3) The Motor Vehicle Division will determine if the device must be submitted for recertification.

 

History: 61-8-441, MCA; IMP, 61-8-441, MCA; NEW, 2017 MAR p. 896, Eff. 1/1/18.

23.3.980   CERTIFIED IID INSTALLATION, MAINTENANCE, CALIBRATION, REMOVAL, AND REPORTS

(1) Each restricted driver must:

(a) have a certified IID installed in any vehicle they drive prior to the Motor Vehicle Division issuing them a probationary or restricted driving permit;

(b) submit the vehicle and installed IID for calibration and inspection at intervals not to exceed sixty-five days;

(c) pay all costs associated with the installation and calibration.

(2) At the time of installation, the certificate holder must ensure:

(a) the installer follows the manufacturer's instructions for proper installation and affixes to the IID a label substantially complying with the following notation: "Warning - This IID has been installed under the laws of the State of Montana. Attempts to disconnect, tamper with, or circumvent this IID may subject you to criminal prosecution. For more information, call (insert manufacturer, vendor, or service center's toll free number).";

(b) the restricted driver is thoroughly trained on the proper use and functionality of an IID; and

(c) that a user reference, operation, and problem-solving guide in English or Spanish is provided to the restricted driver when an IID is installed.

(3) At the time of calibration, the service center must:

(a) download data contained in an IID's memory or data logger. The manufacturer or vendor certificate holder must make an electronic copy of the client data and the results of each examination; and

(b) remove from service any IID no longer meeting the certification standards. The serial number of the device must be kept on record for three years. An IID removed from service for no longer meeting the certification standards may be placed back in service only if it is repaired to meet the standards and all repairs are documented. These records must be kept for three years.

(4) At the time of removal, the certificate holder must:

(a) remove the IID at the direction of the referring agencies at the end of the probationary period;

(b) remove the IID if the Motor Vehicle Division notifies the holder that the device is no longer certified. The holder must ensure the immediate replacement with a certified IID;

(c) remove the IID, if the account becomes sixty days past due for nonpayment of fees;

(d) remove the IID, upon written authorization from the Motor Vehicle Division;

(e) return the vehicle in normal operating condition after removal;

(f) notify the referring agency and the Motor Vehicle Division of the removal of the IID within 24 hours of the removal; and

(g) provide any final report requested by the referring agency or the Motor Vehicle Division to the requestor once the IID has been removed from a restricted driver's vehicle(s).

(5) If the restricted driver does not appear for a removal appointment and makes no attempt to appear to remove the IID, the replacement cost of the IID may be added to the lessee's account.

(6) The certificate holder must:

(a) ensure all downloaded data is reviewed;

(b) determine a restricted driver's compliance with the referring agency's requirements;

(c) retain all information obtained as a result of each calibration or inspection. Information must be retained by the manufacturer, vendor, or service center for three years from the date the IID is removed from the vehicle;

(d) not authorize or assist with the disconnection of an IID, or enable the use of any "emergency bypass" mechanism or any other "bypass" procedure that allows a person restricted to use the vehicle equipped with a functioning IID, to start or operate a vehicle without providing all required breath samples. Doing so may subject the person to criminal prosecution and may cause the revocation of a certification; and

(e) report all known IID circumventions or tampering to the Motor Vehicle Division in a Motor Vehicle Division-approved electronic format within ten days of determining that an IID was circumvented or tampered with and if requested, must report to the referring agency in a similar time line.

(7) The certificate holder may permit:

(a) the use of remote codes for vehicle repair by a mechanic other than the restricted driver; and

(b) the use of remote codes to override a vehicle lockout mode to facilitate the servicing of a device.

(8) The manufacturer or vendor must notify the referring agency of any violation resets within ten days of the vehicle being serviced following a violation reset in a format acceptable to the referring agency.

(9) The manufacturer or vendor must notify the referring agency of any device being placed in lockout mode preventing the vehicle from being started within ten days of the vehicle being serviced following a violation reset in a format acceptable to the referring agency.

(10) In addition to any other information required by the Motor Vehicle Division or by a referring agency, all reports to the Motor Vehicle Division and the referring agency must include:

(a) the full name, address, and driver's license number of the restricted driver;

(b) the full name and address of the lessee and registered owner of the vehicle the device is installed in;

(c) the vehicle license registration number of the single vehicle in which the IID was installed;

(d) the unique serial number of the IID; and

(e) the toll free telephone number, and certification number of the manufacturer or vendor who prepared the report for the IID.

(11) Under no circumstances will a manufacturer, service center, or ignition interlock technician knowingly permit a restricted driver to drive a vehicle not equipped with a functioning IID.

(12) The sale or use of any type of remote code allowing a restricted driver to bypass a lockout condition or any user to not provide a breath sample on vehicle start up is prohibited.

(13) Upon request, the manufacturer or vendor must provide additional reports in a format acceptable to and at no cost to the Motor Vehicle Division and the referring agency.

(14) Retention of the record of installation, calibrations, downloads, service and associated invoices must be maintained by the certificate holder for a minimum of three years.

 

History: 61-8-441, MCA; IMP, 61-8-441, MCA; NEW, 2017 MAR p. 896, Eff. 1/1/18.

23.3.984   ADDITIONAL REQUIREMENTS

(1) Notwithstanding other provisions of this chapter, each manufacturer of a certified IID, either on its own or through a vendor approved to do so by the manufacturer must:

(a) guarantee repair or replacement of a defective IID within the state of Montana within a maximum of forty-eight hours of receipt of a complaint or known failure of an IID;

(b) demonstrate to the satisfaction of Motor Vehicle Division, a service delivery plan under which any restricted driver may obtain installation and routine service of that manufacturer's IID within a one hundred fifty-mile radius of his or her place of residence or to request a waiver of this requirement due to hardship;

(c) provide written notification of any changes to a manufacturer's service center network to the Motor Vehicle Division within seven days of such change;

(d) maintain a twenty-four hour, three hundred sixty-five days a year toll-free telephone number for lessees and/or restricted drivers to call if they have problems with a leased IID. Calls must either be answered by an individual who is able to make an initial identification of the problem, or the call must be returned within one hour of the original call. If the problem cannot be immediately resolved, the original call must be forwarded to an ignition interlock technician qualified to service the manufacturer's IIDs within 12 hours of the original call.

(2) The manufacturer or vendor must provide to the Motor Vehicle Division a certificate of insurance on or before the expiration date listed on the current valid certificate of insurance on file with the Motor Vehicle Division that the manufacturer has liability insurance coverage with minimum liability limits of one million dollars per occurrence and three million dollars aggregate.

(3) Liability coverage must include, but not be limited to: Defects in product design, materials, and workmanship during manufacture, calibration, installation, removal, and all completed operations. Such insurance must be provided by a company authorized to offer such coverage in the state, and such company must include the State of Montana as an additional insured, and must agree to notify the Motor Vehicle Division not less than thirty days before the expiration or termination of such coverage. Insurance coverage required in this section must be in addition to, and not considered a replacement for other coverage required by the Administrative Rules of Montana.

 

History: 61-8-441, MCA; IMP, 61-8-441, MCA; NEW, 2017 MAR p. 896, Eff. 1/1/18.

23.3.990   REVIEW OF DENIAL, SUSPENSION, OR REVOCATION OF CERTIFICATION

(1) The administrator or designee may deny, suspend, or revoke a letter of certification for an IID, manufacturer, or vendor certification receiving evidence that any certificate holder has failed to comply or no longer complies with any requirement or provision of law or this chapter. The following process will be used: 

(a) the administrator or designee will give the applicant or certificate holder notice of the action and an opportunity to be heard prior to denial, suspension, or revocation of the letter of certification, except as provided in (2);

(b) upon receiving notice of the action, the applicant or certificate holder may request an administrative hearing to contest the decision. A request for an administrative hearing must:

(i) be made in writing and mailed to the Motor Vehicle Division; and

(ii) be received by the patrol's Motor Vehicle Division within twenty business days after the date of the notice of action.

(2) The administrator or designee may, without prior notification, suspend a letter of certification for a device, service center, or ignition interlock technician if the administrator or designee finds that there is danger to the public health, safety, or welfare that requires immediate action.

(3) Failure to request a hearing or failure to appear at a hearing, a prehearing conference, or any other stage of an adjudicative proceeding may constitute default and result in the entry of a final order.

(4) Administrative proceedings for revocation or other action will be promptly instituted and determined. The administrator or designee must give notice as practicable to the letter of certificate holder.

(5) Unless the administrator or designee finds that immediate revocation is necessary or unless the certificate holder timely requests a hearing as provided under this section, a decision to revoke or suspend will be effective thirty days from the date of the notice of action decision unless the administrator or designee finds that immediate revocation is necessary.

 

History: 61-8-441, MCA; IMP, 61-8-441, MCA; NEW, 2017 MAR p. 896, Eff. 1/1/18.

23.3.991   HEARING AND APPEAL

(1) Hearings under this chapter will be held pursuant to the Montana Administrative Procedure Act.

 

History: 61-8-441, MCA; IMP, 61-8-441, MCA; NEW, 2017 MAR p. 896, Eff. 1/1/18.

23.3.992   IMPOSITION OF ADMINISTRATIVE FEE FOR ALCOHOL OR DRUG TEST REFUSAL

(1) Upon notification of a driver's refusal to submit to one or more alcohol or drug tests, the department shall impose an administrative fee.

(2) The administrative fee for each refusal is in addition to any other fee the department shall impose against a driver.

 

History: 61-8-402, MCA; IMP, 61-8-402, MCA; NEW, 2018 MAR p. 1601, Eff. 8/11/18.

23.3.993   PAYMENT

(1) A driver shall be otherwise eligible and pay the administrative fees owed before the department may reinstate a driver's license or privilege to drive.

 

History: 61-8-402, MCA; IMP, 61-8-402, MCA; NEW, 2018 MAR p. 1601, Eff. 8/11/18.

23.3.994   FEES DEPOSITED IN STATE SPECIAL REVENUE FUND

(1) All funds collected for the administrative fee shall be deposited in the blood-draw search warrant processing account in the state special revenue fund and shall be used to provide forensic analysis of a driver's blood to determine the presence of alcohol or drugs.

(2) Funds in the account created in (1) shall be appropriated by the legislature for the purposes provided in 61-8-402, MCA, and shall be distributed in accordance with the Montana Operations Manual accounting policies.

 

History: 61-8-402, MCA; IMP, 61-8-402, MCA; NEW, 2018 MAR p. 1601, Eff. 8/11/18.

23.3.1001   GENERAL PROVISIONS

(1) There is a state special revenue fund established pursuant to 61-3-415(3), MCA, which shall be known as the Chrome for Kids Wish Fund.

(2) There is a Chrome for Kids Wish Fund Review Committee made up of the administrator of the Motor Vehicle Division, bureau chief of the Driver's Licensing Bureau, and bureau chief of the Records and Driver Control Bureau.

(a) The committee will meet each August to review the amount of funds available for grants in the current fiscal year.

(b) The committee shall notify the public of the amount of grant funds available for that fiscal year by August 30.

(c) Grant applications shall be accepted by the Motor Vehicle Division at any time after the public announcement of funds availability. The deadline for grant submission to the department shall be 60 days after the grant announcement.

(d) The committee will meet within 30 days after the final date of grant submissions to review grant proposals and to award grants for that fiscal year.

(e) Any grant funds awarded must be disbursed and used within two years of the grant award.

History: 61-3-415, MCA; IMP, 61-3-415, MCA; NEW, 2013 MAR p. 1523, Eff. 8/23/13.

23.3.1002   WISH FUND GRANT CRITERIA

(1) Montana-based nonprofit public or private corporations, which have received the IRS 501(c)(3) tax-exempt designation and whose purpose includes assistance to chronically or critically ill Montana children may apply for a Chrome for Kids Wish Fund grant.

(2) Funds must be used to provide a chronically or critically ill Montana child a special wish. No more than 10% of awarded grant funds can be used for program administration by the applicant.

(3) Children's wishes shall be determined by the parents or legal guardians of minor children in consultation with the child and an attending healthcare provider and may be of the following type:

(a) a visit to a special place such as a children's theme park or a city or metropolitan area to experience unique or different food, arts, education, entertainment, and culture;

(b) a trip to participate in or observe a special activity such as a rodeo, baseball game, surfing, or other physical/sports activity;

(c) financial assistance to provide improvement in the quality of life for the critically or chronically ill child as determined by the attending physician and parents/legal guardian; or

(d) a special activity such as a birthday party or celebration of the child's life as determined by parents/legal guardian.

History: 61-3-415, MCA; IMP, 61-3-415, MCA; NEW, 2013 MAR p. 1523, Eff. 8/23/13.

23.3.1003   APPLICATION REQUIREMENTS

(1) Grant applicants must submit the following materials with each grant application:

(a) the legal title of the nonprofit organization and the address of its principal office;

(b) a list of the organization's board members and their occupations;

(c) a copy of the organization's IRS tax-exempt designation;

(d) a name of the proposed grant, the amount of funding requested, the general purpose of the proposed grant, and a specific description of how any awarded grant funds would be used; and

(e) any evidence of public support for the proposed grant.

History: 61-3-415, MCA; IMP, 61-3-415, MCA; NEW, 2013 MAR p. 1523, Eff. 8/23/13.

23.3.1004   GRANT REVIEW AND EVALUATION

(1) Eligibility of the requesting organization will be evaluated to determine whether it meets the criteria established in statute and these rules.

(2) All applications shall be reviewed and evaluated for project type, funding requested, need for the project, and whether the funding will be used and completed within the two-year period.

(3) Successful grant applicants will be required to provide the Motor Vehicle Division with a report, once grant funds are exhausted, that details specifically how the grant funds were used.

History: 61-3-415, MCA; IMP, 61-3-415, MCA; NEW, 2013 MAR p. 1523, Eff. 8/23/13.

23.3.1101   TRAINING FOR ADULT SCHOOL CROSSING GUARDS

(1) An adult school crossing guard may be a school district employee or an adult volunteer member of the community. Training for adult school crossing guards may be provided by the school district or local law enforcement and should include:

(a) safety issues for crossing guards and limitations of children as pedestrians;

(b) review of basic traffic laws, school zone signs, and pavement markings;

(c) methods of identifying traffic gaps and signaling drivers;

(d) street-crossing procedures and ways to impart them to children; and

(e) other information on traffic safety, injury prevention, and personal responsibility that the school district considers important for pedestrian safety and safe crossing operation.

History: 20-1-214, MCA; IMP, 20-1-214, MCA; NEW, 2014 MAR p. 1392, Eff. 6/27/14.

23.3.1102   SAFETY EQUIPMENT FOR ADULT CROSSING GUARDS

(1) Adults performing school crossing supervision shall wear high-visibility, retro reflective Class 2 safety apparel and use a STOP paddle in accordance with the sign manual adopted by the Department of Transportation.

History: 20-1-214, MCA; IMP, 20-1-214, MCA; NEW, 2014 MAR p. 1392, Eff. 6/27/14.

23.3.1103   OPERATING PROCEDURES FOR ADULT CROSSING GUARDS

(1) Adult crossing guards shall not direct traffic or act in a manner similar to that used by a law enforcement officer at the scene of a crash or within an area of high-volume traffic. School crossing guards shall control only pedestrian traffic.

(2) Adult crossing guards shall direct and assist school-age children by identifying and utilizing gaps in traffic to help pedestrians safely cross a street. The school crossing guard shall identify and take advantage of a sufficient gap in the traffic flow. When safe, the school crossing guard shall stand in the roadway with a STOP paddle to alert motorists that pedestrians are in the process of using or waiting to use the crosswalk and that all vehicle traffic must stop and yield to pedestrians.

History: 20-1-214, MCA; IMP, 20-1-214, MCA; NEW, 2014 MAR p. 1392, Eff. 6/27/14.