HOUSE BILL NO. 323

INTRODUCED BY M. BRAINARD

A BILL FOR AN ACT ENTITLED: "AN ACT ALLOWING A 15 YEAR OLD WHO SCORES 90 PERCENT OR BETTER ON THE DRIVER'S LICENSE KNOWLEDGE TEST TO BE ISSUED A MONTANA DRIVER'S LICENSE; AND AMENDING SECTION 61-5-105, MCA."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 61-5-105, MCA, is amended to read:

"61-5-105. Who may not be licensed. The department may not issue a license under this chapter to a person:

(1) who is under 16 years of age unless:

(a) the person is 15 years of age and has either passed a driver's education course approved by the department and the superintendent of public instruction or scored 90% or better on the knowledge test required under 61-5-110; or

(b) the person is 13 years of age or older and, because of individual hardship, to be determined by the department, needs a restricted license;

(2) whose license or driving privilege is currently suspended or revoked in this or any state;

(3) who is addicted to the use of alcohol or narcotic drugs;

(4) who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who, at the time of application, has not been restored to competency by the methods provided by law;

(5) who is required by this chapter to take an examination;

(6) who has not deposited proof of financial responsibility when required under the provisions of chapter 6 of this title; or

(7) who has any condition characterized by lapse of consciousness or control, either temporary or prolonged, that is or may become chronic. However, the department may in its discretion issue a license to an otherwise qualified person suffering from a condition if the afflicted person's attending physician attests in writing that the person's condition has stabilized and would not be likely to interfere with that person's ability to operate a motor vehicle safely and, if a commercial driver's license is involved, the person is physically qualified to operate a commercial motor vehicle under applicable state or federal regulations."

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