HOUSE BILL NO. 356

INTRODUCED BY K. GILLAN

A BILL FOR AN ACT ENTITLED: "AN ACT IMPOSING CERTAIN RESTRICTIONS ON FIRST-TIME DRIVERS WHO ARE UNDER THE AGE OF 18 DURING THE FIRST YEAR OF LICENSURE; REQUIRING A FIRST-TIME DRIVER UNDER THE AGE OF 16 TO HOLD AN INSTRUCTION PERMIT OR A TRAFFIC EDUCATION LEARNER'S LICENSE FOR AT LEAST 6 MONTHS BEFORE THE DRIVER MAY OBTAIN A LICENSE; PROVIDING EXCEPTIONS FOR EMPLOYMENT, HARDSHIP, AND THE OPERATION OF MOTOR VEHICLES FOR FARM PURPOSES; 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 at least 15 years of age, has passed a driver's education course approved by the department and the superintendent of public instruction, and has held an instruction permit or a traffic education learner license for at least 6 months; or

(b) the person is at least 13 years of age 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."

NEW SECTION. Section 2. Restrictions on new drivers under 18 years of age -- exceptions. (1) Except as otherwise provided in this section, during the first year of licensure, a person who is under 18 years of age, has not previously been licensed in Montana or in another jurisdiction, and is issued a noncommercial driver's license may not operate a motor vehicle:

(a) between the hours of midnight and 5:30 a.m. unless:

(i) the person is accompanied by a licensed driver who is 21 years of age or older; or

(ii) the person is traveling to or from work and is carrying a certificate of employment as provided in subsection (2); or

(b) with more than two other passengers who are under 18 years of age unless the passengers are members of the driver's immediate family.

(2) The employer of a licensed driver who is subject to the restrictions provided in this section shall issue to the licensee a signed certificate of employment to verify the licensee's employment and working hours that necessitate driving between the hours of midnight and 5:30 a.m.

(3) (a) Subject to the provisions of 61-5-105, the department shall issue to a driver who is under 18 years of age and has not previously been licensed in Montana or another jurisdiction a restricted first-time driver's license that clearly displays the restrictions under which the licensee may operate a motor vehicle during the driver's first year of licensure.

(b) The department may extend beyond 1 year the period of restricted licensure for a first-time driver under 18 years of age if the driver;

(i) provides to the department false information on the licensee's application or commits fraud in making the application;

(ii) violates the restrictions provided in subsection (1); or

(iii) commits any of the acts listed in either 61-5-205 or 61-5-206 that allow the department to suspend a licensee's driving privilege or issue a probationary license.

(4) A driver licensed under 61-5-105 and this section and all passengers in the driver's vehicle shall wear seat belts at all times during the operation of a motor vehicle as required under 61-9-409.

(5) The provisions of this section do not apply to a person who is operating a motor vehicle for the sole purpose of transporting farm products, farm machinery, or farm supplies within 100 miles of the farm headquarters.

(6) The provisions of this section do not apply to a person who receives a restricted license because of individual hardship as provided under 61-5-105(1)(b).

NEW SECTION. Section 3. Codification instruction. [Section 2] is intended to be codified as an integral part of Title 61, chapter 5, part 1, and the provisions of Title 61, chapter 5, part 1, apply to [section 2].

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