AN ACT RELATING TO OFF-HIGHWAY VEHICLE USE; ALLOWING OFF-HIGHWAY VEHICLES TO USE CERTAIN FOREST DEVELOPMENT ROADS; EXEMPTING CERTAIN YOUNG DRIVERS FROM LICENSING REQUIREMENTS FOR USE OF OFF-HIGHWAY VEHICLES ON CERTAIN FOREST DEVELOPMENT ROADS; AND AMENDING SECTIONS 23-2-821 AND 61-5-104, MCA.

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

Section 1. Section 23-2-821, MCA, is amended to read:

"23-2-821. Off-highway crossings of public roads -- use of certain forest development roads. (1) Except as provided in subsection (2), an off-highway vehicle may make a direct crossing of a public road when the crossing is necessary to get to another authorized area of operation. The crossing must be made at an angle of approximately 90 degrees to the direction of traffic at a place where no obstruction prevents a quick and safe crossing. The off-highway vehicle must make a complete stop before entering upon any part of the traffic way, and the operator shall yield the right-of-way to all oncoming traffic.

(2) An off-highway vehicle may not be operated on or across a highway that is part of the federal-aid interstate system.

(3) An off-highway vehicle may be operated on or across a forest development road in this state, as defined in 61-8-110, if the road has been designated and approved for off-highway vehicle use by the United States forest service."

Section 2. Section 61-5-104, MCA, is amended to read:

"61-5-104. Exemptions. (1) The following persons are exempt from licensure under this chapter:

(a) a person who is a member of the armed forces of the United States while operating a motor vehicle owned by or leased to the United States government and being operated on official business;

(b) a person who is a member of the armed forces of the United States on active duty in Montana who holds a valid license issued by another state and the spouse of the person who holds a valid license issued by another state and who is not employed in Montana, except as a member of the armed forces. If a spouse of a member of the armed forces becomes gainfully employed in Montana, the spouse must be licensed, as required by 61-5-102, within 90 days of becoming employed.

(c) a person on active duty in the armed forces of the United States and in immediate possession of a valid license issued to that person in a foreign country by the armed forces of the United States, for a period of 45 days from the date of the person's return to the United States;

(d) a person who temporarily drives, operates, or moves a road machine, farm tractor, or implement of husbandry for use in intrastate commerce on a highway;

(e) a person who is a locomotive engineer, assistant engineer, conductor, brakeman, railroad utility person, or other member of the crew of a railroad locomotive or train being operated upon rails, including operation on a railroad crossing a public street, road, or highway. A person employed as described in this subsection is not required to display a driver's license to a law enforcement officer in connection with the operation of a railroad locomotive or train within Montana.

(f) a person who temporarily drives, operates, or moves an off-highway vehicle, as defined in 23-2-801, on a forest development road in this state, as defined in 61-8-110, that has been designated and approved for off-highway vehicle use by the United States forest service if the person:

(i) is under 16 years of age but at least 12 years of age; and

(ii) at the time of driving, operating, or moving the off-highway vehicle, has in the person's possession a certificate showing the successful completion of an off-highway vehicle safety education course approved by the department of fish, wildlife, and parks and is in the physical presence of a person who possesses a license issued under this chapter.

(2) A nonresident who is at least 15 years of age and who is in immediate possession of a valid operator's license issued to the nonresident by the nonresident's home state or country may operate a motor vehicle, except a commercial motor vehicle, in this state.

(3) A nonresident not otherwise exempt from the licensing requirements of 49 CFR, part 383, and in immediate possession of a valid commercial driver's license issued to the nonresident by the nonresident's home state or country may operate a commercial motor vehicle in this state.

(4) A nonresident who is at least 18 years of age, whose home state or country does not require the licensing of operators, may operate a motor vehicle as an operator only, for a period of not more than 90 days in any calendar year, if the motor vehicle is registered in the home state or country of the nonresident.

(5) A driver's license issued under this chapter to a person who enters the United States armed forces, if valid and in effect at the time that the person enters the service, continues in effect so long as the service continues, unless the license is suspended, revoked, or canceled for a cause as provided by law, and for up to 30 days following the date on which the licensee is honorably separated from the service. During the 30-day period, the license is valid only when the license and the licensee's discharge, separation, leave, or furlough papers are in the licensee's immediate possession."

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I hereby certify that the within bill,

HB 0467, originated in the House.

Chief Clerk of the House

Speaker of the House

Signed this	day

of	, .

President of the Senate

Signed this	day

of	, .

HOUSE BILL NO. 467

INTRODUCED BY C. HIBBARD, D. SHEA, A. BISHOP, V. COCCHIARELLA, B. CRIPPEN, R. DALE, B. DEPRATU, A. ELLIS, K. GALVIN-HALCRO, L. GRINDE, L. GROSFIELD, T. HAGENER, M. HANSON, J. HARP, D. HARRINGTON, T. KEATING, R. LENHART, M. LINDEEN, J. MANGAN, J. MERCER, A. MOHL, R. PECK, J. QUILICI, B. REHBEIN, S. ROSE, G. ROUSH, C. SQUIRES, C. SWYSGOOD, B. TASH, J. TESTER, J. WELLS, J. WITT, B. STORY

AN ACT RELATING TO OFF-HIGHWAY VEHICLE USE; ALLOWING OFF-HIGHWAY VEHICLES TO USE CERTAIN FOREST DEVELOPMENT ROADS; EXEMPTING CERTAIN YOUNG DRIVERS FROM LICENSING REQUIREMENTS FOR USE OF OFF-HIGHWAY VEHICLES ON CERTAIN FOREST DEVELOPMENT ROADS; AND AMENDING SECTIONS 23-2-821 AND 61-5-104, MCA.