SENATE BILL NO. 94
INTRODUCED BY L. NELSON
BY REQUEST OF THE DEPARTMENT OF JUSTICE
AN ACT GENERALLY REVISING THE LAWS GOVERNING THE LICENSING OF NONCOMMERCIAL AND COMMERCIAL DRIVERS; AUTHORIZING THE ISSUANCE OF A MEDICAL ASSESSMENT AND REHABILITATION DRIVING PERMIT; DEFINING "DRIVER REHABILITATION SPECIALIST"; CLARIFYING RESIDENCY REQUIREMENTS FOR LICENSURE AND EXTENDING FROM 90 DAYS TO 120 DAYS THE NONCOMMERCIAL RESIDENCE REQUIREMENT; MAKING INELIGIBLE FOR LICENSURE A PERSON WHO LACKS CERTAIN FUNCTIONAL ABILITIES; REQUIRING A DRIVER'S LICENSE APPLICANT TO DISCLOSE ANY PHYSICAL OR MENTAL CONDITION THAT MAY IMPAIR THE APPLICANT'S DRIVING ABILITIES; REQUIRING DISCLOSURE OF ANY ADAPTIVE EQUIPMENT OR OPERATIONAL RESTRICTIONS THAT ASSIST AN APPLICANT IN SAFELY OPERATING A MOTOR VEHICLE; DEFINING "JURISDICTION"; REQUIRING AN APPLICANT SURRENDERING A VALID LICENSE FROM ANOTHER JURISDICTION OR RENEWING A MONTANA DRIVER'S LICENSE TO SUBMIT TO KNOWLEDGE AND SKILLS TESTS IN CERTAIN SITUATIONS; ALLOWING A PERSON TO RETAIN A LICENSE FROM ANOTHER JURISDICTION FOR IDENTIFICATION PURPOSES; REQUIRING DRIVER'S LICENSES TO CONTAIN A PERSON'S FULL LEGAL NAME; CLARIFYING LAWS GOVERNING LICENSE RENEWAL BY MAIL; REQUIRING THE DEPARTMENT TO ADOPT RULES GOVERNING ISSUANCE OF COMMERCIAL DRIVER'S LICENSES, DRIVER'S LICENSE EXAMINATIONS AND REEXAMINATIONS, THE STANDARDS CONCERNING A DRIVER'S FUNCTIONAL ABILITIES AND SKILLS, VISUAL ACUITY REQUIREMENTS, AND OTHER LICENSING RESTRICTIONS; ALLOWING A PEACE OFFICER TO SEIZE A SUSPENDED LICENSE DURING AN INVESTIGATIVE STOP OR ARREST; REQUIRING A PERSON TO SUBMIT PROOF OF COMPLIANCE WITH 61-6-301 IN CERTAIN INSTANCES; CLARIFYING WHEN A PERSON IS CONSIDERED TO HAVE COMMITTED A SECOND, THIRD, OR SUBSEQUENT OFFENSE OF DRIVING WITH AN ALCOHOL CONCENTRATION OF 0.10 OR MORE; DEFINING "MOVING VIOLATION" FOR PURPOSES OF HABITUAL TRAFFIC OFFENDER PROVISIONS; ALLOWING THE DEPARTMENT OF JUSTICE TO USE CERTIFIED REPRODUCTIONS OF DRIVING RECORDS CONTAINED IN COMPUTER STORAGE DEVICES; AMENDING SECTIONS 61-5-102, 61-5-103, 61-5-105, 61-5-106, 61-5-107, 61-5-108, 61-5-110, 61-5-111, 61-5-112, 61-5-113, 61-5-125, 61-5-207, 61-5-208, 61-6-112, 61-6-122, 61-6-123, 61-6-125, 61-11-203, AND 61-11-204, MCA; REPEALING SECTION 61-6-141, MCA; AND PROVIDING EFFECTIVE DATES AND AN APPLICABILITY DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Definitions. (1) For the purposes of [section 2], "driver rehabilitation specialist" means a person who:
(a) possesses current certification from the association of driver educators for the disabled as a driver rehabilitation specialist; or
(b) (i) provides comprehensive services in the clinical evaluation of the abilities of a person with a disability to safely operate a motor vehicle, utilizing, among other things, wheelchair and seating assessment, vehicle modification prescription, and driver education;
(ii) (A) possesses a bachelor's degree in rehabilitation, education, or health and safety; in physical, occupational, or recreational therapy; or in a related profession; or
(B) has an equivalent of 8 years of experience in driver rehabilitation and education; and
(iii) has at least 1 year of experience in the area of driver evaluation and training for individuals with disabilities.
(2) For the purposes of this chapter, "jurisdiction" means 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.
Section 2. Medical assessment and rehabilitation driving permit. (1) Upon the written request of a licensed physician on a form prescribed by the department, the department may authorize a driver rehabilitation specialist to issue a temporary medical assessment and rehabilitation driving permit to a person who is not licensed to drive or whose license has expired under the provisions of this chapter for the purpose of driver assessment, rehabilitation, and training.
(2) The temporary permit may be issued only to a person who is 16 years of age or older.
(3) The permit is valid for up to 6 weeks, beginning with the date of the first evaluation of the permitholder by the driver rehabilitation specialist. The driver rehabilitation specialist shall sign and date the permit at the time of the first evaluation.
(4) The permit is valid only when the permitholder is operating a motor vehicle under the immediate supervision of the driver rehabilitation specialist during the permitholder's participation in an actual in-vehicle evaluation process.
(5) The department may extend the duration of a medical assessment and rehabilitation permit for an additional 6-week period if the driver rehabilitation specialist or the licensed physician certifies that the permitholder needs additional time to complete the driver assessment, rehabilitation, and training process.
Section 3. Section 61-5-102, MCA, is amended to read:
"61-5-102. Drivers to be licensed. (1) No person, except those expressly exempted under 61-5-104, shall Except as
provided in 61-5-104, a person may not drive any a motor vehicle upon a highway in this state unless such the person has a
valid Montana driver's license. No person shall A person may not receive a Montana driver's license unless and until he the
person surrenders to the department all valid driver's licenses in his possession issued to him by any other jurisdiction. All
surrendered licenses shall be returned by the department to the issuing department together with information that the
licensee is now licensed in this state. No person shall be permitted to A person may not have in the person's possession or
under the person's control more than one valid Montana driver's license at any time.
(2) (a) A license is not valid for the operation of a motorcycle or quadricycle unless the holder of the license has completed the requirements of 61-5-110 and the license has been clearly marked with the words "motorcycle endorsement". A motorcycle endorsement is required for the operation of a quadricycle.
(b) A license is not valid for the operation of a commercial vehicle unless the holder of the license has completed the requirements of 61-5-110 and the license has been clearly marked with the words "commercial driver's license".
(2)(3) Whenever When a city or town requires a licensed driver to obtain a local driving license or permit, such a
license or permit shall may not be issued unless the applicant presents a state driver's license valid under the provisions of
this chapter.
(3)(4) A person operating a bicycle defined in 61-1-123(2) shall have in his must have in the person's possession at all
times when operating the bicycle a valid Montana driver's license."
Section 4. Section 61-5-103, MCA, is amended to read:
"61-5-103. Residency requirement. (1) Any A person who has resided in Montana for more than 90 120 consecutive
days is considered to be a resident for the purpose of being licensed to operate a motor vehicle and must thereafter be
licensed under the laws of Montana before operating a motor vehicle.
(2) A person who operates a commercial motor vehicle in Montana is considered to be a resident of Montana for the
purpose of being licensed to operate a commercial motor vehicle if he the person has resided in Montana for more than 30
consecutive days and must thereafter be licensed under the laws of Montana before operating any commercial motor
vehicle."
Section 5. 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 and has passed a driver's education course approved by the department and the superintendent of public instruction; 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; or
(8) who lacks the functional ability, due to a physical or mental disability or limitation, to safely operate a motor vehicle on the highway."
Section 6. Section 61-5-106, MCA, is amended to read:
"61-5-106. Instruction permits -- traffic education learner licenses and permits -- temporary licenses. (1) The department may issue an instruction permit to a person satisfying the age requirements specified in 61-5-105(1) after the applicant has successfully passed the knowledge test and the vision examination as provided in 61-5-110. An instruction permit entitles the permittee, while in immediate possession of the permit and accompanied by a licensed driver seated beside the permittee, to drive a motor vehicle upon the public highways for a period of 6 months from the date the fees required in 61-5-111 are paid.
(2) The department may issue a traffic education learner license to any person who is at least 14 1/2 years of age and who has successfully completed or is successfully participating in a traffic education course approved by the department and the superintendent of public instruction. A traffic education learner license entitles the licensee to operate a motor vehicle only when accompanied by an approved instructor or licensed parent or guardian and may be restricted to specific times or areas.
(3) (a) An instructor of a traffic education program approved by the department and by the superintendent of public instruction may issue a traffic education permit that is effective for a school year or more restricted period to an applicant who is enrolled in a traffic education program approved by the department and who meets the age requirements specified in 20-7-503.
(b) When in immediate possession of the traffic education permit, the permittee may operate on a designated highway or within a designated area:
(i) a motor vehicle when an approved instructor is seated beside the permittee; or
(ii) a motorcycle or quadricycle when under the immediate and proximate supervision of an approved instructor.
(4) The department may in its discretion issue a temporary driver's permit to an applicant for a driver's license permitting the applicant to operate a motor vehicle while the department is completing its investigation and determination of all facts relative to the applicant's right to receive a driver's license. The temporary driver's permit must be in the permittee's immediate possession while operating a motor vehicle, and it is invalid when the applicant's license has been issued or for good cause has been refused.
(5) The department may in its discretion issue a temporary commercial driver's license to an applicant permitting the applicant to operate a commercial motor vehicle while the department is completing its investigation and determination of all facts relative to the applicant's right to receive a commercial driver's license. The temporary license must be in the applicant's immediate possession while operating a commercial motor vehicle and is invalid when the applicant's license has been issued or for good cause has been refused.
(6) The department may in its discretion issue a temporary medical assessment and rehabilitation driving permit as provided in [section 2]."
Section 7. Section 61-5-107, MCA, is amended to read:
"61-5-107. (Bracketed language terminates on occurrence of contingency or July 1, 1999) Application for license,
instruction permit, or motorcycle endorsement. (1) Each application for an instruction permit, driver's license, or
motorcycle endorsement must be made upon a form furnished by the department. A motorcycle endorsement is required for
the operation of a quadricycle. Each application must be accompanied by the proper fee, and payment of the fee entitles the
applicant to not more than three attempts to pass the examination within a period of 6 months from the date of application.
A voter registration form for mail registration as prescribed by the secretary of state must be attached to each driver's
license application. If the applicant wishes to register to vote, the department shall accept the registration and forward the
form to the election administrator.
(2) Each application must state include the full legal name, date of birth, sex, residence address of the applicant[, and if
the application is for a commercial vehicle operator's driver's license, social security number], must briefly describe include
a brief description of the applicant, and must state whether include a statement that allows the department to determine if:
(a) the applicant has previously been licensed as a driver or commercial vehicle operator, and, if so, when and by what state or country;
(b) any commercial operator driver's license has ever been suspended or revoked; or
(c) an application has ever been refused denied, and, if so, the date of and reason for suspension, revocation, or refusal
denial;
(d) the applicant has a physical or mental disability, limitation, or condition that impairs or may impair the applicant's ability to exercise ordinary and reasonable control in the safe operation of a motor vehicle on the highway; and
(e) the applicant relies upon, or intends to rely upon, any adaptive equipment or operational restrictions to attain the ability to exercise ordinary and reasonable control in the safe operation of a motor vehicle on the highway, including the nature of the equipment or restrictions.
[(3) The department shall keep the applicant's social security number from this source confidential, except that the number may be used for purposes of subtitle VI of Title 49 of the U.S.C. or as otherwise permitted by state law administered by the department and may be provided to the department of public health and human services for use in administering Title IV-D of the Social Security Act.]
(4) When application is received from an applicant previously licensed by another jurisdiction, the department shall request a copy of the applicant's driving record from the previous licensing jurisdiction. The driving record may be transmitted manually or by electronic medium. When received, the driving records become a part of the driver's record in this state with the same force and effect as though entered on the driver's record in this state in the original instance. (Bracketed language terminates on occurrence of contingency or July 1, 1999--sec. 104, Ch. 552, L. 1997.)"
Section 8. Section 61-5-108, MCA, is amended to read:
"61-5-108. Application of minors -- imputed liability. (1) The application of any a person who is under the age of 18
years of age for an instruction permit, or driver's license, or medical assessment and rehabilitation driving permit shall must
be signed and verified before a person authorized to administer oaths or an employee of the department by a parent of the
applicant or, if none is available, by some other responsible adult who is willing to assume the obligation imposed under
this chapter upon a person signing the application of a minor.
(2) Any negligence or willful misconduct of a minor who is under the age of 18 years of age when driving a motor
vehicle upon a highway shall must be imputed to a person who has signed the application of the minor for a an instruction
permit, or driver's license, which person shall be or medical and rehabilitation driving permit. The person who signs the
application is jointly and severally liable with the minor for any damages caused by the negligence or willful misconduct
unless a motor vehicle liability policy, as provided for in chapter 6 of this title, covering the minor is in effect, in which
case there is no imputed liability as described in this section."
Section 9. Section 61-5-110, MCA, is amended to read:
"61-5-110. (Temporary) Examination of applicants -- cooperative driver testing programs. (1) The department
shall examine each applicant for a driver's license or motorcycle endorsement, except as otherwise provided in this section.
The examination must include a test of the applicant's eyesight, a knowledge test examining the applicant's ability to read
and understand highway signs and the applicant's knowledge of the traffic laws of this state, and, except as provided in
61-5-118, a road test or a skills test demonstrating the applicant's ability to exercise ordinary and reasonable control in the
safe operation of a motor vehicle, quadricycle, or motorcycle. The examination for the commercial driver's license may
include additional items. The knowledge test and the road test or the skills test must be waived for an applicant who works
in a farm-related service industry and who otherwise meets the requirements for a seasonal commercial driver's license as
set forth in this title and rules adopted by the department. The knowledge test or road test, or both, may be waived by the
department upon certification of the applicant's successful completion of the test by a certified cooperative driver testing
program, as provided in subsection (2).
(2) The department is authorized to certify as a cooperative driver testing program any state-approved high school traffic education course offered by or in cooperation with a school district that employs an approved instructor who has current endorsement from the superintendent of public instruction as a teacher of traffic education and who agrees to:
(a) administer standardized knowledge and road tests required by the department to students participating in the
district's high school traffic education courses:;
(b) certify the test results to the department; and
(c) comply with regulations of the department and the superintendent of public instruction.
(3) (a) Except as otherwise provided by law, a resident who has a valid driver's license issued by another state
jurisdiction may surrender that license for a Montana license of the same class, type, and endorsement upon payment of the
required fees, and successful completion of a vision examination, and, if requested by the examiner, completion of either
the knowledge test or road test, or both. In addition, a resident surrendering a commercial driver's license issued by another
state jurisdiction shall successfully complete any examination required by federal regulations before being issued a
commercial driver's license by the department.
(b) The department may require an applicant who surrenders a valid driver's license issued by another jurisdiction to submit to a knowledge and skills test if:
(i) the applicant has a physical or mental disability, limitation, or condition that impairs, or may impair, the applicant's ability to exercise ordinary and reasonable control in the safe operation of a motor vehicle on the highway; and
(ii) the surrendered license does not include readily discernible adaptive equipment or operational restrictions appropriate to the applicant's functional abilities; or
(iii) the applicant wants to remove or modify a restriction imposed on the surrendered license.
(c) When a license from another jurisdiction is surrendered, the department shall notify the issuing agency from the other jurisdiction that the applicant has surrendered the license. If the applicant wants to retain the license from another jurisdiction for identification or other nondriving purposes, the department shall place a distinctive mark on the license, indicating that the license may be used for nondriving purposes only, and return the marked license to the applicant. (Terminates September 30, 1999--sec. 12, Ch. 53, L. 1995.)
61-5-110. (Effective October 1, 1999) Examination of applicants -- cooperative driver testing programs. (1) The
department shall examine each applicant for a driver's license or motorcycle endorsement, except as otherwise provided in
this section. The examination must include a test of the applicant's eyesight, a knowledge test examining the applicant's
ability to read and understand highway signs and the applicant's knowledge of the traffic laws of this state, and a road test
or a skills test demonstrating the applicant's ability to exercise ordinary and reasonable control in the safe operation of a
motor vehicle, quadricycle, or motorcycle. The examination for the commercial driver's license may include additional
items. The knowledge test and the road test or the skills test must be waived for an applicant who works in a farm-related
service industry and who otherwise meets the requirements for a seasonal commercial driver's license as set forth in this
title and rules adopted by the department. The knowledge test or road test, or both, may be waived by the department upon
certification of the applicant's successful completion of the test by a certified cooperative driver testing program, as
provided in subsection (2).
(2) The department is authorized to certify as a cooperative driver testing program any state-approved high school traffic education course offered by or in cooperation with a school district that employs an approved instructor who has current endorsement from the superintendent of public instruction as a teacher of traffic education and who agrees to:
(a) administer standardized knowledge and road tests required by the department to students participating in the
district's high school traffic education courses:;
(b) certify the test results to the department; and
(c) comply with regulations of the department and the superintendent of public instruction.
(3) (a) Except as otherwise provided by law, a resident who has a valid driver's license issued by another state
jurisdiction may surrender that license for a Montana license of the same class, type, and endorsement upon payment of the
required fees, and successful completion of a vision examination, and, if requested by the examiner, completion of either
the knowledge test or road test, or both. In addition, a resident surrendering a commercial driver's license issued by another
state jurisdiction shall successfully complete any examination required by federal regulations before being issued a
commercial driver's license by the department.
(b) The department may require an applicant who surrenders a valid driver's license issued by another jurisdiction to submit to a knowledge and skills test if:
(i) the applicant has a physical or mental disability, limitation, or condition that impairs, or may impair, the applicant's ability to exercise ordinary and reasonable control in the safe operation of a motor vehicle on the highway; and
(ii) the surrendered license does not include readily discernible adaptive equipment or operational restrictions appropriate to the applicant's functional abilities; or
(iii) the applicant wants to remove or modify a restriction imposed on the surrendered license.
(c) When a license from another jurisdiction is surrendered, the department shall notify the issuing agency from the other jurisdiction that the applicant has surrendered the license. If the applicant wants to retain the license from another jurisdiction for identification or other nondriving purposes, the department shall place a distinctive mark on the license, indicating that the license may be used for nondriving purposes only, and return the marked license to the applicant."
Section 10. Section 61-5-111, MCA, is amended to read:
"61-5-111. Renewals Contents of a driver's license, renewal, renewal by mail, license expirations, grace period,
and fees for licenses, permits, and endorsements -- notice of expiration. (1) The department may appoint county
treasurers and other qualified officers to act as its agents for the sale of driver's licenses receipts and shall make necessary
rules governing sales. In areas in which the department provides driver licensing services 3 days or more a week, the
department is responsible for sale of receipts and may, in its discretion, appoint an agent to sell receipts.
(2) The department, upon receipt of payment of the fees specified in this section, shall issue a driver's license to each qualifying applicant. The license must contain a full-face photograph of the licensee in the size and form prescribed by the department; a distinguishing number issued to the licensee; the full legal name, date of birth, Montana mailing address, and a brief description of the licensee; and either the licensee's customary signature or a digital reproduction of the licensee's customary signature. A license is not valid until it is signed by the licensee.
(2) (a)(3) (a) When a person applies for renewal of a driver's license, the department shall test the applicant's eyesight.
and, in the department's discretion, may have The department may also require the applicant complete a road test
demonstrating the applicant's ability to operate and to exercise ordinary and reasonable care in the operation of a motor
vehicle to submit to a knowledge and skills test if:
(i) the renewal applicant has a physical or mental disability, limitation, or condition that impairs, or may impair, the applicant's ability to exercise ordinary and reasonable control in the safe operation of a motor vehicle on the highway; and
(ii) the expired or expiring license does not include adaptive equipment or operational restrictions appropriate to the applicant's functional abilities; or
(iii) the applicant wants to remove or modify the restrictions stated on the expired or expiring license.
(b) In the case of a commercial driver's license, the department may also require that the applicant successfully complete a written examination as required by federal regulations.
(c) A person is considered to have applied for renewal of a Montana driver's license if the application is made within 6 months before or 3 months after the expiration of the person's license. Except as provided in subsection (3)(d), a person seeking to renew a driver's license shall appear in person at a Montana driver's examination station.
(d) (i) A person may renew a driver's license by mail if the person certifies that the person is temporarily out of state and will not be returning to the state prior to the expiration of the license.
(ii) An applicant who renews a driver's license by mail shall submit to the department an approved vision examination and a medical evaluation from a licensed physician in addition to the fees required for renewal.
(iii) If the department does not have a digitized photograph or signature record of the renewal applicant from the expiring license, then the department may require the renewal applicant to submit a personal photograph and signature that meets the requirements prescribed by the department.
(iv) The term of a license renewed by mail is 4 years, and a person may not renew by mail for consecutive license terms.
(d)(e) The department shall mail a driver's license renewal notice no earlier than 60 days and no later than 30 days prior
to the expiration date of a commercial driver's license if the licensee has previously submitted a written request for the
notice, either at the time of initial application or of renewal of the license.
(3) (a) (4) (a) Except as provided in subsections (3)(b) (4)(b) and (3)(c) (4)(c), a license expires on the anniversary of
the licensee's birthday 8 years or less after the date of issue or on the licensee's 75th birthday, whichever occurs first. The
department may adopt rules to stagger the implementation of the conversion to an 8-year license cycle over a 4-year period.
(b) A license issued to a person who is 75 years of age or older expires on the anniversary of the licensee's birthday 4 years or less after the date of issue.
(c) A license issued to a person who is under 21 years of age expires on the licensee's 21st birthday.
(4)(5) Whenever the department issues an original license to a person under the age of 18 years, the license must be
designated and clearly marked as a "provisional license". Any license designated and marked as provisional may be
suspended by the department for a period of not more than 12 months when its records disclose that the licensee,
subsequent to the issuance of the license, has been guilty of careless or negligent driving.
(5) It is unlawful for any person to have in the person's possession or under the person's control more than one valid
Montana driver's license at any one time. A license is not valid for the operation of a motorcycle or quadricycle unless the
holder of the license has completed the requirements of 61-5-110 and the license has been clearly marked with the words
"motorcycle endorsement". A license is not valid for the operation of a commercial vehicle unless the holder of the license
has completed the requirements of 61-5-110 and the license has been clearly marked with the words "commercial driver's
license".
(6) Fees for driver's licenses are:
(a) driver's license, except a commercial driver's license -- $4 per a year or fraction of a year;
(b) motorcycle endorsement -- 50 cents per a year or fraction of a year;
(c) commercial driver's license:
(i) interstate -- $5 per a year or fraction of a year;
(ii) intrastate -- $3.50 per a year or fraction of a year.
(7) The holder of a valid chauffeur's license may convert or renew the chauffeur's license to a commercial driver's
license by paying the appropriate fee and complying with the requirements established by the department.
(7) Upon receipt of notice from another jurisdiction that a person licensed under this chapter has surrendered a Montana driver's license to that jurisdiction, the department shall change the license status on the person's official driver record to "inactive". If the person returns to Montana prior to the expiration of the previously surrendered license, the department may reactivate the license for the remainder of the license term."
Section 11. Section 61-5-112, MCA, is amended to read:
"61-5-112. Classification of Types and classes of commercial driver's license licenses -- classification --
rulemaking. The department upon issuing a commercial driver's license shall indicate on the license the class of license
issued and shall appropriately examine each applicant according to the class applied for and may impose rules for
classification, examination, and use shall adopt rules that it considers necessary for the safety and welfare of the traveling
public governing the classification of commercial driver's licenses and related endorsements and the examination of
commercial driver's license applicants and renewal applicants. The rules must:
(1) subject to the exceptions provided in this section, comport with the requirements of 49 CFR, part 383, and the medical qualifications of 49 CFR, part 391;
(2) allow for the issuance of a type 2 (intrastate only) commercial driver's license in accordance with medical qualification and visual acuity standards prescribed by the department;
(3) allow for the issuance of a type 2 commercial driver's license to a person who is 18 years of age or older or an operationally restricted type 2 commercial driver's license to a person who is 16 years of age or older;
(4) allow for issuance of a seasonal commercial driver's license based on standards established by the department for the waiver of the knowledge and skills test for a qualified person employed in farm-related service industries who has a good driving record and sufficient prior driving experience;
(5) prescribe the operational and seasonal restrictions for a seasonal commercial driver's license; and
(6) prescribe the requirements for the medical statement that must be submitted in order for a person to be qualified for a type 2 commercial driver's license."
Section 12. Section 61-5-113, MCA, is amended to read:
"61-5-113. Restricted licenses. (1) The department upon issuing a driver's license shall have authority whenever good
cause appears to impose restrictions suitable to the licensee's driving ability with respect to the type of or special
mechanical control devices required on a motor vehicle which the licensee may operate or such other restrictions applicable
to the licensee as the department may determine to be appropriate to assure the safe operation of a motor vehicle by the
licensee If, upon an applicant's completion of the vision, knowledge, and skills tests required under 61-5-110, 61-5-111,
and 61-5-207, the department determines that an applicant's ability to exercise ordinary and reasonable control in the safe
operation of a motor vehicle on the highway depends on the use of adaptive equipment or operational restrictions, then the
department shall include the appropriate restrictions on a license issued to the applicant. Once imposed, the restrictions may
not be removed unless the department determines that the adaptive equipment or operational restrictions are no longer
essential to the licensee's ability to exercise ordinary and reasonable control in the safe operation of a motor vehicle on the
highway.
(2) The department may either issue a special restricted license or may set forth such include the restrictions upon on
the usual license form.
(3) The department may upon receiving satisfactory evidence of any a violation of the restrictions of such a license or
endorsement suspend or revoke the same but the license. The licensee shall be is entitled to a hearing as upon suspension or
revocation under this chapter.
(4) It is a misdemeanor for any a person to operate a motor vehicle in any a manner in violation of the restrictions
imposed in a restricted license issued to him."
Section 13. Section 61-5-125, MCA, is amended to read:
"61-5-125. Authority of department -- rulemaking authority. (1) The department shall administer and enforce the
provisions of this chapter and may adopt rules to implement this chapter.
(2) The department shall adopt rules setting standards to govern driver's license examinations and reexaminations. The rules:
(a) must specifically address the functional abilities and skills required for a person to exercise ordinary and reasonable control in the safe operation of a motor vehicle on a highway;
(b) must include minimum uncorrected or corrected visual acuity requirements for both unrestricted and restricted licensure and may include minimum field of vision and depth perception requirements and hearing requirements for unrestricted and restricted licensure;
(c) may direct the design of one or more types of skills tests to assess an applicant's or licensee's ability to exercise ordinary and reasonable control in the safe operation of a motor vehicle on the highway. A skills test may consist of:
(i) a comprehensive assessment of a person's functional abilities by means of an actual demonstration of the applicant's ability to exercise ordinary and reasonable control in the safe operation of a motor vehicle; or
(ii) a more limited assessment of a person's functional abilities, conducted at the discretion of the department, as related to a specific physical or mental condition or conditions or a request for reexamination;
(d) must include operational restrictions based upon the visual acuity of an applicant or licensee;
(e) may take into consideration any nationally recognized standards or recommended practices for assessment of a person's ability to exercise ordinary and reasonable control in the safe operation of a motor vehicle on the highway;
(f) must include appropriate licensing criteria relating to the use of adaptive equipment or operational limits that can be readily discerned by law enforcement or a licensing agency in another jurisdiction;
(g) may be derived from medical guidelines and information compiled by driver licensing medical advisory or review boards from other jurisdictions, as well as information received from advocacy groups for persons with disabilities and senior citizens; and
(h) except as provided in 61-5-105, may not use a person's age or physical or mental disability, limitation, or condition as a justification for denial of a license.
(3) The department may adopt additional rules governing:
(a) acceptable methods of proof of identification that must be supplied by a person upon application for or renewal of a driver's license;
(b) issuance of a hardship license to an underage applicant;
(c) the cancellation of a driver's license upon receipt of an insufficient funds check in payment of license fees;
(d) circumstances under which the department may issue a probationary license to a person whose license has been suspended or revoked or a person whose license is subject to a discretionary suspension or revocation;
(e) restrictions to be imposed upon a probationary license;
(f) renewal of a driver's license by a person in the military assigned to active duty who had a valid Montana driver's license at the time of entering active duty; and
(g) issuance of a duplicate driver's license."
Section 14. Section 61-5-207, MCA, is amended to read:
"61-5-207. Reexamination or investigation medical evaluation -- when required. The (1) If the department, having
good cause to believe that a licensed driver is incompetent or otherwise not qualified to be licensed, may, based on
information received, investigate the licensee's record, physical or mental condition, or need for a license or, receives
reliable evidence that a licensed driver lacks the ability to exercise ordinary and reasonable control in the safe operation of a
motor vehicle on the highway, the department may, upon written notice of at least 5 days to the licensee, require the
licensee to submit to an examination obtain a medical evaluation from a licensed physician or submit to one or more tests
customarily conducted by the department for licensure under 61-5-110.
(2) Upon the review of a medical evaluation, the conclusion of the investigation or examination testing, or both, the
department shall take action as may be appropriate considering the facts reported or discovered and may suspend or revoke
the driver's license of the person or permit the person to retain the license or may issue a license subject to restrictions as
permitted under 61-5-113 may:
(a) impose restrictions on the license, as provided in 61-5-113, that are appropriate to the licensee's acknowledged or demonstrated functional abilities;
(b) suspend the license indefinitely based upon a licensee's inability to exercise ordinary and reasonable control in the safe operation of a motor vehicle on the highway; or
(c) take no action modifying the license or placing restrictions on the licensee.
(3) The age of a licensee, by itself, does not constitute evidence of a condition requiring a reexamination or a medical evaluation by a licensed physician.
(4) A suspension under this section continues in effect until evidence satisfactory to the department establishes that the licensee has regained the ability to exercise ordinary and reasonable control in the safe operation of a motor vehicle on a highway.
(5) Refusal or neglect of the licensee to obtain a medical evaluation from a licensed physician or submit to the
investigation or examination testing as required by the department is grounds for suspension or revocation of the person's
license."
Section 15. Section 61-5-208, MCA, is amended to read:
"61-5-208. Period of suspension or revocation. (1) The department may not suspend or revoke a driver's license or privilege to drive a motor vehicle on the public highways for a period of more than 1 year, except as otherwise permitted by law.
(2) (a) A person whose license or privilege to drive a motor vehicle on the public highways has been suspended or
revoked may not have the license, endorsement, or privilege renewed or restored unless the revocation was for a cause
which that has been removed. After the expiration of the period of the revocation or suspension, the person may make
application for a new license or endorsement as provided by law, but the department may not issue a new license or
endorsement unless and until it is satisfied, after investigation of the driving ability of the person and upon a showing by its
records or other sufficient evidence, that the person is eligible to be licensed to drive in Montana.
(b) When any a person is convicted or forfeits bail or collateral not vacated for the offense of operating or being in
actual physical control of a motor vehicle while under the influence of alcohol or any drug or a combination of alcohol or
drugs or for the offense of operation of a motor vehicle by a person with alcohol concentration of 0.10 or more, the
department shall, upon receiving a report of conviction or forfeiture of bail or collateral not vacated, suspend the driver's
license or driving privilege of the person for a period of 6 months. Upon receiving a report of a conviction or forfeiture of
bail or collateral for a second, third, or subsequent offense within 5 years of the first offense, the department shall revoke
the license or driving privilege of the person for a period of 1 year, except that if the 1-year period passes and the person
has not completed an alcohol information course, treatment, or both, as ordered by the sentencing court, the license
revocation remains in effect until the course, treatment, or both are completed.
(c) For the purposes of subsection (2)(b), a person is considered to have committed a second, third, or subsequent offense if fewer than 5 years have passed between the date of an offense that resulted in a prior conviction and the date of the offense that resulted in the most recent conviction.
(3) (a) If a person pays the reinstatement fee required in 61-2-107 and provides the department proof of compliance with any ignition interlock restriction imposed under 61-8-442, the department shall stay the license suspension or revocation of a person who has been convicted of a violation of 61-8-401 or 61-8-406 and return the person's driver's license. The stay must remain in effect until the period of suspension or revocation has expired and any required alcohol information course, treatment, or both, have been completed.
(b) If the department receives notice from a court, peace officer, or ignition interlock vendor that the person has violated the ignition interlock restriction by, including but not limited to, operating a motor vehicle not equipped with the device, tampering with the device, or removing the device before the period of restriction has expired, the department shall lift the stay and reinstate the license suspension or revocation for the remainder of the time period. The department may not issue a probationary driver's license to a person whose license suspension or revocation has been reinstated due to violation of an ignition interlock restriction.
(4) The period for all revocations made mandatory by 61-5-205 is 1 year except as provided in subsection (2).
(5) The period of revocation for any person convicted of any offense which makes mandatory the revocation of the driver's license commences from date of conviction or forfeiture of bail.
(6) If a person is convicted of a violation of 61-8-401 or 61-8-406 while operating a commercial motor vehicle, the department shall suspend the person's driver's license as provided in 61-8-811 and subsection (2) of this section."
Section 16. Section 61-6-112, MCA, is amended to read:
"61-6-112. Surrender of license. Any A person whose license shall have has been suspended as herein provided, or
whose policy of insurance or bond, when required under this part, shall have has been canceled or terminated, or who shall
neglect neglects to furnish other proof upon request of the department shall immediately return his the person's license to
the department. If any person shall fail a licensee fails to return to the department the license as provided herein, the
department shall forthwith direct any required by this section, then a peace officer or highway patrol officer to secure
possession thereof may seize the license during an investigative stop or arrest and to return the same license to the
department."
Section 17. Section 61-6-122, MCA, is amended to read:
"61-6-122. Suspension for nonpayment of judgments -- exceptions. (1) The department, upon the receipt of a
certified copy of a judgment, shall forthwith suspend the license and any nonresident's operating privilege of any person
against whom such a judgment was rendered, except as hereinafter otherwise provided in this section and in 61-6-125.
(2) If the judgment creditor consents in writing, in such a form as that the department may prescribe prescribes, that the
judgment debtor be allowed a license or a nonresident's operating privilege, the same may be allowed by the department
may, in its discretion, allow the debtor a license or nonresident's operating privilege for 6 months from the date of such
consent. and thereafter The debtor's license or nonresident's operating privilege continues until such the judgment creditor's
consent is revoked in writing notwithstanding default in the payment of such the judgment, or of any installments thereof
prescribed in 61-6-125, provided the judgment debtor furnishes proof of financial responsibility compliance with
61-6-301."
Section 18. Section 61-6-123, MCA, is amended to read:
"61-6-123. Suspension to continue until judgments paid and proof given -- maximum period of suspension. Such
A license and or nonresident's operating privilege shall remain so remains suspended and shall may not be renewed, nor
shall any such may a license be thereafter issued in the name of such person a judgement debtor, including any such person
a judgment debtor not previously licensed, unless and until every such each judgment is stayed, satisfied in full, or satisfied
to the extent hereinafter provided in this part, and until the person gives proof of financial responsibility compliance with
61-6-301 subject to the exemptions stated provided in 61-6-122 and 61-6-125 or 6 years have passed from date judgment
was first entered as provided in 25-9-301 and the person has complied with 61-6-301 and 61-6-302."
Section 19. Section 61-6-125, MCA, is amended to read:
"61-6-125. Installment payment of judgments -- default. (1) A judgment debtor upon due notice to the judgment
creditor may apply to the court in which such the judgment was rendered for the privilege of paying such the judgment in
installments. and the The court, in its discretion and without prejudice to any other legal remedies which that the judgment
creditor may have, may so order payment in installments and fix the amounts and times of payment of the installments the
payments.
(2) The department shall may not suspend a license or a nonresident's operating privilege and shall restore any license
or nonresident's operating privilege suspended following nonpayment of a judgment, when the judgment debtor gives proof
of financial responsibility compliance with 61-6-301 and obtains such an order permitting the payment of such the
judgment in installments, and while the payment of any said installment is not in default.
(3) In the event If the judgment debtor fails to pay any installment as specified by such a court order, then upon notice
of such default, the department shall, upon notice of the default, forthwith suspend the license or nonresident's operating
privilege of the judgment debtor until such the judgment is satisfied, as provided in this part."
Section 20. Section 61-11-203, MCA, is amended to read:
"61-11-203. Definitions. As used in this part, the following definitions apply:
(1) "Conviction" means a finding of guilt by duly constituted judicial authority, a plea of guilty, or a forfeiture of bail, bond, or other security deposited to secure appearance by a person charged with having committed any offense relating to the use or operation of a motor vehicle which is prohibited by law, ordinance, or administrative order.
(2) "Habitual traffic offender" means any person who within a 3-year period accumulates 30 or more conviction points according to the schedule specified in this subsection:
(a) deliberate homicide resulting from the operation of a motor vehicle, 15 points;
(b) mitigated deliberate homicide, negligent homicide resulting from operation of a motor vehicle, or negligent vehicular assault, 12 points;
(c) any offense punishable as a felony under the motor vehicle laws of Montana or any felony in the commission of which a motor vehicle is used, 12 points;
(d) driving while under the influence of intoxicating liquor or narcotics or drugs of any kind or operation of a motor vehicle by a person with alcohol concentration of 0.10 or more, 10 points;
(e) operating a motor vehicle while the license to do so has been suspended or revoked, 6 points;
(f) failure of the driver of a motor vehicle involved in an accident resulting in death or injury to any person to stop at the scene of the accident and give the required information and assistance, as defined in 61-7-105, 8 points;
(g) willful failure of the driver involved in an accident resulting in property damage of $250 to stop at the scene of the accident and give the required information or failure to otherwise report an accident in violation of the law, 4 points;
(h) reckless driving, 5 points;
(i) illegal drag racing or engaging in a speed contest in violation of the law, 5 points;
(j) any of the mandatory motor vehicle liability protection offenses under 61-6-301 and 61-6-302, 5 points;
(k) operating a motor vehicle without a license to do so, 2 points (this subsection (k) does not apply to operating a motor vehicle within a period of 180 days from the date the license expired);
(l) speeding, 3 points;
(m) all other moving violations, 2 points.
(3) There may not be multiple application of cumulative points when two or more charges are filed involving a single occurrence. If there are two or more convictions involving a single occurrence, only the number of points for the specific conviction carrying the highest points is chargeable against that defendant.
(4) "License" means any type of license or permit to operate a motor vehicle.
(5) "Moving violation" means a violation of a traffic regulation of this state or another jurisdiction by a person while operating a motor vehicle or in actual physical control of a motor vehicle upon a highway, as the term is defined in 61-1-201.
(6) A traffic regulation includes any provision governing motor vehicle operation, equipment, safety, size, weight, and load restrictions or driver licensing. A traffic regulation does not include provisions governing vehicle registration or local parking."
Section 21. Section 61-11-204, MCA, is amended to read:
"61-11-204. Department's duties. (1) If the records maintained by the department show that a person's driving record brings the person within the definition of a habitual traffic offender, the department shall:
(a) declare the person a habitual traffic offender;
(b) revoke the person's driver's license or driving privileges as provided in 61-11-211; and
(c) notify the person in writing of the declaration and revocation.
(2) The notice must be sent by first-class mail to the most current address on record with the department. The notice
must include a certified copy reproduction of the person's driving record and copies of all relevant abstracts of convictions
and bond forfeitures as contained in the computer storage device used by the department for recordkeeping. The notice
must inform the person of the right under 61-11-210 to appeal the declaration and revocation. Service of the notice is
complete upon mailing."
Section 22. Repealer. Section 61-6-141, MCA, is repealed.
Section 23. Codification instruction. [Sections 1 and 2] are intended to be codified as an integral part of Title 61, chapter 5, and the provisions of Title 61, chapter 5, apply to [sections 1 and 2].
Section 24. Effective dates. (1) [Sections 11 and 13] are effective on passage and approval.
(2) [Sections 1 through 10, 12, and 14 through 22] are effective October 1, 1999.
Section 25. Applicability. [This act] applies to license applications, renewals, and reexaminations submitted after September 30, 1999.
- END -
Latest Version of SB 94 (SB0094.ENR)
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