Senate Bill No. 85

Introduced By jergeson

By Request of the Department of Justice



A Bill for an Act entitled: "An Act generally revising the laws pertaining to motor vehicle equipment; revising the definitions DEFINITION of "authorized emergency vehicle" and "quadricycle"; defining "public safety worker" for purposes of traffic control at an incident; requiring equipment to be maintained in proper working order; prohibiting certain types of lighting on motor vehicles; specifying requirements for headlamps, taillamps, and other lighting devices; revising visibility distance requirements for vehicle lighting ON CERTAIN VEHICLES; revising requirements for projecting loads; clarifying the definitions of "spot lamps", "fog lamps", and "auxiliary lamps"; revising requirements for braking systems; revising performance standards for braking systems; clarifying use of lighting on emergency vehicles; authorizing peace officers to impound vehicles with sounding alarms; requiring safety gear for an operator of a vehicle with no windshield; prohibiting use of worn tires on motor vehicles; revising requirements for seatbelts; revising certain requirements for logging trucks; requiring tow trucks to provide rear lights for towed vehicles during all hours of the day; providing penalties for a motorcycle operator who carries a child who is not wearing a helmet; revising the laws pertaining to child safety restraint systems; increasing penalties for certain violations THE PENALTY FOR FAILING TO HAVE A REQUIRED CHILD SAFETY RESTRAINT IN A VEHICLE; prohibiting the movement of improperly secured loads; requiring bumpers on certain motor vehicles; eliminating the use of alternate road-lighting equipment; ELIMINATING DEPARTMENT SPECIFICATIONS FOR SEATBELTS; DEFINING "STREET ROD" AND EXEMPTING STREET RODS FROM CERTAIN EQUIPMENT RESTRICTIONS; amending sections 61-1-119, 61-1-133, 61-8-105, 61-9-101, 61-9-105, 61-9-109, 61-9-201, 61-9-203, 61-9-204, 61-9-206, 61-9-207, 61-9-208, 61-9-209, 61-9-213, 61-9-215, 61-9-216, 61-9-217, 61-9-218, 61-9-220, 61-9-221, 61-9-226, 61-9-227, 61-9-304, 61-9-305, 61-9-308, 61-9-309, 61-9-310, 61-9-311, 61-9-312, 61-9-401, 61-9-402, 61-9-404, 61-9-405, 61-9-406, 61-9-407, 61-9-408, 61-9-409, 61-9-414, 61-9-415, 61-9-416, 61-9-417, 61-9-419, 61-9-420, 61-9-423, 61-9-511, 61-9-512, 61-9-515, 61-9-517, and 61-9-518 61-9-516, MCA; and repealing section SECTIONS 61-9-224 AND 61-9-410, MCA."



Be it enacted by the Legislature of the State of Montana:



Section 1.  Section 61-1-119, MCA, is amended to read:

"61-1-119.   Authorized emergency vehicles. (1) "Authorized emergency vehicles" means vehicles of the fire department, fire patrol, and such other ambulances and emergency vehicles as that are designated or authorized by the department.

(2) A privately owned motor vehicle is not considered an authorized emergency vehicle for purposes of this title."



Section 1.  Section 61-1-133, MCA, is amended to read:

"61-1-133.   Quadricycle. (1) "Quadricycle" means a four-wheeled motor vehicle, designed for on-road or off-road use, having a seat or saddle upon which the operator sits and a motor of less than 300 cubic centimeters capable of producing not more than 35 50 horsepower.

(2) The term does not include golf carts."



Section 2.  Section 61-8-105, MCA, is amended to read:

"61-8-105.   Obedience to police peace officers, and highway patrol officers, and public safety workers. No A person shall may not willfully fail or refuse to comply with any a lawful order or direction of any police a peace officer, or highway patrol officer, or public safety worker pertaining to the use of the highways by traffic. For purposes of this section, "public safety worker" means a person who is authorized to provide assistance at the scene of an incident that requires traffic control and who is either a member of a paid or volunteer fire department, an emergency medical service provider, a member of a search and rescue team, or a civilian accident investigator appointed by a law enforcement agency."



SECTION 3.  SECTION 61-9-101, MCA, IS AMENDED TO READ:

"61-9-101.   Application -- exceptions. (1) The provisions of this chapter relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except where a different place is specifically referred to in a given section.

(2)  The operation of motor vehicles directly across the public roads and highways of this state, especially as required in the transportation of natural resource products, including agricultural products and livestock, shall may not be considered to be the operation of such the vehicles on the public roads and highways of this state, provided that such. The crossings are must be adequately marked with such warning signs or devices and are subject to relating to stopping before entry, and to restoration of any damage, as may reasonably be prescribed by the state or local agency in control of safety of operation of the public highway involved.

(3) If a provision of this chapter conflicts with federal laws or regulations governing motor vehicle equipment standards, the applicable federal law or regulation supersedes."



Section 4.  Section 61-9-105, MCA, is amended to read:

"61-9-105.   Obedience to police peace officers, and highway patrol officers, and public safety workers. No A person shall may not willfully fail or refuse to comply with any a lawful order or direction of any police a peace officer, or highway patrol officer, or public safety worker pertaining to the use of the highways by traffic. For purposes of this section, "public safety worker" means a person who is authorized to provide assistance at the scene of an incident that requires traffic control and who is either a member of a paid or volunteer fire department, an emergency medical service provider, a member of a search and rescue team, or a civilian accident investigator appointed by a law enforcement agency."



Section 5.  Section 61-9-109, MCA, is amended to read:

"61-9-109.   Driving vehicle in unsafe condition prohibited -- applicability of chapter. (1) It is a misdemeanor for any a person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any a highway any a vehicle or combination of vehicles which that:

(a) is in such unsafe condition as to endanger any a person, or which does not contain those parts or;

(b) is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this chapter; or

(c) which is equipped in any a manner in violation of this chapter., or for any

(2) It is a misdemeanor for a person to do any perform an act forbidden or fail to perform any an act required under this chapter.

(2)  Nothing contained in this chapter shall be construed to prohibit the (3) The use of additional parts and accessories on any a vehicle not inconsistent with the provisions of this chapter is not prohibited.

(3)(4)  The provisions of this chapter with respect to equipment on vehicles shall do not apply to implements of husbandry, road machinery, road rollers, or farm tractors except as herein made applicable in this chapter.

(5) All lamps and equipment required by this chapter must be maintained in proper working order and adjustment at all times."



Section 6.  Section 61-9-201, MCA, is amended to read:

"61-9-201.   When lighted lamps are required. Every A vehicle upon a highway within this state at any time from one-half hour after sunset to one-half hour before sunrise and at any other time when due to insufficient light or unfavorable atmospheric conditions persons and vehicles on the highway are not clearly discernible at a distance of 500 1,000 feet ahead shall must display lighted lamps and illuminating devices as hereinafter respectively required in this part for different classes of vehicles, subject to exceptions with respect to parked vehicles."



Section 6.  Section 61-9-203, MCA, is amended to read:

"61-9-203.   Headlamps on motor vehicles. (1) Every A motor vehicle other than a motorcycle, quadricycle, or motor-driven cycle shall must be equipped with at least two headlamps, with at least one on each side of the front of the motor vehicle, which headlamps shall that comply with the requirements and limitations set forth in this chapter.

(2)  Every A motorcycle, quadricycle, and or motor-driven cycle shall must be equipped with at least one and not more than two headlamps which shall that comply with the requirements and limitations of this chapter. If a motorcycle is registered under 61-3-411 as a collector's item, it need not be equipped with headlamps,; but however, if it is not so equipped with headlamps, it may not be operated upon a highway or street from one-half hour after sunset to one-half hour before sunrise or if persons and vehicles are not clearly discernible at a distance of 500 1,000 500 feet. A motorcycle may be equipped with a means of modulating the high beam of its headlamps between high and low beam at a rate of 200 to 280 flashes a minute; however, an operator may not modulate the headlamps at that rate during periods when headlamps are required to be lighted by 61-9-201.

(3)  Every A headlamp upon every a motor vehicle, including every a motorcycle, quadricycle, and motor-driven cycle, shall must be located at a height, measured from the center of the headlamp, of not more than 54 inches or less than 24 22 inches, to be measured as set forth provided in 61-9-202(2).

(4) When headlamps are required to be lighted by 61-9-201, a person may not operate a motor vehicle on a highway with headlamps that are composed of, covered by, or treated with a tinted or colored material, substance, system, or component THAT OBSCURES THE HEADLAMPS OR DIMINISHES THE DISTANCE OF VISIBILITY REQUIRED BY THIS SECTION.

(5) This section does not prohibit the operation or sale of a motor vehicle the headlamps of which are composed of, covered by, or treated with a tinted or colored material, substance, system, or component with which the vehicle was sold when new or could have been equipped for sale when new as standard or optional equipment from the vehicle manufacturer in compliance with federal statute or regulation governing the sale at the time of manufacture."



Section 7.  Section 61-9-204, MCA, is amended to read:

"61-9-204.   Taillamps. (1) Every A motor vehicle, trailer, semitrailer, and pole trailer and any other vehicle which that is being drawn at the end of a train combination of vehicles shall must be equipped with at least one properly functioning taillamp mounted on the rear, which that, when lighted as hereinbefore required, shall emit emits a red light plainly visible from a distance of 500 feet to the rear, provided except that in the case of a train combination of vehicles, only the taillamp on the rearmost vehicle need actually be seen from the distance specified. Further, every such above-mentioned vehicle The vehicles mentioned in this subsection, other than a motorcycle, quadricycle, motor-driven cycle, quadricycle, or truck tractor, registered in this state and manufactured or assembled after January 1, 1956, shall must be equipped with at least two properly functioning taillamps mounted on the rear that, which when lighted as herein required, shall comply with the provisions of this section emit a red light plainly visible from a distance of 1,000 feet to the rear of the vehicle.

(2)  Every A taillamp upon every a vehicle shall must be located at a height of not more than 72 inches or less than 15 inches.

(3)  Either a taillamp or a separate lamp shall be so constructed and placed as to must illuminate with a white light the rear registration plate and render it clearly legible from a distance of 50 feet to the rear. Any A taillamp or taillamps, together with any a separate lamp for illuminating the rear registration plate, shall be so wired as to must be lighted whenever the headlamps or auxiliary driving lamps are lighted.

(4)  Taillamps are not required on a motorcycle that is registered under 61-3-411 as a collector's item, but such the motorcycle may not be operated on a highway or street from one-half hour after sunset to one-half hour before sunrise or when persons and vehicles are not clearly discernible at a distance of 500 feet unless it is equipped with the required taillamps.

(5) A person may not operate a motor vehicle on a highway with taillamps that are covered by a lens or a plastic cover and that are not the original vehicle manufacturer's equipment or with a tinted or colored material, substance, system, or component placed on or in front of rear lamps, taillamps, license plate lamps, or rear lamp combinations THAT OBSCURES THE TAILLAMPS OR DIMINISHES THE DISTANCE OF VISIBILITY REQUIRED BY THIS SECTION.

(6) THIS SECTION DOES NOT PROHIBIT A VEHICLE MANUFACTURED PRIOR TO 1960 FROM BEING EQUIPPED WITH A TAILLAMP THAT INCLUDES WITHIN THE RED COVER A CENTER LENS THAT IS BLUE IN COLOR."



Section 8.  Section 61-9-206, MCA, is amended to read:

"61-9-206.   Stop lamps -- when required. From and after January 1, 1956, it shall be unlawful for any (1) A person to may not sell any a new motor vehicle, including any motorcycle, quadricycle, or motor-driven cycle, in this state or for any person to drive such a vehicle on the highways unless it is equipped with at least one two properly functioning stop lamp lamps meeting the requirements of 61-9-218. A vehicle manufactured before January 1, 1956, and all motorcycles, quadricycles, and motor-driven cycles must be equipped with at least one properly functioning stop lamp.

(2) The stop lamp or lamps on the rear of a vehicle must display a red light that is actuated upon application of the service (foot) brake and, in a vehicle manufactured or assembled on or after January 1, 1964, must be visible from a distance of not less than 300 feet to the rear in normal sunlight. In a vehicle manufactured or assembled before January 1, 1964, the stop lamp or lamps must be visible from a distance of not less than 100 feet. The stop lamp may be incorporated with one or more other rear lamps.

(3) A stop lamp may not project a glaring light."



Section 9.  Section 61-9-207, MCA, is amended to read:

"61-9-207.   Application of succeeding sections. Those sections of this chapter which follow immediately, including 61-9-208 through 61-9-211 and 61-9-213 relating to clearance and marker lamps, reflectors, and stoplights shall Sections 61-9-208 through 61-9-229 apply as stated in said those sections to vehicles of the type therein enumerated in those sections, namely passenger buses, trucks, truck tractors, and certain trailers, semitrailers, and pole trailers, respectively, when operated upon any a highway. Said The vehicles shall must be equipped as required and all lamp equipment required shall must be lighted at all times mentioned in 61-9-201 except that clearance and side marker lamps need not be lighted on any said a vehicle when operated within any a municipality where when there is sufficient light to render clearly discernible persons and vehicles on the highway at a distance of 500 1,000 feet."



Section 10.  Section 61-9-208, MCA, is amended to read:

"61-9-208.   Additional equipment required on certain vehicles. In addition to other equipment required in this chapter, the following vehicles shall must be equipped as herein stated in this section under the conditions stated in 61-9-207:

(1)  On every a bus or truck, whatever its size, there shall must be on the rear, two reflectors, one at each side, and one stoplight.

(2)  On every a bus or truck 80 inches or more in overall width, in addition to the requirements in subsection (1):

(a)  on the front, two clearance lamps, one at each side;

(b)  on the rear, two clearance lamps, one at each side;

(c)  on each side, two side marker lamps, one at or near the front and one at or near the rear;

(d)  on each side, two reflectors, one at or near the front and one at or near the rear.

(3)  On every a truck tractor:

(a),  on the front, two clearance lamps, one at each side;

(b)  on the rear, one stoplight.

(4)  On every a trailer or semitrailer having a gross vehicle weight or rating in excess of 3,000 pounds:

(a)  on the front, two clearance lamps, one at each side;

(b)  on each side, two side marker lamps, one at or near the front and one at or near the rear;

(c)  on each side, two reflectors, one at or near the front and one at or near the rear;

(d)  on the rear, two clearance lamps, one at each side, also two reflectors, one at each side, and one stoplight.

(5)  On every a pole trailer in excess of 3,000 pounds gross vehicle weight or rating:

(a)  on each side, one side marker lamp and one clearance lamp which that may be in combination, to show to the front, side, and rear; and

(b)  on the rear of the pole trailer or load, two reflectors, one at each side.

(6)  On every a trailer, semitrailer, or pole trailer weighing having a gross vehicle weight or rating of WEIGHING 3,000 pounds gross or less:

(a)  on the front, a steel safety chain or cable which shall that must be securely fastened to the towing unit with the minimum diameter of any portion of such the chains or cables being one-fourth of an inch. A safety chain or cable may not be connected to the ball but must be connected to the hitch or other frame member of the towing vehicle to prevent the drawbar from dropping to the ground if the ball, socket, or coupler fails;

(b)  on the rear, two reflectors and two stoplights, one on each side. If any trailer or semitrailer is so loaded or is of such dimensions as to obscure the stoplight on the towing vehicle, then such vehicle shall also be equipped with one stoplight."



Section 11.  Section 61-9-209, MCA, is amended to read:

"61-9-209.   Color of clearance lamps, side marker lamps, reflectors, and backup lamps. (1) Front clearance lamps and those marker lamps and reflectors mounted on the front or on the side near the front of a vehicle shall must display or reflect an amber color.

(2)  Rear clearance lamps and those marker lamps and reflectors mounted on the rear or on the sides near the rear of a vehicle shall must display or reflect a red color.

(3)  All lighting devices, and reflectors, and stoplights mounted on the rear of any a vehicle shall must display or reflect a red color, except:

(a) the stoplight or other signal device devices, as defined in 61-9-218, which may be red, amber, or yellow, and except that;

(b) the light illuminating the license plate shall that must be a white incandescent lamp; and

(c) the light emitted by a backup lamp may that must be white, amber, or red."



Section 12.  Section 61-9-213, MCA, is amended to read:

"61-9-213.   Lamp or flag on projecting load. (1) Whenever the load upon any a vehicle extends to the rear 4 feet or more beyond the bed or body rear of such the vehicle, there shall the following lamps and reflectors must be displayed at the extreme rear end of the load, at the times specified in 61-9-201,:

(a) a red light or lantern lamp plainly visible from a distance of at least 500 feet to the sides and 1,000 feet to the rear and located to indicate maximum overhang; and

(b) a red reflector visible at night at all distances from 100 feet to 600 feet to the rear when directly in front of lawful lower beams of headlamps.

(2) The red light or lantern lights and reflectors required under this section shall must be in addition to the red light lights required upon every a vehicle. At any other time there shall must be displayed at the extreme rear end of such the load a red flag or cloth not less than 12 inches square, marking the extremities of the load, at each point where a lamp or reflector would otherwise be required by this section and so hung that the entire area is visible to the driver of a vehicle approaching from the rear."



Section 13.  Section 61-9-215, MCA, is amended to read:

"61-9-215.   Lamps on farm tractors, farm equipment, and implements of husbandry. (1) Every A farm tractor and every a self-propelled farm equipment unit or implement of husbandry not equipped with an electric lighting system shall must at all times mentioned in 61-9-201 be equipped with at least one lamp displaying a white light visible from a distance of not less than 500 feet to the front of such the vehicle, and shall also be equipped with at least one lamp displaying a red light visible from a distance of not less than 500 feet to the rear of such the vehicle, and two red reflectors visible from a distance of 100 to 600 feet to the rear when illuminated by the upper beams of headlamps. The lights required herein shall in this section must be positioned so that one lamp showing to the front and one lamp or reflector showing to the rear will indicate indicates the furthest farthest projection of said the tractor, unit, or implement on the side of the road used in passing such the vehicle.

(2)  Every A combination of farm tractor and towed unit of farm equipment or implement of husbandry not equipped with an electric lighting system shall or an implement of husbandry being towed by a motor vehicle must at all times mentioned in 61-9-201 be equipped with the following lamps:

(a)  at least one lamp mounted to indicate as nearly as practicable the extreme left projection of said the combination and displaying a white light visible from a distance of not less than 500 feet to the front of said the combination; and

(b)  two lamps each displaying a red light visible from a distance of not less than 500 feet to the rear of said the combination, or as an alternative, at least one lamp displaying a red light visible from a distance of not less than 500 feet to the rear thereof of the combination and two red reflectors visible from a distance of 100 to 600 feet to the rear thereof of the combination when illuminated by the upper beams of headlamps., which said The lamps or reflectors shall must be mounted in such manner as to indicate as nearly as practicable the extreme left and right rear projections of said the towed unit or implement on the highway.

(3)  Every A farm tractor and every a self-propelled unit of farm equipment or implement of husbandry equipped with an electric lighting system shall must at all times mentioned in 61-9-201 be equipped with two single-beam or multiple-beam or single-beam headlamps meeting the requirements of 61-9-222 or 61-9-220 respectively, or as an alternative, 61-9-224, 61-9-220 or 61-9-222 and two red lamps visible from a distance of not less than 500 feet to the rear, or in the alternative, one red lamp visible from a distance of not less than 500 feet to the rear and two red reflectors visible from a distance of 100 to 600 feet to the rear when illuminated by the upper beams of headlamps. Such The red lamps or reflectors shall must be mounted in the rear of said the farm tractor or self-propelled implement of husbandry so as to indicate as nearly as practicable the extreme left and right projections of said the vehicle on the highway.

(4)  Every A combination of farm tractor and towed farm equipment or towed implement of husbandry equipped with an electric lighting system shall must at all times mentioned in 61-9-201 be equipped with the following lamps:

(a)  The farm tractor element of every such the combination shall must be equipped with two single-beam or multiple-beam headlamps meeting the requirements of 61-9-220, or 61-9-222, or 61-9-224.

(b)  The towed unit of farm equipment or implement of husbandry element of such the combination shall must be equipped with two red lamps visible from a distance of not less than 500 feet to the rear, or as an alternative, one red lamp visible from a distance of not less than 500 feet to the rear and two red reflectors visible from a distance of 100 to 600 feet to the rear when illuminated by the upper beams of headlamps.; and such The red lamps or reflectors shall must be located so as to indicate as nearly as practicable the extreme left and right projections of said the towed unit or implement on the highway.

(c)  Said The combination shall must also be equipped with a lamp displaying a white or amber light, or any a shade of color between white and amber, visible from a distance of not less than 500 feet to the front and a lamp displaying a red light visible from a distance of not less than 500 feet to the rear, which said. The lamp or lamps shall must be installed or capable of being positioned so as to indicate to the front and rear the furthest farthest projection of said the combination on the side of the road used by other vehicles in passing such the combination."



Section 14.  Section 61-9-216, MCA, is amended to read:

"61-9-216.   Lamps on other vehicles and equipment. Every A vehicle, including animal-drawn vehicles and vehicles referred to in 61-9-109(3)(4), not specifically required by the provisions of this chapter to be equipped with lamps or other lighting devices, shall must at all times specified in 61-9-201 be equipped with at least one lamp displaying a white light visible from a distance of not less than 500 1,000 feet to the front of said the vehicle, and shall also be equipped with two lamps displaying red light visible from a distance of not less than 500 1,000 feet to the rear of said the vehicle, or as an alternative,. The vehicle may have one lamp displaying a red light visible from a distance of not less than 500 1,000 feet to the rear and two red reflectors visible for distances of 100 to 600 feet to the rear when illuminated by the upper beams of headlamps."



Section 15.  Section 61-9-217, MCA, is amended to read:

"61-9-217.   Spot lamps, fog lamps, and auxiliary lamps. (1) Any A motor vehicle may not be equipped with not to exceed more than two spot lamps and every a lighted spot lamp shall must be turned off upon approaching another moving vehicle from either direction.

(2)  Any A motor vehicle may not be equipped with not to exceed more than two fog lamps that provide a low, wide-angle light pattern to increase short-range visibility. Fog lamps must be mounted on the front at a height not less than 12 inches or more than 30 inches above the level surface upon which the vehicle stands and so aimed that when the vehicle is not loaded none of the high-intensity portion of the light to the left of the center of the vehicle shall at a distance of 25 feet ahead project projects higher than a level of 4 inches below the level of the center of the lamp from which it comes. Lighted fog lamps meeting the above requirements of this subsection may be used with lower headlamp beams as specified in 61-9-220(2). A fog lamp may not be used as a substitute for headlamps.

(3)  Any motor vehicle may be equipped with not to exceed two auxiliary passing lamps mounted on the front at a height not less than 24 inches or more than 42 inches above the level surface upon which the vehicle stands. The provisions of 61-9-220 shall apply to any combination of headlamps and auxiliary passing lamps.

(4)(3)  Any A motor vehicle may not be equipped with not to exceed more than two auxiliary driving lamps that produce a long-range, pencil-shaped light pattern and that are used to supplement the upper beams of headlamps. Auxiliary driving lamps must be mounted on the front at a height not less than 16 inches or more than 42 inches above the level surface upon which the vehicle stands. The provisions of 61-9-220 shall apply to any a combination of headlamps and auxiliary driving lamps. An auxiliary driving lamp may not be used as a substitute for headlamps or lighted at any time the headlamps are required to be on in the low-beam position.

(4) An auxiliary off-road lamp mounted more than 42 inches above the level surface upon which the vehicle stands must be wired independently of all other lighting circuits and must be covered with a nontransparent hood or cover and turned off whenever the vehicle is operated upon a highway. Auxiliary off-road lamps may not be lighted while the vehicle is being operated on the highway.

(4) AN AUXILIARY OFF-ROAD LAMP MOUNTED MORE THAN 42 INCHES ABOVE THE LEVEL SURFACE UPON WHICH THE VEHICLE STANDS MAY NOT BE LIGHTED WHILE THE VEHICLE IS OPERATED OR PARKED ON A HIGHWAY."



Section 16.  Section 61-9-218, MCA, is amended to read:

"61-9-218.   Signal lamps and signal devices -- when required. (1) Any motor vehicle may be equipped and when required under this chapter shall be equipped with a stop lamp or lamps on the rear of the vehicle which shall display a red or amber light, or any shade of color between red and amber, visible from a distance of not less than 100 feet to the rear in normal sunlight, and which shall be actuated upon application of the service (foot) brake, and which may but need not be incorporated with one or more other rear lamps.

(2)(1)  Any A motor vehicle or combination of vehicles may be equipped and when required under this chapter shall must be equipped with signal lamps showing to the front and rear for the purpose of indicating an intention to turn either to the right or left. When lamps are used for such purposes, the The lamps showing to the front shall must be located on the same level and as widely spaced laterally as practicable. and except EXCEPT as provided in subsection (3), when in use, the lamps shall must display a white or amber light, or any a shade of color between white and amber, visible from a distance of not less than 100 300 feet to the front in normal sunlight,. and the The lamps showing to the rear shall must be located at the same level and as widely spaced laterally as practicable. and Except as provided in subsection (3), when in use, the lamps shall must display a red or amber light, or any a shade of color between red and amber, visible from a distance of not less than 100 300 feet to the rear in normal sunlight. When actuated such the lamps shall must indicate the intended direction of turning by flashing the lights showing to the front and rear on the side toward which the turn is made.

(2) Except as provided in subsection (3), a motor vehicle, trailer, semitrailer, or pole trailer must be equipped with signal lamps meeting the requirements of this section.

(3) On a motor vehicle manufactured or assembled before January 1, 1964, the signal lamps required by this section must be visible from a distance of not less than 100 feet. Signal lamps are not required on a motor ANY vehicle, trailer, semitrailer, or pole trailer less than 80 inches in width and manufactured or assembled before January 1, 1953.

(3)(4)  No A stop lamp or signal lamp or device shall may not project a glaring light."



Section 17.  Section 61-9-220, MCA, is amended to read:

"61-9-220.   Multiple-beam road-lighting equipment. Except as hereinafter provided in this part, the headlamps or the auxiliary driving lamp or the auxiliary passing lamp lamps or combination thereof of both on a motor vehicles vehicle other than a motorcycles motorcycle, quadricycles quadricycle, or motor-driven cycles shall cycle must be so arranged that the driver may select at will between distributions of light projected to different elevations. and such lamps may, in addition, be so arranged that such The selection can be made automatically, subject to the following limitations:

(1)  There shall must be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal capable of revealing persons and vehicles at a distance of at least 350 feet ahead for all conditions of loading.

(2)  There shall must be a lowermost distribution of light, or composite beam, so aimed and of sufficient intensity to reveal capable of revealing persons and vehicles at a distance of at least 100 feet ahead; and on. On a straight level road under any condition of loading none of the high-intensity portion of the beam shall may not be directed to strike the eyes of an approaching driver.

(3)  Every new A motor vehicle, other than a motorcycle, quadricycle, or motor-driven cycle, registered in this state manufactured after January 1, 1956, which that has multiple-beam road-lighting equipment shall must be equipped with a beam indicator, which shall that must be lighted whenever the uppermost distribution of light from the headlamps is in use, and shall may not otherwise be lighted. Said The indicator shall be so designed and located that when lighted it will must be readily visible without glare to the driver of the vehicle so equipped."



Section 18.  Section 61-9-221, MCA, is amended to read:

"61-9-221.   Use of multiple-beam road-lighting equipment. Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto to a roadway during the times specified in 61-9-201, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal capable of revealing persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations:

(1)  Whenever the driver of a vehicle approaches an oncoming vehicle within 1,000 feet, such the driver shall use a distribution of light or composite beam so aimed that does not project the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light specified in 61-9-220(2) shall be deemed to must avoid glare at all times, regardless of road contour and loading.

(2)  Whenever the driver of a vehicle follows another vehicle within 300 500 feet to the rear, such the driver shall use a distribution of light permissible under this chapter other than the uppermost distribution of light specified in subsection (1) of 61-9-220(1)."



Section 19.  Section 61-9-226, MCA, is amended to read:

"61-9-226.   Special restrictions on lamps. (1) Any A lighted lamp or illuminating device upon a motor vehicle other than headlamps, spot lamps, auxiliary lamps, or flashing turn signals, emergency vehicle warning lamps, and school bus warning lamps, which that projects a beam of light of an intensity greater than 300 candlepower shall must be so directed that no part of the high intensity portion of the beam will may not strike the level of the roadway on which the vehicle stands at a distance of more than 75 feet from the vehicle.

(2)  No A person shall may not drive or move any a vehicle or equipment upon a highway with any a lamp or device thereon displaying a red light visible from directly in front of the center thereof of the vehicle. This section shall does not apply to any a vehicle upon which a red light visible from the front is expressly authorized or required by this code.

(3)  Flashing, blinking, sequential, rotating, or pulsating lights are prohibited except on an authorized emergency vehicle, school bus, snow-removal equipment, vehicles that are authorized by this chapter to contain the lights or on any a vehicle as a means for indicating a right or left turn, or the presence of a vehicular traffic hazard requiring unusual care in approaching, overtaking, or passing.

(4) Undercarriage OR LICENSE PLATE decorative lighting THAT IS NOT ORIGINAL MANUFACTURER'S EQUIPMENT OR UNDERCARRIAGE DECORATIVE LIGHTING THAT ROTATES, FLASHES, OR OSCILLATES OR THAT DISPLAYS A COLOR AUTHORIZED BY THIS CHAPTER FOR USE BY POLICE VEHICLES AND AUTHORIZED EMERGENCY VEHICLES may not be illuminated on a vehicle that is operated or parked upon a highway or street."



Section 20.  Section 61-9-227, MCA, is amended to read:

"61-9-227.   Blinker-type or revolving red light on certain private vehicles -- use -- identification card. (1) Firefighters, when authorized by the chief chiefs of their respective department departments, and search and rescue and volunteer emergency medical personnel, when authorized by the county sheriff, may use a blinker-type or revolving red light or both on the front or the top of their privately owned motor vehicles. This light shall must be used on emergency duty only while responding to but not upon returning from a fire or other emergency.

(2)  Any A firefighter or search and rescue or volunteer emergency medical personnel displaying the emergency red light on a privately owned motor vehicle shall also carry attached to a convenient location on the vehicle to which the red light is attached an identification card showing the name of the owner of said the vehicle, and the organization to which he the firefighter or search and rescue or volunteer emergency medical personnel belongs, and bearing the signature of the person authorizing the emergency use of said the light."



Section 21.  Section 61-9-304, MCA, is amended to read:

"61-9-304.   Brakes required on all wheels -- exceptions. Every A vehicle must be equipped with brakes acting on all wheels except:

(1)  trailers, semitrailers, or pole trailers of a gross vehicle weight or rating not exceeding 3,000 pounds, provided that:

(a)  the total weight on and including the wheels of the trailer or trailers may not exceed 40% of the gross weight of the towing vehicle when connected to the trailer or trailers; and

(b)  the combination of vehicles consisting of the towing vehicle and its total towed load is capable of complying with the performance requirements of 61-9-312;

(2)  any a vehicle being towed in driveaway or towaway operations, provided the combination of vehicles is capable of complying with the performance requirements of 61-9-312;

(3)  trucks and truck tractors having three or more axles need are not required to have brakes on the front wheels, if the vehicle was manufactured before July 25, 1980. However, the trucks and truck tractors must be capable of complying with the performance requirements of 61-9-312.

(4)  special mobile equipment as defined in 61-1-104;

(5)  the wheel of a sidecar attached to a motorcycle or to a motor-driven cycle, or the front wheel of a motor-driven cycle need are not required to be equipped with have brakes. However, a quadricycle, motorcycle motorcycle, quadricycle, or motor-driven cycle must be capable of complying with the performance requirements of 61-9-312."



Section 22.  Section 61-9-305, MCA, is amended to read:

"61-9-305.   Automatic trailer brake application upon breakaway. Every A trailer, semitrailer, and or pole trailer equipped with air or vacuum actuated brakes and every a trailer, semitrailer, and or pole trailer with a gross vehicle weight or rating in excess of 3,000 pounds, manufactured or assembled after January 1, 1966, shall must be equipped with brakes acting on all wheels and of such character as to that can be applied automatically and promptly, and remain applied for at least 15 minutes upon breakaway from the towing vehicle."



Section 21.  Section 61-9-308, MCA, is amended to read:

"61-9-308.   Two means of emergency brake operation. (1) After January 1, 1966, every A towing vehicle, when used to tow another vehicle equipped with air controlled brakes, in other than driveaway or towaway operations, shall must be equipped with two means for emergency application of the trailer brakes. One of these means shall must apply the brakes automatically in the event of a reduction of the towing vehicle air supply to a fixed pressure which shall that may not be not lower than 20 pounds per square inch or higher than 45 pounds per square inch. The other means shall must be a manually controlled device for applying and releasing the brakes, readily operable by a person seated in the driving seat, and its emergency position or method of operation shall must be clearly indicated. In no instance may the The manual means may not be so arranged as to permit its use to prevent operation of the automatic means. The automatic and the manual means required by this section may be, but are not required to be, separate.

(2)  After January 1, 1966, every A towing vehicle used to tow other vehicles equipped with vacuum brakes, in operations other than driveaway or towaway operations, shall must have, in addition to the single control device required by 61-9-309, a second control device which that can be used to operate the brakes on towed vehicles in emergencies. The second control shall must be independent of brake air, hydraulic, and other pressure, and independent of other controls, unless the braking system be is so arranged that failure of the pressure upon which the second control depends will cause causes the towed vehicle brakes to be applied automatically. The second control is not required to provide modulated braking."



Section 22.  Section 61-9-309, MCA, is amended to read:

"61-9-309.   Single control to operate all brakes. After January 1, 1966, every A motor vehicle, trailer, semitrailer, and or pole trailer, and every a combination of such these vehicles, except motorcycles, quadricycles, and motor-driven cycles, equipped with brakes shall must have the braking system so arranged that one control device that can be used to operate all service brakes. This requirement does not prohibit vehicles from being equipped with an additional control device to be used to operate brakes on the towed vehicles. This regulation does not apply to driveaway or towaway operations unless the brakes on the individual vehicles are designed to can be operated by a single control on the towing vehicle."



Section 23.  Section 61-9-310, MCA, is amended to read:

"61-9-310.   Reservoir capacity and check valve. (1) Every A bus, truck, or truck tractor with air operated brakes shall must be equipped with at least one reservoir sufficient to insure ensure that, when fully charged to the maximum pressure as regulated by the air compressor governor cutout setting, a full service brake application may be is made without lowering such the reservoir pressure by more than 20%. Each reservoir shall must be provided with means for readily draining accumulated oil or water.

(2)  After January 1, 1966, every A truck with three or more axles equipped with vacuum assistor type brakes and every or a truck tractor and truck used for towing a vehicle equipped with vacuum brakes shall must be equipped with a reserve capacity or a vacuum reservoir sufficient to insure ensure that, with the reserve capacity or reservoir fully charged and with the engine stopped, a full service brake application may be is made without depleting the vacuum supply by more than 40%.

(3)  All A motor vehicles vehicle, trailers trailer, semitrailers semitrailer, and or pole trailers trailer, when equipped with air or vacuum reservoirs or reserve capacity as required by this section, shall must have such reservoirs or reserve capacity so safeguarded by a check valve or equivalent device that, in the event of failure or leakage in its connection to the source of compressed air or vacuum, prevents the stored air or vacuum shall not be from being depleted by the leak or failure."



Section 24.  Section 61-9-311, MCA, is amended to read:

"61-9-311.   Warning devices. (1) Every A bus, truck, or truck tractor using compressed air for the operation of its own brakes or the brakes on any a towed vehicle shall be provided with must have a warning signal, other than a pressure gauge, readily audible or visible to the driver, which that will operate at any time the air reservoir pressure of the vehicle is below 50% of the air compressor governor cutout pressure 60 POUNDS PER SQUARE INCH. In addition, each such vehicle shall must be equipped with a pressure gauge visible to the driver, which that indicates in pounds per square inch the pressure available for braking.

(2)  After January 1, 1966, every A truck tractor, and truck used for towing a vehicle equipped with vacuum operated brakes, and every or a truck with three or more axles using vacuum in the operation of its brakes, except those in driveaway or towaway operations, shall must be equipped with a warning signal, other than a gauge indicating vacuum, readily audible or visible to the driver, which that will operate at any time the vacuum in the vehicle's supply reservoir or reserve capacity is less than 8 inches of mercury.

(3)  When a vehicle required to be equipped with a warning device is equipped with both air and vacuum power for the operation of its own brakes or the brakes on a towed vehicle, the warning devices may be, but are not required to be, combined into a single device which that will serve both purposes. A gauge or gauges indicating pressure or vacuum shall is not be deemed to be an adequate means of satisfying this requirement."



Section 25.  Section 61-9-312, MCA, is amended to read:

"61-9-312.   Performance ability of brakes. (1) Every On a dry, hard, approximately level stretch of highway free from loose material, a motor vehicle and or combination of vehicles, at all times and under all conditions of loading, upon application of the service brake, shall must be capable of:

(a)  developing a braking force that is not less than the percentage of its gross weight tabulated in subsection (3) for its classification;

(b)  decelerating to a stop from not more than 20 miles per hour at not less than the feet per second per second tabulated in subsection (3) for its classification; and

(c)  stopping from a speed of 20 miles per hour in not more than the distance tabulated in subsection (3) for its classification, such distance to be measured from the point at which movement of the service brake pedal or control begins.

(2)  Tests for deceleration and stopping distance shall be made on a substantially level (not to exceed plus or minus 1% grade), dry, smooth, hard surface that is free from loose material.

(3)       Brake system

      application and

  Braking force   braking distance

  as a percentage Deceleration in feet from an

  of gross vehicle in feet initial speed of

  or combination per second twenty (20)

  weight per second miles per hour

Classification of Vehicles

A Passenger vehicles with a

seating capacity of ten (10)

people or less including driver,

not having a manufacturer's

gross vehicle weight rating..... 52.8% 17 25

B-1 All motorcycles, quadricycles,

and motor-driven cycles..... 43.5% 14 30

B-2 Single unit vehicles with a

manufacturer's gross vehicle

weight rating of than ten

thousand (10,000) pounds

or less..... 43.5% 14 30

C-1 Single unit vehicles with a

manufacturer's gross weight

rating of more than ten thousand

(10,000) pounds..... 43.5% 14 40

C-2 Combination of a two-axle

towing vehicle and a trailer with

a gross trailer weight of three

thousand (3,000) pounds or less..... 43.5% 14 40

C-3 Buses, regardless of the

number of axles, not having a

manufacturer's gross weight

rating..... 43.5% 14 40

C-4 All combinations of vehicles

in driveaway-towaway operations..... 43.5% 14 40

D All other vehicles and

combinations of vehicles..... 43.5% 14 50

stopping at a speed of 20 miles an hour within the following distances:

(1) 25 feet for passenger motor vehicles, except buses and pioneer vehicles;

(2) 40 feet for buses, trucks, and tractor trucks;

(3) 45 feet for motor vehicles registered or qualified to be registered as pioneer vehicles under 61-3-411(3)(a) when equipped with two-wheel brakes or 25 feet when equipped with four-wheel brakes;

(4) 40 feet for all combinations of vehicles; and

(5) 30 feet for motorcycles, quadricycles, and motor-driven cycles."



Section 26.  Section 61-9-401, MCA, is amended to read:

"61-9-401.   Horns, security alarms, and warning devices. (1) Every A motor vehicle when operated upon a highway shall must be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than 200 feet., but no A horn or other warning device shall may not emit an unreasonably loud or harsh sound or a whistle. The driver of a motor vehicle shall when reasonably necessary to insure ensure safe operation give audible warning with his the horn but shall may not otherwise use such the horn when upon a highway.

(2)  No A vehicle shall may not be equipped with nor shall any and a person may not use upon a vehicle any a siren, whistle, or bell, except as otherwise permitted in this section.

(3)  It is permissible but not required that any A commercial vehicle may be equipped with a theft security alarm signal device which is so arranged that it cannot be used by the driver as an ordinary warning signal WHILE THE VEHICLE IS IN MOTION. A peace officer may, upon the complaint of a person, impound a vehicle if an alarm device has been activated within the vehicle and the peace officer is unable to locate the owner of the vehicle within 45 minutes from the time of the officer's arrival at the vehicle's location. The owner shall pay all fees associated with the removal, impound, and storage of a vehicle impounded in accordance with this section.

(4)  Any An authorized emergency vehicle may be equipped with a siren, whistle, or bell capable of emitting sound audible under normal conditions from a distance of not less than 500 feet and of a type approved by the department., but such The siren shall may not be used except when such the vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which said latter events event the driver of such the vehicle shall sound said the siren when reasonably necessary to warn pedestrians and other drivers of the vehicle's approach thereof."



Section 27.  Section 61-9-402, MCA, is amended to read:

"61-9-402.   Audible and visual signals on police and emergency vehicles and on-scene command vehicles. (1) A police vehicle shall must be equipped with a siren capable of giving an audible signal and may, but need not, be equipped with alternately flashing or rotating red or blue lights as specified herein in this section. The use of signal equipment as described herein shall impose in this section imposes upon the drivers of other vehicles the obligation to yield right-of-way and/or or to stop and to proceed past such the signal or light only with caution and at a speed which that is no greater than is reasonable and proper under the conditions existing at the point of operation.

(2)  Every An authorized emergency vehicle shall, in addition to any other equipment and distinctive markings required by this chapter, must be equipped:

(a) with a siren and an alternately flashing or rotating red light as specified herein. in this section; and

(3)  Every authorized emergency vehicle shall, in addition to any other equipment and distinctive markings required by this chapter, be equipped

(b) with signal lamps mounted as high and as widely spaced laterally as practicable, which shall be that are capable of displaying to the front two alternately flashing red lights located at the same level and to the rear two alternately flashing red lights located at the same level., and these These lights shall must have sufficient intensity to be visible at 500 feet in normal sunlight.

(4)(3)  Every A bus used for the transportation of school children shall, in addition to any other equipment and distinctive markings required by this chapter, must be equipped with signal lamps mounted as high and as widely spaced laterally as practicable, displaying to the front two red and two amber alternating flashing lights and to the rear two red and two amber alternating flashing lights. These lights shall must have sufficient intensity to be visible at 500 feet in normal sunlight. The warning lights shall must be of a type and located on each bus as prescribed by the state board of public education and approved by the department.

(5)(4)  Police vehicles A police vehicle and an authorized emergency vehicles vehicle may, and an emergency service vehicles shall, in addition to any other equipment and distinctive markings required by this chapter vehicle must, be equipped with alternately flashing or rotating amber lights as specified herein in this section. The use of signal equipment as described herein shall impose in this section imposes upon the drivers of other vehicles the obligation to yield right-of-way and/or or to stop and to proceed past such the signal or light only with caution and at a speed which that is no greater than is reasonable and proper under the conditions existing at the point of operation.

(6)(5)  Blue, red, and amber lights required in this section shall must be mounted as high as and as widely spaced laterally as practicable and capable of displaying to the front two alternately flashing lights of the specified color located at the same level and to the rear two alternately flashing lights of the specified color located at the same level or as an alternative, one rotating light of the specified color, mounted as high as is practicable which shall be and both visible from both the front and the rear. These lights shall must have sufficient intensity to be visible at 500 feet in normal sunlight. The use of blue lights as required in subsection (1) of this section shall be restricted to Only EXCEPT AS PROVIDED IN 61-9-204(6), ONLY police vehicles as defined in 61-1-118 may display blue lights, lenses, or globes.

(7)(6)  Every A police car and authorized emergency vehicle may be equipped with a portable flashing signal lamp that is green in color, visible from 360 degrees, and capable of magnetic attachment attached to the exterior roof of the vehicle for purposes of designation as the on-scene command and control vehicle in an emergency or disaster. The green light shall must have sufficient intensity to be visible at 500 feet in normal sunlight. Only the on-scene command and control vehicle may display green lights, lenses, or globes.

(7) Only a police vehicle or an authorized emergency vehicle may be equipped with the means to flash or alternate its headlamps or its backup lights."



Section 28.  Section 61-9-404, MCA, is amended to read:

"61-9-404.   Mirrors. On and after January 1, 1960, every A motor vehicle shall must be equipped with a mirror so located as to reflect that reflects to the driver a view of the highway for a distance of at least 200 feet to the rear of such the motor vehicle."



Section 29.  Section 61-9-405, MCA, is amended to read:

"61-9-405.   Windshields required, exception -- to be unobstructed and equipped with wipers -- window tinting and sunscreening -- restrictions -- exemptions. (1) A motor vehicle, except a motorcycle, quadricycle, or motor-driven cycle, OR FARM TRACTOR, must be equipped with a front windshield meeting the requirements of 61-9-408, unless the driver wears safety glasses, goggles, or face shields at all times during the operation of the motor vehicle.

(2) A person may not drive a motor vehicle with: any

(A) a sign, poster, substance, or other nontransparent material upon or a crack within the front windshield, side wings, or side or rear windows of the vehicle that MATERIALLY obstructs, obscures, or impairs the driver's clear view of the highway or any an intersecting highway; OR

(B) A WINDSHIELD THAT IS SHATTERED OR DISTORTED OR IN SUCH A DEFECTIVE CONDITION THAT IT MATERIALLY IMPAIRS OR OBSTRUCTS THE DRIVER'S CLEAR VIEW.

(2)(3)  The windshield on each a motor vehicle must be equipped with a device for clearing rain, snow, or other moisture from the windshield.

(3)  Each windshield wiper upon a motor vehicle The device must be maintained in good working order.

(4)  A person may not operate a motor vehicle that is required to be registered in this state upon a highway if:

(a)  the windshield has any sunscreening material that is not clear and transparent below the AS-1 line or if it has a sunscreening material that is red, yellow, or amber in color above the AS-1 line;

(b)  the front side windows have any sunscreening or other transparent material that has a luminous reflectance of more than 35% or has light transmission of less than 24%;

(c)  the rear window or side windows behind the front seat have sunscreening or other transparent material that has a luminous reflectance of more than 35% or has light transmission of less than 14%, except for the rear window or side windows behind the front seat on a multipurpose vehicle, van, or bus; or

(d)  the windows of a camper, motor home, pickup cover, slide-in camper, or other motor vehicle do not meet the standards for safety glazing material specified by federal law in 49 CFR 571.205.

(5)  As used in 61-9-428, 61-9-429, and this section, the following definitions apply:

(a)  "Camper" means a structure designed to be mounted in the cargo area of a truck or attached to an incomplete vehicle for the purpose of providing shelter for persons.

(b)  "Glass-plastic glazing material" means a laminate of one or more layers of glass and one or more layers of plastic in which a plastic surface of the glazing faces inward when the glazing is installed in a vehicle.

(c)  "Light transmission" means the ratio of the amount of total light, expressed in percentages, that is allowed to pass through the sunscreening or transparent material to the amount of total light falling on the motor vehicle window.

(d)  "Luminous reflectance" means the ratio of the amount of total light, expressed in percentages, that is reflected outward by the sunscreening or transparent material to the amount of total light falling on the motor vehicle window.

(e)  "Motor home" means a multipurpose passenger vehicle that provides living accommodations.

(f)  "Multipurpose vehicle" means a motor vehicle designed to carry 10 or fewer passengers that is constructed on a truck chassis or with special features for occasional off-road use.

(g)  "Pickup cover" means a camper having a roof and sides but without a floor designed to be mounted on and removable from the cargo area of a pickup truck by the user.

(h)  "Slide-in camper" means a camper having a roof, floor, and sides designed to be mounted on and removable from the cargo area of a truck by the user.

(i)  "Sunscreening material" means a film, material, tint, or device applied to motor vehicle windows for the purpose of reducing the effects of the sun.

(6)  Except as provided in subsection (7), subsection (4) applies to all vehicles that are equipped with tinted windows, including windows with less than 100% light transmission to which additional sunscreening material has been applied.

(7)  Subsection (4) does not apply to a multipurpose vehicle that is equipped with tinted windows of the type and specifications that were installed by the manufacturer of the vehicle or to any a hearse, ambulance, government vehicle, or any other vehicle to which a currently valid certificate of waiver is affixed as specified under 61-9-428. A certificate of waiver must be issued by the department for a vehicle that was registered in this state on October 1, 1991, and was equipped with a sunscreening device or other material prohibited under subsection (4) on October 1, 1991."



Section 32.  Section 61-9-406, MCA, is amended to read:

"61-9-406.  Restrictions as to tire equipment Tires and tire equipment -- restrictions -- particular tires, chains, or traction equipment. (1) A solid rubber tire on a vehicle must have rubber on its entire traction surface at least 1 inch thick above the edge of the flange of the entire periphery.

(2)  A person may not operate or move on a highway a motor vehicle, trailer, or semitrailer having a metal tire in contact with the roadway.

(3)  A tire on a vehicle moved on a highway may not have on its periphery a block, stud, flange, cleat, or spike, or other protuberance of a material other than rubber that projects beyond the tread of the traction surface of the tire, except that it is permissible to use farm machinery with tires having protuberances that will not injure the highway. It is also permissible to use tire chains of reasonable proportions or pneumatic tires, the traction surfaces of which have been embedded with material, such as wood, wire, plastic or metal, that may not protrude more than one-sixteenth of an inch beyond the tire tread or that are clearly marked by the manufacturer on the sidewall "all season m&s" (or "all season mud and snow"), upon a vehicle when required for safety because of snow, ice, or other conditions tending to cause a vehicle to skid. The use of pneumatic tires embedded as provided in this section is permitted only between October 1 and May 31 of each year, except that one of those tires may be used for a spare in case of tire failure. School buses equipped with such embedded pneumatic tires may operate from August 15 through the following June 15.

(4)  The department of transportation and local authorities in their respective jurisdictions may in their discretion issue special permits authorizing the operation upon a highway of farm tractors or other farm machinery or of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of the movable tracks, the operation of which upon the highway would otherwise be prohibited under this section.

(5)  If the department of transportation determines at any time that dangerous or unsafe conditions on a highway require particular tires, tire chains, or traction equipment for vehicles in addition to or beyond the ordinary pneumatic rubber tires, the department may establish the following recommendations or requirements with respect to the use of the equipment for all vehicles using the highway:

(a)  chains or other approved traction devices recommended for driver wheels;

(b)  chains or other approved traction devices required for driver wheels; or

(c)  chains required for driver wheels.

(6)  Equipment required by subsection (5)(b) or (5)(c) must conform to rules established by the department of justice.

(7)  The department of transportation shall place and maintain signs and other traffic-control devices on a highway designated under subsection (5) that indicate the tire, tire chain, or traction equipment recommendation or requirement determined for vehicles. The signs or traffic-control devices may not prohibit the use of pneumatic tires embedded as provided in subsection (3) between October 1 and May 31 of each year, but when the department of transportation determines that chains are required and that no other traction equipment will not suffice, the requirement is applicable to tires on driver wheels of one axle of a vehicle, including embedded tires. The signs or traffic-control devices may differentiate in recommendations or requirements for four-wheel-drive vehicles in gear.

(8) A person may not operate on the highways of this state a motor vehicle, trailer, semitrailer, or pole trailer, EXCEPT A FARM TRACTOR, FARM EQUIPMENT, OR AN IMPLEMENT OF HUSBANDRY TOWED BY A FARM TRACTOR, mounted with a tire having a cut into the fabric or worn so that the fabric is visible, having knots or bulges in the sidewall or tread, or having a minimum tread depth less than 2/32 of an inch on any two adjacent tread grooves. Measurements taken to determine compliance with this section may not be made at the location of any tread wear indicator, tie bar, or hump."



Section 30.  Section 61-9-407, MCA, is amended to read:

"61-9-407.   Fenders, splash aprons, or flaps required on certain vehicles -- dimension and location. (1) A person may not move, or permit to be moved, any recreational a motor vehicle, van, truck, bus, truck tractor, trailer, pole trailer, or semitrailer except a motorcycle, quadricycle, or motor-driven cycle, OR FARM TRACTOR, as defined in this title, upon the public highways without having first equipped the rearmost wheels or set of wheels of the vehicle with fenders, splash aprons, or flaps. The fenders, splash aprons, or flaps must be designed, constructed, and attached to the vehicle in a manner that arrests and deflects dirt, mud, water, rocks, and other substances that may be picked up by the rear wheels of the vehicle and thrown into the air, as follows:

(a)  If the vehicle is equipped with fenders, the fenders must extend in full width from a point above and forward of the center of the tire or tires over and to the rear of the tires.

(b)  If the vehicle is equipped with splash aprons or flaps, the splash aprons or flaps must extend downward in full width from a point not lower than halfway between the center of the tire or tires and the top of the tire or tires and to the rear of the tires.

(c)  If the vehicle is in excess of 8,000 pounds gross vehicle weight or rating, the fenders, splash aprons, or flaps must extend downward to a point that is not more than 10 inches above the surface of the highway when the vehicle is empty.

(d)  If the vehicle is 8,000 pounds or less gross vehicle weight or rating, the fenders, splash aprons, or flaps must extend downward to a point that is not more than 20 inches above the surface of the highway when the vehicle is empty.

(2)  Fenders, splash aprons, or flaps, as used in subsection (1), are considered to be of sufficient size and construction as to comply with the requirements of this section, if must be constructed as follows:

(a)  when measured on the cross-sections of the tread of the wheel or on the combined cross-sections of the treads of multiple wheels, the fender, splash apron, or flap extends at least to each side of the width of the tire or of the combined width of the multiple tires, as the case may be; and

(b)  the fender, splash apron, or flap is so constructed that it is capable at all times of arresting and deflecting dirt, mud, water, or other substance that may be picked up and carried by the wheel or wheels.

(3) THIS SECTION DOES NOT APPLY TO STREET ROD VEHICLES; MOTOR VEHICLES NOT ORIGINALLY EQUIPPED WITH FENDERS, SPLASH APRONS, OR FLAPS; OR MOTOR VEHICLES FOR WHICH FENDERS, SPLASH APRONS, OR FLAPS WERE NOT REQUIRED BY FEDERAL LAW OR REGULATION AT THE TIME OF MANUFACTURE.

(4) FOR PURPOSES OF THIS SECTION AND [SECTION 40], "STREET ROD" MEANS A VEHICLE MANUFACTURED BEFORE 1949 THAT HAS BEEN MODIFIED IN BODY STYLE OR DESIGN."



Section 31.  Section 61-9-408, MCA, is amended to read:

"61-9-408.   Safety glazing material in motor vehicles. (1) On and after January 1, 1956, no A person shall may not sell any a new motor vehicle as specified herein, nor shall any and a new motor vehicle as specified herein may not be registered thereafter unless such the vehicle is equipped with safety glazing material wherever glazing material is used in doors, windows, and windshields. The foregoing These provisions shall apply to all passenger-type motor vehicles, including passenger buses and school buses., but in With respect to trucks, including truck tractors, the requirements as to safety glazing material shall apply to all glazing material used in doors, windows, and windshields in the driver's compartments of such the vehicles.

(2)  The term "safety glazing materials" means glazing materials so constructed, treated, or combined with other materials as to reduce substantially in comparison with ordinary sheet glass or plate glass the likelihood of injury to persons by objects from exterior sources or by these safety glazing materials when they may be cracked or broken."



Section 32.  Section 61-9-409, MCA, is amended to read:

"61-9-409.   Seatbelts required in new vehicles manufactured after 1964. (1) It is unlawful for any person to buy, sell, lease, trade, or transfer from or to Montana residents at retail an An automobile which that was is manufactured or assembled commencing with the 1966 models unless such vehicle is after January 1, 1965, and on or before January 1, 1968, must be equipped with safety belts installed for use in the left front and right front seats thereof, and no such vehicle shall be operated in this state unless such belts remain installed.

(2) A motor vehicle manufactured after January 1, 1968, must be equipped at each designated seating position with a safety belt system required for that seating position by the standards of the United States department of transportation at the time that the vehicle was manufactured.

(3) The safety belts required by this section must remain installed and in good working condition."



Section 33.  Section 61-9-414, MCA, is amended to read:

"61-9-414.   Logging trucks. (1) Every A truck or truck trailer combination, except pole trailers, actively engaged in transporting logs shall must be equipped with chains, cables, steel straps, or fiber webbing with working load limits that meet or exceed the manufacturer's marked value. The number of tie-down assemblies must be determined by the working load limits and the total weight of the load. The working load limits must equal or exceed 1 1/2 times the total weight of the load.

(2) A pole trailer actively engaged in transporting logs upon the highways of the state must be equipped as follows:

(1)  (a) At least three binders shall be are required as standard equipment on any truck or truck trailer combination actively engaged in transporting logs upon the public highways of the state. The binders must:

(b)(i) Such binders shall be made of steel chain or steel cable.;

(c)(ii) The have a minimum diameter of any portion of such binders shall be three-eighths of an inch.; and

(d)(iii) Such binders shall be of sufficient length long enough to encompass any load when secured by a fastener.

(2)  (a)(b) Binders used to secure loads of logs together shall must be fastened by means of a fastener.

(b)(i)  The minimum diameter of the portions of the fastener under direct stress from the binder shall must be three-eighths of an inch.

(c)(ii)  The handle, or leverage portion of the fastener, when in use in tightening and holding the binder shall must be securely fastened to the binder or to the fastener in such a way so that it cannot be accidentally loosened.

(3)(c)  At least two binders shall must be in use on all loads. Such The binders shall must be placed as close as reasonably possible to the front and rear bunks.

(4)(d)  In the event If short logs are loaded on top of longer logs, sufficient binders shall must be used to secure both ends of such the short logs to the main body of the load. No logs A log may not extend laterally beyond the stakes which that form the outer boundary of the load at the top of such the stakes. Logs or poles loaded above the tops of the stakes shall must be loaded in a pyramidal fashion."



Section 34.  Section 61-9-415, MCA, is amended to read:

"61-9-415.   Slow-moving vehicles. (1) It shall be is unlawful after January 1, 1970, for any a person to operate on the roadway of any a state highway, a farm, rural, or county roads and road or a city streets street of this state any a slow-moving vehicle or equipment, any an animal-drawn vehicle, or any other machinery designed for use at speeds less than 25 miles per hour, including all road construction or maintenance machinery, except when engaged in actual construction or maintenance work either guarded by a flagman flag person or clearly visible warning signs, which that normally travels or is normally used at a speed of less than 25 miles per an hour, unless there is displayed on the rear thereof of the vehicle an emblem as described in and displayed as provided in subsection (2) of this section. The requirement of such the emblem shall be is in addition to any lighting devices required by law.

(2)  The emblem required by subsection (1) of this section shall must be of substantial construction, and shall must be a based-down equilateral triangle of fluorescent yellow-orange film or equivalent quality paint with a base of 14 inches and an altitude a height of 12 inches. Such The triangle shall must be bordered with reflective red strips having a minimum width of 1 3/4 inches, with the vertices of the overall triangle truncated such so that the remaining altitude height shall be is a minimum of 14 inches. Such The emblem shall must be mounted on the rear of such the vehicle near the horizontal geometric center of the vehicle at a height of 3 to 5 feet above the roadway, and shall must be maintained in a clean, reflective condition.

(3)  In addition to the foregoing requirements in subsection (2), on a highway that has only two lanes for traffic moving in opposite directions, when an overtaking vehicle being operated in conformity with 61-8-303 does not have a clear lane for passing as required by 61-8-325, the driver of a slower-moving, overtaken vehicle shall, at the first opportunity, whenever sufficient area for and when a safe turnout exists, move the overtaken vehicle off the main-traveled portion of the highway until the overtaking vehicle is safely clear of the overtaken vehicle."



Section 35.  Section 61-9-416, MCA, is amended to read:

"61-9-416.   Commercial tow truck definition -- requirements. (1) "Commercial tow truck" means a motor vehicle operating for compensation that is equipped with specialized equipment designed and intended for towing or the recovery of wrecked, disabled, or abandoned vehicles or other objects creating a hazard on the public roadways. A commercial tow truck must be equipped with:

(a)  and carry not less than two red flares, two red lanterns, or two warning lights or reflectors. The reflectors must be of a type approved by the department.

(b)  at least two highway warning signs of a uniform type, with dimensions of 3 x 3 feet, lettering 5 inches high, and reflectorized orange background and black border, as prescribed by the department. The signs must be designed to be visible both day and night. The warning signs must bear the words "wreck ahead", "tow truck ahead", or "wrecker ahead", as prescribed by the department. When a motor vehicle is disabled on the highway, the tow truck operator called to render assistance during the hours of darkness shall immediately upon arrival place warning signs upon the highway as prescribed in this section and shall also place not less than one red flare, red lantern, or warning light or reflector in close proximity to each warning sign.

(c)  and carry a dry chemical fire extinguisher of at least 5 pound capacity or an equivalent alternative type of fire extinguisher, approved by the department;

(d)  a lamp emitting a flashing or steady red or amber light meeting the requirements of 61-9-402(5), or both a red and amber light, mounted on top of the cab of the tow truck or on the top of the crane or hoist if the light can be seen from the front of the tow truck. The light from the lamp must be visible for a distance of 1,000 feet under normal atmospheric conditions and must be mounted in such a manner so that it can be securely fastened with the lens of the lamp facing the rear of the tow truck upon which it is mounted. When standing at the location from which the disabled vehicle is to be towed, the operator of the tow truck may unfasten the red light and place it in any a position considered advisable to warn approaching drivers. When the disabled vehicle is ready for towing, the red light must be turned to the rear of the tow truck upon which it is mounted and securely locked in this position. Additional red or amber lights of an approved type may be displayed at either side or both sides of the tow truck as the case may warrant during the period of preparation at the location from which the disabled vehicle is to be towed.

(e)  one or more brooms, and the operator of the tow truck engaged to remove a disabled vehicle from the scene of an accident shall remove all glass and debris deposited upon the roadway by the disabled vehicle that is to be towed;

(f)  and carry a shovel, and whenever practical, the tow truck operator engaged to remove any a disabled vehicle shall spread dirt upon that portion of the roadway where oil or grease has been deposited by the disabled vehicle; and

(g)  and carry a portable electrical extension cord or other device for use in displaying stop, turn, and tail lights taillamps on the rear of the disabled vehicle. The length of the extension cord may not be less than the length of the combined vehicles, and whenever. When a disabled vehicle is towed during the hours of darkness and the rear lamp or lamps on the disabled vehicle cannot be lighted, the tow truck operator shall provide for the rear light that is capable of emitting displaying a stop signal, turn signal, and a directional signal taillamps by means of the extension cord or other device referred to in this subsection.

(2)  The operator of a commercial tow truck used for the purpose of rendering assistance to other vehicles shall, when the rendering of assistance necessitates the obstruction of any a portion of the roadway outside a business or residence district, place a highway warning sign as required in subsection (1)(b):

(a)  in an area in which the posted speed limit is 45 miles an hour or less, not less than 450 feet in advance of the disabled vehicle and an equal distance to the rear of the disabled vehicle; and

(b)  in an area in which the posted speed limit is more than 45 miles an hour or no speed limit is posted, 600 feet in advance of the disabled vehicle, except on a divided highway where the disabled vehicle does not cause disruption of traffic traveling on the opposite side of the divided highway, and an equal distance to the rear of the disabled vehicle.

(3) A local government unit may adopt an ordinance exempting a commercial tow truck operator from the requirements of this subsection (2) within the limits of an incorporated city or town.

(3)(4)  When a motor vehicle is disabled on the highway during the hours of darkness, the tow truck operator called to render assistance shall immediately upon arrival place warning signs upon the highway as prescribed in this section and shall also place not less than one red flare, red lantern, or warning light or reflector in close proximity to each warning sign.

(5) The owner or operator of a commercial tow truck who complies with the requirements of 61-8-906 and 61-8-907 and this section may stop or park the tow truck upon a highway for the purpose of rendering assistance to a disabled vehicle, notwithstanding other provisions of this code."



Section 36.  Section 61-9-417, MCA, is amended to read:

"61-9-417.   Headgear required for minor motorcycle riders. (1) An operator and passenger under 18 years of age of any a motorcycle or quadricycle operated upon the streets or highways of this state shall wear properly fitting protective headgear upon the head. The headgear shall must meet standards established by the department of justice.

(2) A person may not operate a motorcycle upon a highway in the state unless all passengers under 18 years of age are in compliance with subsection (1)."



SECTION 37.  SECTION 61-9-419, MCA, IS AMENDED TO READ:

"61-9-419.   "Properly restrained" defined. As used in 61-9-420 through 61-9-423, "properly restrained" means fastened in a manner prescribed by the manufacturer of the system which that permits the system to act as a body restraint, but does not mean a system in which the only body restraint is a safety belt of the type specified in 61-9-410 required by 61-9-409."



Section 38.  Section 61-9-420, MCA, is amended to read:

"61-9-420.   Child safety restraint systems -- standards -- exemptions. (1) No resident of Montana who is the parent or legal guardian of If a child under the age of 2 years of age may transport the child in is a passenger in a motor vehicle owned by the resident or his spouse unless the child is properly restrained, that motor vehicle must be equipped with one child safety restraint for each child in the vehicle and each child must be properly restrained.

(2)  No resident of Montana who is the parent or legal guardian of a A child between 2 and 4 years old of age or weighing less than 40 pounds may transport the child who is a passenger in a motor vehicle owned by the resident or his spouse unless the child is must be properly restrained or is restrained in a safety belt of the type specified in 61-9-410 THAT MEETS APPLICABLE FEDERAL MOTOR VEHICLE SAFETY STANDARDS.

(3)  The department shall by rule establish standards in compliance with 61-9-419 through 61-9-423 and applicable federal standards for approved types of child safety restraint systems purchased after January 1, 1984.

(4)  No resident or his spouse A person is not required to have more than three child safety restraint systems in a vehicle.

(5)  The department may by rule exempt from the requirements of subsection (1) any a child who because of a physical or medical condition or body size cannot be placed in a child safety restraint system or safety belt."



Section 39.  Section 61-9-423, MCA, is amended to read:

"61-9-423.   Penalty. Violation of 61-9-420 is punishable as follows:

(1)  On initial violation a citation shall be issued. No penalty may be assessed if the violation of 61-9-420 is corrected within 30 days by providing the proper court with proof that a child safety restraint system meeting the requirements of 61-9-420 was purchased or leased and properly installed in the vehicle. If not corrected, the violation shall be punishable by a fine of not less than $10 or more than $25 $100.

(2)  Subsequent violation within 3 years is punishable by a fine of not less than $25 or more than $100."



NEW SECTION. Section 43.  Vehicle to be constructed and loaded to prevent shifting or leaking loads. (1) A vehicle may not be driven or moved on a highway unless it is constructed and loaded to prevent its contents from dropping, shifting, leaking, or otherwise escaping from the vehicle. Sand, water, or another substance may be sprinkled on a roadway in securing traction, cleaning, or maintaining the roadway as authorized by law.

(2) A person may not operate a vehicle with a load on a highway unless the load and its covering are securely fastened to prevent the covering or load from becoming loose, detached, or in any manner a hazard to other users of the highway.



NEW SECTION. Section 40.  Bumpers. (1) A motor vehicle of less than 10,000 pounds gross vehicle weight or rating REGISTERED IN MONTANA, except a motorcycle, a quadricycle, or a motor-driven cycle, OR A FARM TRACTOR, must be equipped with a front BUMPER and, UNLESS THE VEHICLE IS EQUIPPED WITH WORK-PERFORMING FEATURES THAT MAKE INSTALLATION IMPRACTICAL OR UNNECESSARY, WITH a rear bumper.

(2) THIS SECTION DOES NOT APPLY TO STREET ROD VEHICLES, AS DEFINED IN 61-9-407(4), VEHICLES NOT ORIGINALLY EQUIPPED WITH FRONT OR REAR BUMPERS, OR VEHICLES FOR WHICH BUMPERS WERE NOT REQUIRED BY FEDERAL LAW OR REGULATION AT THE TIME OF MANUFACTURE.



Section 45.  Section 61-9-511, MCA, is amended to read:

"61-9-511.   Violation of chapter -- penalty. (1) It is a misdemeanor for any a person to violate any of the provisions a provision of this chapter unless the violation is declared to be a felony.

(2)  A person convicted of a misdemeanor for a violation of any of the provisions of this chapter for which another penalty is not provided shall for a first conviction be punished by a fine of not less than $10 $25 or more than $100. For a second conviction within 1 year, the person shall be punished by a fine of not less than $25 $50 or more than $200. Upon a third or subsequent conviction within 1 year after the first conviction, the person shall be punished by a fine of not less than $50 $100 or more than $500.

(3)  Except as provided in subsection (4), failure to pay a fine imposed under this chapter is a civil contempt of the court. On failure of payment of a fine, the court may:

(a)  order enforcement of the fine by execution in the manner provided in 25-13-204 and under the provisions of Title 25, chapter 13; or

(b)  if the court finds that the person is unable to pay, order the person to perform community service.

(4)  If property is not found in an amount necessary to satisfy the unpaid portion of the fine and if the court makes a written finding that community service is inappropriate, the person shall be imprisoned in the county jail in the county in which the offense has been committed. The imprisonment shall be the number of days that the fine is divisible by the dollar amount of the incarceration credit contained in 46-18-403.

(5)  Upon conviction, the court costs or any a part of the court costs may be assessed against the defendant in the discretion of the court."



Section 46.  Section 61-9-512, MCA, is amended to read:

"61-9-512.   Violation of rules -- penalty. (1) Any A violation of any rules a rule adopted by the department is a misdemeanor.

(2)  A person convicted of a violation of any a standard adopted pursuant to 44-1-1005 shall be fined not less than $25 $50 or more than $500 for the first offense and not less than $25 $100 or more than $1,000 for each subsequent offense.

(3)  The penalties provided in subsection (2) apply to any a motor carrier that is a corporation or other business entity subject to the standards adopted pursuant to 44-1-1005. The penalties may be imposed against:

(a)  a director or officer of the corporation entity;

(b)  any a receiver, trustee, lessee, agent, or person acting for or employed by the corporation entity; or

(c)  any a broker of property or officer, agent, or employee thereof of the broker."



Section 47.  Section 61-9-515, MCA, is amended to read:

"61-9-515.   Violations of provisions relating to fenders, splash aprons, or flaps -- penalty. Any A person violating any of the provisions of 61-9-407 is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $10 $25 or more than $25 $50."



Section 48.  Section 61-9-517, MCA, is amended to read:

"61-9-517.   Violation of towing requirements -- penalty. Any A person violating any of the provisions of 61-9-416 shall be deemed is guilty of a misdemeanor and subject to a penalty not to exceed $100 $500."



Section 49.  Section 61-9-518, MCA, is amended to read:

"61-9-518.   Violation of motorcycle or quadricycle requirements -- penalty. (1) A person convicted of the violation of 61-9-417 shall be fined $5.

(2)  A person An operator convicted of the a violation of 61-9-417 or 61-9-418 shall be punished by a fine of not less than $10 $25 or more than $100 for the first conviction. For a second conviction within 1 year, the person shall be punished by a fine of not less than $25 $50 or more than $200. Upon a third or subsequent conviction within 1 year after the first conviction, the person shall be punished by a fine of not less than $50 $100 or more than $500."



SECTION 41.  SECTION 61-9-516, MCA, IS AMENDED TO READ:

"61-9-516.   Penalty for seatbelt violations. Any person who shall violate any of violates the provisions of 61-9-409 and 61-9-410 shall be is guilty of a misdemeanor and upon conviction shall be fined not to exceed $100."



NEW SECTION. Section 42.  Repealer. Section SECTIONS 61-9-224 AND 61-9-410, MCA, is ARE repealed.



NEW SECTION. Section 43.  Codification instruction. [Sections SECTION 43 42 and 44 40] are IS intended to be codified as an integral part of Title 61, chapter 9, part 4, and the provisions of Title 61, chapter 9, part 4, apply to [sections SECTION 43 42 and 44 40].

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