2007 Montana Legislature

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HOUSE BILL NO. 496

INTRODUCED BY J. FRENCH, FRANKLIN, HENRY, WANZENRIED


AN ACT ALLOWING ADVANCED PRACTICE REGISTERED NURSES OR LICENSED PHYSICIAN ASSISTANTS TO COMPLETE MEDICAL EXAMS REQUIRED BY TRAFFIC LAWS; AND AMENDING SECTIONS 61-5-105, 61-5-111, 61-5-120, 61-5-207, 61-9-428, AND 61-13-103, MCA.

 

AN ACT ALLOWING ADVANCED PRACTICE REGISTERED NURSES OR LICENSED PHYSICIAN ASSISTANTS TO COMPLETE MEDICAL EXAMS REQUIRED BY TRAFFIC LAWS; AND AMENDING SECTIONS 61-5-105, 61-5-111, 61-5-120, 61-5-207, 61-9-428, AND 61-13-103, MCA.

 

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

 

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

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

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

     (a)  the person is at least 15 years of age 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, revoked, or canceled or who is disqualified from operating a commercial motor vehicle in this or any state, as evidenced by an ineligible status report from the national driver register, established under 49 U.S.C. 30302, or from the commercial driver's license information system, established under 49 U.S.C. 31309;

     (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;

     (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, licensed physician assistant, or advanced practice registered nurse, as defined in 37-8-102, 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;

     (8)  who lacks the functional ability, due to a physical or mental disability or limitation, to safely operate a motor vehicle on the highway;

     (9)  who is not a resident of or domiciled in Montana except as provided in 61-5-103(3); or

     (10) who does not submit proof satisfactory to the department that the applicant's presence in the United States is authorized under federal law. The department may not accept as a primary source of identification a driver's license issued by a state if the state does not require that a driver licensed in that state be lawfully present in the United States under federal law."

 

     Section 2.  Section 61-5-111, MCA, is amended to read:

     "61-5-111.  Contents of driver's license, renewal, renewal by mail, license expirations, grace period, and fees for licenses, permits, and endorsements -- notice of expiration. (1) (a) The department may appoint county treasurers and other qualified officers to act as its agents for the sale of driver's license receipts. The department shall adopt 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 appoint an agent to sell receipts.

     (b)  The department may enter into an authorized agent agreement with the county treasurer of any county in which the department no longer maintains a driver examination station for the purpose of providing driver's license renewal services.

     (2)  (a) 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:

     (i)  a full-face photograph of the licensee in the size and form prescribed by the department;

     (ii) a distinguishing number issued to the licensee;

     (iii) the full legal name, date of birth, Montana mailing address, and a brief description of the licensee; and

     (iv) either the licensee's customary signature or a digital reproduction of the licensee's customary signature.

     (b)  The department may not use the licensee's social security number as the distinguishing number unless the licensee expressly authorizes the use. A license is not valid until it is signed by the licensee.

     (3)  (a) When a person applies for renewal of a driver's license, the department shall conduct a records check in accordance with 61-5-110(1) to determine the applicant's eligibility status and shall test the applicant's eyesight. The department may also require the applicant to submit to a knowledge and road or 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 shall, if the information was not provided in a prior licensing cycle, require the renewal applicant to provide the name of each jurisdiction in which the applicant was previously licensed to drive any type of motor vehicle during the 10-year period immediately preceding the date of the renewal application and 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) Except as provided in subsections (3)(d)(iv) through (3)(d)(vi), 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. A person may not renew by mail for a subsequent license term after a mail renewal, except that a spouse or dependent of a person stationed outside Montana on active military duty may renew a driver's license by mail for one additional consecutive term following a mail renewal.

     (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, licensed physician assistant, or advanced practice registered nurse, as defined in 37-8-102, 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) Except as provided in subsections (4)(b) and (4)(c), the term of a license renewed by mail is 8 years.

     (v)  The department may not renew a license by mail if:

     (A)  the records check conducted in accordance with 61-5-110(1) shows an ineligible license status for the applicant; or

     (B)  the applicant holds a commercial driver's license with a hazardous materials endorsement, the retention of which requires additional testing and a security threat assessment under 49 CFR, part 1572.

     (vi) If a license was issued to a foreign national whose presence in the United States is temporarily authorized under federal law, the license may not be renewed by mail.

     (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 driver's license. Except as provided in 61-3-119 and 61-5-115, the department shall mail the notice to the Montana mailing address shown on the driver's license.

     (4)  (a) Except as provided in subsections (4)(b) through (4)(e), 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.

     (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.

     (d)  (i) Except as provided in subsection (4)(d)(ii), a commercial driver's license expires on the anniversary of the licensee's birthday 5 years or less after the date of issue.

     (ii) When a person obtains a Montana commercial driver's license with a hazardous materials endorsement after surrendering a comparable commercial driver's license with a hazardous materials endorsement from another licensing jurisdiction, the license expires on the anniversary of the licensee's birthday 5 years or less after the date of the issue of the surrendered license if, as reported in the commercial driver's license information system, a security threat assessment was performed on the person as a condition of issuance of the surrendered license.

     (e)  A license issued to a person who is a foreign national whose presence in the United States is temporarily authorized under federal law expires, as determined by the department, no later than the expiration date of the official document issued to the person by the bureau of citizenship and immigration services of the department of homeland security authorizing the person's presence in the United States.

     (5)  When the department issues a driver's license to a person under 18 years of age, the license must be clearly marked with a notation that conveys the restrictions imposed under 61-5-133.

     (6)  (a) Upon application for a driver's license or commercial driver's license and any combination of the specified endorsements, the following fees must be paid:

     (i)  driver's license, except a commercial driver's license -- $5 a year or fraction of a year;

     (ii) motorcycle endorsement -- 50 cents a year or fraction of a year;

     (iii) commercial driver's license:

     (A)  interstate -- $10 a year or fraction of a year; or

     (B)  intrastate -- $8.50 a year or fraction of a year.

     (b)  A renewal notice for either a driver's license or a commercial driver's license is 50 cents."

 

     Section 3.  Section 61-5-120, MCA, is amended to read:

     "61-5-120.  Medical assessment and rehabilitation driving permit. (1) Upon the written request of a licensed physician, licensed physician assistant, or advanced practice registered nurse, as defined in 37-8-102, 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, licensed physician assistant, or advanced practice registered nurse certifies that the permitholder needs additional time to complete the driver assessment, rehabilitation, and training process."

 

     Section 4.  Section 61-5-207, MCA, is amended to read:

     "61-5-207.  Reexamination or medical evaluation -- when required. (1) If the department 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 obtain a medical evaluation from a licensed physician, licensed physician assistant, or advanced practice registered nurse, as defined in 37-8-102, 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 testing, or both, the department 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, licensed physician assistant, or advanced practice registered nurse or submit to testing as required by the department is grounds for suspension of the person's license."

 

     Section 5.  Section 61-9-428, MCA, is amended to read:

     "61-9-428.  Window tinting and sunscreening -- waiver -- conditions. The highway patrol or a local law enforcement agency may grant a waiver of the standards of 61-9-405(4) for reasons of safety or security or for medical reasons based on an affidavit signed by a licensed physician, licensed physician assistant, or advanced practice registered nurse, as defined in 37-8-102. The waiver must be in writing and must include the vehicle identification number, registration number, or other description to clearly identify the motor vehicle to which the waiver applies and the date issued, the name of the owner of the vehicle, the reason for granting the waiver, the dates the waiver is effective, and the signature of the law enforcement officer granting the waiver. The highway patrol or the local law enforcement agency shall keep a copy of the waiver until the waiver expires."

 

     Section 6.  Section 61-13-103, MCA, is amended to read:

     "61-13-103.  Seatbelt use required -- exceptions. (1) A driver may not operate a motor vehicle upon a highway of the state of Montana unless each occupant of a designated seating position is wearing a properly adjusted and fastened seatbelt or, if 61-9-420 applies, is properly restrained in a child safety restraint.

     (2)  The provisions of this section do not apply to:

     (a)  an occupant of a motor vehicle who possesses a written statement from a licensed physician, licensed physician assistant, or advanced practice registered nurse, as defined in 37-8-102, that the occupant is unable to wear a seatbelt for medical reasons;

     (b)  an occupant of a motor vehicle in which all seatbelts are being used by other occupants;

     (c)  an operator of a motorcycle or a motor-driven cycle;

     (d)  an occupant of a vehicle licensed as special mobile equipment; or

     (e)  an occupant who makes frequent stops with a motor vehicle during official job duties and who may be exempted by the department.

     (3)  The department may adopt rules to implement subsection (2)(e).

     (4)  The department or its agent may not require a driver who may be in violation of this section to stop except upon reasonable cause to believe that the driver has violated another traffic regulation or that the driver's vehicle is unsafe or not equipped as required by law."

- END -

 


Latest Version of HB 496 (HB0496.ENR)
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