Montana Code Annotated 2023



Part 2. Enforcement by Department of Transportation Personnel

Appointment Of Employees And Out-Of-State Personnel As Peace Officers -- Definition

61-12-201. Appointment of employees and out-of-state personnel as peace officers -- definition. (1) The director of transportation may appoint employees of the department as peace officers to carry out this part. The employees appointed may include only those employees of the department who are employed in the administration of the motor carrier services functions of the department and employees of other states. Out-of-state personnel may be appointed only for the purpose of enforcing gross vehicle weight laws at joint weigh station facilities. Each employee appointed must be issued a certificate of appointment and execute an oath of office, which must be entered into the records of the department.

(2) The department may enter into joint weigh station agreements with other states. If the department enters into a joint weigh station agreement with another state, the department may not reduce staff levels in the motor carrier services division of the department as a result of the agreement but may reassign staff. However, this subsection does not apply to a reduction in force for the department as a whole.

(3) As used in this part, "department" means the department of transportation.

History: En. Sec. 1, Ch. 242, L. 1971; amd. Sec. 42, Ch. 316, L. 1974; R.C.M. 1947, 32-1632; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 19, Ch. 575, L. 1993; amd. Sec. 1, Ch. 360, L. 1995; amd. Sec. 256, Ch. 42, L. 1997.