Montana Code Annotated
Part 1. Licensing Provisions
61-5-132. Prerequisites for issuance of driver's license to minor

61-5-132. Prerequisites for issuance of driver's license to minor. (1) The department may issue a driver's license, subject to the restrictions of 61-5-133, to a person under 18 years of age if the person:
(a) has held a learner license or traffic education permit for a period of not less than 6 months;
(b) has passed a road test or a skills test, as provided in 61-5-110;
(c) (i) has successfully completed a traditional traffic education course approved pursuant to 20-7-503(1) and presents written certification from the person's parent or legal guardian, or if none is available, a responsible adult with knowledge of the person's driving experience, that states that the person has had at least 50 hours of driving experience, 10 of which were at night, during which the person was supervised by a parent, a legal guardian, or a person at least 18 years of age, with the consent of the parent or legal guardian, who had a valid driver's license; or
(ii) has successfully completed an alternative traffic education course approved by the department of justice and presents written certification from the person's parent or legal guardian that states the person has had at least 75 hours of driving experience, 15 of which were at night, during which the person was supervised by a parent, legal guardian, or a person at least 18 years of age, with the consent of the parent or legal guardian, who had a valid driver's license; and
(d) presents written certification from the person's parent or legal guardian, or if none is available, a responsible adult with knowledge of the person's legal history, that states that, during the 6-month period immediately preceding application for a driver's license, the person has not been convicted of a traffic violation or convicted of or adjudicated for an offense involving the use of alcohol or drugs and the person has no pending traffic, alcohol, or drug citations.
(2) If a parent or a legal guardian, or if none is available, a responsible adult with knowledge of the person's legal history, for a person under 18 years of age cannot certify that the person has a 6-month conviction-free record for traffic, alcohol, and drug violations and no pending traffic, alcohol, or drug citations, the department may extend the person's learner license for an additional 1-year period or until the person's 18th birthday, whichever occurs first.
(3) (a) The requirements of subsections (1)(a) through (1)(c) do not apply to a person under 18 years of age who has been licensed in another state for at least 6 months and surrenders a valid driver's license from that state.
(b) The requirements of subsection (1)(c) do not apply to a person under 18 years of age who, at the time of application for a driver's license, is an enrollee of a job corps program located in Montana. The department may require the applicant to provide current documentation of the applicant's job corps program enrollment status.
History: En. Sec. 2, Ch. 297, L. 2005; amd. Sec. 20, Ch. 323, L. 2017; amd. Sec. 4, Ch. 450, L. 2021; amd. Sec. 3, Ch. 570, L. 2021.

Structure Montana Code Annotated

Montana Code Annotated

Title 61. Motor Vehicles

Chapter 5. Driver's Licenses

Part 1. Licensing Provisions

61-5-101. Driver licensing responsibilities of department

61-5-102. Drivers to be licensed -- penalty

61-5-103. Residency requirement

61-5-104. Exemptions

61-5-105. Who may not be licensed

61-5-106. Learner licenses -- traffic education permits -- temporary driver's permits

61-5-107. Application for license or motorcycle endorsement

61-5-108. Application of minors -- imputed liability

61-5-109. Release from liability

61-5-110. Records check of applicants -- examination of applicants -- cooperative driver testing programs -- reciprocal agreement with foreign country

61-5-111. Contents of driver's license, renewal, license expirations, license replacements, grace period, and fees for licenses, permits, and endorsements -- notice of expiration

61-5-112. Reciprocal agreements

61-5-113. Restricted licenses

61-5-114. Replacement license -- veteran designation

61-5-115. Notice of change of address

61-5-116. License to be carried and exhibited on demand

61-5-117. Repealed

61-5-118. Third-party commercial driver testing program -- certification of testing programs and examiners -- fees -- test waiver

61-5-119. Definitions

61-5-120. Medical assessment and rehabilitation driving permit

61-5-121. Disposition of fees

61-5-122. Low-speed restricted driver's license

61-5-123. Waiver of skills test or knowledge test related to military commercial motor vehicles experience

61-5-124. reserved

61-5-125. Repealed

61-5-126. Providing information to selective service system

61-5-127. Providing list of licensed drivers and holders of Montana identification cards for jury selection purposes

61-5-128. Legislative direction to state agency to implement REAL ID Act

61-5-129. REAL ID-compliant driver's license or identification card -- voluntary application

61-5-130. reserved

61-5-131. Purpose

61-5-132. Prerequisites for issuance of driver's license to minor

61-5-133. First year restrictions on driver's license issued to minor

61-5-134. Operation of motor vehicle by minor in violation of restricted first-year license -- penalty

61-5-135. Education on distracted driving

61-5-136. through 61-5-140 reserved

61-5-141. Self-certification of operation status -- medical certificate submission and tracking -- notice of expiration -- downgrade of license

61-5-142. through 61-5-145 reserved

61-5-146. Limitations on issuance of hazardous materials endorsement to commercial driver's license -- security threat assessment

61-5-147. Authority to revoke or remove hazardous materials endorsement

61-5-148. and 61-5-149 reserved

61-5-150. Communication restrictions