61-5-133. First year restrictions on driver's license issued to minor. (1) A driver's license issued to a person who is under 18 years of age is subject to the following restrictions for 1 year from the date of issuance of the license or until the person is 18 years of age, whichever occurs first:
(a) A restricted licensee may not operate a motor vehicle, required by 61-9-409 to be equipped with seatbelts, unless each occupant of the motor vehicle is wearing a seatbelt, as defined in 61-13-102, or is properly restrained, as required under 61-9-420. The number of motor vehicle occupants may not exceed the number of seatbelts with which the motor vehicle is equipped.
(b) A restricted licensee may not operate a motor vehicle between the hours of 11 p.m. and 5 a.m. unless the restricted licensee is:
(i) accompanied by a licensed driver who is 18 years of age or older or, if the restricted licensee is operating a motorcycle, the restricted licensee is under the immediate and proximate visual supervision of a licensed driver who is 18 years of age or older and who is riding with the licensee and is operating a separate motorcycle or other motor vehicle;
(ii) driving to the restricted licensee's place of employment from the restricted licensee's residence, is returning to the restricted licensee's residence from the restricted licensee's place of employment, or is driving in the course and scope of employment;
(iii) driving from the restricted licensee's residence to a school-sponsored event at a school attended by the restricted licensee, including any site for school-provided transportation to and from the event, or is returning from the event or site to the restricted licensee's residence;
(iv) driving from the restricted licensee's residence to an event sponsored by a religious organization or is returning from the event to the restricted licensee's residence;
(v) driving for a purpose related to a medical emergency, fire emergency, or law enforcement-related emergency;
(vi) driving for the sole purpose of transporting farm or ranch products, machinery, or supplies within 150 miles of a farm or ranch headquarters;
(vii) an emancipated minor; or
(viii) driving under a specific authorization for a specific purpose from the restricted licensee's parent or legal guardian. A peace officer may verify the authorization by contacting the parent or legal guardian.
(c) (i) For the first 6 months of the 1-year restriction period, a restricted licensee may not operate a motor vehicle with more than one passenger who is under 18 years of age unless:
(A) the restricted licensee is supervised by a licensed driver who is at least 18 years of age; or
(B) the additional passengers under 18 years of age are members of the restricted licensee's family.
(ii) For the second 6 months of the 1-year restriction period, a restricted licensee may not operate a motor vehicle with more than three passengers who are under 18 years of age unless:
(A) the restricted licensee is supervised by a licensed driver who is at least 18 years of age; or
(B) the additional passengers under 18 years of age are members of the licensee's family.
(iii) For the first 6 months of the 1-year restriction period, a restricted licensee may not operate a motorcycle with a passenger who is under 18 years of age.
(2) For purposes of this section, the term "restricted licensee" includes a person under 18 years of age who holds a motorcycle-only endorsement issued by the department and the term "motor vehicle" includes a motorcycle, except when otherwise noted.
History: En. Sec. 3, Ch. 297, L. 2005.
Structure Montana Code Annotated
61-5-101. Driver licensing responsibilities of department
61-5-102. Drivers to be licensed -- penalty
61-5-103. Residency requirement
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
61-5-112. Reciprocal agreements
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
61-5-120. Medical assessment and rehabilitation driving permit
61-5-122. Low-speed restricted driver's license
61-5-126. Providing information to selective service system
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
61-5-132. Prerequisites for issuance of driver's license to minor
61-5-133. First year restrictions on driver's license issued to minor
61-5-135. Education on distracted driving
61-5-136. through 61-5-140 reserved
61-5-142. through 61-5-145 reserved
61-5-147. Authority to revoke or remove hazardous materials endorsement