UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
BILL NO.
INTRODUCED BY
(Primary Sponsor)
A BILL FOR AN ACT ENTITLED: "AN ACT RAISING THE MINIMUM AGE FOR A DRIVER'S LICENSE TO 16; RAISING THE MINIMUM AGE FOR A TRAFFIC EDUCATION LEARNER LICENSE TO 15 1/2; AND AMENDING SECTIONS 20-7-503, 61-5-105, AND 61-5-106, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 20-7-503, MCA, is amended to read:
"20-7-503. District establishment of traffic education program. The trustees of any district operating a junior
high school or high school may establish and maintain a traffic education course. The traffic education course shall must
be:
(1) for students who are 15 16 years old or older or will have reached their 15th 16th birthday within 6 months of
the course completion;
(2) taught by a teacher of traffic education;
(3) conducted in accordance with the basic course requirements established by the superintendent of public instruction; and
(4) taught during regular school hours, after regular school hours, on Saturdays, or as a summer school course, at the option of the trustees."
Section 2. 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 or revoked in this or any state;
(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; or
(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 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."
Section 3. Section 61-5-106, MCA, is amended to read:
"61-5-106. Instruction permits -- traffic education learner licenses and permits -- temporary licenses. (1) The department may issue an instruction permit to a person satisfying the age requirements specified in 61-5-105(1) after the applicant has successfully passed the knowledge test and the vision examination as provided in 61-5-110. An instruction permit entitles the permittee, while in immediate possession of the permit and accompanied by a licensed driver seated beside the permittee, to drive a motor vehicle upon the public highways for a period of 6 months from the date the fees required in 61-5-111 are paid.
(2) The department may issue a traffic education learner license to any person who is at least 14 1/2 15 1/2 years of
age and who has successfully completed or is successfully participating in a traffic education course approved by the
department and the superintendent of public instruction. A traffic education learner license entitles the licensee to
operate a motor vehicle only when accompanied by an approved instructor or licensed parent or guardian and may be
restricted to specific times or areas.
(3) (a) An instructor of a traffic education program approved by the department and by the superintendent of public instruction may issue a traffic education permit that is effective for a school year or more restricted period to an applicant who is enrolled in a traffic education program approved by the department and who meets the age requirements specified in 20-7-503.
(b) When in immediate possession of the traffic education permit, the permittee may operate on a designated highway or within a designated area:
(i) a motor vehicle when an approved instructor is seated beside the permittee; or
(ii) a motorcycle or quadricycle when under the immediate and proximate supervision of an approved instructor.
(4) The department may in its discretion issue a temporary driver's permit to an applicant for a driver's license permitting the applicant to operate a motor vehicle while the department is completing its investigation and determination of all facts relative to the applicant's right to receive a driver's license. The temporary driver's permit must be in the permittee's immediate possession while operating a motor vehicle, and it is invalid when the applicant's license has been issued or for good cause has been refused.
(5) The department may in its discretion issue a temporary commercial driver's license to an applicant permitting the applicant to operate a commercial motor vehicle while the department is completing its investigation and determination of all facts relative to the applicant's right to receive a commercial driver's license. The temporary license must be in the applicant's immediate possession while operating a commercial motor vehicle and is invalid when the applicant's license has been issued or for good cause has been refused."
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Latest Version of LC 452 (LC0452.01)
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Status of this Bill
| 1999 Session | Leg. Branch HomePrepared by Montana Legislative Services
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