Montana Code 61-5-116. License to be carried and exhibited on demand
61-5-116. License to be carried and exhibited on demand. (1) A licensee must have the licensee’s driver‘s license in the licensee’s immediate possession at all times when operating a motor vehicle and shall display the license upon demand of a justice of the peace, a city or municipal judge, a peace officer, a highway patrol officer, or a field deputy or inspector of the department. However, a person charged with violating this section may not be convicted if the person produces in court or the office of the arresting officer a driver’s license issued to the person and valid at the time of the person’s arrest.
Terms Used In Montana Code 61-5-116
- Arrest: Taking physical custody of a person by lawful authority.
- Department: means the department of justice acting directly or through its duly authorized officers or agents. See Montana Code 61-1-101
- Driver: means a person who drives or is in actual physical control of a vehicle. See Montana Code 61-1-101
- Highway patrol officer: means a state officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. See Montana Code 61-1-101
- Motor vehicle: means :
(i)a vehicle propelled by its own power and designed or used to transport persons or property on the highways of the state;
(ii)a quadricycle if it is equipped for use on the highways as prescribed in chapter 9; or
(iii)a golf cart only if it is equipped for use on the highways as prescribed in chapter 9 and is operated pursuant to 61-8-391 or by a person with a low-speed restricted driver's license. See Montana Code 61-1-101
- Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
- person: means an individual, corporation, partnership, limited partnership, limited liability company, association, joint venture, state agency, local government unit, another state government, the United States, a political subdivision of this or another state, or any other legal or commercial entity. See Montana Code 61-1-101
- Vehicle: means a device in, on, or by which any person or property may be transported or drawn on a public highway, except devices moved by animal power or used exclusively on stationary rails or tracks. See Montana Code 61-1-101
(2)(a) Beginning September 1, 2025, a licensee may meet the requirements of subsection (1) by having a digital or hard copy version of the licensee’s driver’s license in the licensee’s immediate possession at all times when operating a motor vehicle and displaying the license upon demand.
(b)Only a digital or hard copy version of the licensee’s driver’s license issued and authorized by the department is sufficient to meet the requirements of this section.