Montana Code 61-8-101. Application — exceptions
61-8-101. Application — exceptions. (1) As used in this chapter, “ways of this state open to the public” means any highway, road, alley, lane, parking area, or other public or private place adapted and fitted for public travel that is in common use by the public.
Terms Used In Montana Code 61-8-101
- Highway: has the meaning provided in 61-1-101, but includes ways that have been or are later dedicated to public use. See Montana Code 61-8-102
- public highway: means the entire width between the boundary lines of every publicly maintained way when any part of the publicly maintained way is open to the use of the public for purposes of vehicular travel. See Montana Code 61-1-101
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Under the influence: has the meaning provided in 61-8-1001. 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
- ways of this state open to the public: means any highway, road, alley, lane, parking area, or other public or private place adapted and fitted for public travel that is in common use by the public. See Montana Code 61-8-101
(2)The provisions of this chapter relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except:
(a)where a different place is specifically referred to in a given section;
(b)the provisions of 61-8-301 and 61-8-1002(1) and (2), with regard to operating a vehicle while under the influence of drugs, apply anywhere within this state;
(c)the provisions of 61-8-301 and 61-8-1002, except under the influence of a dangerous drug and 61-8-1002(2), with regard to operating a vehicle while under the influence of alcohol, apply upon all ways of this state open to the public.
(3)The operation of motor vehicles directly across the public roads and highways of this state, especially as required in the transportation of natural resource products, including agricultural products and livestock, shall not be considered to be the operation of such vehicles on the public roads and highways of this state or on ways of this state open to the public, provided that such crossings are adequately marked with warning signs or devices. Such crossings are subject to provisions relating to stopping before entry and to restoration of any damage as may reasonably be prescribed by the state or local agency in control of safety of operation of the public highway involved.