Montana Code 61-11-204. Department’s duties
61-11-204. Department’s duties. (1) If the records maintained by the department show that a person‘s driving record brings the person within the definition of a habitual traffic offender, the department shall:
Terms Used In Montana Code 61-11-204
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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
- Habitual traffic offender: means any person who within a 3-year period accumulates 30 or more conviction points according to the schedule specified in subsection (2). See Montana Code 61-11-203
- License: means any type of license or permit to operate a motor vehicle. See Montana Code 61-11-203
- 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
- Revocation: means the termination by action of the department of a person's driver's license, privilege to drive a motor vehicle on the public highways, and privilege to apply for and be issued a driver's license for a period of time designated by law, during which the license or privilege may not be renewed, restored, or exercised. See Montana Code 61-1-101
- Traffic: means pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances either singly or together while using any highways for purposes of travel. See Montana Code 61-1-101
- Writing: includes printing. See Montana Code 1-1-203
(a)declare the person a habitual traffic offender;
(b)revoke the person’s driver‘s license or driving privileges as provided in 61-11-211; and
(c)notify the person in writing of the declaration and revocation.
(2)The notice must be sent by first-class mail to the most current address on record with the department. The notice must include a record of the convictions and bond forfeitures upon which the habitual traffic offender designation was based. The notice must inform the person of the right under 61-11-210 to appeal the declaration and revocation. Service of the notice is complete upon mailing.