Montana Code 61-12-1004. Retrieval or use of data — exceptions
61-12-1004. Retrieval or use of data — exceptions. (1) Data from a motor vehicle event data recorder may be retrieved or used without the consent of the owner:
Terms Used In Montana Code 61-12-1004
- Driver: means a person who drives or is in actual physical control of a vehicle. See Montana Code 61-1-101
- Event data recorder: has the meaning provided in 49 C. See Montana Code 61-12-1001
- 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
- Owner: means a person:
(a)in whose name a motor vehicle is registered or titled;
(b)who leases a motor vehicle for at least 3 months;
(c)who is entitled to possession of a motor vehicle as the purchaser under a security agreement; or
(d)who is the attorney-in-fact, conservator, or personal representative for a person described in subsections (2)(a) through (2)(c). See Montana Code 61-12-1001
- subscription: includes the mark of a person who cannot write if the person's name is written near the mark by another person who also signs that person's own name as a witness. See Montana Code 1-1-203
- 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
- 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
- Vehicle identification number: means the number, letters, or combination of numbers and letters assigned by the manufacturer, by the department, or in accordance with the laws of another state or country for the purpose of identifying the motor vehicle or a component part of the motor vehicle. See Montana Code 61-1-101
(a)if a court orders the production of the data pursuant to a valid search warrant;
(b)to facilitate or determine the need for emergency medical care for the driver or passenger of a motor vehicle that is involved in a motor vehicle crash or other emergency, including the retrieval of data from a company that provides subscription services to the owner of a motor vehicle for in-vehicle safety and security communications systems;
(c)by order of the district court provided that the owner has notice and 48 hours to object and request a hearing; or
(d)for the purposes of improving motor vehicle safety, security, or traffic management and provided that the identity of the owner or driver is not disclosed in connection with that retrieved data. For purposes of this subsection (1)(d), the disclosure of the vehicle identification number with the last 6 digits deleted does not constitute disclosure of the identity of the owner or driver.
(2)This part does not apply to data that is stored or transmitted pursuant to a subscription service agreement for the use of a recording device to record a history of where a motor vehicle travels or for the transmission of data to a central communications system.