61-5-201. Authority of department to cancel license. (1) The department may cancel a driver‘s license if it has reasonable grounds to believe that:

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Terms Used In Montana Code 61-5-201

  • Commercial motor vehicle: means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the vehicle:

    (i)has a gross combination weight rating or a gross combination weight of 26,001 pounds or more, whichever is greater, inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds;

    (ii)has a gross vehicle weight rating or a gross vehicle weight of 26,001 pounds or more, whichever is greater;

    (iii)is designed to transport at least 16 passengers, including the driver;

    (iv)is a school bus; or

    (v)is of any size and is used in the transportation of hazardous materials. See Montana Code 61-1-101

  • 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
  • Fraud: Intentional deception resulting in injury to another.
  • 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

(a)the licensee was not entitled to the issuance;

(b)since the issuance, the licensee has become ineligible as determined pursuant to the provisions of 61-5-105;

(c)the licensee failed to give the required or correct information in the licensee’s application or committed any fraud in making the application; or

(d)the licensee has applied for another driver’s license or an identification card issued by the department.

(2)Upon cancellation, the licensee shall surrender the canceled license to the department.

(3)A person whose driver’s license is canceled because the person failed to give the required or correct information on the application or committed any fraud in making the application is disqualified from operating a commercial motor vehicle for a period of 60 days from the date of the cancellation.