Montana Code 61-5-207. Reexamination or medical evaluation — when required
61-5-207. Reexamination or medical evaluation — when required. (1) If the department receives reliable evidence that a licensed driver lacks the ability to exercise ordinary and reasonable control in the safe operation of a motor vehicle on the highway, the department may, upon written notice of at least 5 days to the licensee, require the licensee to obtain a medical evaluation from a licensed physician, licensed physician assistant, or advanced practice registered nurse, as defined in 37-8-102, or submit to one or more tests customarily conducted by the department for licensure under 61-5-110.
Terms Used In Montana Code 61-5-207
- 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- 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
- Suspension: means the temporary withdrawal 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 or be issued a driver's license for a period of time designated by law. 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)Upon the review of a medical evaluation, the conclusion of testing, or both, the department may:
(a)impose restrictions on the license, as provided in 61-5-113, that are appropriate to the licensee’s acknowledged or demonstrated functional abilities;
(b)suspend the license indefinitely based upon a licensee’s inability to exercise ordinary and reasonable control in the safe operation of a motor vehicle on the highway; or
(c)take no action modifying the license or placing restrictions on the licensee.
(3)The age of a licensee, by itself, does not constitute evidence of a condition requiring a reexamination or a medical evaluation.
(4)A suspension under this section continues in effect until evidence satisfactory to the department establishes that the licensee has regained the ability to exercise ordinary and reasonable control in the safe operation of a motor vehicle on a highway.
(5)Refusal or neglect of the licensee to obtain a medical evaluation from a licensed physician, licensed physician assistant, or advanced practice registered nurse or submit to testing as required by the department is grounds for suspension of the person‘s license.