Montana Code 61-6-105. Department to administer law and make rules
61-6-105. Department to administer law and make rules. (1) The department shall administer and enforce the provisions of this part and may make rules necessary for the administration of the system.
Terms Used In Montana Code 61-6-105
- Department: means the department of justice acting directly or through its duly authorized officers or agents. See Montana Code 61-1-101
- License: means a driver's license as defined in 61-1-101. See Montana Code 61-6-102
- 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 each person who holds the legal title to a vehicle. See Montana Code 61-1-101
- Person: means every natural person, firm, partnership, association, or corporation. See Montana Code 61-6-102
- Registration receipt: means a paper record that is produced and issued or, if authorized by the department, an electronic record that is transmitted by the department, its authorized agent, or a county treasurer to the owner of a vehicle that identifies a vehicle, based on information maintained in the electronic record of title for the vehicle, and that provides evidence of the payment of all fees required to be paid for the registration of the vehicle for the registration period indicated in the receipt. See Montana Code 61-1-101
- Suspension: means the withdrawal, by action of the department, of a motor vehicle's registration, as defined in 61-1-101, for a period of time prescribed by department rule. See Montana Code 61-6-102
- System: means the online motor vehicle liability insurance verification system created in 61-6-157. See Montana Code 61-6-102
- 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)The rules must:
(a)establish standards and procedures for accessing the system by authorized personnel of the department, the courts, law enforcement personnel, and any other entities authorized by the department that are consistent with specifications and standards of the insurance industry committee on motor vehicle administration and other applicable industry standards;
(b)determine a schedule for the implementation of the system, subject to the testing requirements in 61-6-157;
(c)provide for the suspension of a vehicle‘s registration when:
(i)a person fails to respond to a written inquiry from the department or its designee concerning the insurance status of a vehicle;
(ii)a person misrepresents or provides false information to the department or its designee regarding the operational status or use of a vehicle for which liability insurance is mandatory;
(iii)the department has reason to believe that a vehicle owner is not complying with the mandatory liability insurance requirements of 61-6-301; or
(iv)the department receives a report from a court that a person has been convicted of a violation of 61-6-301 or 61-6-302 and the surrender of the vehicle registration receipt and license plates under 61-6-304 has been ordered;
(d)prohibit the reinstatement of a vehicle’s registration and the new registration of a vehicle unless the applicable reinstatement fees have been paid;
(e)set a fee for the reinstatement of a vehicle’s registration following a suspension imposed by the department. The fee may not exceed $100 and is in addition to any other fine or penalty prescribed by the law.
(f)provide for periodic insurance data file transfers from insurers under specifications and standards set forth in 61-6-157 to identify vehicles that are not covered by an insurance policy and to monitor ongoing compliance with mandatory vehicle liability insurance requirements;
(g)provide for random checks to identify vehicles that are not covered by an insurance policy or specific checks to determine whether a vehicle that has previously been shown as uninsured is now insured; and
(h)provide for a hearing for a person aggrieved by a suspension order issued by the department under the provisions of this part.
(3)The department may adopt additional rules to:
(a)assist authorized users in interpreting responses received from the system and determining the appropriate action to be taken as a result of a response; and
(b)otherwise clarify system operations and business rules.