Mont. Admin. r. 23.3.202

Current through Register Vol. 23, December 6, 2024

Rule 23.3.202 - DRIVER REHABILITATION POINT SYSTEM

(1) The following point values are established for Driver Rehabilitation Program purposes, and discretionary actions pursuant to section 61-5-206(1) (b) are specified:

VIOLATION CODE	DRIVER REHABILITATION POINTS	DESCRIPTION OF OFFENSE
0020	12	Negligent homicide
1170 9014	6	Driving while privilege to do so is suspended or revoked
1140	2	Operating with foreign driver's license when privilege suspended or revoked by the state.
5110	10	Driving while under the influence of intoxicating liquor (being in actual physical control)
5111	10	Driving while under the influence of any drug (narcotic or other)
4000	8	Failure to stop immediately at accident scene where person injured
4001	8	Failure to remain at accident scene where person injured
4002	8	Failure to stop immediately at scene where person killed
4003	8	Failure to remain at scene of accident where person killed
4022	8	Failure to render reasonable assistance to injured
4020	4	Failure to identify self and vehicle when involved in an accident.
4060	4	Failure to submit written report of accident within 10 days
5130	5	Holding a race or speed contest on highway without written permission of proper authority (state, county, or city)
4050	4	Fail to give notice of accident by quickest means
5131	5	Engaging in race or speed contest on public highway without written permission of proper authority
5133	5	Holding (engaging in, aiding, or abetting) a speed contest, the roadway of which is not fully and efficiently patrolled
5134	2	Careless driving
5120	5	Reckless driving
5121	5	Eluding police officers
4010	4	Failure to stop immediately at property damage accident scene
4011	4	Failure to remain at property damage accident scene
5141	3	Speeding: restricted speed zone
5142	3	Speeding: 25 miles per hour, urban district
5140	2	Speed restrictions (Basic Rule) : Failure to drive in careful and prudent manner (driving at speed that is greater than is reasonable and proper under existing conditions at point of operating; driving at speed that would unduly or unreasonably endanger life, limb, property or other rights of persons using highways; driving at speeds that fail to take into account amount and character of traffic, conditions of brakes, weight of vehicle, etc.)
5143	3	Speeding: 35 miles per hour, construction zone
5144	3	Speeding: 55 miles per hour night limit
5145	3	Speeding: 65 miles per hour night limit on interstate
5146	3	Failure to reduce speed when approaching intersection, railroad crossing, etc.
5147	3	Speeding: 55 miles per hour night limit (trucks)
5150	3	Speeding: speed limit established by Motor Vehicles Division
5160	3	Speeding: restricted speed limit established by local authorities
5171	3	Failure to pull over when operating slow moving vehicle obstructing traffic
5180	3	Speeding: 60 miles per hour truck limit
5181	3	Speeding: motor-driven cycle night speed
5182	3	Speeding: 50 miles per hour speed when towing trailer house
5183	3	Speeding: 65 miles per hour truck speed on interstate
5190	3	Speeding: posted speed over elevated structure
1006	2	Operating with foreign driver's license beyond 90 day grace period
1010	2	Violation of privilege granted drivers of government vehicles
1011	2	Violation of privilege granted drivers of road machinery, farm implements and tractors
1020	2	Violation of restrictions on chauffeur's license
1030	2	Violation of restrictions on instruction permit
1031	2	Violation in use of temporary driver's permit
1032	2	Failure to have temporary driver's permit in possession
1070	2	Operating in violation of restrictions imposed on driver's license
1110	2	Violation of restrictions imposed on probationary driver's license
1250	2	Failure of person to subject self to traffic control at roadblock
2070	2	Exceeding the 102-inch width limit
2079	2	Towing more than one vehicle in combination
2080	2	Drawing more than two motor vehicles by saddlemount method
2081	2	Towing more than one trailer with vehicle rated less than 2000 pounds (manufacturer's rated capacity)
2111	2	Failure to follow directions and requirements of special permit
4199	2	Sidewalk (driving on)
5010	2	Reckless or unsafe operation of authorized emergency vehicle
5050	2	Failure to obey instructions of traffic control devices
5222	2	Increasing speed when being overtaken
5230	2	Passing on right when prohibited
5240	2	Improper passing -- highway ahead obstructed
5250	2	Improper passing - approaching crest of grade (hill) or curve
5251	2	Improper passing - approaching intersection
5252	2	Improper passing - approaching within 100 feet of bridge, tunnel or viaduct when view obstructed
5260	2	Improper passing - in no passing zone
5270	2	Pass to left of rotary traffic island
5271	2	Travel wrong direction on one-way street or highway
5280	2	Change lane when unsafe to do so
5281	2	Improper use of center lane of three lane roadway
5282	2	Failure to use designated lane when operating slow-moving vehicles
5290	2	Following too closely - reasonable and prudent
5291	2	Following too closely - insufficient space between vehicles or combinations
5300	2	Driving on other than right-hand roadway of divided highway
5301	2	Driving over, across, or within dividing space or barrier of divided highway
5310	2	Illegal entrance or exit to restricted access highway
5320	2	Violations of limitations put on restricted access highway
5330	2	Making right turn from improper lane
5331	2	Improper approach to intersections when making right turn
5332	2	Making left turn from improper lane
5333	2	Improper approach to intersection when making left turn
5334	2	Disobedience to signs and markers indicating direction to turn
5340	2	Improper turn - crest of grade or on curve
5350	2	Improper starting - failure to start vehicle in safety
5360	2	Improper turn - not in required position
5361	2	Turning when unsafe to do so
5362	2	Turning without giving proper signal
5363	2	Stopping or slowing without giving appropriate signal
5370	2	Failure to have vehicle equipped with signal lamps when required
5380	2	Right of way violation - failure to yield to vehicle on right at intersection
5390	2	Right of way violation - failure to yield to hazardous traffic when making left turn
5391	2	Right of way violation - failure of approaching drivers to yield to vehicle making left turn
5400	2	Right of way violation - failure to yield to vehicle on through highway
5401	2	Right of way violation - failure to yield to vehicle entering or crossing highway
5410	2	Right of way violation - failure to yield when entering highway from private road or drive
5411	2	Right of way violation - failure to yield when entering highway from public approach ramp
5420	2	Right of way violation - failure to obey requirements of yield sign
5060	2	Failure to yield right of way to vehicle when obeying green go traffic signal
5061	2	Failure to yield right of way to pedestrian when obeying green go traffic signal
5062	2	Failure to reduce speed when approaching yellow (caution) traffic signal
5063	2	Failure to obey red (stop) traffic signal
5064	2	Failure to yield right of way to pedestrians or other traffic in intersections when obeying green arrow traffic signal
5080	2	Flashing signal violation (red) Flashing signal violation (yellow)
5170	2	Obstructing traffic, under minimum reasonable speed, after being warned
5200	2	Failure to drive to right of roadway except when passing
5210	2	Failure to give approaching vehicle half of roadway
5220	2	Improper passing - crowding overtaken vehicle
5221	2	Failure to yield to overtaking vehicle
5430	2	Right of way violation - failure to yield to authorized emergency vehicle
5431	2	Operator of authorized emergency vehicle - failure to drive with due regard to safety of others
5450	2	Right of way violation - failure to yield to pedestrian
5452	2	Overtaking vehicle stopped at crosswalk
5453	2	Right of way violation - failure to yield to school children or school safety patrol
5470	2	Failure to exercise due care when observing pedestrian
5570	2	Disobedience to signals indicating approach of railroad train
5580	2	Failure to stop at railroad crossing when stop sign erected
5590	2	Failure to stop at railroad crossing when carrying passengers for hire
5591	2	Failure to stop at railroad crossing when driving school bus
5592	2	Failure to stop at railroad crossing when carrying explosives
5593	2	Failure to stop at railroad crossing when carrying flammable liquids
5610	2	Stop sign violation
5620	2	Stop violation - emerging from alley, garage or driveway
5630	2	Failure to stop for school bus stopped (loading or unloading school children)
5631	2	Failure to slow for school bus preparing to stop (flashing amber lights for school children)
5633	2	School bus failing to activate flashing amber lights before stopping to receive or discharge school children
5640	2	Unlawful use of flashing lights on bus (amber or red)
5690	2	Interfering with traffic while backing
5700	2	More than one on one-seated motorcycle
5702	2	Carrying passenger on motorcycle which interferes with driver's operation
5703	2	Carrying package, etc., which interferes with operation of motorcycle
5704	2	Riding motorcycle side-saddle
5705	2	Operating motorcycle on public highway or street without lights
5706	2	Operating more than two motorcycles abreast in traffic lane
5707	2	Failure to comply with duties applicable to motorcycle operators
5720	2	Failure to keep vehicle under control on mountain highways
5721	2	Failure to drive to extreme right side of road in canyons (defiles, mountains)
5730	2	Allowing vehicle to coast downgrade
5740	2	Following fire apparatus
5750	2	Crossing fire hose
5852	2	Failure of driver to take required precautions upon approaching the blind
7000	2	Operating a motor vehicle in unsafe condition without proper lights and equipment
7010	2	Failure to have lamps lighted when required
7020	2	Failure to have two headlamps properly operating on motor vehicle
7021	2	Failure to have proper headlamps on motorcycle
7030	2	Failure to have vehicle equipped with one or two tail lamps as required
7051	2	Operating motor vehicle not equipped with stop lamp
7063	2	Failure to have bus or truck properly equipped with stop lamps
7068	2	Failure to have safety chain when required on trailer
7110	2	Failure to display lamp or flag on projecting load
7141	2	Failure to have proper emblem on slow-moving vehicle when required
7143	2	Failure of driver of slow-moving vehicle to pull off roadway as required
7160	2	Emergency vehicle - no audible signal
7163	2	Fail to proceed with caution past an alternately flashing or rotating red or blue light, at a speed that is reasonable and proper under the conditions existing at the point of operation (failure to stop for emergency lights.)
7164	2	Fail to stop for an alternately flashing or rotating red or blue light at point of operation (fail to stop for emergency lights).
7200	2	Failure to dim within 1000 feet of oncoming traffic
7201	2	Failure to dim within 300 feet when approaching vehicle from rear
7231	2	Displaying unauthorized red light
7240	2	Violation in use of red blinker light authorization for fireman's private car
7261	2	Inadequate or defective service brakes
7263	2	Fail to have automatic breakaway brakes on trailer which exceeds 3000 pounds G.V.W.
7268	2	Insufficient or inadequate reservoir for air or vacuum brakes
7280	2	Defective brakes - motor-driven cycle
7291	2	Failure to sound horn to ensure safe operation
7310	2	Failure to have rear view mirror
7311	2	Defective rear-view mirror
7320	2	Obstructed windshield
7321	2	Defective windshield wipers
7502	2	Moving defective vehicle beyond specified limits
7603	2	Fail to identify disabled vehicle with proper equipment while towing
0012	2	Transporting passengers in vehicle carrying explosives

(2) A 6 month suspension results from the accumulation of 15 or more points in a 36 month period.

(3) The following actions resulting from the accumulation of 6 or more points in an 18 month period may be taken:

(a) the licenseee may be required to attend a counseling session or re-take the driving examination or both.

(b) Failure to comply with the requirements of 3(a) will result in a three month suspension.

Mont. Admin. r. 23.3.202

IMP, 61-5-201 et seq. and 61-2-302(2) MCA, Eff. 12/31/72; AMD, Eff. 8/4/75; AMD, Eff. 12/5/76; AMD, 1980 MAR p. 576, Eff. 10/31/80; AMD, 1982 p. 601, Eff. 3/26/82; AMD, 1983 MAR p. 350, Eff. 4/28/83.

Sec. 44-1-103 and 61-2-302(1) MCA;