Mont. Code § 39-4-102

Current through the 2023 Regular Session

Section 39-4-102 - Drivers and attendants of motor buses

(1) Drivers or attendants of motor buses employed in the state may not be employed for more than 8 hours in any 24-hour period. Drivers or attendants of motor buses must be allowed a rest of at least 12 hours between the completion of their services in any 24-hour period and the beginning of their services in the succeeding 24-hour period. In computing the number of hours of employment made by the provisions of this section, evidence may be introduced showing that part of the time is consumed prior to entry within the state.

(2) The provisions of this section do not apply to drivers or attendants employed by a city, town, county, or political subdivision of a city, town, or county.

(3) The provisions of this section do not apply:

(a) when life is in danger or property is in imminent danger of destruction;

(b) in case of delay because of accident or impassable roads, abnormal road conditions, or snow blockades; or

(c) when mail for the drivers or attendants is delayed.

(4) "Attendant", for the purpose of this section, is defined as any employee engaged for a portion of a day driving or repairing a motor bus and who is required to remain on the vehicle as a relief driver or mechanic for time in excess of the 8-hour period for which the individual is rightly employed.

(5) An employer or supervisor in charge of employees who requires a driver or attendant to labor contrary to the provisions of this section is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $100 or more than $600 or by imprisonment of not less than 30 days or more than 7 months, or both.

(6) All motor bus companies operating lines in this state are liable in damage for all injuries to the person resulting from the violation of the provisions of this section.

§ 39-4-102, MCA

En. Secs. 1, 2, 3, Ch. 76, L. 1935; re-en. Secs. 3069.1, 3069.2, 3069.3, R.C.M. 1935; R.C.M. 1947, 41-1103, 41-1104, 41-1105; amd. Sec. 1, Ch. 126, L. 1979; amd. Sec. 20, Ch. 397, L. 1979; amd. Sec. 1503, Ch. 56, L. 2009.