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Author Topic: Montana Statutes - Definitions  (Read 6587 times)
Errante
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« on: August 28, 2010, 02:46:50 PM »

Montana Statutes
Definitions
All-terrain vehicle (ATV) means a motor vehicle that satisfies all of the following:

(1) As used in this part, "off-highway vehicle" means a self-propelled vehicle used for recreation or cross-country travel on public lands, trails, easements, lakes, rivers, or streams. The term includes but is not limited to motorcycles, quadricycles, dune buggies, amphibious vehicles, air cushion vehicles, and any other means of land transportation deriving motive power from any source other than muscle or wind.
(2)  Off-highway vehicle does not include:
(a)  vehicles designed primarily for travel on, over, or in the water;
(b)  snowmobiles; or
(c)  except as provided in 23-2-804, vehicles otherwise issued a certificate of title and registered under the laws of the state, unless the vehicle is used for off-road recreation on public lands.

(51) (a)  "Quadricycle" means a four-wheeled motor vehicle, designed for on-road or off-road use, having a seat or saddle upon which the operator sits and a motor capable of producing not more than 50 horsepower.

   61-8-359.  Riding on motorcycles. (1) A person operating a motorcycle or quadricycle on public streets or highways may ride only upon the permanent and regular seat attached to the motorcycle or quadricycle. The operator may not carry any other person and another person may not ride on a motorcycle or quadricycle unless the motorcycle or quadricycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons or upon another seat firmly attached to the rear or side of the operator.
   (2)  A passenger may not be carried in a position that will interfere with the operation of the motorcycle or quadricycle or the view of the operator.
   (3)  A person operating a motorcycle or quadricycle may not carry any packages, bundles, or articles that would prevent the operator from keeping both hands on the handlebars or that would interfere with the operation of the vehicle in a safe and prudent manner.
   (4)  A person may ride upon a motorcycle or quadricycle only while sitting astride the seat, facing forward, with one leg on each side of the motorcycle or quadricycle.
   (5)  Except as provided in subsections (5)(a) and (5)(b), motorcycles and quadricycles must be operated with lights on at all times when operated on any public roadway. A motorcycle or quadricycle may be operated without lights from one-half hour before sunrise to one-half hour after sunset if:
   (a)  the motorcycle is registered under 61-3-411 as a collector's item and if persons and vehicles are clearly discernible at a distance of 500 feet; or
   (b)  the motorcycle or quadricycle is being driven to the nearest repair facility for headlamp repair.
   (6)  No more than two motorcycles may be operated side by side in a single traffic lane.
   (7)  All motor vehicles, including motorcycles and quadricycles, are entitled to the full use of a traffic lane, and a vehicle may not be driven or operated in a manner that deprives any other vehicle of the full use of a traffic lane, except that motorcycles may, with the consent of both drivers, be operated no more than two abreast in a single traffic lane.
   (Cool  Every person riding a motorcycle or quadricycle upon a roadway is granted all of the rights and is subject to all of the duties applicable to the driver of a motor vehicle except for those provisions which, by their nature, can have no application.  
   History: En. Sec. 102, Ch. 263, L. 1955; amd. Sec. 1, Ch. 175, L. 1967; R.C.M. 1947, 32-21-105; amd. Sec. 1, Ch. 345, L. 1983; amd. Sec. 35, Ch. 516, L. 1985; amd. Sec. 36, Ch. 352, L. 2003.
Compiler's Comments:
   2003 Amendment:   Chapter 352 in (3) near middle after "would" inserted "prevent the operator from keeping both hands on the handlebars or that would"; in (4) substituted "A person may ride upon a motorcycle or quadricycle only while sitting astride the seat, facing forward, with one leg on each side of the motorcycle or quadricycle" for ""Sidesaddle" riding on a motorcycle or quadricycle is prohibited"; in (5) at beginning of first sentence inserted exception clause and at end after "public" substituted "roadway" for "highway or street"; inserted (5)(b) allowing a motorcycle or quadricycle to be operated without lights while being driven to the nearest repair facility for headlamp repair; and made minor changes in style. Amendment effective October 1, 2003.
   1985 Amendment:   In (1) in three places, in (2) through (4), and (Cool inserted "or quadricycle"; and in (5) and (7), inserted "and quadricycles" (effective January 1, 1986).
   1983 Amendment:   In (5), inserted collector's item exception.
Cross References:
   Motorcycle defined, 61-1-101.
   Quadricycle defined, 61-1-101.
   Headlamps on motor vehicles, 61-9-203.
   Headgear required for minor motorcycle riders, 61-9-417.
   Motorcycle noise suppression devices, 61-9-418.
Case Notes:
   Contributory Negligence:   The fact that plaintiffs were riding double in violation of this section did not prevent them from recovering under the Federal Tort Claims Act for injuries arising out of a collision with a mail truck, where the evidence did not indicate that plaintiffs' violation was a contributing cause of the collision. Chavez v. U.S., 192 F. Supp. 263 (D.C. Mont. 1961).
Collateral References:
   60 C.J.S. Motor Vehicles § 8.
   7A Am. Jur. 2d Automobiles and Highway Traffic §§ 680 through 684.
   Overcrowding motor vehicle or riding in unusual position thereon as affecting liability for injury or damage. 44 ALR 2d 238.

(b) Is 50 or fewer inches in width.

(c) Has an unladen weight of 800 pounds or less.

(d) Travels on three or more low-pressure tires.

(e) Has a seat to be straddled by the operator and handlebars for steering control.

(f) Is operated on a public highway. ARS 28-101.3
Off-road recreational motor vehicle means a motor vehicle that is designed primarily for recreational off highway all-terrain travel and that is not operated on a public highway. ARS 28-101.34
Street or highway means the entire width between the boundary lines of every way if a part of the way is open to the use of the public for purposes of vehicular travel.
(This includes the shoulders of the roadway) ARS 28-101.4
« Last Edit: August 28, 2010, 02:48:53 PM by Errante » Logged

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