Montana Driving Records

The Montana Motor Vehicle Division (MVD) is responsible for maintaining comprehensive driving records for all licensed drivers in the state. This critical task is mandated by Montana Code Annotated (MCA) Section 61-11-101, which guarantees that accurate and detailed information about each driver's history is readily available.

These records encompass a wide range of information, including traffic violations, license suspensions, and other relevant driving-related data. Their importance extends beyond individual drivers, serving as valuable resources for law enforcement agencies, insurance providers, and employers.

By providing insights into a driver's behavior and history on the road, these records play a crucial role in risk assessment, insurance premium calculations, and employment decisions, particularly for positions involving vehicle operations.

The MVD has established secure procedures for accessing these records, allowing individuals to review their driving history and authorized entities to conduct background checks when necessary. This system balances transparency with privacy protections, carefully managing sensitive information.

Types of Driving Records Available in Montana

Montana offers two primary types of driving records: Basic and Commercial. Each serves distinct purposes and contains different levels of information.

Basic Driver Record

The Basic Driver Record provides a comprehensive overview of an individual's driving history. It includes personal information, licensing details, traffic violations, sanctions imposed, and motor vehicle accident history.

This record spans the driver's entire lifetime but excludes sensitive information such as medical status, self-certification, and license expiration dates. Interestingly, this record may also contain information about:

Individuals who only possess a Montana identification card
Individuals without any Montana credentials
Out-of-state drivers who received tickets resulting in sanctions while in Montana

Commercial Driver Record

The Commercial Driver Record is more specialized, catering to the needs of professional drivers. It encompasses all the information in a basic record but includes additional data specific to commercial driving, such as medical qualifications.

Access to commercial driver records is more restricted, as mandated by MCA Section 61-11-105, limiting who can obtain this information.

Non-Certified vs. Certified Copy

Both basic and commercial records are typically provided in a non-certified format. However, individuals can request certified copies for certain official purposes, such as court proceedings. A certified driver record contains the same information as its non-certified counterpart but includes additional language verifying the accuracy and authenticity of the information.

How To Request a Montana Driving History Report?

The Montana MVD provides several methods for individuals and businesses to obtain driver records. These options cater to different needs and preferences.

Online Services

For individuals seeking a few records, the MVD offers an online service for managing driver records through the MVD website. Users need a valid credit card to make a payment.

Note that the record cannot be saved or copied from the electronic file and is not mailed to the requester. The individual needs to immediately print the electronic record upon transaction completion.

Businesses requiring large numbers of driving records, such as insurance agencies and trucking companies, can become registered users. This process involves completing a Registered User Agreement, which stipulates that the information will be used only for allowed purposes.

Businesses must contact 406-28/5-8280 or email mtsupport@vitu.com to complete the agreement.

Registered users can then access the Driver History Records Service on mt.gov using their username and password to conduct searches. They are billed for the number of records requested.

Mail-In Requests

Individuals can also request driving records by mail. This process requires completing a Release of Driving Records (Form 34-0100) for each record requested. Individuals must provide the driver's full name, date of birth, and license number.

The completed form, along with the associated fee and a stamped, self-addressed envelope, should be mailed to:

Motor Vehicle Division
P.O. Box 201430
Helena, MT 59602-1430

Various payment methods, including cash, check, money order, and most major credit cards, are accepted. Those preferring to receive the record via fax can enclose the appropriate payment and omit the self-addressed envelope.

In Person

For in-person requests, individuals must complete Form 34-0100. Bring the form with a valid state ID, requester's driving license, and a $4 fee. The individual can appear in person at the MVD main office's customer service window:

Motor Vehicle Division Office
Scott Hart Building, Second Floor
303 N. Roberts
Helena

Uses of Montana Driving Records

Montana's driving record regulations, governed by MCA Section 33-18-210 and Section 61-5-208, establish guidelines for managing and using driver information. Key points include:

Insurance companies can't use convictions over three years old to affect rates, except for repeat DUI (driving under the influence) offenses (five-year impact).
Conviction points stay on records for three years but are removed, while convictions remain permanently.
Defensive driving classes don't remove points.
Out-of-state offenses appear on Montana records, and Montana offenses by out-of-state drivers are reported to their home state.
All information becomes a permanent driving record, following the driver across years and states.

Understanding Montana Driving Laws

Montana has implemented a comprehensive set of driving laws to promote road safety and regulate various aspects of driving. These laws apply to all drivers in the state, with specific provisions for certain groups. Here's an overview of key driving regulations in Montana:

General Driving Laws

Here are some of the general driving laws implemented across Montana:

Seat Belt

Montana law (MCA Section 61-13-103) requires all drivers and passengers to wear seat belts. However, it's not a "primary" law, meaning law enforcement can't stop a vehicle solely for seat belt violations. The penalty for non-compliance is a $20 fine, which isn't considered a moving violation.

Child Safety

Children under six years old and weighing less than 60 pounds must be secured in an appropriate child safety or booster seat, per MCA Section 61-9-420. The seat must suit the child's height and weight according to manufacturer specifications. Violations can result in fines of up to $100.

Vehicle Liability Insurance

MCA Section 61-6-103 mandates minimum liability insurance coverage for all Montana drivers. The required coverage includes:

$25,000 for bodily injury or death of one person in an accident
$50,000 for bodily injury or death of two or more people in a single incident
$20,000 for property damage per accident

Failure to maintain this mandatory insurance can lead to fines, vehicle registration suspension, and other legal penalties.

Requirements for Residents, New Residents, and Foreign Nationals

Montana's driving laws establish distinct requirements for residents, new residents, and foreign nationals. The Montana MVD has outlined specific regulations for road safety and legal compliance for all drivers navigating the state's highways and byways.

Here's an overview of the key requirements for each group:

Montana Residents

Montana residents are required to:

Possess a valid Montana driver's license
Register their vehicles within the state
Maintain proper vehicle insurance coverage

Note that an individual is considered a resident after residing in Montana for more than 60 consecutive days, as stipulated by MCA Section 61-5-103.

New Residents

New Montana residents must obtain a Montana driver's license within 60 days of establishing residency. In getting a state license, they need to provide the following, pass a vision test, and potentially complete a driving test, though this may be waived if presenting a valid out-of-state license:

Proof of identity (such as a valid out-of-state license or Social Security Number)
Proof of residency (e.g., a rental agreement or utility bill showing a physical address)
Proof of authorized presence (e.g., a birth certificate or passport)

Foreign Nationals

Foreign nationals driving in Montana are subject to specific requirements:

They must adhere to the same residency requirements as other drivers
Provide documentation proving their legal status in the U.S.
Meet similar identification and residency requirements as new residents.

Foreign nationals may use a valid foreign driver's license or an International Driving Permit (IDP) for temporary driving. If becoming residents, they must apply for a Montana driver's license within 60 days of establishing residency.

The Points System in Montana

Montana employs a driver point system to monitor traffic violations and encourage safe driving practices. Points are assigned for various infractions, ranging from 2 points for minor moving violations to 15 points for vehicular homicide. Serious offenses like DUI and hit-and-run incidents carry 10 and 8 points, respectively.

The system's consequences are tiered for accumulating points:

6 points in 18 months require driver counseling or a license exam retake
15 points in 36 months results in a license suspension for six months
30 or more points in three years face a three-year license revocation and are labeled habitual offenders

Points typically remain on a driver's record for three years but are cleared upon license revocation. Montana offers a rehabilitation program for suspended or revoked drivers, which may include safety courses and the possibility of obtaining a restricted license for essential travel.

Criminal vs. Civil Driving Offenses in Montana

Montana classifies traffic violations as criminal or civil in nature. Each classification has set guidelines and penalties. Here is an overview:

Criminal Driving Offenses

Criminal driving offenses are severe violations in Montana. They can result in hefty fines, jail time, and severe penalties. One notable example of a criminal offense in Montana is DUI.

Montana takes a firm stance on DUI, implementing strict laws and penalties to deter impaired driving and protect public safety. The state requires proof beyond reasonable doubt that a driver's ability to operate a vehicle was compromised by alcohol or drugs to establish a DUI offense as per MCA Section 61-8-1002.

Montana also recognizes DUI per se, based on specific blood alcohol concentration (BAC) limits:

0.08% for non-commercial vehicles
0.04% for commercial vehicles
0.02% for drivers under 21
THC (tetrahydrocannabinol) level of 5 ng/ml or higher

Penalties for DUI convictions in Montana escalate with repeat offenses and the presence of underage passengers as per MCA Section 61-8-1007. For example, first-time offenders face potential jail time of 24 hours to six months, fines of up to $1,000, and license suspension.

Subsequent offenses carry harsher punishments, including longer jail sentences, steeper fines, and extended license suspensions. For instance, a third offense can result in up to one year in jail and fines up to $5,000, or double those amounts if underage passengers were present.

Repeat offenders may also be required to participate in the 24/7 Sobriety Program, involving regular breath tests or wearing an alcohol-monitoring bracelet.

Civil Driving Offenses

Montana's roadways are governed by speed regulations designed to promote safe driving practices across various types of roads. The state has established specific speed limits tailored to different road conditions and locations:

Interstate highways in rural areas: 80 miles per hour (mph)
Urban interstate highways: 65 mph
Other public highways: 70 mph (day) / 65 mph (night)
Two-lane roads: 70 mph (day) / 65 mph (night)
Urban districts: 25 mph

These limits, outlined in MCA Section 61-8-303, balance efficient travel with safety considerations. However, exceeding these limits is considered a civil offense, carrying less severe consequences than criminal driving infractions.

To discourage speeding and maintain road safety, Montana imposes a tiered fine structure based on the extent of the speed violation:

1-10 mph over the limit: $40 fine
11-20 mph over the limit: $70 fine
21-30 mph over the limit: $120 fine
31 mph or more over the limit: $200 fine

In addition to these fines, speeders may accumulate demerit points on their driving record and potentially face license suspension for repeated or severe violations.

Montana Driving Statistics and Goals

Recent data from the National Highway Traffic Safety Administration (NHTSA) highlights the ongoing challenge of traffic safety in Montana, with over 200 fatalities reported in 2022 and 2023. The state faces particular challenges with alcohol-related incidents, ranking among the highest in the nation for such fatalities per vehicle mile traveled.

In response, Montana has implemented several targeted strategies to enhance road safety:

Safe On All Roads (SOAR)

SOAR is a community-based education program that tailors traffic safety messages to local cultures. SOAR employs coordinators who live and work within communities to develop and disseminate relevant educational materials.

Traffic Enforcement

Montana integrates law enforcement strategies across the Montana Department of Transportation (MDT) 's various safety goals. These efforts address impaired driving, occupant protection, young driver safety, and motorcycle safety.

Vision Zero

Vision Zero is a statewide collaboration that aims to eliminate all traffic-related deaths and serious injuries on Montana's roadways. The MDT's Comprehensive Highway Safety Plan (CHSP) supports the initiative, which outlines specific strategies and actions to achieve this goal.

Frequently Asked Questions About Montana Driving Records

Here are the most commonly asked questions about driving records in Montana:

Can Someone Contest Any Information in Their Driving Records?

Individuals can contest information in their driving records in Montana. Suppose a driver believes there is an error or inaccurate information on their record. In that case, they can request a review or correction through the Montana MVD by following the appropriate procedures outlined by the MVD.

How Often Are Driving Records Updated?

Driving records in Montana are updated regularly, particularly when new traffic violations, convictions, or changes in a driver's status occur. Traffic convictions remain on a driving record permanently, although points from convictions may be removed after three years.

Can Employers Easily Access an Employee's Driving Record?

Employers can access an employee's driving record in Montana, but this access is regulated under the Montana Driver Privacy Protection Act. Employers must have a legitimate reason to request this information, and they typically need the employee's consent to obtain the record.

Helpful Links and Resources

Here are some helpful links and resources for Montana drivers:

Learn more about Montana's 24/7 Sobriety Program: https://dojmt.gov/247-sobriety-program/
Check out other traffic safety programs from Montana: https://www.mdt.mt.gov/visionzero/plans/safetyprg.aspx
Exhibit A in the guide shows a sample of a Montana driver record: https://mvdmt.gov/wp-content/uploads/2023/10/MV-Guide-to-Understanding-the-Montana-Driver-Record.pdf

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