61-2-302. Establishment of driver improvement program -- participation by offending drivers. (1) The department may establish by administrative rules a driver rehabilitation and improvement program or programs that may consist of classroom instruction in rules of the road, driving techniques, defensive driving, driver attitudes and habits, actual on-the-road driver's training, and other subjects or tasks designed to contribute to proper driving attitudes, habits, and techniques.
     (2) Official participation in the driver rehabilitation and improvement program is limited to those persons who are not subject to an ignition interlock restriction imposed under 61-8-442 and whose license to operate a motor vehicle in the state of Montana is:
     (a) subject to suspension or revocation as a result of a violation of the traffic laws of this state or, unless otherwise provided by the sentencing court, a violation of 45-5-624; or
     (b) revoked and they have:
     (i) completed at least 3 months of a 1-year revocation; or
     (ii) completed 1 year of a 3-year revocation; and
     (iii) met the requirements for reobtaining a Montana driver's license.
     (3) Notwithstanding any provision of this part inconsistent with any other law of the state of Montana, the enforcement of any suspension or revocation order that constitutes the basis for any person's participation in the driver rehabilitation and improvement program provided for in this section may be stayed if that person complies with the requirements established for the driver improvement program and meets the eligibility requirements of subsection (2).
     (4) In the event that a person's driver's license has been surrendered before the person's selection for participation in the driver rehabilitation and improvement program, the license may be returned upon receipt of the person's agreement to participate in the program.
     (5) The stay of enforcement of any suspension or revocation order must be terminated and the order of suspension or revocation enforced if a person declines to participate in the driver rehabilitation and improvement program or fails to meet the attendance or other requirements established for participation in the program.
     (6) This part does not create a right to be included in any program established under this part.
     (7) The department may establish a schedule of fees that may be charged those persons participating in the driver improvement and rehabilitation program. The fees must be used to help defray costs of maintaining the program.
     (8) A person may be referred to this program by a driver improvement analyst, city judge, justice of the peace, youth court judge, judge of a district court of the state, or a hearing examiner of the department.
     (9) The department may issue a restricted probationary license to any person who enrolls and participates in the driver rehabilitation and improvement program. Upon issuance of a probationary license under this section, the licensee is subject to the restrictions set forth on the license.
     (10) It is a misdemeanor for a person to operate a motor vehicle in any manner in violation of the restrictions imposed on a restricted license issued to the person under this section.

     History: En. 31-192 by Sec. 2, Ch. 526, L. 1977; R.C.M. 1947, 31-192; amd. Sec. 1, Ch. 297, L. 1979; amd. Sec. 1, Ch. 444, L. 1985; amd. Sec. 13, Ch. 503, L. 1985; amd. Sec. 7, Ch. 481, L. 1995; amd. Sec. 4, Ch. 107, L. 1997.