61-2-302. Establishment of driver rehabilitation and improvement program -- department to contract with private entities -- participation by offending drivers. (1) (a) The department shall 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.
     (b) The rules must:
     (i) provide for the local program courses to be operated by private entities;
     (ii) develop a procedure for certifying private entities as driver rehabilitation and improvement course providers;
     (iii) establish the criteria that private entities must meet in order to be certified by the department; and
     (iv) provide for an alternative driver rehabilitation and improvement procedure for drivers who live in areas where a course is not offered.
     (2) Official participation in the driver rehabilitation and improvement program is limited to those persons 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, is suspended under 45-5-624(2)(b);
     (b) revoked and they have:
     (i) completed at least 3 months of a 1-year revocation or, if revocation is for a second or subsequent violation of 61-8-401 or 61-8-406, have provided the department with proof of compliance with the ignition interlock device restriction imposed under 61-5-208; or
     (ii) completed 1 year of a 3-year revocation; and
     (iii) met the requirements for reobtaining a Montana driver's license; or
     (c) subject to suspension as provided in 61-11-204(3).
     (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 rehabilitation and 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 and the entity with which the department contracts under subsection (1)(b) shall establish separate fee schedules that may be charged to those persons participating in the driver improvement and rehabilitation program. The fees must be collected separately by the department and by the entity with which the department contracts under subsection (1)(b).
     (8) The fees collected by the department under subsection (7) must be used to help defray costs incurred by the department in administering the program and in contracting with private entities as provided in subsection (1). The department may not use the fees collected under subsection (7) for any other purpose.
     (9) 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 hearing examiner of the department.
     (10) (a) Except as provided in (10)(b), 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.
     (b) The department may not issue a restricted probationary license that would permit an individual to drive a commercial motor vehicle during a period in which:
     (i) the individual is disqualified from operating a commercial motor vehicle under state or federal law; or
     (ii) the individual's driver's license or driving privilege is revoked, suspended, or canceled.
     (11) 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; amd. Sec. 1, Ch. 258, L. 1999; amd. Sec. 2, Ch. 64, L. 2001; amd. Sec. 3, Ch. 207, L. 2001; amd. Sec. 1, Ch. 218, L. 2001.