23.3.202    DRIVER REHABILITATION POINT SYSTEM

(1) The following point values are established for Driver Rehabilitation Program purposes, and discretionary actions pursuant to section 61-5-206(1) (b) are specified:

VIOLATION
CODE

DRIVER

REHABILITATION

POINTS

DESCRIPTION OF OFFENSE

0020 ��� 12� Negligent homicide
1170
9014

6

Driving while privilege to do so is suspended or revoked
1140

�2

Operating with foreign driver's license when privilege suspended or revoked by the state.
5110 ��� 10 Driving while under the influence of intoxicating liquor (being in actual physical control)
5111 ��� 10 Driving while under the influence of any drug (narcotic or other)
4000

8

Failure to stop immediately at accident scene where person injured
4001

8

Failure to remain at accident scene where person injured
4002

8

Failure to stop immediately at scene where person killed
4003

8

Failure to remain at scene of accident where person killed
4022

8

Failure to render reasonable assistance to injured
4020

4

Failure to identify self and vehicle when involved in an accident.
4060

4

Failure to submit written report of accident within 10 days
5130

5

Holding a race or speed contest on highway without written permission of proper authority (state, county, or city)
4050

4

Fail to give notice of accident by quickest means
5131

5

Engaging in race or speed contest on public highway without written permission of proper authority
5133

5

Holding (engaging in, aiding, or abetting) a speed contest, the roadway � of which is not fully and efficiently patrolled
5134

2

Careless driving
5120

5�

Reckless driving
5121

5

Eluding police officers
4010

4

Failure to stop immediately at property damage accident scene
4011

4

Failure to remain at property damage accident scene
5141

3

Speeding: restricted speed zone
5142

3

Speeding: 25 miles per hour, urban district
5140

2

Speed restrictions (Basic Rule) :�Failure to drive in careful and prudent manner (driving at speed that is greater than is reasonable and proper under existing conditions at point of operating; driving at speed that would unduly or unreasonably endanger life, limb, property or other rights of persons using highways; driving at speeds that fail to take into account amount and character of traffic, conditions of � brakes, weight of vehicle, etc.)
5143

3

Speeding: 35 miles per hour, construction zone
5144

3

Speeding: 55 miles per hour night limit
5145

3

Speeding: 65 miles per hour night limit on interstate
5146

3

Failure to reduce speed when approaching intersection, railroad crossing, etc.
5147

3

Speeding: 55 miles per hour night limit (trucks)
5150

3

Speeding: speed limit established by Motor Vehicles Division
5160

3

Speeding: restricted speed limit established by local authorities
5171

3

Failure to pull over when operating slow moving vehicle obstructing traffic
5180

3

Speeding: 60 miles per hour truck limit
5181

3

Speeding: motor-driven cycle night speed
5182

3

Speeding: 50 miles per hour speed when towing trailer house
5183

3

Speeding: 65 miles per hour truck speed on interstate
5190

3

Speeding: posted speed over elevated structure
1006

2

Operating with foreign driver's license beyond 90 day grace period
1010

2

Violation of privilege granted drivers of government vehicles
1011

2

Violation of privilege granted drivers of road machinery, farm implements and tractors
1020

2

Violation of restrictions on chauffeur's license
1030�

2

Violation of restrictions on instruction permit
1031

2

Violation in use of temporary driver's permit
1032

2

Failure to have temporary driver's permit in possession
1070

2

Operating in violation of restrictions imposed on driver's�license
1110

2

Violation of restrictions imposed on probationary driver's license
1250

2

Failure of person to subject self to traffic control at roadblock
2070

2

Exceeding the 102-inch width limit
2079

2

Towing more than one vehicle in combination
2080

2

Drawing more than two motor vehicles by saddlemount method
2081

2

Towing more than one trailer with vehicle rated less than 2000 pounds (manufacturer's rated capacity)
2111

2

Failure to follow directions and requirements of special permit
4199

2

Sidewalk (driving on)
5010

2

Reckless or unsafe operation of authorized emergency vehicle
5050

2

Failure to obey instructions of traffic control devices
5222

2

Increasing speed when being overtaken
5230

2

Passing on right when prohibited
5240

2

Improper passing -- highway ahead obstructed
5250

2

Improper passing - approaching crest of grade (hill) or curve
5251

2

Improper passing - approaching intersection
5252

2

Improper passing - approaching within 100 feet of bridge, tunnel or viaduct when view obstructed
5260

2

Improper passing - in no passing zone
5270

2

Pass to left of rotary traffic island
5271

2

Travel wrong direction on one-way street or highway
5280

2

Change lane when unsafe to do so
5281

2�

Improper use of center lane of three lane roadway
5282

2

Failure to use designated lane when operating slow-moving vehicles
5290

2

Following too closely - reasonable and prudent
5291

2

Following too closely - insufficient space between vehicles or combinations
5300

2

Driving on other than right-hand roadway of divided highway
5301

2

Driving over, across, or within dividing � space or barrier of divided highway
5310

2

Illegal entrance or exit to restricted access highway
5320

2

Violations of limitations put on restricted access highway
5330

2

Making right turn from improper lane
5331

2

Improper approach to intersections when making right turn
5332

2

Making left turn from improper lane
5333

2�

Improper approach to intersection when making left turn
5334

2

Disobedience to signs and markers indicating direction to turn
5340

2

Improper turn - crest of grade or on curve
5350

2

Improper starting - failure to start vehicle in safety
5360

2

Improper turn - not in required position
5361

2

Turning when unsafe to do so
5362

2

Turning without giving proper signal
5363

2

Stopping or slowing without giving appropriate signal
5370

2

Failure to have vehicle equipped with signal lamps when required
5380

2

Right of way violation - failure to yield to vehicle on right at intersection
5390

2

Right of way violation - failure to yield to hazardous traffic when making left turn
5391

2

Right of way violation - failure of approaching drivers to yield to vehicle making left turn
5400

2

Right of way violation - failure to yield to vehicle on through highway
5401

2

Right of way violation - failure to yield to vehicle entering or crossing highway
5410

2

Right of way violation - failure to yield when entering highway from private road or drive
5411

2

Right of way violation - failure to yield when entering highway from public approach ramp
5420

2

Right of way violation - failure to obey requirements of yield sign
5060

2

Failure to yield right of way to vehicle when obeying green go traffic signal
5061

2

Failure to yield right of way to pedestrian when obeying green go traffic signal
5062

2

Failure to reduce speed when approaching yellow (caution) traffic signal
5063

2

Failure to obey red (stop) traffic signal
5064

2�

Failure to yield right of way to pedestrians or other traffic in intersections when obeying green arrow traffic signal
5080

2

Flashing signal violation (red) Flashing signal violation (yellow)
5170

2

Obstructing traffic, under minimum reasonable speed, after being warned
5200

2

Failure to drive to right of roadway except when passing
5210

2

Failure to give approaching vehicle half of roadway
5220

2

Improper passing - crowding overtaken vehicle
5221

2

Failure to yield to overtaking vehicle
5430

2

Right of way violation - failure to yield to authorized emergency vehicle
5431

2

Operator of authorized emergency vehicle - failure to drive with due regard to safety of others
5450

2

Right of way violation - failure to yield to pedestrian
5452

2

Overtaking vehicle stopped at crosswalk
5453

2

Right of way violation - failure to yield to school children or school safety patrol
5470

2�

Failure to exercise due care when observing pedestrian
5570

2

Disobedience to signals indicating approach of railroad train
5580

2

Failure to stop at railroad crossing when stop sign erected
5590

2

Failure to stop at railroad crossing when carrying passengers for hire
5591

2

Failure to stop at railroad crossing when driving school bus
5592

2

Failure to stop at railroad crossing when carrying explosives
5593

2

Failure to stop at railroad crossing when carrying flammable liquids
5610

2

Stop sign violation
5620

2

Stop violation - emerging from alley, garage or driveway
5630

2�

Failure to stop for school bus stopped (loading or unloading school children)
5631

2

Failure to slow for school bus preparing to stop (flashing amber lights for school children)
5633

2

School bus failing to activate flashing amber lights before stopping to receive or discharge school children
5640

2

Unlawful use of flashing lights on bus (amber or red)
5690

2

Interfering with traffic while backing
5700

2

More than one on one-seated motorcycle
5702

2

Carrying passenger on motorcycle which interferes with driver's operation
5703

2

Carrying package, etc., which interferes with operation of motorcycle
5704�

2

Riding motorcycle side-saddle
5705

2�

Operating motorcycle on public highway or street without lights
5706

2

Operating more than two motorcycles abreast in traffic lane
5707

2

Failure to comply with duties applicable to motorcycle operators
5720

2

Failure to keep vehicle under control on mountain highways
5721

2

Failure to drive to extreme right side of road in canyons (defiles, mountains)
5730

2

Allowing vehicle to coast downgrade
5740

2

Following fire apparatus
5750

2

Crossing fire hose
5852

2

Failure of driver to take required precautions upon approaching the blind
7000

2

Operating a motor vehicle in unsafe condition without proper lights and equipment
7010

2

Failure to have lamps lighted when required
7020

2

Failure to have two headlamps properly operating on motor vehicle
7021

2

Failure to have proper headlamps on motorcycle
7030

2

Failure to have vehicle equipped with one or two tail lamps as required
7051

2

Operating motor vehicle not equipped with stop lamp
7063

2

Failure to have bus or truck properly equipped with stop lamps
7068

2

Failure to have safety chain when required on trailer
7110

2

Failure to display lamp or flag on projecting load
7141

2

Failure to have proper emblem on slow-moving vehicle when required
7143

2

Failure of driver of slow-moving vehicle to pull off roadway as required
7160

2

Emergency vehicle - no audible signal
7163

2

Fail to proceed with caution past an alternately flashing or rotating red or blue light, at a speed that is reasonable and proper under the conditions existing at the point of operation (failure to stop for emergency lights.)
7164

2

Fail to stop for an alternately flashing or rotating red or blue light at point of operation (fail to stop for emergency lights).
7200

2

Failure to dim within 1000 feet of oncoming traffic
7201

2

Failure to dim within 300 feet when approaching vehicle from rear
7231

2

Displaying unauthorized red light
7240

2

Violation in use of red blinker light authorization for fireman's private car
7261

2

Inadequate or defective service brakes
7263

2

Fail to have automatic breakaway brakes on trailer which exceeds 3000 pounds G.V.W.
7268

2

Insufficient or inadequate reservoir for air or vacuum brakes
7280

2

Defective brakes - motor-driven cycle
7291

2

Failure to sound horn to ensure safe operation
7310

2�

Failure to have rear view mirror
7311

2�

Defective rear-view mirror
7320

2

Obstructed windshield
7321

2

Defective windshield wipers
7502

2

Moving defective vehicle beyond specified limits
7603

2

Fail to identify disabled vehicle with proper equipment while towing
0012

2

Transporting passengers in vehicle carrying explosives

(2) A 6 month suspension results from the accumulation of 15 or more points in a 36 month period.

(3) The following actions resulting from the accumulation of 6 or more points in an 18 month period may be taken:

(a) the licenseee may be required to attend a counseling session or re-take the driving examination or both.

(b) Failure to comply with the requirements of 3(a) will result in a three month suspension.

History: Sec. 44-1-103 and 61-2-302(1) MCA; IMP, 61-5-201 et seq. and 61-2-302(2) MCA, Eff. 12/31/72; AMD, Eff. 8/4/75; AMD, Eff. 12/5/76; AMD, 1980 MAR p. 576, Eff. 10/31/80; AMD, 1982 p. 601, Eff. 3/26/82; AMD, 1983 MAR p. 350, Eff. 4/28/83.