# Mont. Code Ann. § 61-5-102: 61-5-102 Drivers to be licensed -- penalty

> Montana · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C5_P1_S61-5-102

## Section

- **Citation:** Mont. Code Ann. § 61-5-102
- **Heading:** 61-5-102 Drivers to be licensed -- penalty
- **Jurisdiction:** Montana
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** MT Code / Title 61 / Chapter 5 / Part 1 / Section 61-5-102

## Text

61-5-102 . Drivers to be licensed -- penalty. (1) (a) Except as provided in 61-5-104 , a person may not drive a motor vehicle upon a highway in this state unless the person has a valid Montana driver's license. A person may not receive a Montana driver's license until the person surrenders to the department all valid driver's licenses issued by any other jurisdiction. A person may not have in the person's possession or under the person's control more than one valid Montana driver's license at any time.

(b) Except as provided in subsection (1)(c), the penalty for a violation of this section is a fine of not more than $500.

(c) A person who is eligible to hold a driver's license and has obtained a valid driver's license but has not renewed the license as provided in 61-5-111 (3)(c) is not subject to the penalty in subsection (1)(b).

(2) (a) (i) Except as provided in subsections (2)(a)(ii) and (2)(a)(iii), a license is not valid for the operation of a motorcycle unless the holder of the license has completed the requirements of 61-5-110 and the license has been clearly marked with the words "motorcycle endorsement".

(ii) A motorcycle endorsement is not required for the operation of a low-speed electric vehicle or a motorcycle that is propelled by an electric motor or other device that transforms stored electrical energy into the motion of the vehicle, has a fully enclosed cab, is equipped with three wheels in contact with the ground, and is equipped with a seat and seatbelts.

(iii) A motorcycle endorsement is not required for the operation of an autocycle or a three-wheeled motorcycle.

(b) A license is not valid for the operation of a commercial motor vehicle unless the holder of the license has completed the requirements of 61-5-110 , the license has been clearly marked with the words "commercial driver's license", and the license bears the proper endorsement for:

(i) the specific vehicle type or types being operated; or

(ii) the passengers or type or types of cargo being transported.

(3) A low-speed restricted driver's license is not valid for the operation of a motor vehicle other than a low-speed electric vehicle or a golf cart.

(4) When a city or town requires a licensed driver to obtain a local driving license or permit, a license or permit may not be issued unless the applicant presents a state driver's license valid under the provisions of this chapter.

## Nearby sections

- [Mont. Code Ann. § 61-5-101 61-5-101 Driver licensing responsibilities of department](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C5_P1_S61-5-101.md)
- [Mont. Code Ann. § 61-5-102 61-5-102 Drivers to be licensed -- penalty](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C5_P1_S61-5-102.md)
- [Mont. Code Ann. § 61-5-103 61-5-103 Residency requirement](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C5_P1_S61-5-103.md)
- [Mont. Code Ann. § 61-5-104 61-5-104 Exemptions -- definition](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C5_P1_S61-5-104.md)
- [Mont. Code Ann. § 61-5-105 61-5-105 Who may not be licensed](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C5_P1_S61-5-105.md)
- [Mont. Code Ann. § 61-5-106 61-5-106 Learner licenses -- traffic education permits -- temporary driver's permits](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C5_P1_S61-5-106.md)
- [Mont. Code Ann. § 61-5-107 61-5-107 Application for license or motorcycle endorsement](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C5_P1_S61-5-107.md)
- [Mont. Code Ann. § 61-5-108 61-5-108 Application of minors -- imputed liability](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C5_P1_S61-5-108.md)
- [Mont. Code Ann. § 61-5-109 61-5-109 Release from liability](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C5_P1_S61-5-109.md)
- [Mont. Code Ann. § 61-5-110 61-5-110 Records check of applicants -- examination of applicants -- cooperative driver testing programs -- reciprocal agreement with foreign country](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C5_P1_S61-5-110.md)
- [Mont. Code Ann. § 61-5-111 61-5-111 Contents of driver's license, renewal, license expirations, license replacements, grace period, and fees for licenses, permits, and endorsements -- notice of expiration](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C5_P1_S61-5-111.md)
- [Mont. Code Ann. § 61-5-112 61-5-112 Reciprocal agreements](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C5_P1_S61-5-112.md)
- [Mont. Code Ann. § 61-5-113 61-5-113 Restricted licenses](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C5_P1_S61-5-113.md)
- [Mont. Code Ann. § 61-5-114 61-5-114 Replacement license -- veteran designation](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C5_P1_S61-5-114.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C5_P1_S61-5-102. Check the current official text before relying on it. Not legal advice.
