# Mont. Code Ann. § 61-5-105: 61-5-105 Who may not be licensed > Montana · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C5_P1_S61-5-105 ## Section - **Citation:** Mont. Code Ann. § 61-5-105 - **Heading:** 61-5-105 Who may not be licensed - **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 61-5-105 ## Text 61-5-105 . Who may not be licensed. The department may not issue a license under this chapter to a person: (1) who is under 15 years of age unless the person is at least 13 years of age and, because of individual hardship, to be determined by the department, needs a restricted license; (2) whose license or driving privilege is currently suspended, revoked, or canceled, except as provided in 61-5-232 , or who is disqualified from operating a commercial motor vehicle in this or any state, as evidenced by an ineligible status report from the national driver register, established under 49 U.S.C. 30302, or from the commercial driver's license information system, established under 49 U.S.C. 31309; (3) who is addicted to the use of alcohol or narcotic drugs; (4) who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who, at the time of application, has not been restored to competency by the methods provided by law; (5) who is required by this chapter to take an examination; (6) who has not deposited proof of financial responsibility when required under the provisions of chapter 6 of this title; (7) who has any condition characterized by lapse of consciousness or control, either temporary or prolonged, that is or may become chronic. However, the department may, in its discretion, issue a license to an otherwise qualified person suffering from a condition if the afflicted person's attending physician, licensed physician assistant, or advanced practice registered nurse, as defined in 37-8-102 , attests in writing that the person's condition has stabilized and would not be likely to interfere with that person's ability to operate a motor vehicle safely and, if a commercial driver's license is involved, the person is physically qualified to operate a commercial motor vehicle under applicable state or federal regulations. (8) who lacks the functional ability, due to a physical or mental disability or limitation, to safely operate a motor vehicle on the highway; (9) who is not a resident of or domiciled in Montana except as provided in 61-5-103 (3); or (10) whose presence in the United States is not authorized under federal law. When an applicant who is not a citizen of the United States applies for a driver's license, the department shall verify that the applicant is lawfully present in the United States by using the federal systematic alien verification for entitlements program. The department may not accept a driver's license issued by another state as proof that an applicant is lawfully present in the United States under federal law. ## 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) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C5_P1_S61-5-105. Check the current official text before relying on it. Not legal advice.