Unofficial Draft Copy
**** As of: 09/18/2024, 01:50:19
69th Legislature 2025 Drafter: Joseph Carroll, **** LC 0244
1 **** BILL NO. ****
2 INTRODUCED BY ****
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING EXHAUST NOISE LIMITATION STATUTE LAWS;
5 REPEALING A DEFENSE; REQUIRING INSPECTING OFFICERS OT ISSUE CERTIFICATES OF
6 INSPECTION ON REQUEST; ADDING DESTINATIONS WHERE A DEFICIENT VEHICLE MAY BE DRIVEN;
7 CLARIFYING THAT NEITHER EXHAUST NOISE LIMITATION VIOLATIONS NOR ANY VEHICLE
8 EQUIPMENT VIOLATION IS FELONIOUS UNDER CURRENT LAW;; AMENDING SECTIONS 61-9-435, 61-9-
9 501, 61-9-503, AND 61-9-511, MCA.”
10
11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
12
13 Section 1. Section 61-9-435, MCA, is amended to read:
14 "61-9-435. Exhaust noise limitation. (1) Except as provided in subsection (3)(2) and 61-9-503, a
15 person may not operate a motor vehicle with an exhaust system that emits a noise in excess of 95 decibels, as
16 measured by the society of automotive engineers' standard j1169 (May 1998).
17 (2) A person charged with violating this section may not be convicted if the person had reasonable
18 grounds to believe that the vehicle was not operated in violation of the standard in subsection (1).
19 (3)(2) This section does not apply to a motorcycle or quadricycle that is subject to 61-9-418."
20
21 Section 2. Section 61-9-501, MCA, is amended to read:
22 "61-9-501. Inspections by officers of department. (1) The department or its agents may at any time
23 upon reasonable cause to believe that a vehicle is unsafe or not equipped as required by law or that its
24 equipment is not in proper adjustment or repair require the driver of the vehicle to stop and submit the vehicle to
25 an inspection and test as may be appropriate.
26 (2) In the event the vehicle and its equipment are found to be in safe condition and in full
27 compliance with the law, the officer making the inspection may issue to the driver an official certificate of
28 inspection and approval of the vehicle specifying those parts or equipment that have been inspected and
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 Unofficial Draft Copy
**** As of: 09/18/2024, 01:50:19
69th Legislature 2025 Drafter: Joseph Carroll, **** LC 0244
1 approved. The officer must issue an official certificate of inspection and approval if the driver requests it.
2 (3) In the event the vehicle is found to be in unsafe condition or any required part or equipment is
3 not present or is not in proper repair and adjustment, the officer shall give a written notice to the driver and shall
4 send a copy to the department. The notice must specify the deficiencies and require that the vehicle be placed
5 in safe condition and its equipment in proper repair and adjustment within 5 days, except as provided in
6 subsection (4).
7 (4) For the purpose of 61-9-321 only, the notice must require the engine compression brake device
8 muffler be in proper repair and adjustment within 14 days."
9
10 Section 3. Section 61-9-503, MCA, is amended to read:
11 "61-9-503. Owners and drivers to comply with inspection laws. (1) No person driving a vehicle
12 may refuse to submit the vehicle to an inspection and test when required to do so by the department or an
13 authorized officer or employee of the department.
14 (2) Every owner or driver, upon receiving a notice as provided in 61-9-501, shall comply and have
15 the deficiencies corrected and forward notification of the correction to the department. In lieu of compliance with
16 this subsection, the vehicle may not be operated, except as provided in subsection (3).
17 (3) No person may operate any vehicle after receiving notice except as may be necessary to return
18 the vehicle to the residence, lodging, school, or place of business of the owner or driver, or the residence of a
19 friend or family member if within a distance of 20 miles, or to a garage until the vehicle and its equipment have
20 been placed in proper repair and adjustment and otherwise made to conform to the requirements of this
21 chapter."
22
23 Section 4.Section 3. Section 61-9-511, MCA, is amended to read:
24 "61-9-511. Violation of chapter -- penalty. (1) It is a misdemeanor for any person to violate any of
25 the provisions of this chapter unless the violation is declared to be a felony.
26 (2) A person convicted of a misdemeanor for a violation of any of the provisions of this chapter for
27 which another penalty is not provided shall for a first conviction be punished by a fine of not less than $10 or
28 more than $100. For a second conviction within 1 year, the person shall be punished by a fine of not less than
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 Unofficial Draft Copy
**** As of: 09/18/2024, 01:50:19
69th Legislature 2025 Drafter: Joseph Carroll, **** LC 0244
1 $25 or more than $200. Upon a third or subsequent conviction within 1 year after the first conviction, the person
2 shall be punished by a fine of not less than $50 or more than $500.
3 (3) Except as provided in subsection (4), failure to pay a fine imposed under this chapter is a civil
4 contempt of the court. On failure of payment of a fine, the court may:
5 (a) order enforcement of the fine by execution in the manner provided in 25-13-204 and under the
6 provisions of Title 25, chapter 13; or
7 (b) if the court finds that the person is unable to pay, order the person to perform community
8 service.
9 (4) If property is not found in an amount necessary to satisfy the unpaid portion of the fine and if
10 the court makes a written finding that community service is inappropriate, the person shall be imprisoned in the
11 county jail in the county in which the offense has been committed. The imprisonment shall be the number of
12 days that the fine is divisible by the dollar amount of the incarceration credit contained in 46-18-403.
13 (5) Upon conviction, the court costs or any part of the court costs may be assessed against the
14 defendant in the discretion of the court."
15 - END -
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