Mont. Code Ann. » TITLE 61. MOTOR VEHICLES · CHAPTER 6. RESPONSIBILITY OF VEHICLE USERS AND OWNERS · Part 3. Mandatory Liability Protection
Montana Code Annotated

Mont. Code Ann. § 61-6-304 (2026)

Penalties

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 61
  3. CHAPTER 6
  4. Part 3
  5. 61-6-304 Penalties

TITLE 61. MOTOR VEHICLES

CHAPTER 6. RESPONSIBILITY OF VEHICLE USERS AND OWNERS

Part 3. Mandatory Liability Protection

Penalties

61-6-304. Penalties. (1) Conviction of a first offense under 61-6-301 or 61-6-302 is punishable by a fine of not less than $250 or more than $500. A second conviction is punishable by a fine of $350. A third or subsequent conviction is punishable by a fine of $500 or by imprisonment in the county jail for not more than 10 days, or both.

(2) Upon a second or subsequent conviction under 61-6-301 or 61-6-302, the sentencing court shall order the surrender of the vehicle registration receipt and license plates for the vehicle operated at the time of the offense if that vehicle was operated by the registered owner or a member of the registered owner's immediate family or by a person whose operation of that vehicle was authorized by the registered owner. The court shall report the surrender of the registration receipt and license plates to the department, which shall immediately suspend the vehicle's registration. The vehicle's registration status may not be reinstated until proof of compliance with 61-6-301 is furnished to the department, but if the vehicle is transferred to a new owner, the new owner is entitled to register the vehicle. The surrendered license plates must be recycled or destroyed by the court unless the court decides to retain the license plates for the owner until the registration suspension has been completed or the requirements for a restricted registration receipt have been met. Upon proof of compliance with 61-6-301 and payment of fees required under 61-3-333 for replacement license plates and registration decal and under 61-3-341 for a replacement registration receipt, during the period of 90 days from the date of a second conviction or 180 days from the date of a third or subsequent conviction, the department shall issue a restricted registration receipt to the offender. A restricted registration receipt limits the use of the motor vehicle operated at the time of the offense to use solely for employment purposes until the date indicated on the restricted registration receipt.

(3) Upon a fourth or subsequent conviction under 61-6-301 or 61-6-302, the court shall order the surrender of the driver's license of the offender, if the vehicle operated at the time of the offense was registered to the offender or a member of the offender's immediate family. The court shall send the driver's license, along with a copy of the complaint and the dispositional order, to the department, which shall immediately suspend the driver's license. The department may not reinstate a driver's license suspended under this subsection until the registered owner provides the department proof of compliance with 61-6-301 and the department determines that the registered owner is otherwise eligible for licensure.

(4) An offender is considered to have been previously convicted for the purposes of sentencing if less than 5 years have elapsed between the commission of the present offense and a previous conviction.

History: En. Sec. 4, Ch. 592, L. 1979; amd. Sec. 2, Ch. 409, L. 1981; amd. Sec. 178, Ch. 575, L. 1981; amd. Sec. 3, Ch. 212, L. 1985; amd. Sec. 1, Ch. 440, L. 1985; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 1, Ch. 155, L. 1987; amd. Sec. 5, Ch. 365, L. 1993; amd. Sec. 3, Ch. 393, L. 1995; amd. Sec. 1, Ch. 534, L. 1995; amd. Sec. 1, Ch. 452, L. 1997; amd. Sec. 1, Ch. 394, L. 2005; amd. Sec. 56, Ch. 329, L. 2007; amd. Sec. 35, Ch. 321, L. 2017.

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1982–2025 · leading case: Bill Atkin Volkswagen, Inc. v. McClafferty, 689 P.2d 1237 (Mont. 1984).
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Bill Atkin Volkswagen, Inc. v. McClafferty, 689 P.2d 1237 (Mont. 1984). · cites it 12× “They contend that section 61-6-304, MCA requires operators of motor vehicles to maintain liability coverage and that McClafferty did so through his Safeco policy.”
State v. Murray, 2011 MT 10 (Mont. 2011). · cites it 6× “¶ 18 Issue 2: Whether the District Court erred when it sentenced Murray for operating a motor vehicle without liability insurance? ¶ 19 Section 61-6-301(4), MCA, provides that it is unlawful for a person to operate a motor vehicle upon ways of this state open to the public…”
State v. Clark, 2000 MT 40 (Mont. 2000). · cites it 6× “Under § 61-6-304, MCA (1993), a third or subsequent conviction of operating a vehicle without valid liability insurance is punishable by a fine of $500 or by imprisonment in the county jail for not more than 10 days, or both.”
Ulrigg v. Jones, 907 P.2d 937 (Mont. 1995). · cites it 2× “Under Jodie’s theory, an action may be brought against the owner of a motor vehicle directly to invoke insurance coverage because the controlling statutes, the Motor Vehicle Safety-Responsibility Act, § 61-6-101 through § 61-6-304, MCA, (the Act) while, not imputing negligence…”
State v. Kipp, 1999 MT 197 (Mont. 1999). · cites it 2× “means available, in violation of § 61-7-108, MCA (1995); failure to stop and identify herself after striking an unattended vehicle, in violation of § 61-7-106, MCA (1995); driving while *401 her privilege to do so was suspended or revoked, in violation of § 61-5-212(1), MCA…”
Omaha Prop. & Cas. Co. v. Crosby, 756 F. Supp. 1380 (D. Mont. 1990). · cites it 4× “In fact, under Mont.Code Ann. § 61-6-304, Crosby would have been criminally liable if she operated the Chevrolet in Montana without liability insurance.”
State v. Folda, 885 P.2d 426 (Mont. 1994). · cites it 9× “Defendant Dean Wade Folda was convicted in Yellowstone County Justice Court of four counts of operating a motor vehicle without liability insurance, in violation of § 61-6-304, MCA; four counts of operating an unregistered motor vehicle, in violation of § 61-3-301, MCA; and one…”
State v. Pollack, 1998 MT 105 (Mont. 1998). · cites it 2× “The original citation mistakenly charged Pollack with driving without proper insurance in violation of § 61-6-304(1), MCA, which is the penalty provision for driving without insurance.”
State v. Turk, 643 P.2d 224 (Mont. 1982). “He must certify the same to the county treasurer before he can register the vehicle.”
State v. Carter-Brueggeman, 2025 MT 193 (Mont. 2025). · cites it 2× “See § 61-3-301, MCA (registration); § 61-6-304, MCA (insurance). Such safety-based impoundments are administrative in character and do not require probable cause of contraband.”
State v. Walker, 359 Mont. 102 (Mont. 2010). · cites it 2× “However, The Division finds that sentence in Count III of the Judgment is clearly excessive as the sentence imposed does not comply with §61-6-304, MCA; the admonitions given in the Acknowledgment of Waiver of Rights to the defendant; and the advisement of the maximum penalty…”
City of Hamilton v. Roche (Mont. 1996). · cites it 3× “In addition, § 61-6-304, MCA, authorizes a maximum fine of $350 for the second offense of operating a motor vehicle without liability insurance.”
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Mont. Code Ann. § 61-6-304(1): 3 cases
State v. Murray, 2011 MT 10 (Mont. 2011). “¶ 18 Issue 2: Whether the District Court erred when it sentenced Murray for operating a motor vehicle without liability insurance? ¶ 19 Section 61-6-301(4), MCA, provides that it is unlawful for a person to operate a motor vehicle upon ways of this state open to the public…”
State v. Kipp, 1999 MT 197 (Mont. 1999). “means available, in violation of § 61-7-108, MCA (1995); failure to stop and identify herself after striking an unattended vehicle, in violation of § 61-7-106, MCA (1995); driving while *401 her privilege to do so was suspended or revoked, in violation of § 61-5-212(1), MCA…”
State v. Pollack, 1998 MT 105 (Mont. 1998). “The original citation mistakenly charged Pollack with driving without proper insurance in violation of § 61-6-304(1), MCA, which is the penalty provision for driving without insurance.”
Mont. Code Ann. § 61-6-304(l): 1 case
City of Hamilton v. Roche (Mont. 1996). “In addition, § 61-6-304, MCA, authorizes a maximum fine of $350 for the second offense of operating a motor vehicle without liability insurance.”
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