Montana Code Annotated

Mont. Code Ann. § 61-8-101 (2026)

Application

✓ current as of May 2026

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TITLE 61. MOTOR VEHICLES

CHAPTER 8. TRAFFIC REGULATION

Part 1. General Provisions

Application

61-8-101. Application. (1) Interpretation of this chapter in this state must be as consistent as possible with the interpretation of similar laws in other states.

(2) The provisions of this chapter relating to the operation of vehicles refer exclusively to the operation of vehicles on highways except:

(a) where a different place is specifically referred to in a given section;

(b) the provisions of 61-8-301 and 61-8-1002(1) and (2), with regard to operating a vehicle while under the influence of drugs, apply anywhere within this state;

(c) the provisions of 61-8-301 and 61-8-1002, except under the influence of a dangerous drug and 61-8-1002(2), with regard to operating a vehicle while under the influence of alcohol, apply on all ways of this state open to the public.

(3) The operation of motor vehicles directly across the public roads and highways of this state, especially as required in the transportation of natural resource products, including agricultural products and livestock, may not be considered to be the operation of the vehicles on the public roads and highways of this state or on ways of this state open to the public, provided that the crossings are adequately marked with warning signs or devices. The crossings are subject to provisions relating to stopping before entry and to restoration of any damage as may reasonably be prescribed by the state or local agency in control of safety of operation of the public highway involved.

History: (1)En. Sec. 22, Ch. 263, L. 1955; Sec. 32-2124, R.C.M. 1947; (2)En. Sec. 4, Ch. 247, L. 1959; Sec. 32-2124.1, R.C.M. 1947; R.C.M. 1947, 32-2124(part), 32-2124.1; amd. Sec. 65, Ch. 421, L. 1979; amd. Sec. 1, Ch. 659, L. 1983; amd. Sec. 3, Ch. 698, L. 1983; amd. Sec. 2, Ch. 282, L. 2011; amd. Sec. 38, Ch. 498, L. 2021; amd. Sec. 3, Ch. 23, L. 2025.

Notes of Decisions

Cited in 14 cases (2 in the last 5 years), 1986–2024 · leading case: State v. Weis, 945 P.2d 900 (Mont. 1997).

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State v. Weis, 945 P.2d 900 (Mont. 1997). · cites it 14× “eis’s concession that he was under the influence of alcohol while driving or in actual physical control of his vehicle, the only issue before the District Court, and now before this Court on appeal, involves whether Boulder Lane, on which Weis was driving at the time of his…”

Hayes v. State, 2005 MT 148 (Mont. 2005). · cites it 19× “Hayes claimed that he did not violate the implied consent law because the parking lot of the Caboose was privately owned and did not constitute a “way of this state open to the public” pursuant to the provisions of §61-8-101, MCA. ¶6 The lot on which the Caboose is located has a…”

State v. C. Krause, 2021 MT 24 (Mont. 2021). · cites it 19× “¶14 The Montana Legislature has provided that “ways of this state open to the public” means “any highway, road, alley, lane, parking area, or other public or private place adapted and fitted for public travel that is in common use by the public.”

State v. Mooney, 2006 MT 121 (Mont. 2006). · cites it 6× “” Section 61-8-101(1), MCA. ¶20 The State presented testimony that Mooney repeatedly appeared at Ruffs front door on December 14, 2002, communicating that his vehicle had crashed into Ruffs fence.”

City of Whitefish v. Large, 2003 MT 322 (Mont. 2003). · cites it 6× “” Section 61-8-101, MCA. In Schwein, we applied that definition to uphold the conviction of a man found sleeping in his car parked in his privately leased parking space in front of his business.”

Santee v. State, Dept. of Just., Motor Veh. Div., 883 P.2d 829 (Mont. 1994). · cites it 7× “He contends that the American Bank parking lot is not a way open to the public, thus he was not subject to the provisions of the implied consent law. A Montana statute defines “ways of this state open to the public” as “any highway, road, alley, lane, parking area, or other…”

Suspension of Driver's License of Gebhardt v. State, 775 P.2d 1261 (Mont. 1989). · cites it 3× “” Section 61-8-101(1), MCA, defines this phrase in the following manner: “As used in this chapter, ‘ways of this state open to the public’ means any highway, road, alley, lane, parking area, or other public or private place adapted and fitted for public travel that is in common…”

City of Billings v. Peete, 729 P.2d 1268 (Mont. 1986). · cites it 4× “” “Ways of this state open to the public” is defined at Section 61-8-101(1), MCA, as “any highway, road, alley, lane, parking area, or other public or private place adapted and fitted for public travel that is in common use by the public.”

State v. Schwein, 2000 MT 371 (Mont. 2000). · cites it 4× “2d at 902 (citing § 61-8-101(1), MCA). ¶15 Our decision in City of Billings v.”

State v. Sirles, 2010 MT 88 (Mont. 2010). · cites it 3× “¶18 It is unlawful for a person who is under the influence of alcohol to “drive or be in actual physical control of a vehicle upon the ways of this state open to the public.” Section 61-8-401, MCA.”

State v. Maki, 2004 MT 226 (Mont. 2004). · cites it 4× “Relying on statements made to him by a woman at Malstrom Air Force Base who told him that the area in which he was parked was an easement on the missile site, Maki argued that he was not on a “way[] of this state open to the public” as defined by § 61-8-101(1), MCA. The court…”

State v. W. McClellan, 2024 MT 276 (Mont. 2024). · cites it 2× “See § 61-8-1002(1)(a), MCA (“(1) A person commits the offense of driving under the influence if the person drives or is in actual physical control of: (a) a vehicle or a commercial motor vehicle upon the ways of this state open to the public while under the influence of alcohol,…”

Show all 14 citing cases →

— Mont. Code Ann. § 61-8-101(1) — 13 cases

State v. Weis, 945 P.2d 900 (Mont. 1997). “eis’s concession that he was under the influence of alcohol while driving or in actual physical control of his vehicle, the only issue before the District Court, and now before this Court on appeal, involves whether Boulder Lane, on which Weis was driving at the time of his…”

Hayes v. State, 2005 MT 148 (Mont. 2005). “Hayes claimed that he did not violate the implied consent law because the parking lot of the Caboose was privately owned and did not constitute a “way of this state open to the public” pursuant to the provisions of §61-8-101, MCA. ¶6 The lot on which the Caboose is located has a…”

State v. C. Krause, 2021 MT 24 (Mont. 2021). “¶14 The Montana Legislature has provided that “ways of this state open to the public” means “any highway, road, alley, lane, parking area, or other public or private place adapted and fitted for public travel that is in common use by the public.”

State v. Mooney, 2006 MT 121 (Mont. 2006). “” Section 61-8-101(1), MCA. ¶20 The State presented testimony that Mooney repeatedly appeared at Ruffs front door on December 14, 2002, communicating that his vehicle had crashed into Ruffs fence.”

Santee v. State, Dept. of Just., Motor Veh. Div., 883 P.2d 829 (Mont. 1994). “He contends that the American Bank parking lot is not a way open to the public, thus he was not subject to the provisions of the implied consent law. A Montana statute defines “ways of this state open to the public” as “any highway, road, alley, lane, parking area, or other…”

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