Section 61-11-203 - Definitions - habitual traffic offenders - point schedule(1) As used in this part, the following definitions apply: (a) "Conviction" has the meaning provided in 61-5-213 resulting from a violation of traffic regulations on highways in this state or a traffic statute or traffic regulation in another jurisdiction.(b) "Habitual traffic offender" means any person who within a 3-year period accumulates 30 or more conviction points according to the schedule specified in subsection (2).(c) "License" means any type of license or permit to operate a motor vehicle.(d) "Moving violation" means a violation of a traffic regulation of this state or another jurisdiction by a person while operating a motor vehicle or in actual physical control of a motor vehicle upon a highway.(e) "Traffic regulation" includes any provision governing motor vehicle operation, equipment, safety, or driver licensing. A traffic regulation does not include provisions governing vehicle registration or local parking.(2) Subject to subsection (3), when the department receives a report of conviction, the department shall assign points based on the point schedule to determine whether an individual is a habitual traffic offender, as follows: (a) deliberate homicide resulting from the operation of a motor vehicle, 15 points;(b) mitigated deliberate homicide, negligent homicide resulting from operation of a motor vehicle, or negligent vehicular assault, 12 points;(c) any offense punishable as a felony under the motor vehicle laws of Montana or any felony in the commission of which a motor vehicle is used, 12 points;(d) driving while under the influence of intoxicating liquor or narcotics or drugs of any kind, 10 points;(e) operating a motor vehicle while the license to do so has been suspended or revoked, 6 points;(f) failure of the driver of a motor vehicle involved in an accident resulting in death or injury to any person to stop at the scene of the accident and give the required information and assistance, 8 points;(g) willful failure of the driver involved in an accident resulting in property damage of $1,000 to stop at the scene of the accident and give the required information or failure to otherwise report an accident in violation of Title 61, chapter 7, 4 points;(h) reckless driving, 5 points;(i) illegal drag racing or engaging in a speed contest in violation of the law, 5 points;(j) any of the mandatory motor vehicle liability protection offenses, 5 points;(k) operating a motor vehicle without a license to do so, 2 points. However, this subsection (2)(k) does not apply to operating a motor vehicle within a period of 180 days from the date the license expired.(l) speeding, except as provided in 61-8-725(2)(a), 3 points;(m) all other moving violations, 2 points.(3) If there are two or more convictions involving a single occurrence, only the number of points for the specific conviction carrying the highest points is chargeable against that defendant.Amended by Laws 2019, Ch. 445,Sec. 11, eff. 5/10/2019.Amended by Laws 2015, Ch. 395, Sec. 5, eff. 10/1/2015.En. 31-177 by Sec. 3, Ch. 362, L. 1974; amd. Sec. 48, Ch. 359, L. 1977; R.C.M. 1947, 31-177(1), (2), (5); amd. Sec. 1, Ch. 519, L. 1979; amd. Sec. 12, Ch. 698, L. 1983; amd. Sec. 124, Ch. 370, L. 1987; amd. Sec. 2, Ch. 335, L. 1989; amd. Sec. 6, Ch. 365, L. 1993; amd. Sec. 4, Ch. 393, L. 1995; amd. Sec. 7, Ch. 43, L. 1999; amd. Sec. 20, Ch. 309, L. 1999; amd. Sec. 24, Ch. 395, L. 1999; amd. Sec. 3, Ch. 218, L. 2001; amd. Sec. 6, Ch. 329, L. 2003; amd. Sec. 11, Ch. 556, L. 2003; amd. Sec. 33, Ch. 428, L. 2005; amd. Sec. 231, Ch. 542, L. 2005; amd. Sec. 1, Ch. 155, L. 2009; amd. Sec. 31, Ch. 19, L. 2011.