What You Need to Know about Montana UTV Laws
In Montana, "UTVs" are generally referred to in the statutes as "Off-road vehicles." Montana does not specifically mention Montrail or Polaris RZR vehicles by name in their statutes, although the definition of Off-Road Vehicles captures these vehicles broadly. But the definition used in Montana’s statutes is really quite broad:
(1) "Off-highway vehicle" means any of the following vehicle types:
(a) two-wheel drive and four-wheel drive motor vehicles capable of cross-country travel on natural terrain, including but not limited to sport utility vehicles, all-terrain-type vehicles, and recreational off-highway vehicles;
(b) motorcycles;
(c) ATVs; or
(d) trucks or pickups.
The breadth of this definition is significant because it includes some of the most common off-road vehicles that folks are out adapting for street use, especially ATVs, UTVs, and other OHRV of all types. With the broad grouping of "off-highway vehicles" you’ll likely find that your vehicle is governed by the requirements necessary to meet compliance with the regulations that are grouped under a "motor vehicle." Be careful about that legal distinction.
The law then goes on to exclude other forms of vehicles. And Montana also has a set of definitions that further delineates the groups of vehicles that are restricted, and those that have greater needs based on their capabilities. Here’s how it’s divided:
(2)(a) "Motor vehicle" means a self-propelled motor-driven or -controlled vehicle designed primarily for use and operation on the highways of this state as defined in 61-1-102 and is not registered with the state as an off-highway vehicle.
(b) The term does not include a snowmobile as defined in 61-6-102 , an off-highway vehicle, or a motorcycle as defined in 61-1-106.
If you’re confusing these definitions it’s important to note that Snowmobiles, ATVs, and UTVs are generally classed within the same family of vehicles with similar requirements, whereas motorcycles are largely treated separately. Thus if you’re driving a motorcycle you may not be subject to some laws that govern UTVs (and vice versa, to a certain extent).
From my experience, when people think of the term "UTV" they are also possibly conflating that with the "Recreational Off-Highway Vehicle", which is defined within Montana law as:
(5)(a) "Recreational off-highway vehicle" means a motorized off-highway vehicle that is:
(i) designed to travel on four wheels and is 64 inches or less in width;
(ii) capable of exceeding 50 inches or more in travel width; and
(iii) manufactured for recreational purposes to carry a driver and passenger, not including a farm-type tractor.
The recreational off-highway vehicles are classed within the same family as ATVs, UTVs, and similar vehicles and are dependent upon a similar set of laws for their street use requirements.
Be aware of these terms, and take the time to make sure that you are using the correct language and terminologies for your own vehicle. There are still very few cases interpreting Montana UTV law, but those cases will largely have to do with the way that the law determines the definitions of these vehicles, and where they fit into individual regulatory categories.
Equipment Necessary for a Street Legal UTV
The law governing requirements for street legal UTVs is found at 61-9-420, Montana Code Annotated, and provides that a UTV operated on public roads must be equipped with factory-installed or equivalent safety equipment as follows:
- (1) turn signal lamps;
- (2) headlamps;
- (3) taillamps;
- (4) stop lamps;
- (5) rearview and side mirrors;
- (6) a windshield;
- (7) an operator protection system that meets or exceeds the manufacturer’s requirements; and
- (8) safety belts for each occupant.
Not only must a UTV operator install the mandatory equipment, but also the equipment must comply with the provisions of 61-9-420, MCA.
As an example, if the UTV is equipped with a turn signal, the turn signal must be:
(a) filed with and approved by the vehicle equipment administrator, Department of Justice;
(b) capable of being unambiguously distinguished from a turn signal used on a motorcycle; and
(c) visible from a distance of 500 feet under normal atmospheric conditions.
The law provides that an enforcement officer may not enforce the limitations and requirements of this section when a UTV is manufactured for other recreational purposes and is operating off-road.
Registration and Insurance Set Forth by Law
Before you can legally use a UTV on public roads and highways in Montana, you must ensure it is registered with the Montana Department of Justice (DOJ) and that you are properly insured. Here’s what this entails.
Registering your UTV
Most UTVs require registration with the Montana DOJ before they can legally drive on public roads. While registered ATVs are the most common UTVs in the state, UTVs may also include other vehicles like golf carts or side-by-sides. Registration is in addition to obtaining any required permits through your local state county clerk and recorder.
Registration is $37 and is done through your local county clerk and recorder’s office. Both registration and permits are required to use the vehicle on public roads. This registration is valid for up to two years, but many are one year, depending on the date you register. No vehicle inspection is needed for registration to occur.
Necessary paperwork includes proof of identification (such as a driver’s license), proof of residency, proof of purchase, and the UTV’s title, if applicable. Registration must be paid for via cash, check, or credit.
Insurance for your UTV
Everyone who registers a UTV must have insurance coverage to use the vehicle on roads. Montana mandates all UTV owners obtain liability insurance coverage worth $25,000 to cover property damage, $50,000 to cover for bodily injury and another $50,000 for injury to more than one person and up to $100,000 total per accident.
When registering your UTV with your local state county clerk and recorder’s office, you’ll need to provide the following information:
Although this information may sound extensive, much of it is synonymous with the details requested in your vehicle’s title and registration, which you should already have processed. If you do not yet own a UTV, be sure to review the title transfer process so that you have all the proper information ready to go through the DMV.
By properly registering your UTV with the Montana DOJ and having the proper amount of insurance coverage, you can drive your UTV on public roads in the state legally.
Age and Licensing Specifications
Montana does impose age and licensing requirements for those who intend to operate their UTVs on public roads and highways in a manner that complies with the law.
According to § 61-8-411 of the Montana Code Annotated (MCA), "a person may not operate a vehicle or allow a vehicle to be driven upon a highway if the person is not licensed and has not obtained driving privileges as required by Title 61, generally."
In Montana, you must be 15 years of age or older to obtain a learner’s permit, which is not to be confused with an instruction permit, which can be obtained as early as 11 years of age. § 61-5-102, MCA. However, to obtain a learner’s permit, you must be 15 years or older and pass a written test. § 61-5-113, MCA. Additionally, you must have held an instruction permit for a minimum of six (6) months to obtain a learner’s permit. § 61-5-108, MCA.
A learner’s license is available to those who are at least 18 years of age and have held an introduction permit for at least six months. § 61-5-109, MCA. A minor, defined as a person under the age of 18, must have held an instruction permit for a minimum of twelve months to obtain a minor learner’s license. § 61-5-116(1)(c), MCA. While a minor learner’s license is valid for three (3) years, a learner’s license is valid for a period of five (5) years. § 61-5-115(5) & § 61- 5-122(1), MCA.
If you are under eighteen (18) years of age, you must complete a basic driver education course as a prerequisite to obtaining a learner’s permit. § 61-5-112(1), MCA. You also must maintain enrollment in a basic driver education course or other education course as directed by the Department of Justice – Motor Vehicle Division if you are under eighteen (18) years of age and hold either a learner’s permit or a minor learner’s license. § 61-5-111(6), MCA. To comply with driving restrictions placed on your minor learner’s license or learner’s license, you must be accompanied by a qualified parent or guardian if you are under eighteen (18) years of age. § 61-5-109(3), ¶ (a), MCA. In addition to basic driver education, you must possess a driver’s medical evaluation on forms provided by the Department of Justice – Motor Vehicle Division. § 61-5-106, MCA.
If you are over eighteen (18) years of age and wish to obtain a standard driver’s license, you must meet the eligibility requirements of § 61-5-103, MCA.
Places You Can and Cannot Drive a UTV
Not all streets, roads, and highways in Montana allow UTVs to traverse them, even if the UTV is street legal. While state statute is fairly liberal in allowing UTVs on public roads and while the Montana Department of Justice has interpreted the statute to say that any public street or road not specifically prohibited can be used by UTVs, that is absolutely not the case when it comes to individual counties and municipalities in Montana. There is a patchwork of rules and regulations throughout the state regarding UTVs being allowed on roadways. Therefore, you should always check with the county and city where you plan to operate your UTV to ensure operations are allowed.
In general , you will want to avoid driving on Interstate highways, scenic byways, and highways with a separate paved right-of-way. You would also be wise to avoid areas with high vehicle traffic, including roadways in downtown areas, as well as certain roads intersecting with those heavily traveled roads. Roadways going into and out of National Parks or other Federal Lands are typically out of bounds for UTVs, however, UTVs are allowed on state owned trails adjacent to the roadways and on forest service roads if the road is left unplowed during the winter months and there is no other access.
Common Issues and Helpful Advice
While the process of making your UTV street legal in Montana can be straightforward, some owners encounter challenges along the way. One common issue is ensuring the UTV has the required safety features and accessories, such as turn signals and a rearview mirror. Some owners may find that these items are not standard on their UTV model and may have to purchase them separately, which can add to the costs.
Another potential hurdle is the legal process itself. Each county in Montana may have its own specific requirements and procedures for registration, which can create confusion if you move from one county to another or if you purchase a used UTV from a different county.
To address these challenges, consider these tips:
- Do Your Research: Before purchasing a UTV, check with local motor vehicle departments or the Montana Department of Justice to understand what you will need to make the vehicle street legal.
- Make a List: Once you know the requirements, make a checklist of all the necessary accessories and features you need to add to the UTV. This can help you budget and simplify the installation process.
- Verify County Requirements: If you plan to move or travel frequently, research and save the requirements for the different counties you may be traveling to or living in. Keep a copy on hand for easy access.
- Seek Expert Help: If you’re unsure about any of the legal requirements or face difficulties with the process, don’t hesitate to consult a legal expert. They can help ensure you meet the necessary standards.
Penalties for Not Following the Law
Failing to meet the requirements for street legality, whether through omission or neglect, could mean non-compliance with Montana’s vehicle laws. If you’re driving illegally, you could face a few consequences: Citations: There are over 70 legislative citations relating to UTVs, and while not all are relevant to street legality, not complying with even a single one could potentially lead to a citation. Fines: Just like citations, the fines vary from the hundreds of dollars to the thousands . Where the fines incur is also dependent on the local laws of your area: fines in Kalispell and in Billings are going to be different. Increased penalties: After the initial fine, you may find yourself with an increase in penalties for any repetition of the same violation. It’s important to make sure that you fix the problem as soon as possible after a citation. The bottom line is that there are costs to be incurred beyond the few hundred dollars on the initial equipment change, something you should avoid wherever possible when there are often ways to circumvent your need to comply.