61-8-101. Application -- exceptions. - Montana Statutes

     61-8-101. Application -- exceptions. (1) 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 use by the public.
     (2) The provisions of this chapter relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except:
     (a) where a different place is specifically referred to in a given section;
     (b) the provisions of 61-8-301 and 61-8-401(1)(b), (1)(c), 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 61-8-401 except subsections (1)(b), (1)(c), and (2) thereof, and 61-8-402 through 61-8-405, with regard to operating a vehicle while under the influence of alcohol, apply upon 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, shall not be considered to be the operation of such vehicles on the public roads and highways of this state or on ways of this state open to the public, provided that such crossings are adequately marked with warning signs or devices. Such 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.