What Montana law says about riding an electric dirt bike, question by question. 6 of 6 answered from official text. Where the state has no rule on a question, the page says "No statewide rule found" and what the law does cover.
Published
Reviewed . Sources: Mont. Code Ann. § 23-2-801(1)-(2); Mont. Code Ann. §§ 23-2-804(1), 23-2-814(1), (2)(c), (3), 23-2-802, 23-2-801(1); Mont. Code Ann. §§ 61-9-417(1)(a), 23-2-824(5); Mont. Code Ann. §§ 23-2-824(2), (4)-(5), 23-2-801(1); Mont. Code Ann. §§ 23-2-824(1)-(4), 23-2-821(1)-(3), 23-2-801(1); Mont. Code Ann. § 61-8-102(7).
The answers
Is an electric dirt bike an off-highway vehicle?
Montana defines an off-highway vehicle as a self-propelled vehicle used for recreation or cross-country travel on public lands, trails, easements, lakes, rivers, or streams. The term includes but is not limited to motorcycles, quadricycles, dune buggies, amphibious vehicles, air cushion vehicles, and any other means of land transportation deriving motive power from any source other than muscle or wind. It does not include vehicles designed primarily for travel on, over, or in the water, snowmobiles, or, except as provided in 23-2-804, vehicles otherwise issued a certificate of title and registered under the laws of the state, unless the vehicle is used for off-road recreation on public lands.
An off-highway vehicle may not be operated for off-road recreation on public lands in Montana unless it displays in a conspicuous place a decal, issued by the county treasurer, as visual proof that the registration fee in 61-3-321(5), or the registration and taxation fees for motorcycles and quadricycles subject to licensure under 61-3-321(8), have been paid. "Off-highway vehicle" is a defined term that includes motorcycles. An off-highway vehicle owned by a nonresident may not be operated in Montana unless a nonresident temporary-use permit is obtained: a sticker issued on application and a $35 fee, displayed in a conspicuous manner on the vehicle and valid for the calendar year designated on the permit. The part does not apply to an off-highway vehicle owned or used by the United States or another state or an agency or political subdivision of either; to an off-highway vehicle registered in an adjacent state that does not require payment of a fee to use Montana-registered off-highway vehicles there, when temporarily used in Montana for not more than 30 days; or to a licensed motorcycle or licensed quadricycle used for fishing and hiking access, camping, or picnicking on a visible two-track trail or road within 1 mile of a designated road.
No statewide off-road helmet rule found. The headgear section requires an operator and passenger under 18 years of age of a motorcycle, moped, motorized scooter, or quadricycle operated on the streets or highways of the state to wear protective headgear meeting standards set by the department of justice, and the off-highway vehicle part applies that section to a person under 12 operating a motorcycle or quadricycle on unpaved roads or highways.
That is not the same as no rule: land managers, local governments and tracks set their own, so ask whoever manages the ground before you ride.
Where off-highway vehicle operation on the roadway or shoulder of any public road or highway, state highway, county road, or city street located within the boundaries of any municipality is authorized under 23-2-824(2), the operator must have in possession a license to drive a motor vehicle issued under Title 61, chapter 5. An operator is exempt from that license rule if the person is under 16 but at least 12, has in possession a certificate showing successful completion of an off-highway vehicle safety education course approved by the department of fish, wildlife, and parks, is in the physical presence of a person who possesses a license to drive a motor vehicle, and is operating a motorcycle or quadricycle that is not subject to Title 61, chapter 9. A person under 12 may operate a motorcycle or quadricycle on unpaved roads or highways if the person is accompanied by an adult and the motorcycle or quadricycle is operated in a reasonable and prudent manner; 61-9-417 applies to that operation. "Off-highway vehicle" is a defined term that includes motorcycles.
A person may operate an off-highway vehicle on a controlled-access highway or facility only if the vehicle is registered and licensed under 61-3-301 and the operator possesses a driver's license issued under Title 61, chapter 5. "Off-highway vehicle" is a defined term that includes motorcycles. Operation on the roadway or shoulder of any public road or highway, state highway, county road, or city street located within the boundaries of any municipality takes place only if the operator has received permission or is otherwise authorized by the municipality for town or city streets, the board of county commissioners for county roads, or the state highway patrol for all other highways, or if a municipal ordinance authorizes operation on municipal streets. For that operation the vehicle must have at least one headlamp and one taillamp, lighted at all times during operation, and a suitable braking device operable by hand or foot (a motorcycle or quadricycle not subject to Title 61, chapter 9 is exempt), and the operator must have a driver's license in possession, except as subsection (4)(b) provides for a person under 16 but at least 12. An off-highway vehicle may make a direct crossing of a public road when the crossing is necessary to get to another authorized area of operation, at an angle of approximately 90 degrees to the direction of traffic at a place where no obstruction prevents a quick and safe crossing, after a complete stop and yielding the right-of-way to all oncoming traffic. It may not be operated on or across an interstate highway. It may be operated on or across a forest development road if the United States forest service has designated and approved the road for off-highway vehicle use.
Montana defines an electrically assisted bicycle as a vehicle on which a person may ride that has two tandem wheels and an electric motor capable of propelling the vehicle and a rider who weighs 170 pounds no faster than 20 miles an hour on a paved, level surface.
This page restates state law in plain words and links the text it came from. It is not legal advice. Cities, counties and the agencies that manage federal land (the Bureau of Land Management and the Forest Service) add rules of their own, so check with whoever manages the ground you plan to ride.
