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Current as of January 01, 2024 | Updated by Findlaw Staff
(1) Except as provided in subsection (2), a peace officer, as defined in 45-2-101, may:
(a) stop the driver of a vehicle transporting a vessel or equipment on receiving a complaint or observing that the driver failed to stop at a check station as required under this part;
(b) upon particularized suspicion that a vessel or equipment is infested with an invasive species, require the driver of a vehicle transporting a vessel or equipment to submit the vessel or equipment to an inspection. The peace officer may conduct mandatory inspections of any interior portion of a vessel or equipment that may contain water for compliance with this part and rules adopted under this part only if:
(i) the peace officer obtains a search warrant, as defined in 46-1-202; or
(ii) the vessel or equipment is physically located within the boundaries of an invasive species management area established under 80-7-1008 or the statewide invasive species management area established in 80-7-1015 and use of mandatory inspections has been included in quarantine measures established pursuant to 80-7-1008(3)(b)(i) or rules adopted under 80-7-1007.
(c) cite a person for a violation of this part.
(2)(a) A peace officer may not require a driver who may be in violation of the requirements of 80-7-1010(2) and 80-7-1015(7) to stop except on reasonable cause to believe:
(i) that the driver violated a traffic regulation or another provision of this part; or
(ii) that the driver's vehicle is unsafe or not equipped as required by law.
(b) A driver found to be in violation of 80-7-1010(2) or 80-7-1015(7) may correct the violation in the presence of the officer and be deemed in compliance. A correction made pursuant to this subsection (2)(b) may not impact any state waters.
Cite this article: FindLaw.com - Montana Title 80. Agriculture § 80-7-1019. Enforcement - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-80-agriculture/mt-st-80-7-1019/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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