Montana § 80-7-1019 - Enforcement

§ 80-7-1019. Enforcement

Enforcement. (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.