Table of Contents TITLE 23. PARKS, RECREATION, SPORTS, AND GAMBLING CHAPTER 2. RECREATION Part 6. Snowmobiles

Edition 1995 Other editions

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23-2-601 — Definition of terms 23-2-602 — Report of stolen and reco... 23-2-611 — Certificate of ownership... 23-2-612 — Transfer of interest 23-2-613 — Lost or mutilated certifi... 23-2-614 — Exemptions 23-2-615 — Nonresident temporary-use... 23-2-616 — Registration and decals -... 23-2-617 — Duplicate decal 23-2-618 — Application for registrat... 23-2-619 — Dealer registration certi... 23-2-620 — Mail renewal and recertif... 23-2-621 — Registration of a snowmob... 23-2-622 — Registration of racing sn... 1 23-2-631 — Operation on public roads... 23-2-632 — Unlawful operation of sno... 23-2-633 — Other unlawful operation 23-2-634 — Regulation of snowmobile... 23-2-635 — Accidents involving snowm... 1 23-2-641 — Enforcement 23-2-642 — Penalties 23-2-643 — Regulation by local gover... 23-2-644 — Deposit of funds from fin... 1 23-2-651 — Purpose 23-2-652 — Definitions 1 23-2-653 — Snowmobile area operators... 1 23-2-654 — Snowmobiler's assumption... 23-2-655 — Maintenance of rental sno... 23-2-656 — Effect of comparative neg...

Mont. Code Ann. § 23-2-653

(1995)

Snowmobile area operators -- duties -- restriction on liability

(1) The person responsible for the maintenance of or operation of a snowmobile area shall mark all trail maintenance vehicles and furnish the vehicles with flashing or rotating lights that must be in operation whenever the vehicles are working or are in movement in the snowmobile area.

(2) A snowmobile area operator is liable for death or injury to a snowmobiler or other person or property only for an act or omission that constitutes gross negligence.

(3) Except as provided in this section, a snowmobile area operator has no duty to eliminate, alter, control, or lessen the risk inherent in the sport of snowmobiling. A snowmobile area operator who attempts to eliminate, alter, control, or lessen the risk inherent in the sport of snowmobiling is liable only for an act or omission that constitutes gross negligence.

Opinions construing this section

1 opinion

2007 MT 293 Nov 7, 2007 Unknown opinion

Oberson, et al. v. Us Dept. of Agriculture, et al. v. Leinberger, et al

Majority by Brian Morris · 4 to 3 with 3 concurring

hazardous hill because “a snowmobile area operator has no duty to eliminate, alter, control, or lessen the risk inherent in the sport of snowmobiling,” § 23-2-653(3), MCA. The court rejected both affirmative defenses. The court concluded with respect to the latter that the hill at issue was not one of the risks “inherent in th

2007 MT 293 Nov 7, 2007 Unknown opinion

Oberson, et al. v. Us Dept. of Agriculture, et al. v. Leinberger, et al

Concurring by W. William Leaphart · 4 to 3 with 3 concurring

ly concur only to point out that in ¶ 22, the Court notes that “Oberson has proven, beyond a reasonable doubt, that the ‘gross negligence’ provision in § 23-2-653, MCA (1995), is ‘overbroad,’ extends ‘beyond’ its stated purpose and fails to pass rational basis review.” This Court has applied this “beyond a reasona

Official Annotations archive.org, 1995 edition

History:

EnactedEn. SectionSec. 3, ChapterCh. 440, Laws ofL. 1987

Source text on leg.mt.gov