Montana syllabus › Safety, penalties and the law in Montana › Seat belts, child seats and phone laws in Montana
Part 3 · Safety, penalties and the law in Montana

Seat belts, child seats and phone laws in Montana

Seat belts are the single best protection in a crash, and Montana requires every occupant to wear one. The rules are even stricter for teen drivers, who are responsible for every person in their car.

Montana is unusual on phones: there is no statewide texting or handheld ban, but several cities have their own rules, and distracted driving can still lead to a careless driving ticket.

By the end of this topic you can

  • You can explain who must wear a seat belt in Montana.
  • You can choose the right child restraint for a child's age and size.
  • You can describe the extra seat belt rules for learner and restricted teen drivers.
  • You can explain how phone use is regulated in Montana and how to avoid distraction.

What you need to know and understand

  • The driver must make sure every occupant in a seating position is belted or in the correct child restraint.
  • A seat belt violation is a $20 fine and is not recorded on your driving record.
  • Officers generally cannot stop you for a belt violation alone, except when a child under 6 who weighs under 60 pounds is not properly restrained.
  • Under 2: rear-facing child seat. Ages 2 to 4: rear- or forward-facing seat with a harness.
  • Ages 4 to 8: forward-facing harness seat or a booster used with a lap-shoulder belt.
  • At 9, or once a child outgrows the booster's limits, an adult belt is used.
  • A teen with a restricted license may not carry more people than there are seat belts.

Belts for every seat

Montana's belt law covers every occupant, front and back. Exceptions are narrow, such as a written medical exemption or all belts already being in use. Teen drivers have no such flexibility on capacity: on a learner or first-year restricted license, every occupant must be belted or restrained, and you cannot squeeze in an extra passenger.

Wear the lap belt low across the hips and the shoulder belt across the chest, never behind your back or under your arm.

Choosing the right child restraint

  1. Babies and toddlers under 2 ride rear-facing.
  2. From 2 up to 4, use a rear- or forward-facing seat with an internal harness.
  3. From 4 up to 8, use a forward-facing harness seat or a booster with a lap-shoulder belt.
  4. From 9, or once the child outgrows the booster, use the adult belt.
  5. Install every seat by the manufacturer's instructions.

Phones and other distractions

At the time of writing, Montana has no statewide law banning texting or handheld phone use while driving. Some Montana cities have passed their own hands-free or texting ordinances, so the rule can change when you cross a city line. Check local rules, and assume a phone ban applies in town.

Even where no phone rule exists, Montana's careless driving law still applies. Texting, reading or reaching for objects takes your eyes off the road for seconds at a time. Put your phone out of reach, set your navigation before moving and pull over safely if you must make a call.

Common mistakes

  • Letting a back-seat friend ride unbuckled. On a teen license, every occupant must be belted.
  • Moving a child to an adult belt too early. Montana law sets age and booster-size milestones.
  • Thinking no state phone law means phones are safe. Distraction is a leading cause of crashes for new drivers.
  • Wearing the shoulder belt behind your back, which can cause serious injury in a crash.
Practice tip: Make a habit of not moving the car until everyone says 'buckled', and put your phone in the glove box or back seat on every practice drive.

Test yourself: Seat belts, child seats and phone laws in Montana

Answer each question, then read the explanation. Questions come in a random order each time.

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Sources: Montana Code Annotated 2025, sections 61-5-106, 61-5-133, 61-8-302, 61-9-420, 61-13-103 and 61-13-104 (Montana Legislature); Montana Driver Manual, form 25-0100M, edition posted by MVD in 2026 (Montana Department of Justice, Motor Vehicle Division). Independent guide, not affiliated with any licensing agency. Always check the latest official rules with the Montana licensing agency.