Montana Ski Statues




Mont. Code Anno., § 23-2-701 (2012)

23-2-701  Repealed.

Sec. 4, Ch. 346, L. 1997.

23-2-702  Definitions.

As used in this part, the following definitions apply:

(1)  “Freestyle terrain” means terrain parks and terrain features, including but not limited to jumps, rails, fun boxes, half-pipes, quarter-pipes, and freestyle bump terrain, and any other constructed features.

(2)  “Inherent dangers and risks of skiing” means those dangers or conditions that are part of the sport of skiing, including:

(a)  changing weather conditions;

(b)  snow conditions as they exist or as they may change, including ice, hardpack, powder, packed powder, wind pack, corn snow, crust, slush, cut-up snow, and machine-made snow;

(c)  avalanches, except on open, designated ski trails;

(d)  collisions with natural surface or subsurface conditions, such as bare spots, forest growth, rocks, stumps, streambeds, cliffs, trees, and other natural objects;

(e)  collisions with lift towers, signs, posts, fences, enclosures, hydrants, water pipes, or other artificial structures and their components;

(f)  variations in steepness or terrain, whether natural or the result of slope design, snowmaking, or snow grooming operations, including but not limited to roads, freestyle terrain, ski jumps, catwalks, and other terrain modifications;

(g)  collisions with clearly visible or plainly marked equipment, including but not limited to lift equipment, snowmaking equipment, snow grooming equipment, trail maintenance equipment, and snowmobiles, whether or not the equipment is moving;

(h)  collisions with other skiers;

(i)  the failure of a skier to ski within that skier’s ability;

(j)  skiing in a closed area or skiing outside the ski area boundary as designated on the ski area trail map; and

(k)  restricted visibility caused by snow, wind, fog, sun, or darkness.

(3)  “Passenger” means any person who is being transported or conveyed by a passenger ropeway.

(4)  “Passenger ropeway” means a device used to transport passengers by means of an aerial tramway or lift, surface lift, surface conveyor, or surface tow.

(5)  “Ski area operator” or “operator” means a person, firm, or corporation and its agents and employees having operational and administrative responsibility for ski slopes and trails and improvements.

(6)  “Ski slopes and trails” means those areas designated by the ski area operator to be used by skiers for skiing.

(7)  “Skier” means a person who is using any ski area facility for the purpose of skiing, including but not limited to ski slopes and trails.

(8)  “Skiing” means any activity, including an organized event, that involves sliding or jumping on snow or ice while using skis, a snowboard, or any other sliding device.

23-2-703  Ropeways not common carriers or public utilities.

Passenger ropeways may not be construed to be common carriers or public utilities for the purposes of regulation within the meaning of the laws of the state of Montana.

23-2-704  Unlawful to endanger life or cause damage.

(1)  It is unlawful for a passenger riding or using a passenger ropeway to endanger the life and safety of other persons or cause damage to passenger ropeway equipment.

(2)  A person who purposely or knowingly violates this section is guilty of a misdemeanor.

23-2-705  Repealed.

Sec. 4, Ch. 346, L. 1997.

23-2-706  through 23-2-710 reserved.

23-2-711  Repealed.

Sec. 4, Ch. 346, L. 1997.

23-2-712  Repealed.

Sec. 4, Ch. 346, L. 1997.

23-2-713  Repealed.

Sec. 4, Ch. 346, L. 1997.

23-2-714  Repealed.

Sec. 4, Ch. 346, L. 1997.

23-2-715  Repealed.

Sec. 4, Ch. 346, L. 1997.

23-2-716  Repealed.

Sec. 4, Ch. 346, L. 1997.

23-2-717  Repealed.

Sec. 4, Ch. 346, L. 1997.

23-2-718  Repealed.

Sec. 4, Ch. 346, L. 1997.

23-2-719  and 23-2-720 reserved.

23-2-721  Repealed.

Sec. 4, Ch. 346, L. 1997.

23-2-722  Repealed.

Sec. 4, Ch. 346, L. 1997.

23-2-723  Repealed.

Sec. 4, Ch. 346, L. 1997.

23-2-724  Repealed.

Sec. 4, Ch. 346, L. 1997.

23-2-725  Repealed.

Sec. 4, Ch. 346, L. 1997.

23-2-726  through 23-2-730 reserved.

23-2-731  Purpose.

The legislature finds that skiing is a major recreational sport and a major industry in the state and recognizes that among the attractions of the sport are the inherent dangers and risks of skiing. The state has a legitimate interest in maintaining the economic viability of the ski industry by discouraging claims based on damages resulting from the inherent dangers and risks of skiing, defining the inherent dangers and risks of skiing, and establishing the duties of skiers and ski area operators.

23-2-732  Repealed.

Sec. 4, Ch. 346, L. 1997.

23-2-733  Duties of operator regarding ski areas.

(1)  Consistent with the duty of reasonable care owed by a ski area operator to a skier, a ski area operator shall:

(a)  mark all trail grooming vehicles by furnishing the vehicles with flashing or rotating lights that must be in operation whenever the vehicles are working or are in movement in the ski area;

(b)  mark with a visible sign or other warning implement the location of any hydrant or similar equipment used in snowmaking operations and located on ski slopes and trails;

(c)  maintain one or more trail boards at prominent locations at each ski area displaying a map of that area’s network of ski slopes and trails, the boundaries of the ski area, and the relative degree of difficulty of the ski slopes and trails at that area;

(d)  post a notice requiring the use of ski-retention devices;

(e)  designate at the start of each day, by trail board or otherwise, which ski slopes and trails are open or closed and amend those designations as openings and closures occur during the day;

(f)  post in a conspicuous location the current skier responsibility code that is published by the national ski areas association;

(g)  post a copy of 23-2-736 in a conspicuous location; and

(h)  mark designated freestyle terrain with a symbol recognized by the national ski areas association.

(2)  Nothing in this part may be construed to impose any duty owed by a ski area operator to a trespasser or an unauthorized user of a ski area.

23-2-734  Duties of operator with respect to passenger ropeways.

A ski area operator shall construct, operate, maintain, and repair any passenger ropeway. An operator has the duty of taking responsible actions to properly construct, operate, maintain, and repair a passenger ropeway in accordance with current standards.

23-2-735  Duties of passenger.

A passenger may not:

(1)  board or disembark from a passenger ropeway except at an area designated for those purposes;

(2)  throw or expel any object from a passenger ropeway;

(3)  interfere with the running or operation of a passenger ropeway;

(4)  use a passenger ropeway unless the passenger has the ability to use it safely without any instruction on its use by the operator or requests and receives instruction before boarding;

(5)  embark on a passenger ropeway without the authority of the operator.

23-2-736  Duties of skier.

(1)  A skier has the duty to ski at all times in a manner that avoids injury to the skier and others and to be aware of the inherent dangers and risks of skiing.

(2)  A skier:

(a)  shall know the range of the skier’s ability and safely ski within the limits of that ability and the skier’s equipment so as to negotiate any section of terrain or ski slope and trail safely and without injury or damage. A skier shall know that the skier’s ability may vary because of ski slope and trail changes caused by weather, grooming changes, or skier use.

(b)  shall maintain control of speed and course so as to prevent injury to the skier or others;

(c)  shall abide by the requirements of the skier responsibility code that is published by the national ski areas association and that is posted as provided in 23-2-733;

(d)  shall obey all posted or other warnings and instructions of the ski area operator; and

(e)  shall read the ski area trail map and must be aware of its contents.

(3)  A person may not:

(a)  place an object in the ski area or on the uphill track of a passenger ropeway that may cause a passenger or skier to fall;

(b)  cross the track of a passenger ropeway except at a designated and approved point; or

(c)  if involved in a skiing accident, depart from the scene of the accident without:

(i)  leaving personal identification; or

(ii)  notifying the proper authorities and obtaining assistance when the person knows that a person involved in the accident is in need of medical or other assistance.

(4)  A skier shall accept all legal responsibility for injury or damage of any kind to the extent that the injury or damage results from inherent dangers and risks of skiing. Nothing in this part may be construed to limit a skier’s right to hold another skier legally accountable for damages caused by the other skier.

23-2-737  Repealed.

Sec. 5, Ch. 429, L. 1989.

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