When facing a DUI license suspension you will undoubtedly want to get the privileges reinstated as soon as possible, but be careful to proceed only under advice of legal counsel. Driving while license suspended or revoked penalty second offense of driving without licensing exemption. Farmers driving tractors and engineers driving trains can also temporarily drive or cross over highways without a license. Driver's license suspension for 1 year, for a 3rd offense. Sec. Sec. Part of the Montana drivers license restoration process may also be the installation of a state-approved IID. 0.04%, if you are driving a commercial vehicle. A Leesburg man whose license was suspended after a DUI arrest earlier this month was arrested again Monday night after being stopped for speeding on State Road 50 in Groveland. If you are legally licensed in Montana and currently serving in the armed forces, then the drivers license will be valid as long as the service continues and up to 30 days after your honorable discharge. Depending on the circumstances of your arrest, you may be charged with a DUI even if you have . 29, Ch. 1, Ch. Subscribe to stay in the loop & on the road! 2005 Montana Code Annotated - 61-5-212 Driving while license suspended or revoked - penalty - seizure of vehicle or rendering vehicle inoperable. (b)(i)A person convicted of the offense of driving a motor vehicle without proof of a statutory exemption for the second time shall be punished by imprisonment for not less than 2 days or more than 6 months and may be fined not more than $500. 1947, 31-155; amd. Department of Justice Driving while license suspended or revoked -- penalty -- second offense of driving without licensing exemption. To find out whether you are eligible to obtain a hardship license, you should contact your local DMV office. 428, L. 2003; amd. The Motor Vehicle Division has developed a Montana driving license suspension system, including various offenses and the matching penalty periods. Any felony punishable by the DOJ: 12 points. Instead, they will need to apply for a new drivers license. Insufficient or inadequate reservoir for air or vacuum brakes, Failure to sound horn to ensure safe operation, Moving defective vehicle beyond specified limits, Fail to identify disabled vehicle with proper equipment while towing, Transporting passengers in vehicle carrying explosives, Rule Title: DRIVER REHABILITATION POINT SYSTEM. Sec. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: Section 1. According to NBC New York, Janelda Camille was arrested Tuesday morning in Long Island, NY, after being pulled over at 2:04 a.m. while driving with a suspended license. (b)Upon receiving a record of the conviction of any person under this section upon a charge of driving a commercial motor vehicle while the person's commercial driver's license was revoked, suspended, or cancelled or the person was disqualified from operating a commercial motor vehicle under federal regulations, the department shall suspend the person's commercial driver's license in accordance with 61-8-802. You can read the full text of the bill here. . DUI 1st offense (over 21): 6 months. Sec. See Montana Code 61-1-101; The points found on your Department of Justice driving record indicate the traffic violations that you have committed within the state of Montana. Get A Free Insurance Quote. See Montana Code 61-1-101. Understand, however, that to do so you will need to meet a range of requirements that, depending on your situation, may include: Contact the MVD Customer Service Center at (406) 444-3933 with questions about reinstatement. 556, L. 2003; amd. (iii)a motor vehicle on any public highway of this state without proof of a statutory exemption, as provided in 61-5-104. 583, L. 2005; amd. Since operating while intoxicated is considered a serious offense, you may be also asked to pay a fine ranging from $300 to $1,000, as well as serve a jail sentence. The duration of the Montana driving license suspension or revocation period will generally vary, depending on the type of offense and your behind-the-wheel history. Driving while license suspended or revoked -- penalty -- second offense of driving without licensing exemption. However, the risk of further driving license suspensions in Montana may be reduced once you gain the necessary skills for safe driving. Montana driving license suspensions are generally administered by the Motor Vehicle Division (MVD), though, the court may take specific legal action against traffic offenders as well. Negligent vehicular assault involving a motor vehicle. Sign up for our free summaries and get the latest delivered directly to you. 3, Ch. The status of your driver's license will not change if you do not appear for this hearing. After you've completed the requirements of your court sentence and waited out the duration of your driver's license suspension, you'll need to reinstate your MT driver's license with the Montana DMV. For more information: Senior Drivers in Montana. DRIVER'S LICENSES . Failing to complete a substance abuse program. 84, L. 1959; R.C.M. A Long Island woman now faces jail time after being involved in several crashes and receiving 67 tickets. Get free summaries of new opinions delivered to your inbox! Similar penalties will be imposed to drivers who refuse to take the alcohol test. Multiple offenses or those involving minor passengers can lead felony charges. 303 North Roberts Box 201430 61-5-212 Driving while license suspended or revoked -- penalty -- second offense of driving without licensing exemption. A DUI is a serious offense in Montana, and as such, it comes with serious consequences. A self-addressed and stamped envelope if you want the temporary drivers license to be mailed back to you. Sec. Driving while license suspended or revoked penalty second offense of driving without licensing exemption. . Hawaii. (iii)a motor vehicle on any public highway of this state without proof of a statutory exemption, as provided in 61-5-104. 195, L. 1993; amd. 34, Ch. If granted, this would allow you to drive to and from work, school, or medical appointments/treatment programs. Sec. Sec. 34, Ch. A 23-year-old Long Island woman was arrested Tuesday morning for driving with a whopping 65 license suspensions, according to Suffolk County Police.. Janelda Camille, of Medford, was taken into . When you commit a DUI offense, you will face penalties from both the court and the Montana MVD. 24, Ch. 33, Ch. All drivers above 75 years old must renew drivers licenses after a period of four years. 5110 10: Driving while under the influence of intoxicating liquor (being in actual physical control) 5111 10: Driving while under the influence of any drug (narcotic or other) 4000: 8 AN ACT PROVIDING FOR A PROVISIONAL, RESTRICTED, OR PROBATIONARY LICENSE FOR A PERSON WHOSE DRIVER'S LICENSE IS SUSPENDED; AND AMENDING SECTION 61-5-208, MCA. Upon visiting the DMV you will need to bring with you two documents as a proof of your identity (either two primary documents, or one primary and one secondary identification document) and a payment of $10 for the duplicate drivers license. 0.04%, if you are driving a commercial vehicle. Along with the risk to your own life and the lives of others, drinking and driving can result in heavy penalties from the criminal court and the Montana Department of Justice (DOJ) Motor Vehicle Division (MVD). Montana House Bill 217 provides that a person's driver's license cannot be suspended for failure to pay a fine, fee, or restitution. The imposed penalty may be lifted once all conditions have been met with the corresponding court. View our newest version here. Unless your suspension or revocation is mandatory by law, you have the right to appeal to court for a loss of your driving privileges. The forms provided above are current based on the date of writing. Failing to satisfy payment for child support/fines or failing to appear in court. Box 201430 Contact the MDT Motor Carrier Services Division at 406-444-6130 for interstate licensing and registration questions. (b) "Habitual traffic offender" means any person who within a 3 . (b)(i)A person convicted of the offense of driving a motor vehicle without proof of a statutory exemption for the second time shall be punished by imprisonment for not less than 2 days or more than 6 months and may be fined not more than $500. At that point in time, visit in person a local DMV office and apply for a drivers license renewal. She was allegedly pulled over for speeding. The form and fee should be brought to the Motor Vehicle Division Office at: Pay any outstanding fines with the court. (3) The following actions resulting from the accumulation of 6 or more points in an 18 month period may be taken: (a) the licenseee may be required to attend a counseling session or re-take the driving examination or both. 3. Completion of court-ordered treatment programs. 443, L. 1987; amd. A person who operates a vehicle while on a suspended or revoked license will face jail time, fines, and an extended license suspension. 447, L. 1995; amd. If you attend an appeal hearing . Once you collect all the documents, send them to the following address: The duplicate drivers license will arrive in your mail within four weeks. 1, Ch. Period of suspension or revocation -- limitation on issuance of . Sec. How to Apply for a New Drivers License in Montana, How to Renew a Drivers License in Montana, Suspended License Information for Montana, Replace a Lost, Stolen, or Mutilated Montana Drivers License or ID card, Request for Military Renewal of Montana Driver License, Application for Replacement Driver License by Mail, State By State: Differences In How States Handle Driver’s License Renewals, Washington State Passes New Distracted Driving Law That Bans Holding a Cellphone While Driving. (1) (a) A person commits the offense of driving a motor vehicle without statutory exemption or during a suspension or revocation period if the person drives: (i)a motor vehicle on any public highway of this state at a time when the person's privilege to drive or apply for and be issued a driver's license is suspended or revoked in this state or any other state unless the person has obtained a restricted-use driving permit under 61-5-232; (ii)a commercial motor vehicle while the person's commercial driver's license is revoked, suspended, or cancelled in this state or any other state or the person is disqualified from operating a commercial motor vehicle or from obtaining a commercial driver's license; or. Each violation is assigned a different point value, which is based on the severity of the offense: Deliberate homicide using a motor vehicle: 15 points. Refusing to test for blood alcohol content (violating implied consent). A Montana driving license suspension will be administered by the MVD for a BAC level of .08 or more. History:En. Read more to learn about license suspensions in Montana. Subscribe to stay in the loop & on the road! However, if you fail to renew it by then, you have three additional months to apply for a drivers license renewal. (b)Upon receiving a record of the conviction of any person under this section upon a charge of driving a commercial motor vehicle while the persons commercial drivers license was revoked, suspended, or cancelled or the person was disqualified from operating a commercial motor vehicle under federal regulations, the department shall suspend the persons commercial drivers license in accordance with 61-8-802. approved ignition interlock installation facilities. Homicide resulting from negligent driving. 23.3.231 PROBATIONARY LICENSES. If you're concerned about the current status of your license, you can check it today to make sure you avoid suspension. Drivers between 21 and 67 years old must renew drivers licenses after a period of eight years. Your license may be suspended in MT for specific reasons. ; State-issued birth certificate or valid U.S. passport - For licenses that have been expired for more than . Once the petition is returned to court and reviewed by the Judge, there will be a status hearing set where it will be determined if your license shall be reinstated. Fail to have automatic breakaway brakes on trailer which exceeds 3000 pounds G.V.W. Your message has been received and a Interlock Specialist will contact you shortly. (1) As used in this part, the following definitions apply: (a) "Conviction" has the meaning provided in 61-5-213 resulting from a violation of traffic regulations on highways in this state or a traffic statute or traffic regulation in another jurisdiction. This costs $4.12, payable with a check or money order. It is important that people understand and inform themselves of the responsibilities of having a license. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or . 462, L. 2007; amd. For more information, call 406-444 3933 or send a mail for the correct paperwork to the following address: After contacting the Montana DMV and sending them the needed documentation, the drivers license will remain valid up to 30 days after the military members honorable discharge. The MVD offers several payment methods for the set fees. (i)a vehicle propelled by its own power and designed or used to transport persons or property on the highways of the state; (ii)a quadricycle if it is equipped for use on the highways as prescribed in chapter 9; or, (iii)a golf cart only if it is equipped for use on the highways as prescribed in chapter 9 and is operated pursuant to 61-8-391 or by a person with a low-speed restricted driver's license. 39, Ch. Get free quotes from the nation's biggest auto insurance providers. When you submit an application for . Real ID requirements will be in place on October 1st, 2021. MDT does handle interstate licensing and registration. 3, Ch. To pay your reinstatement fee, send a check or money order payable to Motor Vehicle Division" to: Motor Vehicle Division 358, L. 2015; amd. All Rights Reserved. (b)Upon receiving a record of the conviction of any person under this section upon a charge of driving a commercial motor vehicle while the person's commercial driver's license was revoked, suspended, or cancelled or the person was disqualified from operating a commercial motor vehicle under federal regulations, the department shall suspend the person's commercial driver's license in accordance with 61-8-802. Military personnel can drive military vehicles without a driver's license on highways. License not in possession. (2)(a)Upon receiving a record of the conviction of any person under this section upon a charge of driving a noncommercial vehicle while the persons drivers license, privilege to drive, or privilege to apply for and be issued a drivers license was suspended or revoked, the department shall extend the period of suspension or revocation for an additional 1-year period. Driving privileges reinstatement fee, Indiana Code > Title 9 > Article 14.1 - License Branches, Indiana Code > Title 9 > Article 24 - Drivers Licenses, Missouri Laws > Chapter 302 - Drivers' and Commercial Drivers' Licenses, New York Laws > Vehicle and Traffic > Title 5 - Drivers' Licenses, Tennessee Code > Title 55 > Chapter 17 - Vehicle Sales Licenses, Tennessee Code > Title 55 > Chapter 19 - Commercial Driver Training Schools, Tennessee Code > Title 55 > Chapter 50 - Uniform Classified and Commercial Driver License Act, Texas Education Code Chapter 1001 - Driver and Traffic Safety Education, Texas Transportation Code > Title 7 > Subtitle B - Driver's Licenses and Personal Identification Cards. To reinstate driving licenses in Montana, motorists must ensure they meet the drivers license suspension or revocation requirements. Payment of all fines related to your offense. To reinstate your driver's license suspended for nonpayment of Helena Municipal Court Fines, please fill out the petition completely. (b)(i)A person convicted of the offense of driving a motor vehicle without proof of a statutory exemption for the second time shall be punished by imprisonment for not less than 2 days or more than 6 months and may be fined not more than $500. Sec. Important Notice About Real ID Implementation, For more information: How to Apply for a New Drivers License in Montana. MOTOR VEHICLES CHAPTER 5. And the court may still issue a fine of up to $500. For instance, to apply for a restricted license after being convicted of DUI for the second time, you may first be required to enroll in a sobriety program. An MT suspended drivers license will be issued to motorists younger than 21 years of age for driving with a BAC level of .02. You may also check the status of your driver's license by clicking the CHECK STATUS NOW red button the page. 61-5-212. If you do not receive an MT driving license suspension notice, you can always order a copy of your driving record for a detailed review of the MVD- or court-imposed penalty. People who want to look up traffic violations in person should complete the release of driving records (Form 34-0100), providing the driver's full name, date of birth, and license number. Sec. All Rights Reserved. Universal Citation: MT Code 61-5-212 (2021) . To avoid being issued a suspended driving license in MT, drivers must obtain the following insurance amounts: An indefinite MT driving license suspension will be also issued to motorists who fail to resolve a traffic citation in due time. You have 30 days after your license has been suspended to petition to appeal. A color photo driver license or ID card not expired for more than four years and issued by a US or Canadian jurisdiction, A certified birth certificate, issued by a US or Canadian jurisdiction, Certificate of birth abroad of a US citizen, A valid, unexpired passport or passport card, issued by the US Department of State or other jurisdiction, One valid, unexpired document issued by the USCIS, An original US Social Security card or Canadian insurance card, A certified copy of a marriage certificate, A US or Canadian expired drivers license or ID card, A current US or Canadian jurisdiction photo ID card, A current school photo ID card with the students name and identification number. Depending on the court handling your case, you may be able to utilize several payment methods. Generally, driving while suspended or revoked will result in a fine of up to $500, up to six months in jail, or both. For further questions about whether your replacement fee will be waived or not, contact the Montana DMV at (406) 444 3933. Drivers license suspensions in MT will occur for convictions such as failing or refusing to take a chemical test and not paying court-imposed child support or any other outstanding fines. A suspended or revoked drivers license in MT will be issued, depending on the severity of the committed offense. Failure to do so will result in an MT revoked drivers license for three years. DUI-related. You can pay the required reinstatement fee in person at a County Treasurers Office or send a check or money order to the following address: To find out whether you are eligible to obtain a hardship license, you should contact your local DMV office. If you want to go into further details about the tests, read the Montana Driver Manual. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Merchant was previously arrested April 13 on . The attorney listings on this site are paid attorney advertising. Provide a parental consent and complete a graduated driver licensing process, if you are under 18 years old. However, the charge will be dismissed if the driver can subsequently present a then-valid license to the court or officer. A second offense carries at least two days in jail, with a maximum of six months. Driving while suspended carries increased penalties if the suspension was related to a DUI incident. Paying the Montana driving license reinstatement fees is a mandatory step to restore your credential and continue legally operate your vehicle within the state. Note that other penalties, such as fines ranging from $250 to $500 or serving a jail sentence may follow if you are found responsible for the misdemeanor. Montana may have more current or accurate information. Generally, driving while suspended or revoked will result in a fine of up to $500, up to six months in jail, or both. 1, Ch. You have 30 days after your license has been suspended to petition to appeal. The Montana driving license suspension periods in such instances will be lower, ranging from 90 days for a first offense to six months or more for any following violation. Conviction of a negligent homicide with a vehicle. You're all set! Motorists will have a revoked driving license in MT for a period of one up to three years for more severe offenses, such as negligent driving or constant violation of the set regulations. A drivers license suspension in Montana is a temporary withdrawal of your privilege to operate a motor vehicle on state roads and highways. However, Montana offers a hardship license for going to work or school/church. 8/4/75; AMD, Eff. OR. 358, L. 2015; amd. If convicted of this offense, you must: Sec. Sec. In some states, the information on this website may be considered a lawyer referral service. A second offense carries at least two days in jail, with . The link below will direct you to the Department of Justice-Motor Vehicle Division. Deployed military and non-resident drivers with valid driver's licenses from their home state or country can drive in the state without a Montana license, subject to Montana age restrictions. 503, L. 1985; amd. 15 points or more over the course of 36 months: License SUSPENDED for 6 months. Sec. When reinstating driving licenses in Montana, applicants have the option to arrange payment over the phone using a credit/debit card, or send a check or money order made payable to the MVD. The Montana Motor Vehicle Division (MVD) is charged with enforcing suspensions of your driver's license in Montana. To reinstate your driver's license suspended for nonpayment of Helena Municipal Court . You must wait for the revocation period to expire, meet all the licensing requirements, and then apply for a new license. When you submit an application for a hardship license application, you will have to: In the case that you fail your driving test, the state of Montana allows you to retake it again the next business day. 30, L. 1989; amd. It is important that people understand and inform themselves of the responsibilities of having a license. 61-5-209 Surrender and return of license upon suspension or revocation; 61-5-210 No operation under foreign license during suspension or revocation in this state; 61-5-211 Right of appeal to court; 61-5-212 Driving while license suspended or revoked -- penalty -- second offense of driving without licensing exemption; 61-5-213 Conviction defined TITLE 61. 0.02% or more, if you are younger than 21 years old. Provide proof for the required documentation: Decide whether you want to be registered as an organ, eye or tissue donor. 195, L. 1993; amd. To do so, you will be asked to complete the applicable driving tests (knowledge and skills examinations) and pay the required fees. 33, Ch. Montana driving license restoration following a suspension or revocation of your license is necessary to stay in compliance with state laws and regulations. 6, Ch. To apply, you must complete an Application for Restricted Probationary License. The written drivers test must be passed with a score of 80 percent or higher in order to obtain a Montana drivers license. You can be issued an MT suspended drivers license provided you have been caught with a certain level of blood alcohol concentration (BAC). You will be issued a temporary drivers license and the renewed drivers license will arrive in the mail within two to four weeks. Install an Ignition Interlock Device in your vehicle. Reinstatement fees are separate from any other fines related to your offense, and may vary depending on the reason for your suspension. A Montana revoked driving license will be issued to habitual traffic violators, as well as drivers who are convicted of a felony or homicide while driving, among other offenses. When you commit a driving under the influence (DUI) offense, you may receive fines, jail time, driver's license suspensions, and lengthy reinstatement requirements. 443, L. 1987; amd. Helena, MT 59601 ; Accepted primary ID - If you are replacing a lost/stolen/damaged license, you will need to bring in an accepted Primary ID. Explore the sections below to learn more about the restoration process in Montana. Sec. Speeding: 55 miles per hour night limit (trucks), Speeding: speed limit established by Motor Vehicles Division, Speeding: restricted speed limit established by local authorities, Failure to pull over when operating slow moving vehicle obstructing traffic, Speeding: 50 miles per hour speed when towing trailer house, Speeding: 65 miles per hour truck speed on interstate, Speeding: posted speed over elevated structure, Operating with foreign driver's license beyond 90 day grace period, Violation of privilege granted drivers of government vehicles, Violation of privilege granted drivers of road machinery, farm implements and tractors, Violation of restrictions on chauffeur's license, Violation of restrictions on instruction permit, Violation in use of temporary driver's permit, Failure to have temporary driver's permit in possession, Operating in violation of restrictions imposed on driver'slicense, Violation of restrictions imposed on probationary driver's license, Failure of person to subject self to traffic control at roadblock, Towing more than one vehicle in combination, Drawing more than two motor vehicles by saddlemount method, Towing more than one trailer with vehicle rated less than 2000 pounds (manufacturer's rated capacity), Failure to follow directions and requirements of special permit, Reckless or unsafe operation of authorized emergency vehicle, Failure to obey instructions of traffic control devices, Improper passing -- highway ahead obstructed, Improper passing - approaching crest of grade (hill) or curve, Improper passing - approaching intersection, Improper passing - approaching within 100 feet of bridge, tunnel or viaduct when view obstructed, Travel wrong direction on one-way street or highway, Improper use of center lane of three lane roadway, Failure to use designated lane when operating slow-moving vehicles, Following too closely - reasonable and prudent, Following too closely - insufficient space between vehicles or combinations, Driving on other than right-hand roadway of divided highway, Driving over, across, or within dividing space or barrier of divided highway, Illegal entrance or exit to restricted access highway, Violations of limitations put on restricted access highway, Improper approach to intersections when making right turn, Improper approach to intersection when making left turn, Disobedience to signs and markers indicating direction to turn, Improper turn - crest of grade or on curve, Improper starting - failure to start vehicle in safety, Stopping or slowing without giving appropriate signal, Failure to have vehicle equipped with signal lamps when required, Right of way violation - failure to yield to vehicle on right at intersection, Right of way violation - failure to yield to hazardous traffic when making left turn, Right of way violation - failure of approaching drivers to yield to vehicle making left turn, Right of way violation - failure to yield to vehicle on through highway, Right of way violation - failure to yield to vehicle entering or crossing highway, Right of way violation - failure to yield when entering highway from private road or drive, Right of way violation - failure to yield when entering highway from public approach ramp, Right of way violation - failure to obey requirements of yield sign, Failure to yield right of way to vehicle when obeying green go traffic signal, Failure to yield right of way to pedestrian when obeying green go traffic signal, Failure to reduce speed when approaching yellow (caution) traffic signal, Failure to obey red (stop) traffic signal, Failure to yield right of way to pedestrians or other traffic in intersections when obeying green arrow traffic signal, Flashing signal violation (red) Flashing signal violation (yellow), Obstructing traffic, under minimum reasonable speed, after being warned, Failure to drive to right of roadway except when passing, Failure to give approaching vehicle half of roadway, Improper passing - crowding overtaken vehicle, Right of way violation - failure to yield to authorized emergency vehicle, Operator of authorized emergency vehicle - failure to drive with due regard to safety of others, Right of way violation - failure to yield to pedestrian, Right of way violation - failure to yield to school children or school safety patrol, Failure to exercise due care when observing pedestrian, Disobedience to signals indicating approach of railroad train, Failure to stop at railroad crossing when stop sign erected, Failure to stop at railroad crossing when carrying passengers for hire, Failure to stop at railroad crossing when driving school bus, Failure to stop at railroad crossing when carrying explosives, Failure to stop at railroad crossing when carrying flammable liquids, Stop violation - emerging from alley, garage or driveway, Failure to stop for school bus stopped (loading or unloading school children), Failure to slow for school bus preparing to stop (flashing amber lights for school children), School bus failing to activate flashing amber lights before stopping to receive or discharge school children, Unlawful use of flashing lights on bus (amber or red), Carrying passenger on motorcycle which interferes with driver's operation, Carrying package, etc., which interferes with operation of motorcycle, Operating motorcycle on public highway or street without lights, Operating more than two motorcycles abreast in traffic lane, Failure to comply with duties applicable to motorcycle operators, Failure to keep vehicle under control on mountain highways, Failure to drive to extreme right side of road in canyons (defiles, mountains), Failure of driver to take required precautions upon approaching the blind, Operating a motor vehicle in unsafe condition without proper lights and equipment, Failure to have lamps lighted when required, Failure to have two headlamps properly operating on motor vehicle, Failure to have proper headlamps on motorcycle, Failure to have vehicle equipped with one or two tail lamps as required, Operating motor vehicle not equipped with stop lamp, Failure to have bus or truck properly equipped with stop lamps, Failure to have safety chain when required on trailer, Failure to display lamp or flag on projecting load, Failure to have proper emblem on slow-moving vehicle when required, Failure of driver of slow-moving vehicle to pull off roadway as required, Fail to proceed with caution past an alternately flashing or rotating red or blue light, at a speed that is reasonable and proper under the conditions existing at the point of operation (failure to stop for emergency lights.).
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