JURISDICTION: MONTANA

This chapter summarizes Montana State statutes related to speed.

General Reference: Montana Code Annotated and Administrative Rules of Montana

Basis for a Speed Law Violation:

Basic Speed Rule: A person shall operate a vehicle in a careful and prudent manner and at a rate of speed no greater than is reasonable and proper under the conditions existing at the point of operation, taking into account the amount and character of traffic, conditions of brakes, weight of vehicle, grade and width of highway, condition of surface, and freedom of obstruction to the view ahead.⁽¹⁾ §61-8-303(1)

Statutory Speed Limit: The law provides for NO MAXIMUM SPEED LIMIT on interstate and

See Other below. other major non-urban highways during the daytime.⁽²⁾ §§61-8-303(1) & 61-8-305(4) However, a reasonable or safe speed limit may be established via §61-8-309(1); see I under Posted (Maximum) Speed Limit.

65 MPH on interstate highways during the nighttime⁽³⁾ §61-8-303(2)(c)

55 MPH on other highways during the nighttime³ §61-8-303(2)(c)

35 MPH on highways under construction, repair or survey §61-8-303(2)(b)

25 MPH in urban districts §61-8-303(2)(a)

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State Department of Transportation may establish reasonable or safe speed limits, which are different than those noted above, on the highways under its jurisdiction. §61-8-309(1) Note: Except as noted under Other below, Montana law does not specifically state whether different highway speed limits may be established either for different types of vehicles, for various weather conditions or for different times of the day.

II. Based on engineering and traffic investigations, the State may establish safe maximum speed limits for bridges or other elevated structures. §61-8-313(2) & (3)

III. Based on traffic conditions and the type of project, the State may post a different speed limit, other than 35 MPH, on highways under construction, repair or survey. §61-8-303(2)(b)

IV. Based on engineering and traffic investigations, a local government may increase or decrease the maximum speed limits on highways under its jurisdiction.⁽⁴⁾ §61-8-310(1)

Basis for a Speed Law Violation:

(continued)

Posted (Maximum) Speed Limit: (continued) V. Apparently under separate authority, a local government, without an investigation, may determine the proper speed for all arterial streets under its jurisdiction. Such limit may be less or greater than the maximum speed limit provided for an urban district (§61-8-303). §61-8-310(3)

Minimum Speed Limit: A motor vehicle may not be driven at a speed slow enough to impede or block the normal and reasonable movement of traffic. §61-8-311(1)

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State or a local government may establish a minimum posted speed limit for all or part of a highway. §61-8-311(3)

Other: I. During the daytime, a truck or truck tractor weighing >8,000 lbs. cannot be driven >65 MPH on interstate highways or >60 MPH on primary and secondary highways. During the nighttime, such vehicles must abide by the speed limit of automobiles. §61-8-312(1)

II. Special permit vehicles cannot be driven >55 MPH. §61-8-312(2)

III. A housetrailer cannot be towed >50 MPH. §61-8-312(4)

IV. A vehicle with sold rubber or cushion tires cannot be driven >10 MPH. §61-8-313(1)

Adjudication of Speed Law Violations:

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Misdemeanors. §61-8-711(1)

Other:

Sanctions Following an Adjudication of a Speed Law Violation:

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): 1st or subsequent offense-None §61-8-711(2)

Mandatory Minimum Term:

Fine:

Amount ($ Range): 1st offense-$10 to $100 2nd offense (within 1 year)-$25 to $200 Subsequent offense (within 1 year)-$50 to $500 §61-8-711(2)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: Driver Improvement Program §61-2-302 & Administrative Rules of Montana 23.3.203

Other:

Sanctions Following an Adjudication of a Speed Law Violation:

(continued)

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension via Point System⁽⁵⁾-Frequent violator of the traffic laws.

Type of Licensing Action

(Susp/Rev): (continued) Revocation via the Habitual Traffic Law Offender Point System.⁽⁶⁾ §61-11-201 et seq.

Term of License Withdrawal

(Days, Months, Years, etc.): Suspension-6 months Administrative Rules of Montana 23.3.203(2) Note: The law limits a suspension to a maximum period of 1 year. §61-5-208(1) Revocation (Habitual Offender)-3 years §§61-11-211 & 61-11-212

Mandatory Minimum Term of

Withdrawal: Suspension-None Licensing action is discretionary Revocation (Habitual Offender)-1 year⁽⁷⁾

Miscellaneous Sanctions

Not Included Elsewhere:

Other Criminal Actions Related to Speeding:

Unauthorized Speed Contest: Misdemeanor §§61-8-308, 61-8-711(1) & 61-8-717

Sanctions:

Criminal Sanction:

Imprisonment (Term): Not more than 6 months §61-8-717

Mandatory Minimum Term: None

Fine ($ Range): $50 to $500 §61-8-717

Mandatory Minimum Fine: None

Other Criminal Actions Related to Speeding:

(continued)

Unauthorized Speed Contest: (continued)

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Same Administrative Licensing Actions as for Speeding Violations.

Length of Term of

Licensing Withdrawal:

Mandatory Action--Minimum

Length of License

Withdrawal:

Other:

Reckless Driving⁽⁸⁾: Misdemeanor §§61-8-301 & 61-8-711(1)

Sanction:

Criminal:

Imprisonment (Term): 1st offense-Not more than 90 days Subsequent offense-10 days to 6 months §61-8-715(1)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): 1st offense-$25 to $300 Subsequent offense-$50 to $500 §61-8-715(1)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension or Revocation-Same Administrative Licensing Actions under the points systems as for Speeding Violations. Revocation-3 reckless driving convictions within 12 months §61-5-205(6)

Length of Term of License

Withdrawal Action: Suspension or Revocation-Not more than 1 year §61-5-208

Mandatory Term of License

Withdrawal Action:

Other:

Careless Driving⁽⁹⁾: Misdemeanor §§61-8-302, 61-8-711(1) & 61-8-716

Sanction:

Criminal:

Imprisonment (Term): 1st or subsequent offense-None §61-8-711(2)

Mandatory Minimum Term

of Imprisonment:

Other Criminal Actions Related to Speeding:

(continued)

Careless Driving: (continued)

Fine ($ Range): 1st offense-$10 to $100 2nd offense (within 1 year)-$25 to $200 Subsequent offense (within 1 year)-$50 to $500 §61-8-711(2)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Same Administrative Licensing Actions as for Speeding Violations.

Length of Term of License

Withdrawal Action:

Mandatory Term of License

Withdrawal Action:

Other:

Commercial Motor Vehicle (CMV) Operators⁽¹⁰⁾:

Grounds for Suspension: A CDL license is suspended CMV if while driving a CMV a person either (1) commit 2 "serious traffic violations"⁽¹¹⁾ within a 3 year period or (2) commit 3 such violations within a 3 year period. §61-8-803

Period of Suspension: 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days §61-8-803(1) & (2)

Period of Mandatory Suspension: 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days §61-8-803(1) & (2)

1. ¹Like the provisions on Careless Driving, §61-8-302, the Basic Speed Law also provides that a person shall operate a motor vehicle "so as not to unduly or unreasonably endanger the life, limb, property, or other rights of a person entitled to the use of the street or highway." See the last sentence of §61-8-303(1).

2. ²"Daytime" is defined as one-half hour before sunrise to one-half hour after sunset. §61-8-303(3)

3. ³"Nighttime" is defined as any other hour except daytime. §61-8-303(3)

4. ⁴I. However, the following limits apply. (1) The posted speed limit in an urban district cannot be >55 MPH during the nighttime. §61-8-310(1)(b) (2) The posted speed limit outside an urban district cannot be <15 MPH. Note: On a county road, a local government may set speed limit on such roads outside an urban district without an engineering and traffic investigation. §61-8-310(1)(c) & (2) II. Also, based on engineering and traffic investigations, a local government may establish speed zones near schools or senior citizen centers and for the crosswalks that are close to them. The speed limit in such places cannot be <15 MPH. §61-8-310(1)(d)

5. ⁵Driver Rehabilitation Point System. I. If an offender accumulates 6 points within 18 months, they may be required to attend a counseling session or be subject to license re-examination. II. If an offender accumulates 15 or more points within 36 months, they are subject to a 6 month license suspension and must be referred to a Driver Rehabilitation Program. III. The following points are assigned to speeding and speed related violations: Engaging in race or speed contest (i.e., unauthorized speed contest)-5 points; driving recklessly-5 points; speeding in a restricted speed zone-3 points; speeding in an urban district-3 points; speeding in a construction-3 points; speeding >65 MPH at night on an interstate-3 points; speeding >55 MPH at night on other highways-3 points; driving certain trucks >55 MPH at night, >60 MPH at other times or >65 MPH on interstate highways-3 points; violating posted (restricted) speed limits established by either the State or local governments including a violation of the posted speed limit on bridges or elevated structures-3 points; towing a housetrailer >50 MPH-3 points; obstructing traffic by driving under the minimum reasonable speed (after being warned)-2 points; violating the basic speed rule-2 points; and, careless driving-2 points. §61-5-206(1)(b), Administrative Rules of Montana 23.3.202(1) & (2) and 23.3.203

6. ⁶Habitual Offender Point System. If a person accumulates 30 points within a 3 year period, they are subject to a 3 year license revocation. The following points are assigned to speeding and speed related offenses. Reckless driving-5 points; illegal drag race or engaging in a speed contest (i.e., unauthorized speed contest)-5 points; speeding-3 points; and, all other violations-2 points. §61-11-203(2)(h), (i), (l) & (m)

7. ⁷An offender may be issued restricted driving privileges after 1 year of the revocation period provided they participate in a driver rehabilitation program. §61-2-302(2)(a)(ii)

8. ⁸If the offender commits a reckless driving offense while fleeing law enforcement officers, the following sanctions apply. For a 1st offense there is imprisonment from 10 days to 6 months and/or a fine from $300 to $500; and, for a subsequent offense there is imprisonment from 30 days to 1 year and/or a fine of from $500 to $1,000 §61-8-715(2)

9. ⁹A person commits a "careless driving" offense if they do not operate a motor vehicle "in a careful and prudent manner so a not to unduly or unreasonable endanger the life, limb, property, or other rights of a persons entitled to the use of the street or highway." §61-8-302

10. ¹⁰A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of 26,001 lbs., is designed to carry more than 15 more persons, or is transporting hazardous materials which requires that the vehicle to be placarded in accordance with U.S. Department of Transportation regulations. §61-1-134

11. ¹¹A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §61-8-803 & 49 CFR §383.5