Speed restrictions -- basic rule
(1) A person operating or driving a vehicle of any character on a public highway of this state shall drive the 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, condition of brakes, weight of vehicle, grade and width of highway, condition of surface, and freedom of obstruction to the view ahead. The person operating or driving the vehicle shall drive the 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.
(2) When no special hazard exists that requires lower speed for compliance with subsection (1), the speed of a vehicle not in excess of the limits specified in this section or established as authorized in 61-8-309 through 61-8-311 and 61-8-313 is lawful, but a speed in excess of the following limits is unlawful:
(a) 25 miles per hour in an urban district;
(b) 35 miles per hour on a highway under construction or repair or on a highway being surveyed, unless the department establishes and posts a different limit due to traffic conditions or the condition of the construction, repair, or survey project;
(c) 55 miles per hour in other locations during the nighttime, except that the nighttime speed limit on completed sections of interstate highways is 65 miles per hour.
(3) "Daytime" means from one-half hour before sunrise to one-half hour after sunset. "Nighttime" means at any other hour.
(4) The speed limits set forth in this section may be altered by the transportation commission or a local authority as authorized in 61-8-309, 61-8-310, and 61-8-313.
(5) The driver of a vehicle shall, consistent with subsection (1), drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon a narrow or winding roadway, and when a special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway condition.
(1) A person operating or driving a vehicle of any character on a public highway of Except as provided this state shall drive the in vehicle in a careful 61-8-309, 61-8-310, and prudent manner and at a rate of 61-8-312, speed the no greater than is reasonable and proper under the conditions existing at the point of speed limit for vehicles traveling: operation, taking into account the amount and character of traffic, condition of brakes, weight of vehicle, grade and width of highway, condition of surface, and freedom of obstruction to the view ahead. The person operating or driving the vehicle shall drive the 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.
(a) on an interstate highway outside an urbanized area of 50,000 population or more is 80 miles an hour at all times and the speed limit for vehicles traveling on interstate highways within an urbanized area of 50,000 population or more is 65 miles an hour at all times;
(b) on any portion of a national highway that is 10 miles or greater that has been expanded to four lanes, and that is not subject to a permanent special speed zone, as provided in 61-8-309 and 61-8-310, is 75 miles an hour during the daytime and 70 miles an hour during the nighttime;
(c) on any other public highway of this state is 70 miles an hour during the daytime and 65 miles an hour during the nighttime;
(d) in an urban district is 25 miles an hour.
(2) When no special hazard exists that requires lower A vehicle subject to speed the for compliance with subsection speed (1), limits imposed the in subsection (1) may exceed speed the of a vehicle not speed in limits excess of the limits specified imposed in this section or established as authorized subsection (1) by 10 miles an hour in 61-8-309 through 61-8-311 order to overtake and 61-8-313 is lawful, but pass a speed
(a) 25 miles per hour in an urban district; while traveling on a two-lane road; and
(b) 35 miles per hour on in a highway under construction or repair or on a highway being surveyed, unless the department establishes designated passing zone. and posts a different limit due to traffic conditions or the condition of the construction, repair, or survey project;
(c) 55 miles per hour in other locations during the nighttime, except that the nighttime speed limit on completed sections of interstate highways is 65 miles per hour.
(3) "Daytime" means from one-half hour before sunrise Subject to one-half hour after sunset. "Nighttime" means at any other hour. the maximum speed limits set forth in subsection (1), a person shall operate a vehicle in a careful and prudent manner and at a reduced rate of speed no greater than is reasonable and prudent under the conditions existing at the point of operation, taking into account the amount and character of traffic, visibility, weather, and roadway conditions.
(4) The Except when a special hazard exists that requires lower speed for compliance with subsection (3), the limits set forth specified in this section may be altered by are the transportation commission or a local authority as authorized in 61-8-309, 61-8-310, and
(5) The driver of a vehicle shall, consistent with subsection (1), drive at an appropriate reduced As used in this section, "daytime" means from one-half hour before sunrise to one-half hour speed when approaching and crossing an intersection or railway grade crossing, when approaching and going after sunset. "Nighttime" means at any other hour. around a curve, when approaching a hill crest, when traveling upon a narrow or winding roadway, and when a special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway condition.
(6) The speed limits set forth in this section may be altered by the transportation commission or a local authority as authorized in 61-8-309, 61-8-310, 61-8-313, and 61-8-314.
(7) A person who violates this section is subject to the penalties provided in 61-8-725.
Speed restrictions -- basic rule – definitions
| EnactedEn. SectionSec. 41, ChapterCh. 263, Laws ofL. 1955 |
| AmendedAmd. SectionSec. 1, ChapterCh. 190, Laws ofL. 1967 |
| AmendedAmd. SectionSec. 55, ChapterCh. 316, Laws ofL. 1974 |
| Revised Codes of MontanaR.C.M. 1947, 32-2144 |
| AmendedAmd. SectionSec. 1, ChapterCh. 173, Laws ofL. 1989 |
| AmendedAmd. SectionSec. 6, ChapterCh. 75, Laws ofL. 1995 |
| AmendedAmd. SectionSec. 1, ChapterCh. 78, Laws ofL. 1995 |
| AmendedAmd. SectionSec. 2, ChapterCh. 287, Laws ofL. 1995 |