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10 61-8-301 9 61-8-302 10 61-8-303 1 61-8-304 61-8-305 61-8-306 61-8-307 61-8-308 5 61-8-309 2 61-8-310 1 61-8-311 1 61-8-312 61-8-313 4 61-8-314 61-8-315 9 61-8-321 61-8-322 61-8-323 1 61-8-324 61-8-325 1 61-8-326 1 61-8-327 7 61-8-328 1 61-8-329 3 61-8-330 61-8-331 61-8-332 1 61-8-333 61-8-334 61-8-335 4 61-8-336 61-8-337 61-8-338 2 61-8-339 1 61-8-340 3 61-8-341 1 61-8-342 2 61-8-343 1 61-8-344 61-8-345 2 61-8-346 61-8-347 61-8-348 61-8-349 61-8-350 61-8-351 61-8-352 61-8-353 61-8-354 1 61-8-355 61-8-356 61-8-357 61-8-358 61-8-359 61-8-360 61-8-361 61-8-362 61-8-363 61-8-364 61-8-365 61-8-366 61-8-367 61-8-368 61-8-369 61-8-370 1 61-8-371 61-8-372 61-8-380 61-8-381 61-8-382 61-8-383 61-8-384

Mont. Code Ann. § 61-8-328

(1997)

Driving on roadways laned for traffic

Whenever a roadway has been divided into two or more clearly marked lanes for traffic, the following rules, in addition to all other consistent rules, apply:

(1) A vehicle must be driven as nearly as practicable entirely within a single lane and may not be moved from the lane until the driver has first ascertained that the movement can be made with safety.

(2) Upon a roadway that is divided into three lanes, a vehicle may not be driven in the center lane except:

(a) when overtaking and passing another vehicle where the roadway is clearly visible and the center lane is clear of traffic within a safe distance;

(b) in preparation for a left turn; or

(c) when the center lane is at the time allocated exclusively to traffic moving in the direction that the vehicle is proceeding and is signposted to give notice of the allocation.

(3) Official signs may be erected directing slow-moving traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway. Drivers of vehicles shall obey the directions of every official sign that designates use of specific lanes.

(4) A person may turn a vehicle left across a lane marked with two yellow lines into a public or private parking lot or a roadway if the turn can be made safely and if the person does not hinder the flow of oncoming traffic.

Opinions construing this section

7 opinions
2026 MT 74N Apr 7, 2026 Affirmed
City of Helena v. Ittner
Majority by Katherine M. Bidegaray · 5 to 0
estitution. The District Court also affirmed Ittner’s July 2023 conviction on bench trial for the misdemeanor offense of Changing Lanes When Unsafe to Do So (§ 61-8-328(1), MCA), but Ittner does not appeal that aspect of the District Court’s judgment. On appeal, Ittner contends that the Municipal Court’s restitution award was not
2016 MT 57N Mar 8, 2016 Affirmed
State v. Maier
Majority by Laurie McKinnon · 5 to 0
and half. Officer Reichert activated his emergency lights and initiated a traffic stop based on the traffic offenses of crossing the centerline in violation of § 61-8-328, MCA, as well as suspicion of driving under the influence in violation of § 61-8-401, MCA. 2 ¶5 After making contact with Maier, Officer Reichert smelled th
2015 MT 179N Jun 30, 2015 Affirmed
State v. Cook
Majority by Laurie McKinnon · 5 to 0
turb its findings on appeal. Kaufman, ¶ 12. ¶12 A traffic violation alone is sufficient to give rise to particularized suspicion. Section 46-5-401(1), MCA; § 61-8-328(2), MCA. The observation of the vehicle crossing the yellow line alone was enough to support particularized suspicion. In Flynn, we concluded sufficient facts existed
2015 MT 120 May 5, 2015 Affirmed
Mitchell v. State
Majority by Michael E Wheat · 5 to 0
on to reinstate his driver’s license. We affirm. ISSUE ¶2 We review the following issue: Did the District Court err when it decided that Mitchell violated § 61-8-328, MCA, by crossing the center line of a road with his vehicle? FACTUAL AND PROCEDURAL BACKGROUND ¶3 Police Officer Matthew Grieshop was patrolling a road near Red
2013 MT 242 Aug 27, 2013 Affirmed
State v. Marcial
Majority by Jim Rice · 5 to 0
ible citation of Marcial under the traffic code. See Wagner, ¶ 16 (vehicle straddling two lanes for 500-600 feet was particularized suspicion for violation of § 61-8-328(1), MCA, which requires motorists to operate a vehicle “as nearly as practicable entirely within a single lane.”); Brown v. State, 2009 MT 64, ¶ 23, 349 Mont. 408
Official Annotations archive.org, 1997 edition
History:
En. Sec. 56, Ch. 263, L. 1955
R.C.M. 1947, 32-2159
Amd. Sec. 2, Ch. 119, L. 1997