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10 61-8-301 9 61-8-302 10 61-8-303 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 5 61-8-316 1 61-8-317 61-8-320 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. § 61-8-309

(2003)

Establishment of special speed zones

(1) (a) If the commission determines upon the basis of an engineering and traffic investigation that a speed limit set by 61-8-303 is greater or less than is reasonable or safe under the conditions found to exist at an intersection, curve, or dangerous location or on a segment of a highway less than 50 miles in length under its jurisdiction, the commission may set a reasonable and safe special speed limit at that location.

(b) If a local authority requests the department of transportation or an engineer, as provided in subsection (1)(c)(i), to conduct an engineering and traffic investigation based on the belief that a speed limit on a highway under the jurisdiction of the department of transportation is greater than is reasonable or safe, the commission may not increase the speed limit under consideration as a result of the investigation.

(c) (i) A local authority may request at its own expense that an engineering and traffic investigation be completed by a licensed professional engineer selected from a list compiled and approved by a committee as provided in subsection (1)(c)(ii).

(ii) A committee containing two department of transportation staff appointed by the director and two representatives of associations whose membership comprises cities, towns, and counties, as authorized by 7-5-2141 and 7-5-4141, shall review credentials submitted by licensed professional engineers and shall determine who appears on the list of individuals authorized to conduct engineering and traffic investigations for local governments. The list must be updated every 2 years.

(iii) Upon completion of an engineering and traffic investigation conducted for a local government, the department of transportation shall submit a report to the commission with findings and recommendations. The commission shall decide on an appropriate speed limit based on the traffic investigation within 120 days from the date the investigation is submitted to the department of transportation.

(d) A local authority may request a temporary special reduced or increased speed zone for a route or route segment that is under consideration for a reduced or increased speed limit under subsection (1)(a), (1)(b), or (1)(c). If a local authority makes multiple requests for temporary special reduced or increased speed zones, the local authority shall prioritize the requests. The department of transportation shall conduct a preliminary visual and engineering review of a route or a route segment for which a temporary special speed zone is requested. The reviewing party must include a representative of the local authority. Upon completion of the preliminary review, if the department of transportation concurs with the local authority that a temporary special reduced or increased speed limit is warranted, a temporary special reduced or increased speed zone may be established upon formal approval by the commission. The temporary special reduced or increased speed limit remains in effect until a complete traffic and engineering study has been done on the route or route segment and the commission has made a determination on changing the speed limit.

(2) The department of transportation shall erect and maintain appropriate signs giving notice of special limits. When the signs are erected, the limits are effective for those zones at all times or at other times that the commission sets.

(3) The authority of the commission under this section includes the authority to set reduced nighttime speed limits on curves and other dangerous locations.

(4) This section does not authorize the commission to set a statewide speed limit.

Opinions construing this section

5 opinions
2021 MT 324 Dec 28, 2021 Reversed
State v. Q. Smith
Majority by Beth Baker · 7 to 0 with 1 concurring
d Smith after he refused to comply with the officers’ directives, and Deputy Monaco arrested him. ¶6 The State charged Smith with speeding, in violation of § 61-8-309, MCA, obstructing a peace officer in violation of § 45-7-302, MCA, DUI in violation of § 61-8-401, MCA, and resisting arrest in violation of § 45-7-301, MCA, al
2021 MT 315N Dec 14, 2021 Affirmed
State v. M. Prichard
Majority by Laurie McKinnon · 5 to 0
orts. ¶2 Mark Prichard appeals the order of the First Judicial District Court, Lewis and Clark County, affirming his conviction for speeding in violation of § 61-8-309(1), MCA, from the Lewis and Clark County Justice Court. We affirm. ¶3 After an October 23, 2020, bench trial, the Lewis and Clark County Justice Court found Prichar
2014 MT 58 Mar 4, 2014 Affirmed
State v. Ziolkowski
Majority by Laurie McKinnon · 5 to 0
g arrest, in violation of § 45-7-301, MCA; failing to carry motor vehicle liability insurance, in violation of § 61-6-301, MCA; and speeding, in violation of § 61-8-309, MCA. At her initial appearance in Justice Court, Ziolkowski indicated that she would not proceed without counsel. The Justice Court, therefore, rescheduled the ini
2014 MT 22 Jan 28, 2014 Affirmed
State v. Luke
Majority by Laurie McKinnon · 6 to 0
rance, in violation of § 61-6-302(2), MCA; possession of an open alcoholic beverage container, in violation of § 61-8-460, MCA; and speeding, in violation of § 61-8-309, MCA. Luke appeared in the Justice Court on December 5, 2011, and entered pleas of not guilty. ¶4 The Justice Court held an omnibus hearing on February 7, 2012. L
2011 MT 177N Jul 26, 2011 Affirmed
State v. Stambaugh
Majority by Patricia Cotter · 5 to 0
?2 Charles Stambaugh (Stambaugh) was charged with Driving Under the Influence of Alcohol (DUI) in violation of § 61-8-401, MCA, and speeding in violation of § 61-8-309, MCA. On December 17, 2010, a Lincoln County jury found Stambaugh guilty of both charges. On December 20, 2010, the Nineteenth Judicial District Court fined Stambau
Official Annotations archive.org, 2003 edition
History:
En. Sec. 42, Ch. 263, L. 1955
Amd. Sec. 1, Ch. 204, L. 1959
Amd. Sec. 1, Ch. 178, L. 1961
Amd. Sec. 56, Ch. 316, L. 1974
R.C.M. 1947, 32-2145
Amd. Sec. 3, Ch. 512, L. 1991
Amd. Sec. 1, Ch. 73, L. 1995
Amd. Sec. 1, Ch. 206, L. 1997
Amd. Sec. 4, Ch. 43, L. 1999 (SB 133 - Mohl, Arnie (R) SD 39)
Amd. Sec. 1, Ch. 93, L. 2001