Table of Contents TITLE 61. MOTOR VEHICLES CHAPTER 8. TRAFFIC REGULATION Part 3. Vehicle Operating Requirements

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10 61-8-301 — Reckless driving -- reckl... 9 61-8-302 — Careless driving 10 61-8-303 — Speed restrictions 61-8-308 — Permission of authorities... 5 61-8-309 — Establishment of special... 2 61-8-310 — When local authorities ma... 1 61-8-311 — Minimum speed regulations 1 61-8-312 — Special speed limitations... 61-8-313 — Special speed limitations 4 61-8-314 — Traffic violations in con... 5 61-8-316 — Fleeing from or eluding p... 1 61-8-317 — Right-of-way for vehicles... 61-8-320 — Right-of-way for bicycles 9 61-8-321 — Drive on right side of ro... 61-8-322 — Passing vehicles proceedi... 61-8-323 — Overtaking vehicle on lef... 1 61-8-324 — Overtaking vehicle on rig... 61-8-325 — Limitations on overtaking... 1 61-8-326 — No-passing zones 1 61-8-327 — One-way roadways, rotary... 7 61-8-328 — Driving on roadways laned... 1 61-8-329 — Following too closely 3 61-8-330 — Driving on divided highwa... 61-8-331 — Restricted and controlled... 61-8-332 — Restrictions on use of co... 1 61-8-333 — Required position and met... 61-8-334 — Limitation on U-turns --... 61-8-335 — Starting parked vehicle 4 61-8-336 — Turning movements and req... 61-8-337 — Signals by hand and arm o... 61-8-338 — Method of giving hand-and... 2 61-8-339 — Vehicle approaching or en... 1 61-8-340 — Vehicle turning left at i... 3 61-8-341 — Vehicle entering through... 1 61-8-342 — Vehicles approaching "Yie... 2 61-8-343 — Vehicle entering roadway... 1 61-8-344 — Vehicles to stop at stop... 61-8-345 — Stop before emerging from... 2 61-8-346 — Operation of vehicles on... 61-8-347 — Obedience to signal indic... 61-8-348 — All vehicles to stop at c... 61-8-349 — Certain vehicles to stop... 61-8-350 — Moving heavy equipment at... 61-8-351 — Meeting or passing school... 61-8-352 — Prohibited operation of s... 61-8-353 — Stopping, standing, or pa... 61-8-354 — Stopping, standing, or pa... 1 61-8-355 — Additional parking regula... 61-8-356 — Prohibition against parki... 61-8-357 — Unattended motor vehicles 61-8-358 — Limitations on backing 61-8-359 — Riding on motorcycles or... 61-8-360 — Obstruction to driver's v... 61-8-361 — Driving on mountain highw... 61-8-362 — Coasting prohibited 61-8-363 — Following fire apparatus... 61-8-364 — Crossing firehose 61-8-365 — Putting refuse on highway... 61-8-366 — Riding on fenders or runn... 61-8-367 — Riding in housetrailers 61-8-368 — Opening and closing vehic... 61-8-369 — Shooting from or across r... 61-8-370 — Securing of load -- requi... 1 61-8-371 — Operation of motor vehicl... 61-8-372 — Littering with lighted ma... 61-8-375 — Unlawful operation of mot... 61-8-376 — Authorized operation of e... 61-8-377 — Medium-speed electric veh... 61-8-378 — Low-speed electric vehicl... 61-8-379 — Definitions 61-8-380 — Funeral procession right-... 61-8-381 — Equipment required for fu... 61-8-382 — Driving in funeral proces... 61-8-383 — Vehicles not in funeral p... 61-8-384 — Liability 61-8-391 — Operation of golf carts -...

Mont. Code Ann. § 61-8-301

(2011)

Reckless driving -- reckless endangerment of highway worker

(1) A person commits the offense of reckless driving if the person:

(a) operates a vehicle in willful or wanton disregard for the safety of persons or property; or

(b) operates a vehicle in willful or wanton disregard for the safety of persons or property while passing, in either direction, a school bus that has stopped and is displaying the visual flashing red signal, as provided in 61-8-351 and 61-9-402. This subsection (1)(b) does not apply to situations described in 61-8-351(6).

(2) A municipality may enact and enforce 61-8-715 and subsection (1) of this section as an ordinance.

(3) A person who is convicted of the offense of reckless driving or of reckless endangerment of a highway worker is subject to the penalties provided in 61-8-715.

(4) (a) A person commits the offense of reckless endangerment of a highway worker if the person purposely, knowingly, or negligently drives a motor vehicle in a highway construction zone in a manner that endangers persons or property or if the person purposely removes, ignores, or intentionally strikes an official traffic control device in a construction zone for reasons other than:

(i) avoidance of an obstacle;

(ii) an emergency; or

(iii) to protect the health and safety of an occupant of the vehicle or of another person.

(b) As used in this section:

(i) "construction zone" has the same meaning as is provided in 61-8-314; and

(ii) "highway worker" means an employee of the department of transportation, a local authority, a utility company, or a private contractor.

Opinions construing this section

10 opinions

2012 MT 185 Aug 28, 2012 Reversed

City of Whitefish v. Ralph Jentile

Majority by James C. Nelson · 6 to 1

d felony prosecution. Instead, Jentile was charged with three misdemeanors: Resisting Arrest in violation of § 45-7-301, MCA; Reckless Driving in violation of § 61-8-301(1), MCA; and Eluding a Peace Officer in violation of § 61-8-316, MCA. In addition, the City of Whitefish (the City) requested restitution for the damage to the two pa

2009 MT 221 Jul 1, 2009 Affirmed

State v. D. Hurlbert

Majority by James C. Nelson · 5 to 0

misdemeanor, in violation of § 45-10-103, MCA; speeding, a misdemeanor, in violation of § 61-8-303, MCA; and reckless driving, a misdemeanor, in violation of § 61-8-301, MCA. Hurlbert moved to suppress the evidence seized during the stop, but the District Court denied Hurlbert’s motion. Hurlbert then entered a guilty plea, rese

2009 MT 70 Mar 11, 2009 Affirmed

State v. Cybulski

Majority by James C. Nelson · 5 to 0

th DUI in violation of § 61-8-401, MCA; Driving on the Wrong Side of a Divided Highway in violation of § 61-8-330, MCA; and Reckless Driving in violation of § 61-8-301, MCA. On November 1, 2006, she pled guilty in Justice Court to the charge of Driving on the Wrong Side of a Divided Highway, and she was fined $85. Trial for the tw

2008 MT 128 Apr 21, 2008 Reversed

License Suspension of Cybulski

Majority by W. William Leaphart · 5 to 0

§ 61-8-401, MCA; second, for driving on the wrong side of a divided highway in violation of § 61-8-330, MCA; and third, for reckless driving in violation of § 61-8-301, MCA. The time of each offense was listed as five minutes after twelve. ¶11 Cybulski subsequently filed a petition for reinstatement of her driver’s license. T

2001 MT 296 Dec 27, 2001 Unknown opinion

Cut Bank v. Bird

Majority · 0 to 0

The District Court's order is perfectly logical when considered in light of the charges against Bird. Bird was charged with reckless driving in violation of § 61-8-301(b), MCA, for eluding a Cut Bank police officer. The notice to appear and complaint issued by the arresting officer identifies the location of the offense as West Main

Official Annotations archive.org, 2011 edition

History:

EnactedEn. SectionSec. 40, ChapterCh. 263, Laws ofL. 1955

AmendedAmd. SectionSec. 4, ChapterCh. 201, Laws ofL. 1957

AmendedAmd. SectionSec. 1, ChapterCh. 287, Laws ofL. 1977

Revised Codes of MontanaR.C.M. 1947, 32-2143(1), (4)

AmendedAmd. SectionSec. 1, ChapterCh. 209, Laws ofL. 1979

AmendedAmd. SectionSec. 1, ChapterCh. 221, Laws ofL. 1985

AmendedAmd. SectionSec. 1, ChapterCh. 561, Laws ofL. 2001 (HB 256 - Younkin, Cindy (R) HD 28)

AmendedAmd. SectionSec. 1, ChapterCh. 46, Laws ofL. 2003 (HB 112 - Pattison, Jeff (R) HD 95)

AmendedAmd. SectionSec. 1, ChapterCh. 352, Laws ofL. 2003 (HB 105 - Olson, Bernie (R) HD 76)

AmendedAmd. SectionSec. 3, ChapterCh. 379, Laws ofL. 2003 (HB 141 - Lange, Michael (R) HD 19)

Source text on leg.mt.gov