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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 61-8-375 61-8-376 61-8-377 61-8-378 61-8-379 61-8-380 61-8-381 61-8-382 61-8-383 61-8-384 61-8-391

Mont. Code Ann. § 61-8-314

(2011)

Traffic violations in construction zone and work zone -- definitions

(1) As used in this section, the following definitions apply:

(a) "Construction zone" means an area on a public highway or on the adjacent right-of-way where construction, repair, maintenance, or survey work is being performed by the department of transportation, a local authority, a utility company, or a private contractor under contract with the department of transportation or a local authority. A construction zone may include a work zone.

(b) "Public highway" has the same meaning as in 60-1-103.

(c) "Work zone" means the area where the construction, repair, maintenance, or survey work is actually taking place. The boundaries of the work zone must be clearly identified by the posting of signs.

(2) A person may not operate a motor vehicle in a construction zone or in a work zone on a public highway in violation of any of the provisions of part 3 of this chapter.

(3) The speed limit in a construction zone or in a work zone must be set by the department of transportation or the local authority based on traffic conditions or the condition of the construction, repair, maintenance, or survey project.

(4) (a) If the department of transportation, the local authority, the utility company, or the private contractor determines, based on traffic conditions or the condition of the construction, repair, maintenance, or survey project, that special speed limits in work zones or construction zones are warranted, then the department, the local authority, the utility company, or the private contractor shall post signs that:

(i) conform to the department of transportation's manual on uniform traffic control devices;

(ii) indicate the boundaries of the construction zone and the work zone; and

(iii) display the speed limit in effect within both zones.

(b) The department of transportation, the local authority, the utility company, or the private contractor shall clearly indicate at the boundary of a construction zone that a person who violates any of the provisions of part 3 of this chapter in the work zone is subject to the fine provided in subsection (5)(a).

(c) The boundaries of the work zone may not exceed 500 feet in advance of and beyond the actual construction activity.

(d) The department of transportation, the local authority, the utility company, or the private contractor shall remove or cover the signs when no work is in progress and no hazard exists.

(5) (a) A person convicted of a traffic violation in a work zone is guilty of a misdemeanor. Upon arrest and conviction, the person shall be punished by a fine of not less than double the penalty provided for the violation in part 7 of this chapter.

(b) A person convicted of a traffic violation in a construction zone is guilty of a misdemeanor. Upon arrest and conviction, the person is subject to the penalty provided for the violation in part 7 of this chapter.

Opinions construing this section

4 opinions
2023 MT 120 Jun 20, 2023 Affirmed
State v. N. Akhmedli
Majority by Jim Rice · 5 to 0
r speeding in a construction zone, and argued the “provision unlawfully delegated legislative authority to an administrative agency.” The statute at issue, § 61-8-314(5)(a), MCA, provided any “person convicted of a traffic violation in a work zone is guilty of a misdemeanor.” Noting we had previously held that the authority to esta
2021 MT 315N Dec 14, 2021 Affirmed
State v. M. Prichard
Majority by Laurie McKinnon · 5 to 0
other 5 exception is found in § 61-8-312, MCA, which establishes special speed limits for heavy trucks, truck tractors, and motor-driven cycles. Likewise, § 61-8-314, MCA, establishes special speed limits for construction zones and work zones. ¶15 Section 61-8-309(1), MCA, serves as an additional exception to the speed limits
2013 MT 272 Sep 24, 2013 Affirmed
Irvin v. State
Majority by Michael E Wheat · 5 to 0
(2003), with § 61-8-206, MCA (2003), to illustrate that it does not have the only authority to place traffic control devices on highways in the state. Indeed, § 61-8-314(4)(a), MCA (2003), authorizes a State, a local authority, a utility company or a private contractor to post speed limit signs—which are within the definition of a traff
2011 MT 258 Oct 18, 2011 Reversed
Walter Fasch v. M.K. Weeden, et al
Majority by Jim Rice · 5 to 0
highway. Based upon the weighing of evidence, the District Court concluded Fasch had failed to stay on the old highway in violation of § 61-8-328 (1), (3) and § 61-8-314, MCA (2003), and as a result, the Defendants owed no duty to Fasch because he was an unforeseeable plaintiff who was not in the zone of risk. ¶22 We conclude that
Official Annotations archive.org, 2011 edition
History:
En. Sec. 1, Ch. 473, L. 1997
Amd. Sec. 1, Ch. 430, L. 1999 (HB 187 - Tropila, Joe (D) HD 47)