Table of Contents TITLE 61. MOTOR VEHICLES CHAPTER 8. TRAFFIC REGULATION Part 3. Vehicle Operating Requirements
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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 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 61-8-385 61-8-386 61-8-387 61-8-388 61-8-389 61-8-390 61-8-391 1 61-8-392

Mont. Code Ann. § 61-8-303

(2023)

Speed restrictions

(1) Except as provided in 61-8-309, 61-8-310, and 61-8-312, the speed limit for vehicles traveling:

(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 other public highway of this state is 70 miles an hour during the daytime and 65 miles an hour during the nighttime;

(c) in an urban district is 25 miles an hour.

(2) A vehicle subject to the speed limits imposed in subsection (1) may exceed the speed limits imposed in subsection (1) by 10 miles an hour in order to overtake and pass a vehicle and return safely to the right-hand lane under the following circumstances:

(a) while traveling on a two-lane road; and

(b) in a designated passing zone.

(3) Subject to 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) Except when a special hazard exists that requires lower speed for compliance with subsection (3), the limits specified in this section are the maximum lawful speeds allowed.

(5) "Daytime" means from one-half hour before sunrise to one-half hour after sunset. "Nighttime" means at any other hour.

(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.

Opinions construing this section

10 opinions
2021 MT 315N Dec 14, 2021 Affirmed
State v. M. Prichard
Majority by Laurie McKinnon · 5 to 0
to testify, then asking to give a closing statement, Prichard was sworn in to testify. Prichard offered into evidence a copy of a 1997 Session Law version of § 61-8-303, MCA, to demonstrate “reasonable doubt as to whether the speed limit, 35 mile an hour speed limit, was established under [§ 61-8-309, MCA] or not.”1 In his clo
2021 MT 123 May 18, 2021 Affirmed
Walden v. Yellowstone Electric
Majority by Mike McGrath · 5 to 0
der the conditions existing at the point of operation, taking into account the amount and character of traffic, visibility, weather, and roadway conditions.” Section 61-8-303(3), MCA (emphasis added). Furthermore, we have noted that “[d]rivers constantly face” hazards such as “black ice, animals running on the highway, or a chuckhole
2021 MT 3 Jan 5, 2021 Affirmed
Matter of Justin B. Dickey
Majority by Mike McGrath · 5 to 0
able information, Dickey’s only violation in the Eleventh Judicial District is his March 6, 2003 speeding violation in Kalispell, ostensibly in violation of § 61-8-303, MCA (“[T]he speed limit for vehicles traveling . . . in an urban district is 25 miles per hour.”). ¶14 Neither the Expungement Act nor Title 61, MCA, define
2018 MT 289 Nov 27, 2018 Affirmed in part, reversed in part
State v. French
Majority by Beth Baker · 5 to 0
_________________________ Clerk Justice Beth Baker delivered the Opinion of the Court. ¶1 Mark French appeals his conviction for speeding in violation of § 61-8-303(1)(b), MCA, following a trial de novo in the Twentieth Judicial District Court, Sanders County. We restate the dispositive issues as follows: 1. Did the District Court er
2015 MT 289 Oct 6, 2015 Affirmed
Missoula v. Justin Sharp
Majority by Mike McGrath · 6 to 0
Of course, an officer observing a vehicle speeding has particularized suspicion to perform an investigatory stop related to the speeding. See §§ 46-5-401 and 61-8-303, MCA; State v. Hurlbert, 2009 MT 221, ¶ 21, 351 Mont. 321, 211 P.3d 874. Then, “if additional objective data of wrongdoing exists, the additional information may
Official Annotations archive.org, 2023 edition
History:
En. Sec. 41, Ch. 263, L. 1955
Amd. Sec. 1, Ch. 190, L. 1967
Amd. Sec. 55, Ch. 316, L. 1974
R.C.M. 1947, 32-2144
Amd. Sec. 1, Ch. 173, L. 1989
Amd. Sec. 6, Ch. 75, L. 1995
Amd. Sec. 1, Ch. 78, L. 1995
Amd. Sec. 2, Ch. 287, L. 1995
Amd. Sec. 3, Ch. 473, L. 1997
Amd. Sec. 2, Ch. 43, L. 1999 (SB 133 - Mohl, Arnie (R) SD 39)
Amd. Sec. 2, Ch. 352, L. 2003 (HB 105 - Olson, Bernie (R) HD 76)
Amd. Sec. 1, Ch. 540, L. 2003 (HB 259 - Maedje, Rick (R) HD 81)
Amd. Sec. 1, Ch. 349, L. 2007 (SB 302 - Barkus, Gregory (R) SD 4)
Amd. Sec. 5, Ch. 393, L. 2013 (HB 559 - Bangerter, Liz (R) HD 80)
Amd. Sec. 1, Ch. 395, L. 2015 (SB 375 - Sales, Scott (R) SD 35)
Amd. Sec. 1, Ch. 125, L. 2017 (HB 471 - Flynn, Kelly (R) HD 70)
Amd. Sec. 27, Ch. 299, L. 2019 (SB 51 - Barrett, Dick (D) SD 45)
Amd. Sec. 1, Ch. 161, L. 2023 (HB 27 - Duram, Neil (R) HD 2)
Source text on leg.mt.gov