HOUSE BILL NO. 275
INTRODUCED BY R. KOOPMAN
A BILL FOR AN ACT ENTITLED: "AN ACT REDUCING THE PENALTY FOR A SPEEDING VIOLATION IF FRONT HEADLIGHTS ARE IN USE DURING DAYTIME HOURS ON PRIMARY AND INTERSTATE HIGHWAYS; AND AMENDING SECTION 61-8-725, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Reduction of fines for speeding violations for daytime use of headlights. A driver of a vehicle who receives a speeding violation pursuant to 61-8-303 must have the penalties proscribed in 61-8-725 reduced by 20% if the vehicle has the headlights engaged at any time from one-half hour after sunrise to one-half hour before sunset. This reduction in penalties applies only to vehicles being driven on primary and interstate highways.
Section 2. Section 61-8-725, MCA, is amended to read:
"61-8-725. Penalty for violation of speed limits -- no record for certain violations. (1) Subject to [section 1], a A person violating the speed limit imposed pursuant to 61-8-303 shall be fined in accordance with the following schedule:
Amount of Fine MPH in Excess of Speed Limit
$ 20 0; 1 - 10 (daytime)
20 1 - 10 (nighttime)
40 11 - 20
70 21 - 30
100 ; 31+
(2) A violation of a speed limit imposed pursuant to 61-8-303 is not a criminal offense within the meaning of 3-1-317, 45-2-101, 46-18-236, 61-8-104, and 61-8-711 and, except as provided in subsection (4) of this section, may not be recorded or charged against a driver's record, and an insurance company may not hold a violation of a speed limit against the insured or increase premiums because of the violation if the speed limit is exceeded by no more than:
(a) 10 miles an hour during the daytime; or
(b) 5 miles an hour during the nighttime.
(3) The surcharge provided for in 3-1-317 may not be imposed for a violation of 61-8-303.
(4) The recordkeeping restrictions provided in subsection (2) with respect to a person's driving record do not apply to a speed limit violation or conviction that was committed by:
(a) a Montana resident in another state whose violation or conviction was reported to the department by a court or the licensing authority in the state in which the violation occurred; or
(b) a person who holds a commercial driver's license regardless of whether or not the violation occurred while the person was operating a commercial motor vehicle."
NEW SECTION. Section 3. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 61, chapter 8, part 3, and the provisions of Title 61, chapter 8, part 3, apply to [section 1].
- END -
Latest Version of HB 275 (HB0275.01)
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