2007 Montana Legislature

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SENATE BILL NO. 330

INTRODUCED BY J. O'NEIL

 

A BILL FOR AN ACT ENTITLED: "AN ACT INCREASING THE AMOUNT BY WHICH A DRIVER MAY EXCEED THE SPEED LIMIT WITHOUT HAVING THE SPEEDING VIOLATION CHARGED AGAINST THE DRIVER'S RECORD OR RESULT IN AN INCREASE IN INSURANCE PREMIUMS; AND AMENDING SECTION 61-8-725, MCA."

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

 

     Section 1.  Section 61-8-725, MCA, is amended to read:

     "61-8-725.  Penalty for violation of speed limits -- no record for certain violations. (1) 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                                                                                                         ;                                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), 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 15 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."

- END -

 


Latest Version of SB 330 (SB0330.01)
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