2017 Montana Legislature

Additional Bill Links     PDF (with line numbers)

SENATE BILL NO. 238

INTRODUCED BY M. MACDONALD

 

A BILL FOR AN ACT ENTITLED: "AN ACT DOUBLING THE FINES FOR VIOLATING THE MAXIMUM SPEED LIMIT BY MORE THAN 10 MILES PER HOUR; 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 shall be fined for violating the maximum speed limit in accordance with the following schedules:

     (a)  for a violation of 61-8-303(1)(a):

 Amount of Fine

 MPH in Excess of Speed Limit

 $40

 1 - 10 (daytime)

 40

 1 - 10 (nighttime)

 70 140

 11 - 20

 120 240

 21 - 30

 200 400

 31+

     (b)  for a violation of 61-8-303(1)(b), 61-8-309, or 61-8-312:

 Amount of Fine

 MPH in Excess of Speed Limit

 $20

 1 - 10 (daytime)

 20

 1 - 10 (nighttime)

 70 140

 11 - 20

 120 240

 21 - 30

200 400

 31+

     (2)  (a) 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 (2)(b) or (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:

     (i)  10 miles an hour during the daytime; or

     (ii) 5 miles an hour during the nighttime.

     (b)  If a driver is guilty of exceeding 90 miles an hour in violation of 61-8-303(1)(a), the violation may be recorded or charged against a driver's record and an insurance company may hold the violation against an insured driver's premium.

     (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.

     (5)  This section does not apply to the violation of a special speed zone established under 61-8-309 or 61-8-310."

- END -

 


Latest Version of SB 238 (SB0238.01)
Processed for the Web on February 13, 2017 (8:33am)

New language in a bill appears underlined, deleted material appears stricken.

Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted.

See the status of this bill for the bill's primary sponsor.

 Status of this Bill | 2017 Legislature | Leg. Branch Home
All versions of all bills (PDF format)
Authorized print version of this bill w/line numbers (PDF format)
[
NEW SEARCH ]

Prepared by Montana Legislative Services
(406) 444-3064