2017 Montana Legislature

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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)

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