HOUSE BILL NO. 450

INTRODUCED BY B. RANEY

A BILL FOR AN ACT ENTITLED: "AN ACT IMPOSING FINES ON COMMERCIAL MOTOR VEHICLE OPERATORS FOR EXCESSIVE SPEEDS AND ROADWAY ENDANGERMENT; CREATING THE OFFENSE OF ROADWAY ENDANGERMENT; DEFINING "INCLEMENT WEATHER"; REQUIRING A COMMERCIAL MOTOR VEHICLE OPERATOR TO OPERATE THE VEHICLE IN A SAFE MANNER AND IN A WAY THAT DOES NOT ENDANGER MOTORISTS OPERATING ON THE SAME HIGHWAY IN INCLEMENT WEATHER CONDITIONS."

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

NEW SECTION. Section 1. Penalty for exceeding speed limit. An operator of a commercial motor vehicle, as that term is defined in 61-1-134, who violates the speed limits imposed pursuant to 61-8-312, is guilty of a misdemeanor and shall be fined in accordance with the following schedule:

Amount of fine	MPH in excess

$100	1-10

$200	11-20

$300	21-30

$400	31+

NEW SECTION. Section 2. Definitions. For the purposes of this part, the following definitions apply:

(1) "Inclement weather" means hazardous weather conditions that impede the ability of the operator of a motor vehicle to drive safely at designated speeds and those speeds provided for in 61-8-312. Weather conditions that may be considered hazardous to vehicles sharing the highway with a commercial motor vehicle include, but are not limited to, blowing snow, ice or packed snow on the roadway, slush, sleet, heavy rain, fog, dust, and smoke.

(2) "Roadway endangerment" means the operation of a commercial motor vehicle in inclement weather at a speed or in a manner that endangers the drivers of other vehicles on the highway.

NEW SECTION. Section 3. Roadway endangerment -- penalties. (1) The operator of a commercial motor vehicle who operates the commercial motor vehicle in a hazardous manner or in excess of the speed limits required under 61-8-312 on a public highway in inclement weather has committed the offense of roadway endangerment.

(2) Roadway endangerment is a misdemeanor, punishable by a fine of not less than $100 and not more than $600.

NEW SECTION. Section 4. Codification instruction. [Sections 1 through 3] are intended to be codified as an integral part of Title 61, chapter 8, part 8, and the provisions of Title 61, chapter 8, part 8, apply to [sections 1 through 3].

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