1999 Montana Legislature

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HOUSE BILL NO. 22

INTRODUCED BY KITZENBERG S



A BILL FOR AN ACT ENTITLED: "AN ACT ENHANCING PUBLIC SAFETY ON MONTANA ROADWAYS BY IMPOSING A DAYTIME SPEED LIMIT ON FEDERAL-AID INTERSTATE AND OTHER PUBLIC HIGHWAYS OF THE STATE; ESTABLISHING A PENALTY SCHEDULE AND PROVIDING MISDEMEANOR PENALTIES FOR MOST VIOLATIONS; PROVIDING THAT CERTAIN VIOLATIONS DO NOT COUNT AGAINST A DRIVER'S RECORD AND CANNOT BE USED TO INCREASE INSURANCE PREMIUMS; REQUIRING DRIVERS OF VEHICLES TO DRIVE WITH LIGHTED HEADLAMPS AT ALL TIMES; AMENDING SECTIONS 7-14-2113, 61-8-303, 61-8-304, 61-8-309, 61-8-310, 61-8-312, 61-8-718, 61-9-201, 61-9-202, 61-9-203, 61-9-207, 61-9-213, 61-9-215, 61-9-216, 61-9-221, 61-9-225, 61-9-415, AND 61-11-203, MCA; REPEALING SECTIONS 61-8-305, 61-8-306, 61-8-307, AND 61-11-103, MCA; AND PROVIDING AN EFFECTIVE DATE."



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



     Section 1.  Section 7-14-2113, MCA, is amended to read:

     "7-14-2113.  County authority to establish speed limits. A board of county commissioners may, by ordinance, establish a special speed limit in accordance with 61-8-306 and 61-8-310 on any county road."



     Section 2.  Section 61-8-303, MCA, is amended to read:

     "61-8-303.  Speed restrictions -- basic rule. (1) A person operating or driving a vehicle of any character on a public highway of this state shall drive the vehicle in a careful and prudent manner and at a rate of speed no greater than is reasonable and proper under the conditions existing at the point of operation, taking into account the amount and character of traffic, condition of brakes, weight of vehicle, grade and width of highway, condition of surface, and freedom of obstruction to the view ahead. The person operating or driving the vehicle shall drive the vehicle so as not to unduly or unreasonably endanger the life, limb, property, or other rights of a person entitled to the use of the street or highway.

     (2)  When no special hazard exists that requires lower speed for compliance with subsection (1), the speed of a vehicle not in excess of the limits specified in 61-8-304 and this section or established as authorized in 61-8-309 through 61-8-311 and 61-8-313 is lawful, but a speed in excess of the following limits is unlawful:

     (a)  25 miles per an hour in an urban district;

     (b)  55 miles per an hour in other locations during the nighttime, except that the nighttime speed limit on completed sections of interstate highways is 65 miles per an hour.

     (3)  "Daytime" means from one-half hour before sunrise to one-half hour after sunset. "Nighttime" means at any other hour.

     (4)  The speed limits set forth in this section may be altered by the transportation commission or a local authority as authorized in 61-8-309, 61-8-310, 61-8-313, and 61-8-314.

     (5)  The driver of a vehicle shall, consistent with subsection (1), drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon a narrow or winding roadway, and when a special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway condition."



     Section 3.  Section 61-8-304, MCA, is amended to read:

     "61-8-304.  Fuel conservation Daytime speed limit -- exception to the basic rule. (1) In order to insure conservation of a resource Except as provided in 61-8-309, 61-8-310, and 61-8-312, the daytime speed limit for vehicles traveling on a federal-aid interstate highway outside an urbanized area of 50,000 population or more is 65 miles an hour and the speed limit for vehicles traveling on federal-aid interstate highways within an urbanized area of 50,000 population or more or on any other public highway of this state is 55 75 miles an hour, except as provided under 61-8-309.

     (2)  A speed limit imposed pursuant to this section is an exception to the requirements of 61-8-303 and 61-8-312, and a speed in excess of the speed limit established pursuant to this section is unlawful notwithstanding any provision of 61-8-303 and 61-8-312."



     Section 4.  Section 61-8-309, MCA, is amended to read:

     "61-8-309.  Establishment of special speed zones. (1) (a) If the commission determines upon the basis of an engineering and traffic investigation that a speed limit set by 61-8-303 or 61-8-304 is greater or less than is reasonable or safe under the conditions found to exist at an intersection, curve, dangerous location, or any other part of a highway under its jurisdiction, the commission may set a reasonable and safe special speed limit at that location.

     (b)  If a local authority requests the department of transportation or an engineer, as provided in subsection (1)(c)(i), to conduct an engineering and traffic investigation based on the belief that a speed limit on a highway under the department's jurisdiction is greater than is reasonable or safe, the commission may not increase the speed limit under consideration as a result of the investigation.

     (c)  (i) A local authority may request at its own expense that an engineering and traffic investigation be completed by a licensed professional engineer selected from a list compiled and approved by a committee as provided in subsection (1)(c)(ii).

     (ii) A committee containing two department of transportation staff appointed by the director and two representatives of associations whose membership comprises cities, towns, and counties, as authorized by 7-5-2141 and 7-5-4141, shall review credentials submitted by licensed professional engineers and shall determine who appears on the list of individuals authorized to conduct engineering and traffic investigations for local governments. The list must be completed by October 1, 1997, and must be updated every 2 years.

     (iii) Upon completion of an engineering and traffic investigation conducted for a local government, the department of transportation shall submit a report to the commission with findings and recommendations. The commission shall decide on an appropriate speed limit based on the traffic investigation within 120 days from the date the investigation is submitted to the department.

     (2)  The department of transportation shall erect and maintain appropriate signs giving notice of these special limits. When they are erected, the limits are effective at that part at all times or at other times that the commission sets.

     (3)  The authority of the commission under this section includes the authority to set reduced nighttime speed limits on curves and other dangerous locations.

     (4)  This section does not authorize the commission to set a statewide speed limit."



     Section 5.  Section 61-8-310, MCA, is amended to read:

     "61-8-310.  When local authorities may and shall alter limits. (1) If a local authority in its jurisdiction determines on the basis of an engineering and traffic investigation that the speed permitted under 61-8-303, 61-8-304, and 61-8-309 through 61-8-313 is greater or less than is reasonable and safe under the conditions found to exist upon a highway or part of a highway, the local authority may set a reasonable and safe limit that:

     (a)  decreases the limit at an intersection;

     (b)  increases the limit within an urban district, but not to more than 55 miles per an hour during the nighttime;

     (c)  decreases the limit outside an urban district, but not to less than 15 miles per an hour; or

     (d)  decreases the limit in an area near a school, a senior citizen center, as defined in 23-5-112, or a designated crosswalk, as crosswalk is defined in 61-1-209, that is close to a school or a senior citizen center to not less than 80%, rounded down to the nearest whole number evenly divisible by 5, of the limit that would be set on the basis of an engineering and traffic investigation, but and to not less than 15 miles an hour. If warranted by an engineering and traffic investigation, a local authority may adopt variable speed limits to adapt to traffic conditions by time of day, provided that the variable limits comply with the provisions of 61-8-206.

     (2)  A board of county commissioners may set limits, as provided in subsection (1)(c), without an engineering and traffic investigation on a county road, as defined in 60-1-103.

     (3)  A local authority in its jurisdiction may determine the proper speed for all arterial streets and shall set a reasonable and safe limit on arterial streets that may be greater or less than the speed permitted under 61-8-303 or 61-8-304 for an urban district.

     (4)  An altered limit established as authorized under this section is effective at all times or at other times determined by the authority when appropriate signs giving notice of the altered limit are erected upon the highway.

     (5)  Except as provided in subsection (1)(d), the commission has exclusive jurisdiction to set special speed limits on all federal-aid highways or extensions of federal-aid highways in all municipalities or urban areas. The commission shall set these limits in accordance with 61-8-309."



     Section 6.  Section 61-8-312, MCA, is amended to read:

     "61-8-312.  Special speed limitations on trucks, truck tractors, motor-driven cycles, and vehicles towing housetrailers -- lighted lamp requirement for motor-driven cycles. (1) A person may not operate a truck or truck tractor, the gross weight of which exceeds 8,000 pounds, at a speed greater than 65 miles an hour on those completed sections of interstate and four-lane divided highways and 60 miles an hour on those completed sections of primary and secondary highways. However, the truck nighttime speed limit may not exceed that of automobiles, as stated in 61-8-303.

     (2)  A person may not operate a vehicle subject to a term permit under 61-10-124(2)(d) or a truck-trailer-trailer or truck tractor-semitrailer-trailer-trailer combination of vehicles subject to special permits under 61-10-124(4) at a speed greater than 55 miles an hour.

     (3)  A Except as provided in 61-9-203(2), a person may not operate a motor-driven cycle at any time mentioned in 61-9-201 at a speed greater than 35 miles an hour unless the motor-driven cycle is equipped with a headlamp or lamps that are adequate to reveal a person or vehicle at a distance of 300 feet ahead.

     (4)  A person may not operate a vehicle that is towing a housetrailer at a speed greater than a maximum of 50 miles an hour."



     Section 7.  Section 61-8-718, MCA, is amended to read:

     "61-8-718.  Penalty for violation of fuel conservation daytime speed limit. (1) A Except as provided in subsection (2), a person violating the speed limit imposed pursuant to 61-8-304 is guilty of the offense of unnecessary waste of a resource and upon conviction shall be fined $5, and no jail sentence may be imposed. Bond for this offense shall be $5. a misdemeanor and shall be fined in accordance with the following schedule:

Amount of Fine MPH in Excess of

Speed Limit

$ 40 11-15 mph

55 16-20 mph

75 21-25 mph

100 26+ mph

     (2)  A violation of 61-8-304 is not a misdemeanor pursuant to 45-2-101, 61-8-104, or 61-8-711. If the speed limit imposed pursuant to 61-8-304 is exceeded by no more than 10 miles an hour, the driver of the vehicle shall upon conviction be fined $25. A violation penalized under this subsection may not be recorded or charged against the driver's record, and an insurance company may not hold a violation against the insured or increase premiums because of a violation penalized under this subsection."



     Section 8.  Section 61-9-201, MCA, is amended to read:

     "61-9-201.  When lighted lamps are required. Every Subject to exceptions for parked vehicles, each driver of a vehicle when traveling upon a highway within this state at any time from one-half hour after sunset to one-half hour before sunrise and at any other time when due to insufficient light or unfavorable atmospheric conditions persons and vehicles on the highway are not clearly discernible at a distance of 500 feet ahead shall display at all times drive with lighted lamps and illuminating devices as hereinafter respectively required by this part for different classes of vehicles, subject to exceptions with respect to parked vehicles."



     Section 9.  Section 61-9-202, MCA, is amended to read:

     "61-9-202.  Visibility distance and mounted height of lamps. (1) Whenever a requirement is hereinafter declared by this part as to the distance from which certain lamps and devices shall must render objects visible or within which such the lamps or devices shall must be visible, said the provisions shall apply during the all times stated in 61-9-201 in respect to a vehicle without a load when upon a straight, level, unlighted highway under normal atmospheric conditions unless a different time or condition is expressly stated.

     (2)  Whenever a requirement is hereinafter declared by this part as to the mounted height of lamps or devices, it shall mean means from the center of such the lamp or device to the level ground upon which the vehicle stands when such the vehicle is without a load."



     Section 10.  Section 61-9-203, MCA, is amended to read:

     "61-9-203.  Headlamps on motor vehicles. (1) A motor vehicle other than a motorcycle, quadricycle, or motor-driven cycle must be equipped with at least two headlamps, with at least one on each side of the front of the motor vehicle, that comply with the requirements and limitations set forth in this chapter.

     (2)  A motorcycle, quadricycle, or motor-driven cycle must be equipped with at least one and not more than two headlamps that comply with the requirements and limitations of this chapter. If a motorcycle is registered under 61-3-411 as a collector's item, it need not be equipped with headlamps; however, if it is not equipped with headlamps, it may not be operated upon a highway or street from one-half hour after sunset to one-half hour before sunrise or if persons and vehicles are not clearly discernible at a distance of 500 feet. A motorcycle may be equipped with a means of modulating the high beam of its headlamps between high and low beam at a rate of 200 to 280 flashes a minute; however, an operator may not modulate the headlamps at that rate during periods when headlamps are required to be lighted by 61-9-201 the nighttime, as defined in 61-8-303, or at any other time when because of insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 500 feet.

     (3)  A headlamp upon a motor vehicle, including a motorcycle, quadricycle, and motor-driven cycle, must be located at a height, measured from the center of the headlamp, of not more than 54 inches or less than 22 inches, to be measured as provided in 61-9-202(2).

     (4)  When lighted headlamps are required to be lighted by 61-9-201, a person may not operate a motor vehicle on a highway with headlamps that are composed of, covered by, or treated with a tinted or colored material, substance, system, or component that obscures the headlamps or diminishes the distance of visibility required by this section.

     (5)  This section does not prohibit the operation or sale of a motor vehicle the headlamps of which are composed of, covered by, or treated with a tinted or colored material, substance, system, or component with which the vehicle was sold or could have been equipped for sale when new as standard or optional equipment in compliance with federal statute or regulation governing the sale at the time of manufacture."



     Section 11.  Section 61-9-207, MCA, is amended to read:

     "61-9-207.  Application of succeeding sections. Sections 61-9-208 through 61-9-229 apply as stated in those sections to vehicles of the type enumerated in those sections when operated upon a highway. The vehicles must be equipped as required and all lamp equipment required must be lighted at all times mentioned in 61-9-201 when traveling upon a highway within this state except that clearance and side marker lamps need not be lighted on a vehicle when operated within a municipality when there is sufficient light to render clearly discernible persons and vehicles on the highway at a distance of 1,000 feet."



     Section 12.  Section 61-9-213, MCA, is amended to read:

     "61-9-213.  Lamp or flag on projecting load. (1) Whenever the load upon a vehicle extends to the rear 4 feet or more beyond the rear of the vehicle, the following lamps and reflectors must be displayed at the extreme rear end of the load, at the all times specified in 61-9-201 when traveling upon a highway within this state:

     (a) a red lamp plainly visible from a distance of at least 500 feet to the sides and 1,000 feet to the rear and located to indicate maximum overhang; and

     (b)  a red reflector visible at night at all distances from 100 feet to 600 feet to the rear when directly in front of lawful lower beams of headlamps.

     (2)  The red lights and reflectors required under this section must be are in addition to the red lights required upon a vehicle. At any other time, there must be displayed at the extreme rear end of the load a red flag or cloth not less than 12 inches square, marking the extremities of the load, at each point where a lamp or reflector would otherwise be required by this section."



     Section 13.  Section 61-9-215, MCA, is amended to read:

     "61-9-215.  Lamps on farm tractors, farm equipment, and implements of husbandry. (1) When traveling upon a highway within this state, a A farm tractor and a self-propelled farm equipment unit or implement of husbandry not equipped with an electric lighting system must at all times mentioned in 61-9-201 be equipped with at least one lamp displaying a white light visible from a distance of not less than 500 feet to the front of the vehicle, at least one lamp displaying a red light visible from a distance of not less than 500 feet to the rear of the vehicle, and two red reflectors visible from a distance of 100 to 600 feet to the rear when illuminated by the upper beams of headlamps. The lights required in this section must be positioned so that one lamp showing to the front and one lamp or reflector showing to the rear indicates indicate the farthest projection of the tractor, unit, or implement on the side of the road used in passing the vehicle.

     (2)  When traveling upon a highway within this state, a A combination of farm tractor and towed unit of farm equipment or implement of husbandry not equipped with an electric lighting system or an implement of husbandry being towed by a motor vehicle must at all times mentioned in 61-9-201 be equipped with the following lamps:

     (a)  at least one lamp mounted to indicate the extreme left projection of the combination and displaying a white light visible from a distance of not less than 500 feet to the front of the combination; and

     (b)  two lamps, each displaying a red light visible from a distance of not less than 500 feet to the rear of the combination, or at least one lamp displaying a red light visible from a distance of not less than 500 feet to the rear of the combination and two red reflectors visible from a distance of 100 to 600 feet to the rear of the combination when illuminated by the upper beams of headlamps. The lamps or reflectors must be mounted to indicate the extreme left and right rear projections of the towed unit or implement on the highway.

     (3)  When traveling upon a highway within this state, a A farm tractor and a self-propelled unit of farm equipment or implement of husbandry equipped with an electric lighting system must at all times mentioned in 61-9-201 be equipped with two multiple-beam or single-beam headlamps meeting the requirements of 61-9-220 or 61-9-222 and two red lamps visible from a distance of not less than 500 feet to the rear, or one red lamp visible from a distance of not less than 500 feet to the rear and two red reflectors visible from a distance of 100 to 600 feet to the rear when illuminated by the upper beams of headlamps. The red lamps or reflectors must be mounted in the rear of the farm tractor or self-propelled implement of husbandry to indicate the extreme left and right projections of the vehicle on the highway.

     (4)  When traveling upon a highway within this state, a A combination of farm tractor and towed farm equipment or towed implement of husbandry equipped with an electric lighting system must at all times mentioned in 61-9-201 be equipped with the following lamps:

     (a)  The farm tractor element of the combination must be equipped with two single-beam or multiple-beam headlamps meeting the requirements of 61-9-220 or 61-9-222.

     (b)  The towed unit of farm equipment or implement of husbandry element of the combination must be equipped with two red lamps visible from a distance of not less than 500 feet to the rear or one red lamp visible from a distance of not less than 500 feet to the rear and two red reflectors visible from a distance of 100 to 600 feet to the rear when illuminated by the upper beams of headlamps. The red lamps or reflectors must be located to indicate the extreme left and right projections of the towed unit or implement on the highway.

     (c)  The combination must also be equipped with a lamp displaying a white or amber light, or a shade of color between white and amber, visible from a distance of not less than 500 feet to the front and a lamp displaying a red light visible from a distance of not less than 500 feet to the rear. The lamp or lamps must indicate to the front and rear the farthest projection of the combination on the side of the road used by other vehicles in passing the combination."



     Section 14.  Section 61-9-216, MCA, is amended to read:

     "61-9-216.  Lamps on other vehicles and equipment. When traveling upon a highway within this state, a A vehicle, including animal-drawn vehicles and vehicles referred to in 61-9-109(4), not specifically required by the provisions of this chapter to be equipped with lamps or other lighting devices, must at all times specified in 61-9-201 be equipped with at least one lamp displaying a white light visible from a distance of not less than 1,000 feet to the front of the vehicle, and with two lamps displaying red light visible from a distance of not less than 1,000 feet to the rear of the vehicle. The vehicle may have one lamp displaying a red light visible from a distance of not less than 1,000 feet to the rear and two red reflectors visible for distances of 100 to 600 feet to the rear when illuminated by the upper beams of headlamps."



     Section 15.  Section 61-9-221, MCA, is amended to read:

     "61-9-221.  Use of multiple-beam road-lighting equipment. Whenever a motor vehicle is being operated on a roadway or shoulder adjacent to a roadway during the times specified in 61-9-201, the driver shall use a distribution of light, or composite beam, capable of revealing persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations:

     (1)  Whenever the driver of a vehicle approaches an oncoming vehicle within 1,000 feet, the driver shall use a distribution of light or composite beam that does not project into the eyes of the oncoming driver. The lowermost distribution of light specified in 61-9-220(2) must avoid glare at all times, regardless of road contour and loading.

     (2)  Whenever the driver of a vehicle follows another vehicle within 500 feet to the rear, the driver shall use a distribution of light permissible under this chapter other than the uppermost distribution of light specified in 61-9-220(1)."



     Section 16.  Section 61-9-225, MCA, is amended to read:

     "61-9-225.  Number of driving lamps required or permitted. (1) At all times specified in 61-9-201 when traveling upon a highway within this state, at least two lighted lamps shall must be displayed, one on each side at the front of every motor vehicle other than a motorcycle, quadricycle, or motor-driven cycle, except when such the vehicle is parked, subject to the regulations governing lights on parked vehicles.

     (2)  Whenever a motor vehicle equipped with headlamps as herein required in this part is also equipped with any auxiliary lamps or a spot lamp or any other lamp on the front thereof of the vehicle projecting a beam of intensity greater than 300 candlepower, not more than a total of four of any such of the lamps on the front of a vehicle shall may be lighted at any one time when upon a highway."



     Section 17.  Section 61-9-415, MCA, is amended to read:

     "61-9-415.  Slow-moving vehicles. (1) It is unlawful for a person to operate on a state highway, a farm, rural, or county road, or a city street of this state a slow-moving vehicle or equipment, an animal-drawn vehicle, or any other machinery, including all road construction or maintenance machinery, except when engaged in actual construction or maintenance work either guarded by a flag person or clearly visible warning signs, that normally travels or is normally used at a speed of less than 25 miles an hour, unless there is displayed on the rear of the vehicle an emblem as provided in subsection (2) of this section. The requirement of the emblem is in addition to any lighting devices required by law.

     (2)  The emblem required by subsection (1) must be of substantial construction, and must be a based-down equilateral triangle of fluorescent yellow-orange film or equivalent quality paint with a base of 14 inches and a height of 12 inches. The triangle must be bordered with reflective red strips having a minimum width of 1 3/4 inches, with the vertices of the overall triangle truncated so that the remaining height is a minimum of 14 inches. The emblem must be mounted on the rear of the vehicle near the horizontal geometric center of the vehicle at a height of 3 to 5 feet above the roadway, and must be maintained in a clean, reflective condition.

     (3)  In addition to the requirements in subsection (2), on a highway that has only two lanes for traffic moving in opposite directions, when an overtaking vehicle being operated in conformity with 61-8-303 or 61-8-304 does not have a clear lane for passing as required by 61-8-325, the driver of a slower-moving, overtaken vehicle shall, at the first opportunity and when a safe turnout exists, move the overtaken vehicle off the main-traveled portion of the highway until the overtaking vehicle is safely clear of the overtaken vehicle."



     Section 18.  Section 61-11-203, MCA, is amended to read:

     "61-11-203.  Definitions. As used in this part, the following definitions apply:

     (1)  "Conviction" means a finding of guilt by duly constituted judicial authority, a plea of guilty, or a forfeiture of bail, bond, or other security deposited to secure appearance by a person charged with having committed any offense relating to the use or operation of a motor vehicle which that is prohibited by law, ordinance, or administrative order.

     (2)  "Habitual traffic offender" means any person who within a 3-year period accumulates 30 or more conviction points according to the schedule specified in this subsection:

     (a)  deliberate homicide resulting from the operation of a motor vehicle, 15 points;

     (b)  mitigated deliberate homicide, negligent homicide resulting from operation of a motor vehicle, or negligent vehicular assault, 12 points;

     (c)  any offense punishable as a felony under the motor vehicle laws of Montana or any felony in the commission of which a motor vehicle is used, 12 points;

     (d)  driving while under the influence of intoxicating liquor or narcotics or drugs of any kind or operation of a motor vehicle by a person with alcohol concentration of 0.10 or more, 10 points;

     (e)  operating a motor vehicle while the license to do so has been suspended or revoked, 6 points;

     (f)  failure of the driver of a motor vehicle involved in an accident resulting in death or injury to any person to stop at the scene of the accident and give the required information and assistance, as defined in 61-7-105, 8 points;

     (g)  willful failure of the driver involved in an accident resulting in property damage of $250 to stop at the scene of the accident and give the required information or failure to otherwise report an accident in violation of the law, 4 points;

     (h)  reckless driving, 5 points;

     (i)  illegal drag racing or engaging in a speed contest in violation of the law, 5 points;

     (j)  any of the mandatory motor vehicle liability protection offenses under 61-6-301 and 61-6-302, 5 points;

     (k)  operating a motor vehicle without a license to do so, 2 points (this subsection (2) (k) does not apply to operating a motor vehicle within a period of 180 days from the date the license expired);

     (l)  speeding, except as provided in 61-8-718(2), 3 points;

     (m)  all other moving violations, 2 points.

     (3)  There may not be multiple application of cumulative points when two or more charges are filed involving a single occurrence. If there are two or more convictions involving a single occurrence, only the number of points for the specific conviction carrying the highest points is chargeable against that defendant.

     (4)  "License" means any type of license or permit to operate a motor vehicle."



     NEW SECTION.  Section 19.  Relationship between speed limits and basic rule. (1) The maximum numerical speed limits imposed under this part do not authorize speeds higher than those required for the safe, careful, and prudent operation of a vehicle as required by 61-8-303.

     (2) The basic rule imposed by 61-8-303, requiring careful and prudent operation of a vehicle, does not authorize speeds higher than those established by the maximum numerical speed limits imposed under this part.



     NEW SECTION.  Section 20.  Codification instruction. [Section 19] 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 19].



     NEW SECTION.  Section 21.  Repealer. Sections 61-8-305, 61-8-306, 61-8-307, and 61-11-103, MCA, are repealed.



     NEW SECTION.  Section 22.  Effective date. [This act] is effective July 1, 1999.

- END -




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