Montana Code Annotated 2023

TITLE 61. MOTOR VEHICLES

CHAPTER 8. TRAFFIC REGULATION

Part 3. Vehicle Operating Requirements

No-Passing Zones

61-8-326. No-passing zones. (1) The department of transportation and local authorities may determine those portions of a highway in their respective jurisdictions where overtaking and passing or driving to the left side of the center of the roadway would be especially hazardous, and they may by official traffic control devices on the highway indicate the beginning and end of these zones. When the official traffic control devices are in place and clearly visible to an ordinarily observant person, an operator of a vehicle shall obey the directions of those devices.

(2) (a) Except as provided in subsection (2)(b), where official traffic control devices are in place to define a no-passing zone as set forth in subsection (1) an operator of a vehicle may not drive on the left side of the center of the roadway within the no-passing zone or on the left side of a pavement striping designed to mark the no-passing zone throughout its length.

(b) Subsection (2)(a) does not apply to the operator of a faster vehicle passing a bicycle when:

(i) the bicycle is traveling at less than half the posted speed limit;

(ii) the faster vehicle is capable of overtaking and passing the bicycle without exceeding the posted speed limit; and

(iii) there is sufficient clear sight distance to the left side of the center of the roadway to meet the overtaking and passing requirements in 61-8-325.

(3) The provisions of this section do not apply under the conditions provided in 61-8-321(1) or to the operator of a vehicle that is turning left into or from an alley, private road, or driveway.

(4) A person who is convicted of violating this section is subject to the penalties provided in 61-8-724.

History: En. Sec. 54, Ch. 263, L. 1955; amd. Sec. 1, Ch. 97, L. 1957; amd. Sec. 60, Ch. 316, L. 1974; R.C.M. 1947, 32-2157; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 10, Ch. 352, L. 2003; amd. Sec. 3, Ch. 255, L. 2015; amd. Sec. 4, Ch. 161, L. 2023.