_________ Bill No. _______
Introduced By _______________________________________________________________________________
A Bill for an Act entitled: "An Act establishing a daytime speed limit; establishing a penalty for a violation of the speed limit; permitting a violation to be charged against a driving record if the violation is for driving in excess of 10 miles an hour over the speed limit; and amending section
61-8-303, MCA."
Be it enacted by the Legislature of the State of Montana:
Section 1. 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 during the daytime 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 70 miles an hour, except that the speed limit on completed sections of interstate
highways is 75 miles an hour. 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 who is 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 The speed of a vehicle
not in excess of the limits specified in 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) 35 miles per an hour on a highway under construction or repair or on a highway being surveyed, unless the department
establishes and posts a different limit due to because of traffic conditions or the condition of the construction, repair, or
survey project;
(c) 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, and 61-8-313.
(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."
NEW SECTION. Section 2. Penalty for violation of speed limit. (1) Upon conviction of a violation of 61-8-303(1), a person shall be fined as follows:
Miles an Hour Over Speed Limit Fine
1 to 10 $ 10
11 to 15 $ 25
16 to 20 $ 50
21 and over $100
(2) A jail sentence may not be imposed for a conviction pursuant to subsection (1). Bond for this offense is equal to the amount of the fine that would be imposed on conviction of the offense.
(3) A violation of 61-8-303(1) is not a misdemeanor pursuant to 45-2-101, 61-8-104, or 61-8-711.
NEW SECTION. Section 3. Violation of speed limit -- record permitted in certain instances. (1) Except as provided in subsection (2), a violation of 61-8-303(1) may not be recorded or charged against the driver's record of a person convicted of violating 61-8-303(1). An insurance company may not hold a violation of 61-8-303(1) against the insured, and there may not be any increase in premiums because of a violation of 61-8-303(1).
(2) A violation of 61-8-303(1) must be recorded or charged against the driver's record of a person convicted of violating 61-8-303(1) if the violation is for driving in excess of 10 miles an hour over the speed limit established in 61-8-303(1). An insurance company may hold a violation of 61-8-303(1) against the insured and may increase a premium because of a violation of 61-8-303(1) if the violation is for driving in excess of 10 miles an hour over the speed limit established in 61-8-303(1).
NEW SECTION. Section 4. Codification instruction. (1) [Section 2] is intended to be codified as an integral part of Title 61, chapter 8, part 7, and the provisions of Title 61, chapter 8, part 7, apply to [section 2].
(2) [Section 3] is intended to be codified as an integral part of Title 61, chapter 11, part 1, and the provisions of Title 61, chapter 11, part 1, apply to [section 3].
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