Senate Bill No. 64
Introduced By crippen
By Request of the Governor and the Department of Justice
A Bill for an Act entitled: "An Act enhancing the 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; amending sections 7-14-2113, 61-8-304, and 61-8-718, 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 61-8-304, MCA, is amended to read:
Fuel conservation Daytime speed limit -- exception to the basic rule. (1) In order to insure conservation of
a resource, Except as provided in 61-8-312, 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 75 80 miles an hour and the daytime 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 65 80 miles an hour, except as provided under in 61-8-309.
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 3. 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 Speed on Federal-Aid Speed on Other
Interstate Highway Public Highways
$ 40 86-90 mph 76-80 mph 55 $ 40 91-95 91-100 mph 81-85 91-100 mph 75 100 96-100 101+ mph 86-90 101+ mph 100 101+ mph 91+ mph
A 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 $20. violation of 61-8-304 is not a misdemeanor pursuant to 45-2-101,
61-8-104, or 61-8-711 A violation 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 under this
NEW SECTION. Section 4. 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 5. Codification instruction. [Section 4] 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 4].
NEW SECTION. Section 6. Repealer. Sections 61-8-305, 61-8-306, 61-8-307, and 61-11-103, MCA, are repealed.
NEW SECTION. Section 7. Effective date. [This act] is effective May 22, 1997.