Senate Bill No. 360
Introduced By _______________________________________________________________________________
A Bill for an Act entitled: "An Act enhancing the public safety on Montana highways by revising the laws pertaining to violations of speed restrictions; imposing special speed limitations on all vehicles exceeding 10,000 pounds; amending sections 7-14-2113, 61-8-303, and 61-8-312, MCA; repealing sections 61-8-304, 61-8-305, 61-8-306, 61-8-307, 61-8-718, 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. A person violates this
section if the person fails to:
(a) reduce the speed of the vehicle to account for one or more of the following conditions:
(i) the amount and character of traffic
(ii) the condition of the brakes
(iii) the weight of the vehicle
(iv) the grade and width of the highway
(v) the condition of the surface
(vi) freedom of obstruction to the view ahead; or
(b) drive at an appropriate reduced speed when:
(i) approaching and crossing an intersection or railway grade crossing;
(ii) approaching and going around a curve;
(iii) approaching a hill crest;
(iv) traveling upon a narrow or winding roadway; or
(v) a special hazard exists involving pedestrians or other traffic or because of weather or highway condition.
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.
no a special hazard exists does not exist that requires lower speed for compliance with subsection (1), 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
(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."
Section 3. Section 61-8-312, MCA, is amended to read:
"61-8-312. Special speed limitations on
trucks, truck tractors, vehicles exceeding 10,000 pounds and motor-driven
cycles , and vehicles towing housetrailers. (1) A person may not operate a truck or truck tractor vehicle, the gross vehicle
weight or rating of which exceeds 8,000 10,000 pounds, at a speed greater than 65 miles per an hour on those completed
sections of interstate and four-lane divided highways and 60 miles per an hour on those completed sections of primary and
secondary highways. However, the truck nighttime speed limit of a vehicle exceeding 10,000 pounds 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(3)(d) or a truck-trailer-trailer or truck
tractor-semitrailer-trailer-trailer combination of vehicles subject to special permits under 61-10-124(6) at a speed greater
than 55 miles
per an hour.
(3) 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 per
NEW SECTION. Section 4. Repealer. Sections 61-8-304, 61-8-305, 61-8-306, 61-8-307, 61-8-718, and 61-11-103, MCA, are repealed.
NEW SECTION. Section 5. Effective date. [This act] is effective May 22, 1997.