2001 Montana Legislature

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HOUSE BILL NO. 433

INTRODUCED BY C. SCHRUMPF



A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING THE OPERATORS OF CERTAIN MOTOR VEHICLES TO REDUCE VEHICLE SPEED TO 45 MILES AN HOUR IN ADVERSE WEATHER CONDITIONS WHEN VISIBILITY IS LIMITED; PROHIBITING THE OPERATOR OF A LIGHT VEHICLE FROM PASSING VEHICLES SUBJECT TO THE 45 MILE-AN-HOUR REQUIREMENT DURING ADVERSE WEATHER CONDITIONS; AND AMENDING SECTIONS 61-8-312 AND 61-8-323, MCA."



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



     Section 1.  Section 61-8-312, MCA, is amended to read:

     "61-8-312.  Special speed limitations on trucks, truck tractors, and motor-driven cycles. (1) Except as provided in 61-8-303, 61-8-309, 61-8-310, and subsection (2) of this section, the speed limit for a truck or truck tractor of more than 1 ton "manufacturer's rated capacity" traveling on:

     (a)  completed sections of interstate is 65 miles an hour; and

     (b)  four-lane divided highways and completed sections of primary and secondary highways is 60 miles an hour during the daytime and 55 miles an hour during the nighttime as those terms are defined in 61-8-303.

     (2)  Except as provided in 61-8-303, 61-8-309, and 61-8-310, and subsection (3) of this section, the speed limit for 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) is 55 miles an hour unless otherwise stated in the permit.

     (3) The speed limit for the vehicles listed in subsection (2) is 45 miles an hour during periods when adverse weather conditions limit visibility to 100 feet or less.

     (3)(4)  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."



     Section 2.  Section 61-8-323, MCA, is amended to read:

     "61-8-323.  Overtaking vehicle on left. The following rules govern the overtaking and passing of vehicles proceeding in the same direction, subject to the limitations, exceptions, and special rules provided in this part:

     (1)  The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left of the other vehicle at a safe distance and may not again drive to the right side of the roadway until safely clear of the overtaken vehicle.

     (2)  Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle upon an audible signal or the use of signal lamps, as provided in 61-9-218, and may not increase the speed of the vehicle until completely passed by the overtaking vehicle. When giving way to the right on a two-lane highway, the driver of the vehicle being overtaken may travel upon the shoulder at a safe speed until passed if the shoulder is wide enough and is in a condition allowing safe travel.

     (3) A person operating a motor vehicle on an interstate, primary, or secondary highway or county road may not attempt to overtake and pass a vehicle that is subject to the special speed limitations provided in 61-8-312(3) during periods when adverse weather conditions limit visibility to 100 feet or less."

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Latest Version of HB 433 (HB0433.01)
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