_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT AUTHORIZING certain LOCAL GOVERNMENTS TO SET SPEED LIMITS ON TWO-LANE PRIMARY AND SECONDARY HIGHWAYS THAT FUNCTION AS MUNICIPAL STREETS; requiring certain local governments to give notice to the department of transportation, ADOPT ORDINANCES, and provide signage; AND AMENDING SECTIONS 61-8-303 AND 61-8-310, MCA."

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

NEW SECTION. Section 1. Local speed limits -- authority -- notice. The governing body of an incorporated city or town with a population less than 2,500 may reduce the speed limit on a two-lane primary or secondary highway operated and maintained by the department of transportation without the consent of the department if the highway functions as a municipal street and the location of the speed limit change is within the limits of that city or town. The city or town undertaking a speed limit change shall:

(1)        give written notice to the department of transportation at least 60 days in advance of the change in speed limit, and provide documentation specifying the location where the speed limit change will take effect;

(2)        adopt an ordinance specifying the new speed limit and the location where it is effective; and

(3)        erect new speed limit signs at the sole expense of the city or town.

Section 2. Section 61-8-303, MCA, is amended to read:

"61-8-303. Speed restrictions. (1) Except as provided in 61-8-309, 61-8-310, and 61-8-312, and [section 1], the speed limit for vehicles traveling:

(a)        on an interstate highway outside an urbanized area of 50,000 population or more is 80 miles an hour at all times and the speed limit for vehicles traveling on interstate highways within an urbanized area of 50,000 population or more is 65 miles an hour at all times;

(b)        on any other public highway of this state is 70 miles an hour during the daytime and 65 miles an hour during the nighttime;

(c)        in an urban district is 25 miles an hour.

(2)        A vehicle subject to the speed limits imposed in subsection (1) may exceed the speed limits imposed in subsection (1) by 10 miles an hour in order to overtake and pass a vehicle and return safely to the right-hand lane under the following circumstances:

(a)        while traveling on a two-lane road; and

(b)        in a designated passing zone.

(3)        Subject to the maximum speed limits set forth in subsection (1), a person shall operate a vehicle in a careful and prudent manner and at a reduced rate of speed no greater than is reasonable and prudent under the conditions existing at the point of operation, taking into account the amount and character of traffic, visibility, weather, and roadway conditions.

(4)        Except when a special hazard exists that requires lower speed for compliance with subsection (3), the limits specified in this section are the maximum lawful speeds allowed.

(5)        "Daytime" means from one-half hour before sunrise to one-half hour after sunset. "Nighttime" means at any other hour.

(6)        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, 61-8-313, and 61-8-314, and [section 1]."

Section 3. Section 61-8-310, MCA, is amended to read:

"61-8-310. When local authorities may and shall alter limits or establish or alter area of school zone. (1) If a local authority in its jurisdiction determines on the basis of an engineering and traffic investigation that the speed permitted under 61-8-303 and 61-8-309 through 61-8-313 is greater or less than is reasonable and safe under the conditions found to exist upon a highway or part of a highway, the local authority may set a reasonable and safe limit that:

(a)        decreases the limit at an intersection;

(b)        increases the limit within an urban district, but not to more than 65 miles an hour during the nighttime;

(c)        decreases the limit outside an urban district, but not to less than 35 miles an hour on a paved road or less than 25 miles an hour on an unpaved road; or

(d)        decreases the limit in a school zone or in an area near a senior citizen center, as defined in 23-5-112, or a designated crosswalk that is close to a school or a senior citizen center to not less than 15 miles an hour. If warranted by an engineering and traffic investigation, a local authority may adopt variable speed limits to adapt to traffic conditions by time of day, provided that the variable limits comply with the provisions of 61-8-206.

(2)        A board of county commissioners may set limits, as provided in subsections (1)(c) and (1)(d), without an engineering and traffic investigation on a county road.

(3)        A local authority in its jurisdiction may determine the proper speed for all arterial streets and shall set a reasonable and safe limit on arterial streets that may be greater or less than the speed permitted under 61-8-303 for an urban district.

(4)        (a) An altered limit established as authorized under this section is effective at all times or at other times determined by the authority when appropriate signs giving notice of the altered limit are erected upon the highway.

(b)        If a local authority decreases a speed limit in a school zone, the local authority shall erect signs conforming with the manual adopted by the department of transportation under 61-8-202 giving notice that the school zone has been entered, of the altered speed limit and the penalty provided in 61-8-726, and that the school zone has ended.

(5)        The Except as provided in [section 1], the commission has exclusive jurisdiction to set special speed limits on all state highways or highways located on the commission-designated highway system as defined in 60-1-103 in all municipalities or urban areas. The commission shall set these limits in accordance with 61-8-309.

(6)        A local authority establishing or altering the area of a school zone shall consult with the department of transportation and the commission if the school zone includes a state highway or a highway located on the commission-designated highway system as defined in 60-1-103.

(7)        A local authority shall consult with district officials for a school when:

(a)        establishing or altering the area of a school zone near the school; or

(b)        setting a speed limit pursuant to subsection (1)(d) in a school zone near the school.

(8)        A speed limit set on an unpaved road under subsection (1)(c) must be the same for all types of motor vehicles that may be operated on the road.

(9)        The violation of a speed limit established under subsections (1)(a) through (1)(c) is a misdemeanor offense and is punishable as provided in 61-8-711. The violation of a speed limit established under subsection (1)(d) is a misdemeanor offense and is punishable as provided in 61-8-726."

NEW SECTION. Section 4. Codification instruction. [Section 1] 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 1].