_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT revising careless driving laws; specifying circumstances that qualify as careless driving; and AMENDING SECTION 61-8-302, MCA."

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

Section 1. Section 61-8-302, MCA, is amended to read:

"61-8-302. Careless driving. (1) A person operating or driving a vehicle on a public highway shall drive it in a careful and prudent manner that does not unduly or unreasonably endanger the life, limb, property, or other rights of a person entitled to the use of the highway.

(2)        Careless driving includes:

(a)        failing to drive in the manner required by subsection (1); or

(b)        passing any of the following at a speed above the posted speed limit or at a speed that is not careful and prudent under the circumstances:

(i)         a vehicle on the shoulder flashing its hazard lights;

(ii)        a person walking on the shoulder while wearing hunter orange, high-visibility lime, or retroreflective material; or

(iii)       a person riding a bicycle on the shoulder while wearing hunter orange, high-visibility lime, or retroreflective material.

(2)(3)    A person who is convicted of the offense of careless driving is subject to the penalties provided in 61-8-711 or 61-8-716."