1999 Montana Legislature

UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!

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BILL NO.

INTRODUCED BY

(Primary Sponsor)

A BILL FOR AN ACT ENTITLED: "AN ACT IMPOSING A SPEED LIMIT ON FEDERAL-AID INTERSTATE HIGHWAYS; ESTABLISHING A PENALTY FOR VIOLATION; ELIMINATING THE FUEL CONSERVATION SPEED LIMITS; AMENDING SECTIONS 7-14-2113, 61-8-303, AND 61-8-718, MCA; REPEALING SECTIONS 61-8-304, 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 61-8-303, MCA, is amended to read:

     "61-8-303.  Speed restrictions -- basic rule. (1) A person operating or driving shall operate 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 the amount and character of traffic, condition of brakes, weight of vehicle, grade and width of highway, condition of surface, and freedom of obstruction to the view ahead. The person 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.

     (2)  When no special hazard exists 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)  75 miles an hour on a federal-aid interstate highway;

     (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 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, 61-8-313, and 61-8-314.

     (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 61-8-718, MCA, is amended to read:

     "61-8-718.  Penalty for violation of fuel conservation interstate speed limit. (1) A person violating the speed limit imposed pursuant to 61-8-304 is guilty of the offense of unnecessary waste of a resource and 61-8-303(2)(b) shall, upon conviction, shall be fined $5 $20, and no a jail sentence may not be imposed. Bond for this offense shall be $5 is $20.

     (2)  A violation of 61-8-304 is not a misdemeanor pursuant to 45-2-101, 61-8-104, or 61-8-711."



     NEW SECTION.  Section 4.  Repealer. Sections 61-8-304, 61-8-305, 61-8-306, 61-8-307, and 61-11-103, MCA, are repealed.



     NEW SECTION.  Section 5.  Effective date. [This act] is effective July 1, 1999.

- END -




Latest Version of LC 1191 (LC1191.01)
Processed for the Web on January 28, 1999 (3:57PM)

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