Revise speed limit laws

- 2025
69th Legislature 2025 HB 312
- 1 - Authorized Print Version – HB 312
ENROLLED BILL
AN ACT REVISING SPEED LIMIT LAWS; INCREASING DAYTIME AND NIGHTTIME SPEED LIMITS ON
NATIONAL HIGHWAYS THAT HAVE BEEN EXPANDED TO FOUR LANES; PROVIDING AN EXCEPTION
FOR SPECIAL SPEED ZONES; AND AMENDING SECTIONS 61-8-303 AND 61-8-725, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. 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, 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 portion of a national highway that is 10 miles or greater that has been expanded to four
lanes, and that is not subject to a permanent special speed zone, as provided in 61-8-309 and 61-8-310, is 75
miles an hour during the daytime and 70 miles an hour during the nighttime;
(b)(c) 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)(d) 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
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69th Legislature 2025 HB 312
- 2 - Authorized Print Version – HB 312
ENROLLED BILL
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.
(7) A person who violates this section is subject to the penalties provided in 61-8-725."
Section 2. Section 61-8-725, MCA, is amended to read:
"61-8-725. Penalty for violation of speed limits -- no record for certain violations. (1) A person
shall be fined for violating the maximum speed limit in accordance with the following schedules:
(a) for a violation of 61-8-303(1)(a):
Amount of Fine MPH in Excess of
Speed Limit
$40 1 - 10 (daytime)
40 1 - 10 (nighttime)
70 11 - 20
120 21 - 30
200 31+
(b) for a violation of 61-8-303(1)(b) or (1)(c), 61-8-309, or 61-8-312:
Amount of Fine MPH in Excess of
Speed Limit
$20 1 - 10 (daytime)
20 1 - 10 (nighttime)
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69th Legislature 2025 HB 312
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ENROLLED BILL
70 11 - 20
120 21 - 30
200 31+
(2) (a) A violation of a speed limit imposed pursuant to 61-8-303 is not a criminal offense within the
meaning of 3-1-317, 45-2-101, 46-18-236, 61-8-104, and 61-8-711 and, except as provided in subsection (2)(b)
or (4), may not be recorded or charged against a driver's record, and an insurance company may not hold a
violation of a speed limit against the insured or increase premiums because of the violation if the speed limit is
exceeded by no more than:
(i) 10 miles an hour during the daytime; or
(ii) 5 miles an hour during the nighttime.
(b) If a driver is guilty of exceeding 90 miles an hour in violation of 61-8-303(1)(a), the violation
may be recorded or charged against a driver's record and an insurance company may hold the violation against
an insured driver's premium.
(3) The surcharge provided for in 3-1-317 may not be imposed for a violation of 61-8-303.
(4) The recordkeeping restrictions provided in subsection (2) with respect to a person's driving
record do not apply to a speed limit violation or conviction that was committed by:
(a) a Montana resident in another state whose violation or conviction was reported to the
department by a court or the licensing authority in the state in which the violation occurred; or
(b) a person who holds a commercial driver's license regardless of whether or not the violation
occurred while the person was operating a commercial motor vehicle.
(5) This section does not apply to the violation of a special speed zone established under 61-8-309
or 61-8-310."
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I hereby certify that the within bill,
HB 312, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
HOUSE BILL NO. 312
INTRODUCED BY J. HINKLE, M. NIKOLAKAKOS, J. SECKINGER, C. HINKLE, K. WALSH, G. OBLANDER, L.
DEMING, G. NIKOLAKAKOS, J. DARLING
AN ACT REVISING SPEED LIMIT LAWS; INCREASING DAYTIME AND NIGHTTIME SPEED LIMITS ON
NATIONAL HIGHWAYS THAT HAVE BEEN EXPANDED TO FOUR LANES; PROVIDING AN EXCEPTION FOR
SPECIAL SPEED ZONES; AND AMENDING SECTIONS 61-8-303 AND 61-8-725, MCA.