Generally revise county speed limits

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69th Legislature 2025 SB 428
- 1 - Authorized Print Version – SB 428
ENROLLED BILL
AN ACT REVISING WHERE A LOCAL AUTHORITY AND A COUNTY COMMISSION MAY SET SPEED
LIMITS; AND AMENDING SECTION 61-8-310, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. 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 on 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 in an urban district;
(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 a paved or 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
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69th Legislature 2025 SB 428
- 2 - Authorized Print Version – SB 428
ENROLLED BILL
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 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."
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I hereby certify that the within bill,
SB 428, originated in the Senate.
___________________________________________
Secretary of the Senate
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
SENATE BILL NO. 428
INTRODUCED BY W. CURDY
AN ACT REVISING WHERE A LOCAL AUTHORITY AND A COUNTY COMMISSION MAY SET SPEED LIMITS;
AND AMENDING SECTION 61-8-310, MCA.