Mont. Code Ann. » TITLE 61. MOTOR VEHICLES · CHAPTER 8. TRAFFIC REGULATION · Part 3. Vehicle Operating Requirements
Montana Code Annotated

Mont. Code Ann. § 61-8-303 (2026)

Speed Restrictions -- Definitions

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 61
  3. CHAPTER 8
  4. Part 3
  5. 61-8-303 Speed restrictions -- definitions

TITLE 61. MOTOR VEHICLES

CHAPTER 8. TRAFFIC REGULATION

Part 3. Vehicle Operating Requirements

Speed Restrictions -- Definitions

61-8-303. Speed restrictions -- definitions. (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;

(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;

(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 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) As used in this section, "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.

History: En. Sec. 41, Ch. 263, L. 1955; amd. Sec. 1, Ch. 190, L. 1967; amd. Sec. 55, Ch. 316, L. 1974; R.C.M. 1947, 32-2144; amd. Sec. 1, Ch. 173, L. 1989; amd. Sec. 6, Ch. 75, L. 1995; amd. Sec. 1, Ch. 78, L. 1995; amd. Sec. 2, Ch. 287, L. 1995; amd. Sec. 3, Ch. 473, L. 1997; amd. Sec. 2, Ch. 43, L. 1999; amd. Sec. 2, Ch. 352, L. 2003; amd. Sec. 1, Ch. 540, L. 2003; amd. Sec. 1, Ch. 349, L. 2007; amd. Sec. 5, Ch. 393, L. 2013; amd. Sec. 1, Ch. 395, L. 2015; amd. Sec. 1, Ch. 125, L. 2017; amd. Sec. 27, Ch. 299, L. 2019; amd. Sec. 1, Ch. 161, L. 2023; amd. Sec. 41, Ch. 47, L. 2025; amd. Sec. 1, Ch. 255, L. 2025.

Notes of Decisions
Cited in 42 cases (5 in the last 5 years), 1979–2022 · leading case: State v. Stanko, 1998 MT 321, 974 P.2d 1132.
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State v. Stanko, 1998 MT 321, 974 P.2d 1132. · cites it 70× “¶ 1 The defendant, Rudy Stanko, was charged by a complaint filed in the Justice Court for Garfield County with failing to drive in a reasonable and prudent manner in violation of § 61-8-303(1), MCA. Following trial by jury, he was found guilty of that offense and was sentenced.”
Reed v. Little, 680 P.2d 937 (Mont. 1984). · cites it 24× “Section 61-8-303, MCA, is a speed statute.”
Comm. for an Effective Judiciary v. State, 679 P.2d 1223 (Mont. 1984). · cites it 12× “15 between Fort Shaw and Great Falls, Montana; that the attorney general has issued the proclamation to which we have adverted; that except for such proclamation, he would be entitled to drive a motor vehicle under the provisions of section 61-8-303, MCA, (the basic speed rule)…”
Lee v. State, 635 P.2d 1282 (Mont. 1981). · cites it 9× “15 between Fort Shaw and Great Falls, Montana; that the attorney general has issued the proclamation to which we have adverted; that except for such proclamation, he-would be entitled to drive a motor vehicle under the provisions of section 61-8-303, MCA, (the basic speed rule)…”
Fisher v. Swift Transp. Co., 2008 MT 105, 181 P.3d 601. · cites it 4× “" Second, Fisher maintains that § 61-8-303(4), MCA, imposes a duty of care upon all drivers by providing that they "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…”
State Ex Rel. Sol v. Bakker, 649 P.2d 456 (Mont. 1982). · cites it 15× “” Section 61-8-303, MCA. “Special speed limitations on trucks, truck tractors, motor-driven cycles, and vehicles towing housetrailers.”
Peterson v. St. Paul Fire & Marine Ins., 2010 MT 187, 239 P.3d 904. · cites it 4× “62 was based on § 61-8-303, MCA. Proposed instruction No.”
Walden v. Yellowstone Elec., 2021 MT 123, 487 P.3d 1. · cites it 6× “¶17 However, we need not resolve this issue because Montana drivers also have a duty to proceed “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…”
State v. McGowan, 2006 MT 163, 139 P.3d 841. · cites it 4× “08 or more (DUI Per Se), in violation of § 61-8-406, MCA, and speeding, in violation of § 61-8-303, MCA. The Helena City Court convicted McGowan of speeding and DUI Per Se following a bench trial on November 18, 2004.”
Olson v. Parchen, 816 P.2d 423 (Mont. 1991). · cites it 8× “Parchen argues that Olson violated the "basic rule" of § 61-8-303, MCA, by not properly watching for Parchen's vehicle at the intersection.”
Smith v. Rorvik, 751 P.2d 1053 (Mont. 1988). · cites it 5× “The proposed instruction is based upon § 61-8-303(5), MCA. The District Court denied the proposed instruction on two grounds: (1) that the statute does not apply to pedestrians not in a crosswalk; and, (2) under the evidence of *1058 the case, the driver, prior to the accident,…”
State v. Bell, 923 P.2d 524 (Mont. 1996). · cites it 4× “Section 61-8-302, MCA, prohibits careless driving, and § 61-8-303, MCA, requires that a vehicle be operated in a careful and prudent manner and at a speed of no more than 25 miles per hour in an urban district.”
Show all 42 citing cases →
Mont. Code Ann. § 61-8-303(1): 8 cases
State v. Stanko, 1998 MT 321, 974 P.2d 1132. “¶ 1 The defendant, Rudy Stanko, was charged by a complaint filed in the Justice Court for Garfield County with failing to drive in a reasonable and prudent manner in violation of § 61-8-303(1), MCA. Following trial by jury, he was found guilty of that offense and was sentenced.”
Reed v. Little, 680 P.2d 937 (Mont. 1984). “Section 61-8-303, MCA, is a speed statute.”
Helmke v. Goff, 597 P.2d 1131 (Mont. 1979).
Aemisegger v. Herman, 697 P.2d 925 (Mont. 1985).
Brookings v. Thompson, 811 P.2d 64 (Mont. 1991).
Mont. Code Ann. § 61-8-303(1)(b): 3 cases
State v. French, 2018 MT 289, 431 P.3d 332.
Matter of Justin B. Dickey, 2021 MT 3, 478 P.3d 821.
State v. Webb, 2007 MT 36N.
Mont. Code Ann. § 61-8-303(2): 1 case
United States v. Browne, 219 F. Supp. 3d 1030 (D. Mont. 2016).
Mont. Code Ann. § 61-8-303(2)(b): 1 case
Workman v. McIntyre Constr. Co., 617 P.2d 1281 (Mont. 1980).
Mont. Code Ann. § 61-8-303(2)(c): 1 case
State Ex Rel. Landon v. MacEk, 676 P.2d 228 (Mont. 1984).
Mont. Code Ann. § 61-8-303(3): 2 cases
Walden v. Yellowstone Elec., 2021 MT 123, 487 P.3d 1. “¶17 However, we need not resolve this issue because Montana drivers also have a duty to proceed “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…”
United States v. Browne, 219 F. Supp. 3d 1030 (D. Mont. 2016).
Mont. Code Ann. § 61-8-303(4): 1 case
Fisher v. Swift Transp. Co., 2008 MT 105, 181 P.3d 601. “" Second, Fisher maintains that § 61-8-303(4), MCA, imposes a duty of care upon all drivers by providing that they "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…”
Mont. Code Ann. § 61-8-303(5): 2 cases
Smith v. Rorvik, 751 P.2d 1053 (Mont. 1988). “The proposed instruction is based upon § 61-8-303(5), MCA. The District Court denied the proposed instruction on two grounds: (1) that the statute does not apply to pedestrians not in a crosswalk; and, (2) under the evidence of *1058 the case, the driver, prior to the accident,…”
Runkle v. Burlington N., 613 P.2d 982 (Mont. 1980).
Mont. Code Ann. § 61-8-303(l)(b): 1 case
State v. Larson, 2004 MT 345, 103 P.3d 524.
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