Montana
Montana Reckless Driving Laws: Penalties, Points and Speed (2026)
Independently fact-checked against primary sources (last audited October 25, 2026). · 31 primary sources cited on this page. How we verify our legal content
Montana makes reckless driving a misdemeanor under MCA 61-8-301: operating a vehicle "in willful or wanton disregard for the safety of persons or property" is punishable on a first conviction by up to 90 days in jail, a fine of $100 to $500, or both (MCA 61-8-715). The penalty rises for a second conviction and again when the offense kills or seriously injures someone, while Montana sets no speed at which driving becomes reckless by itself and counts reckless driving only toward its habitual traffic offender points.
Information last verified on 2026-10-25. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers Montana state statutes on reckless driving (MCA 61-8-301 and 61-8-715), careless driving, speed contests, fleeing a peace officer, the related license consequences in Title 61, chapters 5 and 11, and driving without a valid license. It does not cover DUI penalties (see Montana DUI laws), homicide offenses (see Montana manslaughter laws), leaving the scene of a crash (see Montana hit-and-run laws), city or county ordinances, or federal and commercial-driver rules beyond a short note. For other states, see reckless driving laws by state.
What is reckless driving in Montana?
Montana defines reckless driving in two parts. Section 61-8-301(1) of the Montana Code Annotated provides:
"(1) A person commits the offense of reckless driving if the person: (a) operates a vehicle in willful or wanton disregard for the safety of persons or property; or (b) operates a vehicle in willful or wanton disregard for the safety of persons or property while passing, in either direction, a school bus that has stopped and is displaying the visual flashing red signal, as provided in 61-8-351 and 61-9-402. This subsection (1)(b) does not apply to situations described in 61-8-351(7)." MCA 61-8-301(1)
Both forms require the same mental state: willful or wanton disregard for the safety of persons or property. The second form applies that standard to passing a stopped school bus with its flashing red signal on. Separately, Section 61-8-351(9) sets its own fines for violating the school-bus rule in 61-8-351(1)(a): $500 to $1,000, 50 to 100 hours of community service, or both for a first offense, rising for a second and a third or later offense.
Where the reckless driving law applies
Section 61-8-101(2) provides that the traffic chapter's provisions on operating vehicles "refer exclusively to the operation of vehicles on highways except: (a) where a different place is specifically referred to in a given section." The same subsection names Section 61-8-301 alongside the DUI section, 61-8-1002, in two further exceptions about impaired driving:
- the provisions of 61-8-301 and 61-8-1002(1) and (2), "with regard to operating a vehicle while under the influence of drugs, apply anywhere within this state"; and
- the provisions of 61-8-301 and 61-8-1002 (other than the dangerous-drug provision and 61-8-1002(2)), "with regard to operating a vehicle while under the influence of alcohol, apply on all ways of this state open to the public."
Is reckless driving a misdemeanor in Montana? Penalties
Yes. Section 61-8-711(1) makes it "a misdemeanor for a person to violate any of the provisions of this chapter unless the violation is declared to be a felony," and the reckless driving section is not declared a felony. Section 61-8-715 sets the reckless driving range itself.
| Situation | Penalty under MCA 61-8-715 |
|---|---|
| First conviction | Up to 90 days in jail, a fine of $100 to $500, or both |
| Second or subsequent conviction | 5 days to 6 months in jail, a fine of $500 to $1,000, or both |
| Offense results in the death or serious bodily injury of another person | A fine up to $10,000, up to 1 year of incarceration, or both |
Because 61-8-715 provides its own penalty, neither the chapter's general fine schedule in Section 61-8-711(2) nor the general misdemeanor fallback in Section 46-18-212 (up to 6 months in the county jail, a fine up to $500, or both, when "no penalty is otherwise provided") sets the reckless driving range.
Reckless endangerment of emergency personnel and highway workers
A 2023 law added two offenses that Section 61-8-389 makes "punishable under 61-8-715," the reckless driving penalty section. They are:
- Reckless endangerment of emergency personnel, when a driver violates the slow-down-and-move-over rule in Section 61-8-388 while an emergency vehicle "is stationary and using its emergency lights or siren" (61-8-389(1)(a)).
- Reckless endangerment of highway workers, when a driver violates 61-8-388 while a highway worker vehicle is stationary and using its emergency lights (61-8-389(1)(b)), or "purposely, knowingly, or negligently drives a motor vehicle in a highway work zone, as defined in 61-8-314, in a manner that endangers persons or property," or purposely removes, ignores or intentionally strikes an official traffic control device in a work zone for reasons other than avoiding an obstacle, an emergency, or protecting someone's health and safety (61-8-389(2)).
Section 61-8-388 requires a driver approaching a stationary law enforcement, emergency or highway worker vehicle showing its lights to slow to any temporary posted limit or, if none is posted, to 20 mph below the posted limit on an interstate (30 mph below on a state highway or county road) when able to change lanes, to one-half the posted limit when unable to change lanes, and to one-half the posted limit on any other road, and to follow flagger or temporary sign board instructions or, if none are posted yet, move to a lane not adjacent to the stationary vehicle on a multi-lane highway or move over as far as safely possible.
Work zones
Under Section 61-8-314(5), a person convicted of a traffic violation in a work zone "is guilty of a misdemeanor." If a highway worker was present in the work zone and within 1,000 feet of the violation, the fine is "not less than double the penalty provided for the violation in part 7 of this chapter"; otherwise the ordinary part 7 penalty applies.
Drivers under 18
Section 61-8-723 provides that a person under 18 convicted of an offense under Title 61 "may not be punished by incarceration." The court may instead impose a fine up to the adult amount (without jail for failure to pay), revoke the license or suspend it for a period the court sets, have the vehicle impounded for up to 60 days if the person owns it or is its only user, or any combination of these.
How fast is reckless driving in Montana?
Montana sets no speed at which driving becomes reckless by itself. Section 61-8-301 does not mention speed, and the speed provisions treat speeding as its own violation.
- Speed limits. Section 61-8-303(1) sets 80 mph on interstates outside urbanized areas of 50,000 or more (65 mph inside them), 75 mph by day and 70 mph at night on qualifying four-lane portions of national highways, 70 mph by day and 65 mph at night on other public highways, and 25 mph in an urban district, subject to listed exceptions.
- Reasonable speed for conditions. Section 61-8-303(3) requires a driver to "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."
- Minor speeding is not a crime. Under Section 61-8-725(2)(a), a violation of a 61-8-303 speed limit is not a criminal offense under the listed sections and, except as provided in subsection (2)(b) or (4), may not be recorded or charged against a driver's record when the limit is exceeded by no more than 10 miles an hour during the daytime or 5 miles an hour during the nighttime.
Reckless driving points and license suspension in Montana
Montana's only point schedule is the habitual traffic offender schedule in Section 61-11-203. A "habitual traffic offender" is a person who "within a 3-year period accumulates 30 or more conviction points" on that schedule. The entries relevant to this page are:
| Conviction | Points (MCA 61-11-203(2)) |
|---|---|
| Any offense punishable as a felony under Montana motor vehicle laws, or any felony committed using a motor vehicle | 12 |
| Driving under the influence | 10 |
| Leaving the scene of an accident involving death or injury | 8 |
| Driving while the license is suspended or revoked | 6 |
| Reckless driving | 5 |
| Illegal drag racing or engaging in a speed contest | 5 |
| Speeding, except as provided in 61-8-725(2)(a) | 3 |
| Driving without a license (not within 180 days after the license expired) | 2 |
| All other moving violations | 2 |
The schedule does not list careless driving by name; its catch-all for all other moving violations is 2 points.
License consequences come from three sections:
- Habitual offender revocation. After the department declares a person a habitual offender, it "shall revoke the person's driver's license or driving privilege for a period of 3 years from the date of the declaration" (61-11-211).
- Three reckless driving offenses in 12 months. Section 61-5-205(2)(b) requires the department to suspend a license when it receives notice that the driver was convicted of "three reckless driving offenses committed within a period of 12 months," and Section 61-5-205(4)(a) makes that suspension 1 year. A single reckless driving conviction is not on the 61-5-205 list.
- Fleeing and vehicle felonies. Section 61-5-205(1) requires revocation on a conviction for fleeing from or eluding a peace officer, any felony in which a motor vehicle is used, negligent homicide resulting from the operation of a motor vehicle, and negligent vehicular assault involving a motor vehicle, among other offenses; under 61-5-205(3) those revocations last 1 year.
Under MCA 61-8-803, reckless driving, reckless endangerment of a highway worker or reckless endangerment of emergency personnel committed while operating a commercial motor vehicle is a serious traffic violation; a second conviction in separate incidents within 3 years brings a 60-day commercial driver's license suspension and a third or later brings 120 days. For commercial driver's license holders, federal rule 49 C.F.R. 383.51 (Table 2) treats reckless driving as a serious traffic violation: a second conviction in a separate incident within 3 years brings a 60-day disqualification and a third brings 120 days, and a conviction in a personal vehicle counts only if it results in a revocation, cancellation or suspension of the license or non-commercial driving privileges. On national park roads, 36 C.F.R. 4.2 adopts state traffic law, so Montana's reckless driving statute governs there as well; the reckless driving laws by state hub covers the federal layer.
Careless driving in Montana
Careless driving is Montana's lower-tier offense. Section 61-8-302(1) provides:
"A person operating or driving a vehicle upon ways of this state open to the public 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 using the ways of this state open to the public." MCA 61-8-302(1)
The difference from reckless driving is the mental state: careless driving requires no willful or wanton disregard, only a failure to drive in a careful and prudent manner. The penalties under Section 61-8-716 are:
- Ordinary careless driving: punishable under the chapter's general schedule in 61-8-711(2), a fine of $10 to $100 for a first conviction, $25 to $200 for a second conviction within 1 year after the first, and $50 to $500 for a third or later conviction within 1 year after the first.
- Careless driving resulting in death or serious bodily injury of another person: a fine up to $5,000, up to 6 months of incarceration, or both (61-8-716(2)).
Montana's traffic code has no separate aggressive driving offense.
Street racing and exhibitions of speed in Montana
Section 61-8-308(1) provides that "no person shall engage in or aid or abet in any motor vehicle speed contest or exhibition of speed on a public highway or street without written permission of the authorities of the state, county, or city having jurisdiction and unless the same is fully and efficiently patrolled for the entire distance over which such race or contest for speed is to be held."
Under Section 61-8-717, a person convicted of violating 61-8-308 "shall be guilty of a misdemeanor" and faces a fine of $50 to $500, up to 6 months in the county or city jail, or both. A speed contest conviction is also 5 points on the habitual traffic offender schedule.
Montana's traffic code has no separate street takeover or drifting offense; conduct of that kind falls under the speed contest section or the reckless driving section.
Fleeing a peace officer: reckless driving makes it a felony
Montana's fleeing statute ties its felony tier directly to reckless driving. A driver commits fleeing from or eluding a peace officer under Section 61-8-316(1) by knowingly failing to obey a uniformed officer's signal to stop, including by refusing to stop, speeding up, continuing at 10 or more mph over the limit, turning off the lights, or otherwise fleeing.
The offense becomes aggravated fleeing under Section 61-8-316(2) if the person has a prior fleeing conviction, or if, in the course of fleeing, the person "exhibits reckless driving behavior as provided in 61-8-301, including intentionally steering the motor vehicle toward any other person," causes more than $5,000 in damage to another person's property, or leaves the state.
The penalties are in Section 61-8-707, enacted in 2025:
- Fleeing: a misdemeanor, imprisonment up to 1 year, a fine up to $2,000, or both.
- Aggravated fleeing: a felony, imprisonment up to 5 years, a fine up to $5,000, or both.
- Fleeing during which the person causes serious bodily injury to or the death of another person: a felony, imprisonment up to 10 years, a fine up to $10,000, or both.
A fleeing conviction also requires a 1-year license revocation (61-5-205(1)(e), (3)).
Is there a wet reckless in Montana?
Neither Montana's reckless driving section nor its DUI sections contain a wet reckless provision. Section 61-8-301 says nothing about alcohol or a reduced charge, and the DUI sections of Title 61, chapter 8, part 10 (including 61-8-1002, 61-8-1007 through 61-8-1011 and 61-8-1016) do not mention reckless driving, either as a lesser offense to which a DUI charge may be reduced or as a prior offense for DUI sentencing.
The one place the traffic code links reckless driving and impairment is Section 61-8-101(2), described above, which extends the reach of 61-8-301 and the DUI section beyond highways when the driver is under the influence. For DUI penalties themselves, see Montana DUI laws.
Driving without a license in Montana
Montana separates driving with no license, not carrying the license, and driving while suspended or revoked.
No valid license. Section 61-5-102(1)(a) provides that, except as provided in 61-5-104, "a person may not drive a motor vehicle upon a highway in this state unless the person has a valid Montana driver's license." The penalty is "a fine of not more than $500" (61-5-102(1)(b)). A person eligible to hold a license who obtained one but has not renewed it as provided in 61-5-111(3)(c) "is not subject to the penalty" (61-5-102(1)(c)).
License not in possession. Section 61-5-116(1) requires a licensee to carry the license and show it on demand, but provides that a person charged under that section "may not be convicted if the person produces in court or the office of the arresting officer a driver's license issued to the person and valid at the time of the person's arrest." Since September 1, 2025, a digital or hard copy version of the license issued and authorized by the department satisfies the carry requirement (61-5-116(2)).
Driving while suspended or revoked (Section 61-5-212).
- Driving during a suspension or revocation period: a fine up to $500, up to 6 months in jail, or both (61-5-212(1)(b)(ii)).
- If the suspension or revocation came from a DUI conviction under 61-8-1002(1)(a) through (1)(f) (or a similar out-of-state offense) or from a test refusal under 61-8-1016 (or a similar law): 2 days to 6 months in jail, a fine up to $2,000, or both, and the court may order up to 40 hours of community service (61-5-212(1)(b)(iii)).
- A second conviction for driving "without proof of a statutory exemption": 2 days to 6 months in jail, and a fine up to $500 (61-5-212(1)(b)(i)).
- On a conviction for driving a noncommercial vehicle while suspended or revoked, the department "shall extend the period of suspension or revocation for an additional 1-year period" (61-5-212(2)(a)).
Habitual traffic offenders. A declared habitual traffic offender who drives during the revocation period "is guilty of a misdemeanor" with 14 days to 1 year in jail, a fine up to $1,000, or both, and the department extends the revocation by 1 more year (61-11-213).
Montana reckless driving and related offenses: penalty table
| Offense | Statute | What it prohibits | Class or grade | Statutory penalty range |
|---|---|---|---|---|
| Reckless driving, first conviction | MCA 61-8-301; 61-8-715(1) | Operating a vehicle in willful or wanton disregard for the safety of persons or property, including while passing a stopped school bus | Misdemeanor | Up to 90 days, a $100 to $500 fine, or both |
| Reckless driving, second or later conviction | MCA 61-8-715(1) | Same | Misdemeanor | 5 days to 6 months, a $500 to $1,000 fine, or both |
| Reckless driving resulting in death or serious bodily injury | MCA 61-8-715(2) | Reckless driving whose result is the death or serious bodily injury of another person | Misdemeanor | Fine up to $10,000, up to 1 year, or both |
| Reckless endangerment of emergency personnel or highway workers | MCA 61-8-389; 61-8-715 | Move-over violation at a stationary emergency or highway worker vehicle, or endangering driving in a highway work zone | Misdemeanor | Same ranges as reckless driving under 61-8-715 |
| Careless driving | MCA 61-8-302; 61-8-716; 61-8-711(2) | Failing to drive in a careful and prudent manner that does not unduly or unreasonably endanger others | Misdemeanor | First conviction $10 to $100 fine (higher for repeats within 1 year); up to $5,000, 6 months, or both if it results in death or serious bodily injury |
| Speed contest or exhibition of speed | MCA 61-8-308; 61-8-717 | Engaging in or aiding an unpermitted speed contest or exhibition of speed on a public highway or street | Misdemeanor | $50 to $500 fine, up to 6 months, or both |
| Fleeing or eluding a peace officer | MCA 61-8-316(1); 61-8-707(1) | Knowingly failing to obey an officer's signal to stop | Misdemeanor | Up to 1 year, a fine up to $2,000, or both |
| Aggravated fleeing or eluding | MCA 61-8-316(2); 61-8-707(2) | Fleeing with a prior fleeing conviction, reckless driving behavior, over $5,000 in property damage, or leaving the state | Felony | Up to 5 years, a fine up to $5,000, or both |
| Fleeing causing serious bodily injury or death | MCA 61-8-707(3) | Fleeing during which the person causes serious bodily injury to or the death of another person | Felony | Up to 10 years, a fine up to $10,000, or both |
| Driving without a valid license | MCA 61-5-102(1) | Driving on a highway without a valid Montana license, unless exempt | Misdemeanor (61-5-307(1)) | Fine up to $500 |
| Driving while suspended or revoked | MCA 61-5-212(1)(b)(ii) | Driving during a suspension or revocation period | Misdemeanor (61-5-307(1)) | Fine up to $500, up to 6 months, or both (2 days to 6 months, up to $2,000, or both if the suspension was DUI or refusal based) |
| Habitual traffic offender driving during revocation | MCA 61-11-213 | Driving during a habitual offender revocation | Misdemeanor | 14 days to 1 year, a fine up to $1,000, or both |
Where no penalty is otherwise provided, Section 46-18-212 allows up to 6 months in the county jail, a fine up to $500, or both. For how Montana grades felonies and misdemeanors generally, see Montana felony and misdemeanor classes.
Vehicular homicide in Montana
When driving kills someone, Montana's homicide offenses, including negligent homicide resulting from the operation of a motor vehicle (named in 61-5-205(1)(a)), are covered on the Montana manslaughter laws page.
Recent changes to Montana reckless driving laws
- 2025: fleeing penalties. Chapter 311, Laws of 2025 (House Bill 503), in force October 1, 2025 under Montana's default effective-date rule (MCA 1-2-201), created the aggravated fleeing offense in Section 61-8-316(2) and enacted Section 61-8-707, the misdemeanor, aggravated-felony and serious-injury-or-death felony tiers for fleeing.
- 2025: speed and suspended-license sections. Chapter 255, Laws of 2025 amended the speed limit section (61-8-303) and the speeding section (61-8-725), and Chapter 264, Laws of 2025 (House Bill 344) amended the driving-while-suspended section (61-5-212).
- 2023: move-over and highway worker offenses. Chapter 567, Laws of 2023 enacted Sections 61-8-388 and 61-8-389, creating reckless endangerment of emergency personnel and of highway workers, and amended the reckless driving and reckless driving penalty sections (61-8-301 and 61-8-715).
Related Montana laws
- Reckless driving laws by state
- Montana DUI laws
- Montana manslaughter laws
- Montana felony and misdemeanor classes
- Montana hit-and-run laws
- Montana expungement laws
This article is general legal information about Montana law, not legal advice. For a specific situation, contact a lawyer licensed in Montana, or the Montana Motor Vehicle Division for driver's license questions.
Last updated: 2026-10-25.
Frequently Asked Questions
Is reckless driving a misdemeanor in Montana?
Yes. Montana traffic offenses are misdemeanors unless declared a felony (MCA 61-8-711(1)), and 61-8-715 sets the reckless driving range: up to 90 days, a $100 to $500 fine, or both for a first conviction, and 5 days to 6 months, $500 to $1,000, or both for a second or later one.
What is the penalty if reckless driving injures or kills someone in Montana?
Under MCA 61-8-715(2), reckless driving that results in the death or serious bodily injury of another person is punishable by a fine up to $10,000, up to 1 year of incarceration, or both.
How fast is reckless driving in Montana?
Montana sets no speed at which driving becomes reckless by itself. The reckless driving section (61-8-301) does not mention speed; speeding is a separate violation of the limits in 61-8-303.
How many points is reckless driving in Montana?
Five points on the habitual traffic offender schedule in MCA 61-11-203. Those points count only toward a habitual offender designation, which takes 30 or more points within 3 years and brings a 3-year license revocation (61-11-211).
Will a reckless driving conviction suspend my license in Montana?
Section 61-5-205 does not list a single reckless driving conviction as a suspension ground. It requires the department to suspend a license for 1 year when a driver is convicted of three reckless driving offenses committed within 12 months.
What is careless driving in Montana?
MCA 61-8-302 requires drivers on ways open to the public to drive in a careful and prudent manner that does not unduly or unreasonably endanger others. A first conviction carries a $10 to $100 fine, or up to $5,000, 6 months, or both if it results in death or serious bodily injury (61-8-716).
Does Montana have a wet reckless?
Montana's reckless driving and DUI sections contain no wet reckless provision. Neither the reckless driving section nor the DUI offense and penalty sections of Title 61, chapter 8, part 10 mention a reduced reckless driving charge or count reckless driving as a DUI prior.
Is street racing illegal in Montana?
Yes. MCA 61-8-308 bars racing, speed contests and exhibitions of speed on a public highway or street without written permission and full patrol. A conviction is a misdemeanor with a $50 to $500 fine, up to 6 months in jail, or both (61-8-717).
What happens if you drive without a license in Montana?
Driving on a Montana highway without a valid license is punishable by a fine up to $500 (61-5-102), with exceptions. Driving during a suspension or revocation carries up to $500, up to 6 months, or both, with a higher range when the suspension came from a DUI conviction or test refusal (61-5-212).
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Montana Code Annotated, Title 61
§ 61-8-301Reckless DrivingIn force
61-8-301. Reckless driving. (1) A person commits the offense of reckless driving if the person: (a) operates a vehicle in willful or wanton disregard for the safety of persons or property; or (b) operates a vehicle in willful or wanton disregard for the safety of persons or property while passing, in either direction, a school bus that has stopped and is displaying the visual flashing red signal, as provided in 61-8-351 and 61-9-402. This subsection (1)(b) does not apply to situations described in 61-8-351(7). (2) A municipality may enact and enforce 61-8-715 and subsection (1) of this section as an ordinance. (3) A person who is convicted of the offense of reckless driving or of reckless endangerment of a highway worker is subject to the penalties provided in 61-8-715.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
§ 61-8-715Reckless Driving -- Reckless Endangerment Of Emergency Personnel Or Highway Workers -- Failure To Yield To An Emergency Vehicle -- PenaltyIn force
61-8-715. Reckless driving -- reckless endangerment of emergency personnel or highway workers -- failure to yield to an emergency vehicle -- penalty. (1) Except as provided in subsection (2), a person convicted of reckless driving under 61-8-301(1)(a) or (1)(b), convicted of reckless endangerment of a highway worker under 61-8-389, or convicted of reckless endangerment of emergency personnel or reckless endangerment of highway workers under 61-8-389 shall be punished on a first conviction by imprisonment for a term of not more than 90 days, a fine of not less than $100 or more than $500, or both. On a second or subsequent conviction, the person shall be punished by imprisonment for a term of not less than 5 days or more than 6 months, a fine of not less than $500 or more than $1,000, or both. (2) A person who is convicted of reckless driving under 61-8-301 or convicted of reckless endangerment of emergency personnel or reckless endangerment of highway workers under 61-8-389 and whose offense results in the death or serious bodily injury of another person shall be punished by a fine in an amount not exceeding $10,000, incarceration for a term not to exceed 1 year, or both.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
§ 61-8-302Careless DrivingIn force
61-8-302. Careless driving. (1) A person operating or driving a vehicle upon ways of this state open to the public 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 using the ways of this state open to the public. (2) 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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
§ 61-8-716Careless Driving -- PenaltyIn force
61-8-716. Careless driving -- penalty. (1) A person who violates the provisions of 61-8-302 is guilty of the offense of careless driving and, except as provided in subsection (2), is punishable as provided in 61-8-711. (2) A person whose violation of the provisions of 61-8-302 results in the death or serious bodily injury of another person shall be punished by a fine in an amount not exceeding $5,000, by incarceration for a term not to exceed 6 months, or both.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
§ 61-8-308Permission Of Authorities To Hold Speed ContestIn force
61-8-308. Permission of authorities to hold speed contest. (1) No race or contest for speed shall be held and no person shall engage in or aid or abet in any motor vehicle speed contest or exhibition of speed on a public highway or street without written permission of the authorities of the state, county, or city having jurisdiction and unless the same is fully and efficiently patrolled for the entire distance over which such race or contest for speed is to be held. (2) A person who is convicted of violating this section is subject to the penalties provided in 61-8-717.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
§ 61-8-717Penalty For Unauthorized Speed ContestIn force
61-8-717. Penalty for unauthorized speed contest. Any person convicted for violation of 61-8-308 shall be guilty of a misdemeanor and shall be punished by a fine of not less than $50 or more than $500 or by imprisonment in the county or city jail for not more than 6 months or by both such fine and imprisonment.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
§ 61-8-316Fleeing From Or Eluding Peace OfficerIn force
61-8-316. Fleeing from or eluding peace officer. (1) A person operating a motor vehicle commits the offense of fleeing from or eluding a peace officer if a uniformed peace officer operating a police vehicle in the lawful performance of the peace officer's duty gives the person a visual or audible signal by hand, voice, emergency light, or siren directing the person to stop the motor vehicle and the person knowingly fails to obey the signal by refusing to bring the motor vehicle to a stop, increasing the speed of the motor vehicle, continuing at a speed that is 10 or more miles an hour above the applicable speed limit, extinguishing the motor vehicle's lights, or otherwise fleeing from, eluding, or attempting to flee from or elude the peace officer.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
§ 61-8-707Fleeing From Or Eluding Peace Officer -- PenaltyIn force
61-8-707. Fleeing from or eluding peace officer -- penalty. (1) Except as provided in subsections (2) and (3), a person convicted of or pleading guilty or no contest to an offense under 61-8-316 is guilty of a misdemeanor and shall be imprisoned for a term not to exceed 1 year or fined an amount not to exceed $2,000, or both. (2) A person convicted of the offense of aggravated fleeing from or eluding a peace officer under 61-8-316 is guilty of a felony and shall be imprisoned for a term not to exceed 5 years or fined an amount not to exceed $5,000, or both. (3) A person convicted of an offense of fleeing from or eluding a peace officer during which the person causes serious bodily injury to or the death of any other person is guilty of a felony and shall be imprisoned for a term not to exceed 10 years or fined an amount not to exceed $10,000, or both.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
§ 61-8-389Reckless Endangerment Of Emergency Personnel -- Reckless Endangerment Of Highway WorkersIn force
61-8-389. Reckless endangerment of emergency personnel -- reckless endangerment of highway workers. (1) (a) An operator of a vehicle who violates 61-8-388 when an emergency vehicle is stationary and using its emergency lights or siren commits the offense of reckless endangerment of emergency personnel. (b) An operator of a vehicle who violates 61-8-388 when a highway worker vehicle is stationary and using its emergency lights commits the offense of reckless endangerment of highway workers. (2) An operator of a vehicle commits the offense of reckless endangerment of highway workers if the person purposely, knowingly, or negligently drives a motor vehicle in a highway work zone, as defined in 61-8-314, in a manner that endangers persons or property or if the person purposely removes, ignores, or intentionally strikes an official traffic control device in a work zone for reasons other than: (a) avoidance of an obstacle; (b) an emergency; or (c) to protect the health and safety of an occupant of the vehicle or of another person. (3) Reckless endangerment of emergency personnel or reckless endangerment of highway workers is punishable under 61-8-715.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
§ 61-8-303Speed Restrictions -- DefinitionsIn force
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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
§ 61-8-725Penalty For Violation Of Speed Limits -- No Record For Certain ViolationsIn force
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) 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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
§ 61-11-203Definitions -- Habitual Traffic Offenders -- Point ScheduleIn force
61-11-203. Definitions -- habitual traffic offenders -- point schedule. (1) As used in this part, the following definitions apply: (a) "Conviction" has the meaning provided in 61-5-213 resulting from a violation of traffic regulations on highways in this state or a traffic statute or traffic regulation in another jurisdiction. (b) "Habitual traffic offender" means any person who within a 3-year period accumulates 30 or more conviction points according to the schedule specified in subsection (2). (c) "License" means any type of license or permit to operate a motor vehicle. (d) "Moving violation" means a violation of a traffic regulation of this state or another jurisdiction by a person while operating a motor vehicle or in actual physical control of a motor vehicle upon a highway. (e) "Traffic regulation" includes any provision governing motor vehicle operation, equipment, safety, or driver licensing. A traffic regulation does not include provisions governing vehicle registration or local parking.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
§ 61-5-205Mandatory Revocation Or Suspension Of License Upon Certain Convictions -- Duration Of Action -- ExceptionsIn force
61-5-205. Mandatory revocation or suspension of license upon certain convictions -- duration of action -- exceptions. (1) The department shall revoke an individual's driver's license or driving privilege if the department receives notice from a court or another licensing jurisdiction that the individual has been convicted of any of the following offenses: (a) negligent homicide resulting from the operation of a motor vehicle; (b) any felony in the commission of which a motor vehicle is used; (c) failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another; (d) perjury or the making of a false affidavit or statement under oath to the department under this chapter or under any other law relating to the ownership or operation of motor vehicles; (e) fleeing from or eluding a peace officer; or (f) negligent vehicular assault as defined in 45-5-205 involving a motor vehicle.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
§ 61-5-212Driving While License Suspended Or Revoked -- Penalty -- Second Offense Of Driving Without Licensing ExemptionIn force
61-5-212. Driving while license suspended or revoked -- penalty -- second offense of driving without licensing exemption. (1) (a) A person commits the offense of driving a motor vehicle without statutory exemption or during a suspension or revocation period if the person drives: (i) a motor vehicle on any public highway of this state at a time when the person's privilege to drive or apply for and be issued a driver's license is suspended or revoked in this state or any other state unless the person has obtained a restricted-use driving permit under 61-5-232; (ii) a commercial motor vehicle while the person's commercial driver's license is revoked, suspended, or canceled in this state or any other state or the person is disqualified from operating a commercial motor vehicle or from obtaining a commercial driver's license; or (iii) a motor vehicle on any public highway of this state without proof of a statutory exemption, as provided in 61-5-104.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
§ 61-5-102Drivers To Be Licensed -- PenaltyIn force
61-5-102. Drivers to be licensed -- penalty. (1) (a) Except as provided in 61-5-104, a person may not drive a motor vehicle upon a highway in this state unless the person has a valid Montana driver's license. A person may not receive a Montana driver's license until the person surrenders to the department all valid driver's licenses issued by any other jurisdiction. A person may not have in the person's possession or under the person's control more than one valid Montana driver's license at any time. (b) Except as provided in subsection (1)(c), the penalty for a violation of this section is a fine of not more than $500. (c) A person who is eligible to hold a driver's license and has obtained a valid driver's license but has not renewed the license as provided in 61-5-111(3)(c) is not subject to the penalty in subsection (1)(b). (2) (a) (i) Except as provided in subsections (2)(a)(ii) and (2)(a)(iii), a license is not valid for the operation of a motorcycle unless the holder of the license has completed the requirements of 61-5-110 and the license has been clearly marked with the words "motorcycle endorsement".
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
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Sources and References
- MCA 61-8-301, Reckless driving(mca.legmt.gov).gov
- MCA 61-8-715, Penalty for reckless driving(mca.legmt.gov).gov
- MCA 61-8-351, School bus stops(mca.legmt.gov).gov
- MCA 61-8-101, Applicability of traffic chapter(mca.legmt.gov).gov
- MCA 61-8-711, Misdemeanor and general penalties(mca.legmt.gov).gov
- MCA 46-18-212, When no penalty is specified(mca.legmt.gov).gov
- MCA 61-8-389, Reckless endangerment of emergency personnel and highway workers(mca.legmt.gov).gov
- MCA 61-8-388, Approaching stationary emergency and highway worker vehicles(mca.legmt.gov).gov
- MCA 61-8-314, Work zones(mca.legmt.gov).gov
- MCA 61-8-723, Penalties for persons under 18(mca.legmt.gov).gov
- MCA 61-8-303, Speed limits(mca.legmt.gov).gov
- MCA 61-8-725, Speeding violations(mca.legmt.gov).gov
- MCA 61-11-203, Habitual traffic offender definitions and point schedule(mca.legmt.gov).gov
- MCA 61-11-211, Habitual offender license revocation(mca.legmt.gov).gov
- MCA 61-5-205, Mandatory revocation and suspension(mca.legmt.gov).gov
- 49 C.F.R. 383.51, Disqualification of drivers(www.ecfr.gov).gov
- 36 C.F.R. 4.2, State law applicable in park areas(www.ecfr.gov).gov
- MCA 61-8-302, Careless driving(mca.legmt.gov).gov
- MCA 61-8-716, Penalty for careless driving(mca.legmt.gov).gov
- MCA 61-8-308, Speed contests and exhibitions of speed(mca.legmt.gov).gov
- MCA 61-8-717, Penalty for speed contests(mca.legmt.gov).gov
- MCA 61-8-316, Fleeing from or eluding a peace officer(mca.legmt.gov).gov
- MCA 61-8-707, Penalty for fleeing from or eluding a peace officer(mca.legmt.gov).gov
- MCA 61-5-102, Driver license required(mca.legmt.gov).gov
- MCA 61-5-116, License to be carried and exhibited(mca.legmt.gov).gov
- MCA 61-5-212, Driving while suspended or revoked(mca.legmt.gov).gov
- MCA 61-11-213, Habitual offender driving during revocation(mca.legmt.gov).gov
- MCA 61-8-803, Suspension of commercial driver's license for serious traffic violations(mca.legmt.gov).gov
- MCA 61-5-307, Penalty for misdemeanor(mca.legmt.gov).gov
- MCA 1-2-201, Statutes effective date(mca.legmt.gov).gov
- Chapter 311, Laws of 2025 (House Bill 503), enrolled text(archive.legmt.gov).gov
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