reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-348. All vehicles to stop at certain railroad grade crossings

61-8-348. All vehicles to stop at certain railroad grade crossings.
(1) The department of transportation and local authorities in their respective jurisdictions may designate particularly dangerous highway grade crossings of railroads and erect stop signs at these crossings. Where these stop signs are erected, the operator of a vehicle shall stop as close as practicable but not less than 15 feet from the nearest rail of the railroad and may proceed only upon exercising due care.
(2) The operator of a vehicle upon a highway outside of the limits of an incorporated city or town who is approaching a highway grade crossing where a flag person or a mechanical device is not in place or maintained to warn the public of approaching trains or other on-track equipment shall, before crossing the railroad tracks, stop the vehicle as close as practicable but not less than 15 feet from the nearest rail if:
(a) a curve in the tracks or vegetation or some other feature or characteristic obscures the view of approaching trains or other on-track equipment; or
(b) a moving train or other on-track equipment is within sight or hearing.
History: En. Sec. 89, Ch. 263, L. 1955; amd. Sec. 64, Ch. 316, L. 1974; R.C.M. 1947, 32-2192; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 30, Ch. 352, L. 2003; amd. Sec. 2, Ch. 256, L. 2009.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-349. Certain vehicles to stop at all railroad grade crossings

61-8-349. Certain vehicles to stop at all railroad grade crossings.
(1) (a) Except as provided in subsection (1)(b), the driver of a motor vehicle carrying seven or more passengers for hire, a school bus with or without passengers, or a vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop the vehicle as close as practicable but not less than 15 feet from the nearest rail of the railroad and while stopped shall open the door, in the case of a school bus, and shall listen and look in both directions along the track for an approaching train or other on-track equipment and for signals indicating the approach of a train or other on-track equipment and may not proceed until the driver can do so safely. After stopping as required in this section and upon proceeding when it is safe to do so, the operator of a vehicle may cross only in a gear of the vehicle that requires no changing gears while traversing the crossing. The operator may not shift gears while crossing the track or tracks.
(b) A stop is not required at a crossing where a police officer, highway patrol officer, or official traffic control device directs traffic to proceed.
(2) As used in this section, "official traffic control device" does not include a railroad grade crossing signal.
History: (1)En. Sec. 1, Ch. 151, L. 1919; re-en. Sec. 3842, R.C.M. 1921; re-en. Sec. 3842, R.C.M. 1935; amd. Sec. 1, Ch. 115, L. 1957; amd. Sec. 20, Ch. 315, L. 1974; Sec. 72-164, R.C.M. 1947; (2) thru (4)Ap p. Sec. 90, Ch. 263, L. 1955; amd. Sec. 1, Ch. 244, L. 1977; Sec. 32-2193, R.C.M. 1947; Ap. p. Sec. 284, Ch. 5, L. 1971; Sec. 75-7007, R.C.M. 1947; R.C.M. 1947, 32-2193, 72-164(part), 75-7007(part); amd. Sec. 1, Ch. 217, L. 1989; amd. Sec. 1, Ch. 449, L. 1991; amd. Sec. 31, Ch. 352, L. 2003; amd. Sec. 3, Ch. 256, L. 2009.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-350. Moving heavy equipment at railroad grade crossings

61-8-350. Moving heavy equipment at railroad grade crossings.
(1) A person shall comply with the provisions of this section before operating or moving upon or across the tracks at a railroad grade crossing any crawler-type tractor, steam shovel, derrick, roller, or any equipment or structure that has:
(a) a normal operating speed of 10 or less miles an hour; or
(b) a vertical body or load clearance measured above the surface of the roadway of:
(i) less than one-half inch for each foot of the distance between any two adjacent axles; or
(ii) at least 9 inches.
(2) Notice of an intended crossing must be given to a representative of the railroad and reasonable time must be given to the railroad to provide proper protection at the crossing.
(3) Before making a crossing, the person operating or moving the vehicle or equipment shall first stop the vehicle or equipment as close as practicable but not less than 15 feet from the nearest rail of the railroad and while stopped shall listen and look in both directions along the track for any approaching train or other on-track equipment and for signals indicating the approach of a train or other on-track equipment. The person may not proceed until the crossing can be made safely.
(4) A crossing may not be made when warning is given by automatic signal, crossing gates, a flag person, or other official traffic control device of the immediate approach of a railroad train or car or other on-track equipment. If a flag person is provided by the railroad, movement over the crossing must be under the flag person's direction.
History: En. Sec. 91, Ch. 263, L. 1955; R.C.M. 1947, 32-2194; amd. Sec. 32, Ch. 352, L. 2003; amd. Sec. 4, Ch. 256, L. 2009.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-352. Prohibited operation of special lighting equipment on school buses

61-8-352. Prohibited operation of special lighting equipment on school buses.
It shall be unlawful to operate any flashing prewarning or warning signal light on any school bus except when the school bus is preparing to stop or is stopped on a highway for the purpose of permitting school children to board or alight from said school bus.
History: Ap. p. Sec. 95, Ch. 263, L. 1955; amd. Sec. 3, Ch. 250, L. 1965; Sec. 32-2198, R.C.M. 1947; Ap. p. Sec. 284, Ch. 5, L. 1971; Sec. 32-2198, R.C.M. 1947; R.C.M. 1947, 32-2198, 75-7007(part).
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-353. Stopping, standing, or parking outside of business or residence districts

61-8-353. Stopping, standing, or parking outside of business or residence districts.
(1) Upon any highway outside of a business or residence district no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the highway when it is practical to stop, park, or so leave such vehicle off such part of said highway, but in every event an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles. No person shall stop, stand, or park any vehicle upon such highway unless such vehicle can be seen by the driver of any other vehicle approaching from either direction within 500 feet and unless drivers approaching from opposite directions are visible to each other when both are at least 500 feet from the vehicle to be stopped, turned, or parked, except in cases of justifiable emergency.
(2) This section shall not apply to the driver of any vehicle which is disabled while on the paved or main-traveled portion of a highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position.
History: En. Sec. 96, Ch. 263, L. 1955; R.C.M. 1947, 32-2199.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-354. Stopping, standing, or parking prohibited in specified places -- exceptions -- definition

61-8-354. Stopping, standing, or parking prohibited in specified places -- exceptions -- definition.
(1) A person may not stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer, highway patrol officer, or official traffic control device, in any of the following places:
(a) on a sidewalk;
(b) in front of a public or private driveway;
(c) within an intersection;
(d) within 15 feet of a fire hydrant;
(e) on a crosswalk;
(f) within 20 feet of a crosswalk at an intersection;
(g) within 30 feet upon the approach to any flashing beacon, stop sign, or official traffic control device located at the side of a roadway;
(h) between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless the local authorities indicate a different length by signs or markings;
(i) within 50 feet of the nearest rail of a railroad crossing;
(j) within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of the entrance when properly signposted;
(k) alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic;
(l) on the roadway side of any vehicle stopped or parked at the edge or curb of a street;
(m) upon any bridge or other elevated structure upon a highway or within a highway tunnel;
(n) at any place where official traffic control devices prohibit stopping.
(2) A public bus stop may not be established in the areas described in subsections (1)(a) through (1)(c) and (1)(e). Otherwise, this section does not prohibit the establishment of public bus stops and the regulation of their use by the authority having jurisdiction. A bus stop may only be established pursuant to a traffic and engineering study.
(3) A person may not move a vehicle not lawfully under the person's control into a prohibited area or an unlawful distance away from a curb.
(4) As used in this section, "safety zone" means the area or space that is officially set apart within a roadway for the exclusive use of pedestrians and that is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.
History: En. Sec. 98, Ch. 263, L. 1955; R.C.M. 1947, 32-21-101; amd. Sec. 1, Ch. 417, L. 1981; amd. Sec. 6, Ch. 450, L. 1983; amd. Sec. 1, Ch. 217, L. 1989; amd. Sec. 3, Ch. 512, L. 1991; amd. Secs. 33, 51(1), Ch. 352, L. 2003; amd. Sec. 201, Ch. 542, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-355. Additional parking regulations

61-8-355. Additional parking regulations.
(1) Except as otherwise provided in this section, a vehicle that is stopped or parked on a two-way roadway must be stopped or parked with the right-hand wheels of the vehicle parallel to and within 18 inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder.
(2) Except when otherwise provided by the authority having jurisdiction, a vehicle that is stopped or parked on a one-way roadway must be stopped or parked parallel to the curb or edge of the roadway in the direction of authorized traffic movement, with its right-hand wheels within 18 inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder or with its left-hand wheels within 18 inches of the left-hand curb or as close as practicable to the left edge of the left-hand shoulder.
(3) A local authority may by ordinance permit angle parking on a roadway, except that angle parking may not be permitted on any commission-designated highway system or state highway, as defined in 60-1-103, unless the department of transportation determines that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic.
(4) The authority having jurisdiction may place official traffic control devices prohibiting or restricting the stopping, standing, or parking of vehicles on a highway where in its judgment this stopping, standing, or parking is dangerous to those using the highway or where the stopping, standing, or parking of vehicles would unduly interfere with the free movement of traffic.
History: En. Sec. 99, Ch. 263, L. 1955; amd. Sec. 66, Ch. 316, L. 1974; R.C.M. 1947, 32-21-102; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 34, Ch. 352, L. 2003; amd. Sec. 32, Ch. 299, L. 2019.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-356. Prohibition against parking or leaving vehicles on public property -- presumption of ownership

61-8-356. Prohibition against parking or leaving vehicles on public property -- presumption of ownership.
(1) A vehicle may not be parked or left standing upon the right-of-way of a public highway for a period longer than 48 hours or upon a city street or state, county, or city property for a period longer than 5 days.
(2) The abandonment of a vehicle, other than a bicycle, on a public highway, a city street, public property, or private property creates a prima facie presumption that the last-registered owner of the vehicle is responsible for the abandonment and is liable for the costs incurred in removing, storing, and disposing of the abandoned vehicle, less the amount realized if the vehicle is sold.
(3) The filing of a theft report with a law enforcement agency prior to the abandonment relieves the last-registered owner of liability under subsection (2).
(4) A person who is convicted of violating this section is subject to the penalties provided in 61-8-719.
History: En. Sec. 1, Ch. 288, L. 1967; amd. Sec. 1, Ch. 169, L. 1969; R.C.M. 1947, 53-901; amd. Sec. 13, Ch. 283, L. 1995; amd. Sec. 252, Ch. 42, L. 1997; amd. Sec. 35, Ch. 352, L. 2003; amd. Sec. 7, Ch. 161, L. 2023.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-357. Unattended motor vehicles

61-8-357. Unattended motor vehicles.
A person driving or in charge of a motor vehicle may not permit it to stand unattended without first safely securing it in a manner to prevent the vehicle from rolling onto the roadway.
History: En. Sec. 100, Ch. 263, L. 1955; R.C.M. 1947, 32-21-103; amd. Sec. 1, Ch. 50, L. 2017.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-358. Limitations on backing

61-8-358. Limitations on backing.
The driver of a vehicle shall not back the same unless such movement can be made with reasonable safety and without interfering with other traffic.
History: En. Sec. 101, Ch. 263, L. 1955; R.C.M. 1947, 32-21-104.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-359. Riding on motorcycles or quadricycles

61-8-359. Riding on motorcycles or quadricycles.
(1) A person operating a motorcycle on public streets or highways may ride only upon the permanent and regular seat attached to the motorcycle. The operator may not carry any other person and another person may not ride on a motorcycle unless the motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons or upon another seat firmly attached to the rear or side of the operator.
(2) A passenger may not be carried in a position that will interfere with the operation of the motorcycle or the view of the operator.
(3) A person operating a motorcycle may not carry any packages, bundles, or articles that would prevent the operator from keeping both hands on the handlebars or that would interfere with the operation of the vehicle in a safe and prudent manner.
(4) A person may ride upon a motorcycle only while sitting astride the seat, facing forward, with one leg on each side of the motorcycle.
(5) Except as provided in subsections (5)(a) and (5)(b) and subject to 61-9-101(4), motorcycles must be operated with lights on at all times when operated on any public roadway. A motorcycle may be operated without lights from one-half hour before sunrise to one-half hour after sunset if:
(a) the motorcycle is registered under 61-3-411 as a collector's item and if persons and vehicles are clearly discernible at a distance of 500 feet; or
(b) the motorcycle is being driven to the nearest repair facility for headlamp repair.
(6) No more than two motorcycles may be operated side by side in a single traffic lane.
(7) All motor vehicles, including motorcycles and quadricycles, are entitled to the full use of a traffic lane, and a vehicle may not be driven or operated in a manner that deprives any other vehicle of the full use of a traffic lane, except that motorcycles may, with the consent of both drivers, be operated no more than two abreast in a single traffic lane.
(8) Every person riding a motorcycle or quadricycle upon a roadway is granted all of the rights and is subject to all of the duties applicable to the driver of a motor vehicle except for those provisions which, by their nature, can have no application.
(9) A person operating a motorcycle or quadricycle shall operate the motorcycle or quadricycle in a reasonable and prudent manner at all times.
History: En. Sec. 102, Ch. 263, L. 1955; amd. Sec. 1, Ch. 175, L. 1967; R.C.M. 1947, 32-21-105; amd. Sec. 1, Ch. 345, L. 1983; amd. Sec. 35, Ch. 516, L. 1985; amd. Sec. 36, Ch. 352, L. 2003; amd. Sec. 2, Ch. 434, L. 2017.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-360. Obstruction to driver's view or driving mechanism

61-8-360. Obstruction to driver's view or driving mechanism.
(1) A person may not operate a vehicle, other than a bicycle, with more than three people in the front seat or with any load or number of people in the front seat that would obstruct the view of the operator to the front or sides of the vehicle or that would interfere with the operator's control over the driving mechanism of the vehicle.
(2) A passenger in a vehicle may not ride in a position that interferes with the operator's view ahead or to the sides or that interferes with the operator's control over the driving mechanism of the vehicle.
History: En. Sec. 103, Ch. 263, L. 1955; R.C.M. 1947, 32-21-106; amd. Sec. 37, Ch. 352, L. 2003.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-361. Driving on mountain highways

61-8-361. Driving on mountain highways.
The driver of a motor vehicle traveling through defiles or canyons or on mountain highways shall hold the motor vehicle under control and as near the right-hand edge of the roadway as reasonably possible.
History: En. Sec. 104, Ch. 263, L. 1955; R.C.M. 1947, 32-21-107; amd. Sec. 38, Ch. 352, L. 2003.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-362. Coasting prohibited

61-8-362. Coasting prohibited.
The driver of a motor vehicle when traveling upon a downgrade may not coast with the transmission of the vehicle in neutral or with the clutch manually disengaged.
History: En. Sec. 105, Ch. 263, L. 1955; R.C.M. 1947, 32-21-108; amd. Sec. 39, Ch. 352, L. 2003.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-363. Following fire apparatus prohibited

61-8-363. Following fire apparatus prohibited.
The operator of a vehicle other than one on official business may not follow a fire apparatus traveling in response to a fire call closer than 500 feet or drive into or stop the vehicle within 500 feet of where the fire apparatus has stopped in answer to a fire call.
History: En. Sec. 106, Ch. 263, L. 1955; R.C.M. 1947, 32-21-109; amd. Sec. 40, Ch. 352, L. 2003.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-364. Crossing firehose

61-8-364. Crossing firehose.
A vehicle may not be operated over an unprotected hose of a governmental fire agency organized under Title 7, chapter 33, when the hose is laid down on any roadway, private road, or private driveway, to be used at any fire or alarm of fire, without the consent of the agency official in command.
History: En. Sec. 107, Ch. 263, L. 1955; R.C.M. 1947, 32-21-110; amd. Sec. 41, Ch. 352, L. 2003; amd. Sec. 42, Ch. 449, L. 2007.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-365. Putting refuse on highway prohibited

61-8-365. Putting refuse on highway prohibited.
(1) A person may not throw or deposit upon a highway glass bottles, glass, nails, tacks, wire, cans, plastic bottles, plastic, paper, or any other debris. A person may not throw or deposit upon a highway any substance likely to injure a person or animal or damage a vehicle upon the highway.
(2) A person who drops or permits to be dropped or thrown upon a highway destructive or injurious material shall immediately remove the material or cause it to be removed.
(3) A person who removes a wrecked or damaged vehicle from a highway shall remove glass or any other injurious substance dropped upon the highway from the vehicle.
(4) Except as provided in 61-8-372 and subsection (5) of this section, a person convicted of violating this section shall be fined not more than $250. Except for the maximum fine of $250 as provided in this subsection and except for the maximum fine of $500 as provided in 61-8-372, the penalty provisions of 61-8-711 apply to this section.
(5) A person may not throw or deposit upon a highway plastic bottles or any other containers in which urine or feces have been deposited. A person convicted of violating this subsection shall be fined not more than $1,000. The department shall make information about this subsection available at all weigh stations.
History: En. Sec. 108, Ch. 263, L. 1955; R.C.M. 1947, 32-21-111; amd. Sec. 1, Ch. 510, L. 1979; amd. Sec. 4, Ch. 67, L. 1997; amd. Sec. 1, Ch. 513, L. 2001; amd. Sec. 42, Ch. 352, L. 2003.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-366. Riding on fenders or running boards prohibited

61-8-366. Riding on fenders or running boards prohibited.
Any person driving a vehicle shall not permit passengers to ride on the fenders or running boards, nor shall any passenger ride on the fenders or running boards of a vehicle.
History: En. Sec. 109, Ch. 263, L. 1955; R.C.M. 1947, 32-21-112.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-367. Riding in housetrailers

61-8-367. Riding in housetrailers.
No person or persons may occupy a housetrailer while it is being moved upon a public highway unless the trailer is of a semitrailer design where some part of its own weight and that of its cargo rests upon or is carried by its towing unit through the use of a fifth-wheel type trailer hitch mounted on no less than a one-half ton rated truck.
History: En. Sec. 109.1, Ch. 263, L. 1955, as added by Sec. 1, Ch. 167, L. 1957; amd. Sec. 1, Ch. 21, L. 1975; R.C.M. 1947, 32-21-112.1.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-368. Opening and closing vehicle doors

61-8-368. Opening and closing vehicle doors.
A person may not open a door of a motor vehicle unless it is reasonably safe to do so without interfering with the movement of other traffic. A person may not leave a door open on a side of a vehicle adjacent to moving traffic for a period of time longer than is necessary to load or unload passengers.
History: En. Sec. 109.2, Ch. 263, L. 1955, as added by Sec. 1, Ch. 167, L. 1957; R.C.M. 1947, 32-21-112.2; amd. Sec. 7, Ch. 450, L. 1983; amd. Sec. 43, Ch. 352, L. 2003.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-369. Shooting from or across road or highway right-of-way

61-8-369. Shooting from or across road or highway right-of-way.
Except as provided in 87-2-803(5), a person may not shoot a firearm from or across the right-of-way of a highway.
History: En. Sec. 110, Ch. 263, L. 1955; amd. Sec. 1, Ch. 25, L. 1974; R.C.M. 1947, 32-21-113; amd. Sec. 1, Ch. 214, L. 1985; amd. Sec. 1, Ch. 416, L. 1985; amd. Sec. 44, Ch. 352, L. 2003; amd. Sec. 3, Ch. 449, L. 2015.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-370. Securing of load -- requirement -- exemptions -- violation

61-8-370. Securing of load -- requirement -- exemptions -- violation.
(1) (a) A person operating a loaded vehicle on a public highway shall load the vehicle or secure the load sufficiently to prevent littering or creating an obstruction dangerous to the public traveling on the highway.
(b) A person operating a loaded vehicle on a public highway from which any object escapes that may create an obstruction dangerous to the public traveling on the highway, including but not limited to building materials, furniture, and appliances, shall:
(i) remove the object or cause it to be removed from the roadway when removal can be completed safely; and
(ii) if state or local resources are used to complete the removal, pay the cost of the removal as determined by the applicable roadway authority.
(2) The following vehicles are exempt from the provisions in subsection (1):
(a) a commercial motor vehicle that is operating in compliance with state and federal laws and requirements governing the securing of loads;
(b) a vehicle transporting processed or unprocessed agricultural products or inputs, including but not limited to fertilizer, manure, and pesticides;
(c) a vehicle performing road maintenance; and
(d) a vehicle in a marked work zone.
(3) A person who violates the requirements of subsection (1) is guilty of a misdemeanor.
History: En. Sec. 1, Ch. 374, L. 1991; amd. Sec. 1, Ch. 428, L. 2009; amd. Sec. 3, Ch. 426, L. 2017; amd. Sec. 1, Ch. 196, L. 2023.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-371. Operation of motor vehicle or off-highway vehicle below high-water mark on certain state or federal lands prohibited -- exceptions

61-8-371. Operation of motor vehicle or off-highway vehicle below high-water mark on certain state or federal lands prohibited -- exceptions.
(1) Except as provided in 77-1-111(3), 77-1-806(4), and subsections (2) and (3) of this section, a person may not operate a motor vehicle or an off-highway vehicle below the ordinary high-water mark, as defined in 23-2-301, of class I or class II waters, as defined in 23-2-301, that occurs on state or federal lands or below the ordinary high-water mark of class I waters flowing through private lands, within that portion of the streambed that is covered with water.
(2) A motor vehicle or an off-highway vehicle may be operated below the ordinary high-water mark on state or federal lands on an established road or trail that enters or crosses a stream, but the stream crossing must be by the shortest practical or designated route to the road or trail on the opposite bank.
(3) The prohibition in subsection (1) does not apply to:
(a) off-highway or motor vehicle use that occurs on state or federal land that is designated for off-highway or motor vehicle use below the ordinary high-water mark if the use is in accordance with the requirements of the authorization;
(b) off-highway or motor vehicle use conducted on state or federal land pursuant to and in accordance with a specific written authorization from the appropriate land management agency for that use below the ordinary high-water mark; and
(c) operation of an off-highway vehicle by a nonambulatory person who is using the vehicle for recreational use, as defined in 23-2-301, as long as operation of the vehicle is prudent and minimizes destruction.
(4) The state may authorize the use of a motor vehicle or off-highway vehicle on state property below the ordinary high-water mark only when the state has determined that the use will have a minimal impact on the streambed and on the fish and wildlife ecology of the stream or river. Federal land management agencies are requested to apply the same criteria when authorizing use of federal land.
History: En. Sec. 1, Ch. 491, L. 1991; amd. Sec. 202, Ch. 542, L. 2005; amd. Sec. 5, Ch. 472, L. 2009.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-372. Littering with lighted matches, cigarettes, and other burning material and dumping ashtray prohibited -- penalty -- posting

61-8-372. Littering with lighted matches, cigarettes, and other burning material and dumping ashtray prohibited -- penalty -- posting.
(1) A person may not throw away lighted matches, tobacco, cigarettes, cigars, or other lighted material on a forest road, private road, city street, county road, public highway, or railroad right-of-way, except lighted materials used as safety signaling devices, in this state.
(2) A person may not empty an ashtray containing matches, ashes, cigarette or cigar refuse, or other related material on a forest road, private road, city street, county road, public highway, or railroad right-of-way in this state.
(3) A person convicted of violating subsection (1) or (2) shall be fined a maximum of $500.
(4) Municipalities, the forest service, county governments, property owners, public transit operators, federal highway administrators, and any other appropriate entity may, at their discretion, post copies of this section in conspicuous locations.
History: En. Sec. 1, Ch. 67, L. 1997; amd. Sec. 2, Ch. 513, L. 2001.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-375. Unlawful operation of motorized nonstandard vehicle -- exception

61-8-375. Unlawful operation of motorized nonstandard vehicle -- exception.
A person may not operate a motorized nonstandard vehicle on ways of this state open to the public unless the operation is specifically authorized by ordinance or regulation passed by the local governing body of the county, city, or town for a public way under its jurisdiction.
History: En. Sec. 3, Ch. 468, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-376. Authorized operation of electric personal assistive mobility devices

61-8-376. Authorized operation of electric personal assistive mobility devices.
Electric personal assistive mobility devices, as defined in 61-1-101, are permitted to operate on sidewalks, unless they are prohibited by official traffic control devices, on bike paths, and on roads and streets that have a speed limit of 35 miles an hour or less.
History: En. Sec. 4, Ch. 468, L. 2005; amd. Sec. 12, Ch. 468, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-377. Medium-speed electric vehicle -- operating requirements

61-8-377. Medium-speed electric vehicle -- operating requirements.
(1) A medium-speed electric vehicle may be operated only on a highway for which the posted speed limit does not exceed 45 miles an hour.
(2) Except as provided in subsection (1), the provisions of this chapter apply to the operator of a medium-speed electric vehicle.
History: En. Sec. 2, Ch. 233, L. 2007.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-378. Low-speed electric vehicle -- golf cart operated by person with low-speed restricted driver's license -- operating requirements

61-8-378. Low-speed electric vehicle -- golf cart operated by person with low-speed restricted driver's license -- operating requirements.
(1) A low-speed electric vehicle may be operated only by a person with a low-speed restricted driver's license.
(2) A low-speed electric vehicle or golf cart operated by a person with a low-speed restricted driver's license may be operated only on a highway for which the posted speed limit does not exceed 25 miles per hour.
(3) A low-speed electric vehicle or golf cart operated by a person with a low-speed restricted driver's license may not cross a highway with a posted speed limit of greater than 45 miles per hour.
(4) Except as provided in subsections (1) through (3), the provisions of this chapter apply to a low-speed electric vehicle or golf cart operated by a person with a low-speed restricted driver's license.
History: En. Sec. 1, Ch. 209, L. 2011.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-379. Definitions

61-8-379. Definitions.
As used in 61-8-380 through 61-8-384, the following definitions apply:
(1) "Funeral escort vehicle" means a motor vehicle properly equipped pursuant to 61-8-381.
(2) "Funeral lead vehicle" means a motor vehicle, including a funeral hearse that is properly equipped pursuant to 61-8-381, leading and facilitating the movement of a funeral procession.
(3) "Funeral procession" means two or more motor vehicles, one of which is carrying the remains of a deceased person, in the daylight hours, including a funeral lead vehicle and a funeral escort vehicle.
History: En. Sec. 203, Ch. 542, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-380. Funeral procession right-of-way -- funeral lead vehicle and funeral escort vehicle in funeral procession

61-8-380. Funeral procession right-of-way -- funeral lead vehicle and funeral escort vehicle in funeral procession.
(1) Except as provided in subsection (4), pedestrians and operators of motor vehicles shall yield the right-of-way to a motor vehicle that is part of a funeral procession being led by a funeral lead vehicle or a funeral escort vehicle.
(2) After a funeral lead vehicle enters an intersection, the other vehicles in the funeral procession may continue to follow the funeral lead vehicle through the intersection despite any official traffic control device, right-of-way provisions of this chapter, or local ordinance if the operator exercises reasonable care toward any other vehicle or pedestrian. When the funeral lead vehicle arrives at an intersection, it must comply with the requirements of any official traffic control device, right-of-way provision of this chapter, and local ordinance.
(3) Except as provided in subsection (4), a driver of a funeral escort vehicle may direct the drivers of other vehicles in a funeral procession to proceed through an intersection or to make turns or other movements despite any official traffic control device. The driver of a funeral escort vehicle may direct and control the drivers of vehicles not in a funeral procession, including those in or approaching an intersection, to stop, proceed, or make turns or other movements without regard to an official traffic control device. Persons directing traffic shall comply with the requirements for a flag person as defined in 61-8-102. However, use of a funeral escort vehicle is not required.
(4) A vehicle in a funeral procession has the right-of-way at intersections regardless of official traffic control devices provided the driver of that vehicle and the drivers of all vehicles in the funeral procession meet all the requirements of 61-8-379 through 61-8-384, except that an operator of a vehicle in a funeral procession shall yield the right-of-way to an approaching authorized emergency vehicle giving an audible or visual signal or when directed to do so by a highway patrol officer or police officer. This section does not relieve the driver of a vehicle in a funeral procession from the duty to drive with due regard for the safety of all persons using the highway.
History: En. Sec. 5, Ch. 338, L. 1991; amd. Sec. 204, Ch. 542, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-381. Equipment required for funeral vehicle -- restricted light use

61-8-381. Equipment required for funeral vehicle -- restricted light use.
(1) A funeral escort vehicle or a funeral lead vehicle must be equipped with at least one lighted rotating or oscillating lamp exhibiting an amber light or lens visible under normal atmospheric conditions for a distance of 500 feet from the front of the vehicle.
(2) A funeral escort vehicle or a funeral lead vehicle may illuminate a rotating or oscillating amber light only when the vehicle is in use in a funeral procession.
History: En. Sec. 6, Ch. 338, L. 1991.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-382. Driving in funeral procession

61-8-382. Driving in funeral procession.
(1) A vehicle in a funeral procession shall follow the preceding vehicle in the funeral procession as closely as is practicable and safe.
(2) An ordinance, law, or regulation requiring that motor vehicles be operated to allow sufficient space between them to enable another vehicle to enter and occupy that space without danger does not apply to vehicles in a funeral procession.
(3) The driver of a motor vehicle in a funeral procession may not drive the vehicle at a speed greater than:
(a) 55 miles per hour on a highway where the posted speed limit is 55 miles per hour or more; or
(b) 5 miles per hour below the posted speed limit on other streets or roads.
(4) A vehicle being operated in a funeral procession must have its headlights and taillights illuminated.
(5) The turn signals must be flashing simultaneously as warning lights on a vehicle that:
(a) is the first vehicle in a funeral procession; or
(b) the driver has reason to believe is the last vehicle in a funeral procession.
History: En. Sec. 7, Ch. 338, L. 1991.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-383. Vehicles not in funeral procession

61-8-383. Vehicles not in funeral procession.
The driver of a vehicle that is not part of a funeral procession may not:
(1) drive between the vehicles forming a funeral procession while they are in motion except when:
(a) authorized to do so by a police officer; or
(b) driving an authorized emergency vehicle emitting an audible or visible signal;
(2) join a funeral procession to secure the right-of-way granted by 61-8-380;
(3) pass a funeral procession on a multiple-lane highway on the funeral procession's right side unless the funeral procession is in the farthest left lane;
(4) enter an intersection, even if the driver is facing a green traffic control signal, when a funeral procession being conducted in compliance with 61-8-379 through 61-8-384 is proceeding through a red traffic control signal at that intersection as permitted by 61-8-380 unless the driver can do so without crossing the path of the funeral procession. If the red signal changes to green while the funeral procession is within the intersection, the driver of a vehicle facing a green signal may proceed subject to the right-of-way of a vehicle participating in a funeral procession.
History: En. Sec. 8, Ch. 338, L. 1991; amd. Sec. 205, Ch. 542, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-384. Liability

61-8-384. Liability.
The operator of a vehicle in a funeral procession, including a funeral lead vehicle or a funeral escort vehicle, is not negligent if the person operates the vehicle in accordance with the requirements of 61-8-379 through 61-8-384. When no negligence exists on the part of the operator of a vehicle in a funeral procession, none may be imputed to the funeral director or mortician organizing the procession, to the agent of the funeral director or mortician, or to a member of a local law enforcement agency acting as the agent, with or without compensation, of the funeral director or mortician.
History: En. Sec. 9, Ch. 338, L. 1991; amd. Sec. 206, Ch. 542, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-385. Short title

61-8-385. Short title.
Sections 61-8-385 through 61-8-390 may be cited as the "Yield -- Slow Down -- Move Over Act".
History: En. Sec. 1, Ch. 567, L. 2023.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-386. Definitions

61-8-386. Definitions.
As used in 61-8-387 through 61-8-390, the following definitions apply:
(1) "Emergency lights" means:
(a) for a law enforcement vehicle or an authorized emergency vehicle, visual signals meeting the requirements of 61-9-402; and
(b) for a highway worker vehicle, visible signals of flashing or rotating amber, red, or green lights.
(2) "Highway worker" means an employee of the department of transportation, a local authority, or any other entity authorized to work on a public highway when operating or working within 100 feet of a highway worker vehicle using its emergency lights.
(3) "Highway worker vehicle" means a vehicle authorized to work within a public highway. The term also includes a tow truck, a snow plow, or any other vehicle with additional lighting equipment activated in addition to its original equipment manufacturer lights.
(4) "Siren" means an audible signal meeting the requirements of 61-9-402.
History: En. Sec. 2, Ch. 567, L. 2023.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-387. Yielding to moving emergency vehicle

61-8-387. Yielding to moving emergency vehicle.
(1) When being approached by a law enforcement vehicle or authorized emergency vehicle using its siren or emergency lights, the operator of a moving vehicle, unless otherwise directed by a law enforcement officer, shall:
(a) yield the right-of-way to the law enforcement vehicle or authorized emergency vehicle; and
(b) unless already stationary and out of the way of the law enforcement vehicle or authorized emergency vehicle:
(i) drive cautiously to a position that is parallel to and as close as possible to the right-hand edge or curb of the roadway and is not in an intersection; and
(ii) remain stationary until the law enforcement vehicle or authorized emergency vehicle has passed.
(2) An operator of a vehicle who violates this section is subject to the penalties provided in 61-8-715(3).
History: En. Sec. 3, Ch. 567, L. 2023; amd. Sec. 14, Ch. 567, L. 2023.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-388. Approaching stationary emergency vehicle or stationary highway worker vehicle

61-8-388. Approaching stationary emergency vehicle or stationary highway worker vehicle.
When approaching a stationary law enforcement vehicle or authorized emergency vehicle using its siren or emergency lights or a stationary highway worker vehicle using its emergency lights, the operator of a moving vehicle shall:
(1) cautiously and carefully reduce the vehicle's speed to the temporary posted speed limit. If a temporary speed limit has not been posted, the operator of a moving vehicle shall reduce the vehicle's speed to a speed:
(a) 20 miles an hour below the posted speed limit on the interstate if the operator of a moving vehicle is able to move lanes, or to one-half the posted speed limit if the operator of a moving vehicle is not able to move lanes;
(b) 30 miles an hour below the posted speed limit on a state highway or county road if the operator of a moving vehicle is able to move lanes, or to one-half the posted speed limit if the operator of a moving vehicle is not able to move lanes; and
(c) one-half the posted speed limit on any other road; and
(2) follow flagger instructions or instructions on a temporary sign board. If flaggers or a temporary sign board are not yet posted:
(a) if on a multi-lane highway, move to a lane that is not adjacent to the lane in which the stationary law enforcement vehicle, authorized emergency vehicle, or highway worker vehicle is located; or
(b) move over as far as safely possible under the circumstances.
History: En. Sec. 4, Ch. 567, L. 2023.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-389. Reckless endangerment of emergency personnel -- reckless endangerment of highway workers

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.
History: En. Sec. 5, Ch. 567, L. 2023.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-390. Duty of emergency driver -- duty of highway worker

61-8-390. Duty of emergency driver -- duty of highway worker.
(1) Sections 61-8-387 and 61-8-388 do not relieve the driver of a law enforcement vehicle or authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.
(2) Section 61-8-388 does not relieve a highway worker of the duty to take standard safety precautions or to behave reasonably under the circumstances.
History: En. Sec. 6, Ch. 567, L. 2023.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 8. Traffic Regulation › Part 3. Vehicle Operating Requirements › 61-8-391. Operation of golf carts -- unlawful operation -- exception -- required equipment

61-8-391. Operation of golf carts -- unlawful operation -- exception -- required equipment.
(1) A person may not operate a golf cart on a public street or highway open to the public unless the operation is specifically authorized by ordinance or regulation passed by the local governing body of the county, city, or town for a public street or highway under its jurisdiction.
(2) A person operating a golf cart under this section must have a valid driver's license.
(3) A golf cart may not be operated on a public street or highway when permitted by this section unless it is equipped with:
(a) at least one and not more than two headlamps;
(b) at least one taillamp;
(c) at least one reflector;
(d) stop lamps;
(e) a horn; and
(f) a mirror that reflects to the driver a view of the highway.
(4) Except as provided in 61-3-321, a golf cart is exempt from titling, registration, and mandatory liability insurance requirements under this title.
History: En. Sec. 1, Ch. 247, L. 2011.