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), 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.
     (b) If a driver is guilty of exceeding 90 miles an hour in violation of 61-8-303(1)(a), the violation may be recorded or charged against a driver's record and an insurance company may hold the violation against an insured driver's premium.
     (3) The surcharge provided for in 3-1-317 may not be imposed for a violation of 61-8-303.
     (4) The recordkeeping restrictions provided in subsection (2) with respect to a person's driving record do not apply to a speed limit violation or conviction that was committed by:
     (a) a Montana resident in another state whose violation or conviction was reported to the department by a court or the licensing authority in the state in which the violation occurred; or
     (b) a person who holds a commercial driver's license regardless of whether or not the violation occurred while the person was operating a commercial motor vehicle.
     (5) This section does not apply to the violation of a special speed zone established under 61-8-309 or 61-8-310.

     History: En. Sec. 3, Ch. 43, L. 1999; amd. Sec. 1, Ch. 4, Sp. L. June 1999; amd. Sec. 26, Ch. 428, L. 2005; amd. Sec. 8, Ch. 393, L. 2013; amd. Sec. 4, Ch. 395, L. 2015.