Montana Code Annotated 2019

TITLE 61. MOTOR VEHICLES

CHAPTER 8. TRAFFIC REGULATION

Part 3. Vehicle Operating Requirements

Reckless Driving -- Reckless Endangerment Of Highway Worker

61-8-301. Reckless driving -- reckless endangerment of highway worker. (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(6).

(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.

(4) (a) A person commits the offense of reckless endangerment of a highway worker if the person purposely, knowingly, or negligently drives a motor vehicle in a highway work zone 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:

(i) avoidance of an obstacle;

(ii) an emergency; or

(iii) to protect the health and safety of an occupant of the vehicle or of another person.

(b) As used in this section:

(i) "highway worker" means an employee of the department of transportation, a local authority, a utility company, or a private contractor; and

(ii) "work zone" has the meaning provided in 61-8-314.

History: En. Sec. 40, Ch. 263, L. 1955; amd. Sec. 4, Ch. 201, L. 1957; amd. Sec. 1, Ch. 287, L. 1977; R.C.M. 1947, 32-2143(1), (4); amd. Sec. 1, Ch. 209, L. 1979; amd. Sec. 1, Ch. 221, L. 1985; amd. Sec. 1, Ch. 561, L. 2001; amd. Sec. 1, Ch. 46, L. 2003; amd. Sec. 1, Ch. 352, L. 2003; amd. Sec. 3, Ch. 379, L. 2003; amd. Sec. 1, Ch. 426, L. 2017.