Montana Code Annotated 2023

TITLE 61. MOTOR VEHICLES

CHAPTER 8. TRAFFIC REGULATION

Part 3. Vehicle Operating Requirements

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.