§ 61-8-502 — Pedestrians' Right-Of-Way In Crosswalk -- School Children -- Pedestrian-Actuated Devices

Montana § 61-8-502

• Jurisdiction: Montana
• Title 61: MOTOR VEHICLES
• Ch. 8: TRAFFIC REGULATION
• Part 5: Pedestrian Traffic

Text

61-8-502 . Pedestrians' right-of-way in crosswalk -- school children -- pedestrian-actuated devices. (1) (a) Except as provided in subsection (1)(b), when traffic control signals are not in place or not in operation, the operator of a vehicle shall yield the right-of-way, slowing down or stopping if necessary, to a pedestrian crossing the roadway within a marked crosswalk or within an unmarked crosswalk at an intersection, but a pedestrian may not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close that it is impossible for the operator to yield. This provision does not apply under the conditions provided in 61-8-503 (2).
(b) When a vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at an intersection, the operator of a vehicle may make a right-hand turn if the pedestrian is in the opposite half of the roadway and is not in danger.
(2) When a vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the operator of any other vehicle approaching from the rear may not overtake and pass the stopped vehicle.
(3) A person may not operate a vehicle through a column of school children crossing a roadway or past a school crossing guard while the crossing guard is directing the movement of children across a roadway and while the crossing guard is holding an official sign in the stop position.
(4) (a) When the operator of a vehicle is approaching a flashing pedestrian-actuated device at a crosswalk and a pedestrian is present, the operator shall yield the right-of-way, slowing down or stopping if necessary, and remain stopped until the pedestrian has crossed the roadway. The operator may proceed with caution after the pedestrian has completed crossing the roadway.
(b) If the vehicle reaches the intersection before the pedestrian-actuated device is engaged, or if the vehicle cannot safely stop before entering the intersection when the pedestrian-actuated device is engaged, then the vehicle may continue through the intersection at a safe speed.
(5) A person convicted of violating this section is guilty of the offense of endangerment of pedestrians and is subject to the penalties prescribed in 61-8-742 .
(6) For the purposes of this section, the following definitions apply:
(a) "Pedestrian-actuated device" means a traffic-control device that, when activated by a pedestrian, begins a timed flashing light sequence to indicate the pedestrian's presence in the crosswalk. The term includes but is not limited to:
(i) rectangular, rapid-flashing beacons;
(ii) warning beacons; and
(iii) in-roadway warning lights.
(b) "Vehicle" has the same meaning as provided in 61-1-101 .

Legislative History

En. Sec. 74, Ch. 263, L. 1955; amd. Sec. 1, Ch. 54, L. 1965; R.C.M. 1947, 32-2177; amd. Sec. 1, Ch. 484, L. 1993; amd. Sec. 3, Ch. 374, L. 2003; amd. Sec. 2, Ch. 580, L. 2025.