Montana § 61-8-725 Penalty For Violation Of Speed Limits -- No Record For Certain Violations

Montana Statutes

§ 61-8-725 — Penalty For Violation Of Speed Limits -- No Record For Certain Violations

Montana § 61-8-725

Title 61MOTOR VEHICLES

Ch. 8TRAFFIC REGULATION

Part 7Enforcement -- Penalties

This text of Montana § 61-8-725 (Penalty For Violation Of Speed Limits -- No Record For Certain Violations) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 61-8-725 (2026).

Text

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):

(b)for a violation of 61-8-303 (1)(b) or (1)(c), 61-8-309 , or 61-8-312 :

(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 durin

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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):
(b) for a violation of 61-8-303 (1)(b) or (1)(c), 61-8-309 , or 61-8-312 :
(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 .

Legislative 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; amd. Sec. 2, Ch. 255, L. 2025.