2005 Montana Code Annotated - 61-8-301 — 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 construction 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 construction 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) "construction zone" has the same meaning as is provided in 61-8-314; and
     (ii) "highway worker" means an employee of the department of transportation, a local authority, a utility company, or a private contractor.

     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.

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