Montana looks for a quick solution on speed limits

HELENA, Mont. (Jan. 4) — Montana’s attorney general will ask the state legislature to impose fixed numerical speed limits after the state Supreme Court ruled that a “reasonable and prudent” daytime speed limit was unconstitutionally vague.

In a 4-3 decision last month, the court said Montana’s subjective daytime speed limit for cars did not give drivers fair notice of what specific speed is fast enough to be a violation. The “reasonable and prudent” phrase was meaningless because it meant different things to different people.

Montana is the only state without a numeric daytime speed limit for cars and light trucks. Montana’s current nighttime speed limits are 65 mph on interstates and 55 mph on two-lane highways. Heavy trucks are limited to 65 mph during daylight hours. These limits are not affected by the court’s ruling.

“I think we need to get a speed limit imposed in this state as soon as reasonably possible,” said Attorney General Joe Mazurek.

Mazurek will seek 75-mile-an-hour speed limits on interstates and limits on two-lane roadways of 70 mph during the day and 65 mph at night.

Montana’s previous speed limit law, referred to as the “basic law,” has been on the books for more than 40 years. The law required that motorists drive no faster than is reasonable and proper for conditions, such as traffic, weather, and road surface.

It was superseded in the 1970s by the federal 55-mph limit, but took effect again after Congress repealed the federal limit in 1995.

Police officers could rely on other laws, covering reckless and careless driving, to control the fastest speeders. However, conviction under those laws requires evidence of a disregard for the safety of people or property.