61-8-107. Police vehicles and authorized emergency vehicles. (1) The driver of a police vehicle or authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions in this section.

Terms Used In Montana Code 61-8-107

  • Authorized emergency vehicle: means a vehicle of a governmental fire agency organized under Title 7, chapter 33, an ambulance, or an emergency vehicle designated or authorized by the department. See Montana Code 61-8-102
  • Driver: means a person who drives or is in actual physical control of a vehicle. See Montana Code 61-1-101
  • Police vehicle: means a vehicle used in the service of any law enforcement agency. See Montana Code 61-8-102
  • Property: means real and personal property. See Montana Code 1-1-205
  • Vehicle: means a device in, on, or by which any person or property may be transported or drawn on a public highway, except devices moved by animal power or used exclusively on stationary rails or tracks. See Montana Code 61-1-101

(2)The driver of a police vehicle or authorized emergency vehicle may:

(a)park or stand, irrespective of the provisions of this chapter;

(b)proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;

(c)exceed the speed limits as long as the driver does not endanger life or property;

(d)disregard regulations governing direction of movement or turning in specified directions.

(3)The exemptions granted to a police vehicle or authorized emergency vehicle apply only when the vehicle is making use of an audible or visual signal, or both, meeting the requirements of 61-9-402.

(4)The provisions of this section do not relieve the driver of a police vehicle or authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, and the provisions do not protect the driver from the consequences of the driver’s reckless disregard for the safety of others.