Montana Code 61-8-704. Erection of signs — definition
61-8-704. Erection of signs — definition. (1) The operator of a motor vehicle may not be arrested under 61-8-703 unless signs have been placed at or near the state line on the primary highway system, outside towns or cities having over 2,500 population, and outside county seats on the primary highways to indicate the legal rate of speed.
Terms Used In Montana Code 61-8-704
- Arrest: Taking physical custody of a person by lawful authority.
- Controlled-access highway: means a highway, street, or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the highway, street, or roadway except at the points and in the manner as determined by the public authority having jurisdiction over the highway, street, or roadway. See Montana Code 61-8-102
- Highway: has the meaning provided in 61-1-101, but includes ways that have been or are later dedicated to public use. See Montana Code 61-8-102
- Local authorities: means every county, municipal, and other local board or body having authority to enact laws relating to traffic under the constitution and laws of this state. See Montana Code 61-8-102
- Motor vehicle: means :
(i)a vehicle propelled by its own power and designed or used to transport persons or property on the highways of the state;
(ii)a quadricycle if it is equipped for use on the highways as prescribed in chapter 9; or
(iii)a golf cart only if it is equipped for use on the highways as prescribed in chapter 9 and is operated pursuant to 61-8-391 or by a person with a low-speed restricted driver's license. See Montana Code 61-1-101
- Operator: means a person who is in actual physical control of a motor vehicle. See Montana Code 61-1-101
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Street: means the entire width between the boundary lines of every publicly maintained way when any part of the publicly maintained way is open to the use of the public for purposes of vehicular travel. See Montana Code 61-1-101
(2)Any municipality that uses radio microwaves or another electrical device for law enforcement purposes shall erect and maintain appropriate signs giving notice of that use at a conspicuous place at or near the corporate limits of the municipality, upon each state highway and arterial street or highway entering the municipality, and at other places considered necessary by the municipal authorities for the information of the traveling public.
(3)Signs giving notice that the speed of vehicles may be measured by radio microwaves or other electrical device must be placed as required for speed signs in subsection (1). However, the absence of signs may not in itself invalidate an otherwise proper arrest.
(4)As used in this section, “arterial street” means any federal or state numbered route, controlled-access highway, or other major radial or circumferential street or highway designated by local authorities within their respective jurisdictions as part of a major arterial system or highway.