61-8-725 Penalty for violation of speed limits -- no record for certain violations

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): Amount of Fine MPH in Excess of Speed Limit $40 1 - 10 (daytime) 40 1 - 10 (nighttime) 70 11 - 20 120 21 - 30 200 31+ (b) for a violation of 61-8-303 (1)(b) or (1)(c), 61-8-309 , or 61-8-312 : Amount of Fine MPH in Excess of Speed Limit $20 1 - 10 (daytime) 20 1 - 10 (nighttime) 70 11 - 20 120 21 - 30 200 31+ (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 .