Mont. Code Ann. § 61-8-502
Pedestrians' right-of-way in crosswalk -- school children -- pedestrian-actuated devices
En. Sec. 74, Ch. 263, L. 1955; amd. Sec. 1, Ch. 54, L. 1965; R.C.M. 1947, 32-2177; amd. Sec. 1, Ch. 484, L. 1993; amd. Sec. 3, Ch. 374, L. 2003; amd. Sec. 2, Ch. 580, L. 2025.
(1)
- (a) Except as provided in subsection (1)(b), when traffic control signals are not in place or not in operation, the operator of a vehicle shall yield the right-of-way, slowing down or stopping if necessary, to a pedestrian crossing the roadway within a marked crosswalk or within an unmarked crosswalk at an intersection, but a pedestrian may not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close that it is impossible for the operator to yield. This provision does not apply under the conditions provided in 61-8-503(2).
- (b) When a vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at an intersection, the operator of a vehicle may make a right-hand turn if the pedestrian is in the opposite half of the roadway and is not in danger.
- (2) When a vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the operator of any other vehicle approaching from the rear may not overtake and pass the stopped vehicle.
- (3) A person may not operate a vehicle through a column of school children crossing a roadway or past a school crossing guard while the crossing guard is directing the movement of children across a roadway and while the crossing guard is holding an official sign in the stop position.
(4)
- (a) When the operator of a vehicle is approaching a flashing pedestrian-actuated device at a crosswalk and a pedestrian is present, the operator shall yield the right-of-way, slowing down or stopping if necessary, and remain stopped until the pedestrian has crossed the roadway. The operator may proceed with caution after the pedestrian has completed crossing the roadway.
- (b) If the vehicle reaches the intersection before the pedestrian-actuated device is engaged, or if the vehicle cannot safely stop before entering the intersection when the pedestrian-actuated device is engaged, then the vehicle may continue through the intersection at a safe speed.
- (5) A person convicted of violating this section is guilty of the offense of endangerment of pedestrians and is subject to the penalties prescribed in 61-8-742.
(6) For the purposes of this section, the following definitions apply:
(a) "Pedestrian-actuated device" means a traffic-control device that, when activated by a pedestrian, begins a timed flashing light sequence to indicate the pedestrian's presence in the crosswalk. The term includes but is not limited to:
- (i) rectangular, rapid-flashing beacons;
- (ii) warning beacons; and
- (iii) in-roadway warning lights.
- (b) "Vehicle" has the same meaning as provided in 61-1-101.
History: En. Sec. 74, Ch. 263, L. 1955; amd. Sec. 1, Ch. 54, L. 1965; R.C.M. 1947, 32-2177; amd. Sec. 1, Ch. 484, L. 1993; amd. Sec. 3, Ch. 374, L. 2003; amd. Sec. 2, Ch. 580, L. 2025.