Montana’s move-over law, codified at Montana Code 61-8-388, requires every driver approaching a stopped law enforcement vehicle, emergency vehicle, or highway worker vehicle with its lights activated to both slow down by a set amount and change lanes away from it when it is safe to do so.1Montana State Legislature. Montana Code 61-8-388 – Approaching Stationary Emergency Vehicle or Stationary Highway Worker Vehicle A first violation is a misdemeanor carrying a fine of $10 to $100, and the required slowdown is steeper than most drivers expect, especially on two-lane roads.
Which Stopped Vehicles Trigger Your Duty
Three categories of stopped vehicles activate the law under Section 61-8-388:
- Law enforcement vehicles, marked or unmarked, with emergency lights on.
- Authorized emergency vehicles such as ambulances and fire trucks using a siren or emergency lights.
- Highway worker vehicles, including utility trucks and road maintenance equipment, displaying emergency lights while stopped on or near the road.
The visual trigger is flashing or rotating emergency lights in any combination of red, white, blue, amber, or green. Temporary signs warning of an emergency scene or accident ahead also activate your duties.
Highway worker vehicles were added by House Bill 320 in 2023. Before that, utility and road crews were not covered; now they get the same protection as a state trooper on a traffic stop.2Montana Legislature. Montana Code 61-8-346 – Repealed
How Much You Have to Slow Down
If a temporary speed limit is posted near the scene, follow it. If none is posted, Section 61-8-388 sets exact minimum reductions depending on the road and whether you can change lanes:1Montana State Legislature. Montana Code 61-8-388 – Approaching Stationary Emergency Vehicle or Stationary Highway Worker Vehicle
- Interstate highways, able to move over: drop 20 mph below the posted limit.
- Interstate highways, unable to move over: drop to half the posted limit.
- State highways and county roads, able to move over: drop 30 mph below the posted limit.
- State highways and county roads, unable to move over: drop to half the posted limit.
- All other roads: drop to half the posted limit, lane change or not.
In practice, on a Montana interstate posted at 80 mph you drop to 60 if you can shift lanes and 40 if you cannot. On a state highway posted at 70, you drop to 40 with a lane change available and 35 without one. The half-the-limit rule is the strictest requirement and the one that most often catches drivers off guard on rural two-lane highways.
The Lane-Change Duty
Slowing down is only half of what the statute asks. You also have to move your vehicle away from the stopped vehicle whenever you can do so safely, and the two duties apply together. Changing lanes does not excuse you from slowing, and slowing does not excuse you from changing lanes when a lane is open.
The statute sets a priority order:1Montana State Legislature. Montana Code 61-8-388 – Approaching Stationary Emergency Vehicle or Stationary Highway Worker Vehicle
- Follow a flagger or temporary sign board first. Their instructions override the default rules.
- On a multi-lane highway, move into a lane that is not adjacent to the stopped vehicle. If the vehicle is on the right shoulder and you are in the right lane, shift at least one lane left.
- When no lane change is possible, move as far away from the stopped vehicle as you safely can within your own lane. On a two-lane road with oncoming traffic, that is usually your only option.
Fines and What a Violation Really Costs
Move-over violations are prosecuted as misdemeanors under Montana’s general traffic penalty statute, Section 61-8-711. Fines escalate with repeat violations in the same year:3Montana Legislature. Montana Code 61-8-711 – Violation of Chapter – Penalty
- First conviction: $10 to $100.
- Second conviction within one year: $25 to $200.
- Third or later conviction within one year: $50 to $500.
Court costs can be added at the court’s discretion. The dollar amounts are modest, but a move-over violation that leads to a collision is a different matter. If you injure or kill a roadside worker, prosecutors can bring separate charges such as negligent endangerment or vehicular assault, which carry significantly higher penalties, including possible imprisonment. In that scenario the move-over ticket is the smallest part of the case.
What Changed in 2023
Montana’s prior move-over law lived in Section 61-8-346 and covered only law enforcement and authorized emergency vehicles. House Bill 320 repealed that section effective July 1, 2023, and replaced it with the current Section 61-8-388.2Montana Legislature. Montana Code 61-8-346 – Repealed Two things changed. Highway worker vehicles were added to the protected list, and the old instruction to “proceed with caution” was replaced with the specific speed reduction numbers above. The current statute tells you exactly how much to slow down rather than leaving it to judgment.