Montana Move-Over Law
Montana treats a move-over violation as reckless endangerment of emergency personnel, not a simple ticket (MCA § 61-8-388). For stopped police, emergency, and highway worker vehicles with lights going, slow to the temporary posted limit if one is up. Otherwise drop to 20 mph under the limit on the interstate or 30 mph under on a state highway or county road when you can change lanes, and to half the posted limit when you can't. Get out of the lane next to them if the road has two or more lanes your way. A first offense runs $100 to $500 and up to 90 days in jail. Cause a death or serious injury and it reaches $10,000.
What Montana requires
Montana treats a move-over violation as reckless endangerment of emergency personnel, not a simple ticket (MCA § 61-8-388). For stopped police, emergency, and highway worker vehicles with lights going, slow to the temporary posted limit if one is up. Otherwise drop to 20 mph under the limit on the interstate or 30 mph under on a state highway or county road when you can change lanes, and to half the posted limit when you can't. Get out of the lane next to them if the road has two or more lanes your way. A first offense runs $100 to $500 and up to 90 days in jail. Cause a death or serious injury and it reaches $10,000.
Who you move over for, and the fallback
- Move over for: Stopped police and other authorized emergency vehicles, plus highway worker vehicles (maintenance, construction, and tow trucks) running emergency lights. Not a plain disabled car with hazards.
- If you can't move over: Slow to the temporary posted limit if one is up. If none is posted, drop to 20 mph under the limit on the interstate or 30 mph under on a state highway or county road when you can change lanes, and to half the posted limit when you can't or on any other road. Then follow the flagger or sign board. If none is up yet, move into a lane not next to the stopped vehicle on a multi-lane highway, or otherwise move over as far as you safely can.
- The old citation MCA 61-8-346 was repealed and recodified in the 2023 session. The move-over duty now lives in 61-8-388, and violating it is charged as reckless endangerment of emergency personnel or highway workers (61-8-389), punished under 61-8-715. That makes Montana's penalty much stiffer than the old 'up to $100' figure some guides still list.
What a violation costs
A violation is 'reckless endangerment of emergency personnel' (or highway workers). First conviction: $100 to $500 and up to 90 days in jail (MCA 61-8-389, penalties under 61-8-715). Second: $500 to $1,000 and 5 days to 6 months. Cause death or serious injury and it reaches $10,000 and up to a year.
Montana Move-Over Law FAQ
What is the move-over law in Montana?
What is the fine for a move-over violation in Montana?
Do you have to move over for a tow truck in Montana?
Reference information for planning, not legal advice. Traffic laws change and this can be out of date, so always confirm the current statute and obey posted signs before you rely on it. Last reviewed July 2026. Source: https://mca.legmt.gov/bills/mca/title_0610/chapter_0080/part_0030/section_0880/0610-0080-0030-0880.html. See our Terms & Disclaimer.
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