Montana driving laws

The rules your permit test asks about, in plain English. Each one is quoted from Montana’s statutes or an official MVD page. Handbooks are often years out of date, so where the law has changed we follow the law.

Checked October 2, 2026.

The short version

Phones and texting
Montana has no statewide law against texting or using a handheld phone while driving, for adults or for teen drivers.
Seat belts and child seats
Every occupant must wear a seat belt or ride in the required child seat, and the driver is responsible.
Move Over law
When you approach a stopped police car, emergency vehicle or highway worker vehicle with its lights on, slow down and, on a multi-lane road, move out of the lane next to it.
School buses
When a school bus is stopped with its red lights flashing, traffic from both directions must stop about 30 feet away and wait until the red lights go off.

Phones and texting

Montana has no statewide law against texting or using a handheld phone while driving, for adults or for teen drivers. Many Montana cities ban texting and phone calls while driving under their own ordinances, so check local rules.

Official wording (2 sources)
  • “Most Montana cities have passed laws against texting and talking on cell phones while driving.”
    mvdmt.gov
  • “the department shall include in its publications intended for novice drivers information concerning the dangers of physical and cognitive distractions while driving”
    mca.legmt.gov

Alcohol and drugs (DUI)

It is illegal to drive with a blood alcohol concentration of 0.08 or more (0.04 in a commercial vehicle, 0.02 if you are under 21), or while impaired by alcohol or drugs at any level. Refusing a test suspends your license for 6 months on a first refusal.

Official wording (7 sources)
  • “a noncommercial vehicle upon the ways of this state open to the public while the person's alcohol concentration, as shown by analysis of the person's blood, breath, oral fluid, or other bodily substance, is 0.08 or more”
    mca.legmt.gov
  • “a commercial motor vehicle within this state while the person's alcohol concentration, as shown by analysis of the person's blood, breath, oral fluid, or other bodily substance, is 0.04 or more”
    mca.legmt.gov
  • “a vehicle within this state when the person is under 21 years of age at the time of the offense while the person's alcohol concentration, as shown by analysis of the person's blood, breath, oral fluid, or other bodily substance, is 0.02 or more”
    mca.legmt.gov
  • “for a first violation, by imprisonment for not less than 24 consecutive hours or more than 6 months and by a fine of not less than $600 or more than $1,000”
    mca.legmt.gov
  • “for a first offense of violating 61-8-1002 , the department shall suspend the driver's license or driving privilege of the person for a period of 6 months”
    mca.legmt.gov
  • “for a first violation, suspend the driver's license or driving privilege for 6 months with no provision for a restricted probationary license”
    mca.legmt.gov
  • “for a second or subsequent violation within 5 years of a previous refusal, as determined from the records of the department, suspend the driver's license or driving privilege for 1 year”
    mca.legmt.gov

Seat belts and child seats

Every occupant must wear a seat belt or ride in the required child seat, and the driver is responsible. Police cannot stop you only for a seat belt violation (secondary enforcement), except when a child under 6 and under 60 pounds is not properly restrained. The fine is $20.

Official wording (6 sources)
  • “A driver may not operate a motor vehicle upon a highway of the state of Montana unless each occupant of a designated seating position is wearing a properly adjusted and fastened seatbelt”
    mca.legmt.gov
  • “The department or its agent may not require a driver who may be in violation of this section to stop except”
    mca.legmt.gov
  • “A driver who violates 61-13-103 shall be fined $20, but the violation is not a misdemeanor”
    mca.legmt.gov
  • “A motor vehicle passenger who is under 2 years of age must be properly restrained in a rear-facing child safety restraint system that complies with federal motor vehicle safety standards.”
    mca.legmt.gov
  • “A motor vehicle passenger who is between 4 years of age and up to 8 years of age must be properly restrained in a forward-facing child safety restraint system with an internal harness or a child booster seat”
    mca.legmt.gov
  • “A motor vehicle passenger who is at least 9 years of age or has outgrown the height or weight limits of a child booster seat as set by the manufacturer, whichever comes first, must be secured with a motor vehicle adult safety belt.”
    mca.legmt.gov

Move Over law

When you approach a stopped police car, emergency vehicle or highway worker vehicle with its lights on, slow down and, on a multi-lane road, move out of the lane next to it. If you cannot change lanes, slow to half the posted speed limit.

Official wording (3 sources)
  • “20 miles an hour below the posted speed limit on the interstate if the operator of a moving vehicle is able to move lanes, or to one-half the posted speed limit if the operator of a moving vehicle is not able to move lanes”
    mca.legmt.gov
  • “30 miles an hour below the posted speed limit on a state highway or county road if the operator of a moving vehicle is able to move lanes, or to one-half the posted speed limit if the operator of a moving vehicle is not able to move lanes”
    mca.legmt.gov
  • “if on a multi-lane highway, move to a lane that is not adjacent to the lane in which the stationary law enforcement vehicle, authorized emergency vehicle, or highway worker vehicle is located”
    mca.legmt.gov

School buses

When a school bus is stopped with its red lights flashing, traffic from both directions must stop about 30 feet away and wait until the red lights go off. You need not stop if the bus is on a different roadway of a divided highway.

Official wording (3 sources)
  • “a driver of a motor vehicle that is approaching the school bus from either direction: (i) shall stop the motor vehicle not less than approximately 30 feet from the school bus”
    mca.legmt.gov
  • “The driver of a motor vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus that is on a different roadway”
    mca.legmt.gov
  • “for a first offense, a fine of not less than $500 or more than $1,000, a sentence of community service of not less than 50 hours or more than 100 hours, or both”
    mca.legmt.gov

Speed limits

Where no other limit is posted, Montana's limits are 80 mph on rural interstates (65 in urbanized areas), 70 mph by day and 65 by night on other highways, and 25 mph in urban districts. On a two-lane road you may go 10 mph over the limit to pass in a passing zone.

Official wording (5 sources)
  • “on an interstate highway outside an urbanized area of 50,000 population or more is 80 miles an hour at all times”
    mca.legmt.gov
  • “on any other public highway of this state is 70 miles an hour during the daytime and 65 miles an hour during the nighttime; (d) in an urban district is 25 miles an hour.”
    mca.legmt.gov
  • “may exceed the speed limits imposed in subsection (1) by 10 miles an hour in order to overtake and pass a vehicle and return safely to the right-hand lane”
    mca.legmt.gov
  • “if a highway worker was present in the work zone at the time of the traffic violation and within 1,000 feet of the traffic violation, the person shall be punished by a fine of not less than double the penalty”
    mca.legmt.gov
  • “decreases the limit in a school zone or in an area near a senior citizen center, as defined in 23-5-112 , or a designated crosswalk that is close to a school or a senior citizen center to not less than 15 miles an hour”
    mca.legmt.gov

After a crash

Immediately notify police (in a city), or the county sheriff or Highway Patrol, of any crash that injures or kills someone or causes apparent property damage of $1,000 or more. If no officer investigates, send a written report to the state within 10 days.

Official wording (2 sources)
  • “property damage to an apparent extent of $1,000 or more shall immediately by the quickest means of communication give notice of the accident to the local police department if the accident occurs within a municipality”
    mca.legmt.gov
  • “damage to the property of a person in excess of $1,000 is sustained shall, within 10 days after the accident, report the matter in writing to the department unless the accident was investigated and reported by a law enforcement officer”
    mca.legmt.gov

Insurance

Montana requires liability insurance of at least $25,000 for injury or death of one person, $50,000 for two or more people, and $20,000 for property damage in one crash (25/50/20).

Official wording (3 sources)
  • “$25,000 because of bodily injury to or death of one person in any one accident and subject to the limit for one person”
    mca.legmt.gov
  • “$50,000 because of bodily injury to or death of two or more persons in any one accident; and (iii) $20,000 because of injury to or destruction of property of others in any one accident”
    mca.legmt.gov
  • “Conviction of a first offense under 61-6-301 or 61-6-302 is punishable by a fine of not less than $250 or more than $500.”
    mca.legmt.gov

Motorcycle helmets

Riders and passengers under 18 must wear a helmet on a motorcycle, moped, motorized scooter or quadricycle. Adults 18 and older are not required to wear one, though it is strongly recommended.

Official wording (1 source)
  • “an operator and passenger under 18 years of age of a motorcycle, moped, motorized scooter, or quadricycle operated on the streets or highways of this state shall wear protective headgear on the head”
    mca.legmt.gov

Motorcycle permit rules

A motorcycle learner license is valid for one year. You may ride only without passengers and under the visual supervision of a motorcycle-endorsed licensed driver riding a separate motorcycle or vehicle.

Official wording (4 sources)
  • “A person holding a learner license for a motorcycle may drive a motorcycle upon a public highway if the person is not carrying a passenger, has immediate possession of the license, and is under the immediate and proximate visual supervision of one of the following persons”
    mca.legmt.gov
  • “The department may issue a learner license, which is valid for 1 year from the date of issuance”
    mca.legmt.gov
  • “For the first 6 months of the 1-year restriction period, a restricted licensee may not operate a motorcycle with a passenger who is under 18 years of age.”
    mca.legmt.gov
  • “Successful completion of the MT Motorcycle Basic Rider Course earns you a skills test waiver from the Motor Vehicle Division, provided the motorcycle endorsement on your driver license is obtained within one year of course completion.”
    mvdmt.gov

Lane splitting

Lane filtering is legal in Montana: on a two-wheeled motorcycle you may pass vehicles that are stopped or moving 10 mph or slower in your lane, at no more than 20 mph, when the lane is wide enough and conditions allow. Splitting lanes at higher speeds is not authorized.

Official wording (2 sources)
  • “"Lane filtering" means the act of overtaking and passing another vehicle that is stopped or traveling at a speed not in excess of 10 miles an hour in the same direction of travel and in the same lane.”
    mca.legmt.gov
  • “the overtaking motorcycle is not operated at a speed in excess of 20 miles an hour when overtaking the stopped or slow-moving vehicle”
    mca.legmt.gov

This page summarizes the law for study purposes and is not legal advice. Laws change; confirm with Montana Department of Justice, Motor Vehicle Division.

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