Montana SB 342: Revise bicycle law

Bill Text

Amendment - 1st Reading-white - Requested by: Greg Hertz - (S) Highways and 
Transportation 
 - 2023   
68th Legislature 2023  Drafter: Joe Carroll, 406-444-3804 SB0342.001.001 
 
 - 1 -  Authorized Print Version – SB 342  
 
 
SENATE BILL NO. 342 1 
INTRODUCED BY G. HERTZ, D. LOGE, T. MANZELLA, B. BROWN, B. USHER, C. FRIEDEL, D. ZOLNIKOV, 2 
D. EMRICH, J. TREBAS 3 
 4 
A BILL FOR AN ACT ENTITLED: “AN ACT REVISING BICYCLE LAW; REVISING THE DEFINITION OF 5 
"BICYCLE"; PROVIDING THAT AN ELECTRICALLY ASSISTED BICYCLE WITH A 1,000 750 WATT OR LESS 6 
MOTOR CAN BE USED ANYWHERE A BICYCLE CAN BE USED; AND AMENDING SECTION 61-8-102, 7 
MCA.” 8 
 9 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: 10 
 11 
Section 1. Section 61-8-102, MCA, is amended to read: 12 
"61-8-102.   Uniformity of interpretation -- definitions. (1) Interpretation of this chapter in this state 13 
must be as consistent as possible with the interpretation of similar laws in other states. 14 
(2)    As used in this chapter, unless the context requires otherwise, the following definitions apply: 15 
(a)    "Authorized emergency vehicle" means a vehicle of a governmental fire agency organized 16 
under Title 7, chapter 33, an ambulance, or an emergency vehicle designated or authorized by the department. 17 
(b)    "Bicycle" means a vehicle propelled solely by human power on which any person may ride, 18 
irrespective of the number of wheels, except scooters, wheelchairs, and similar devices. The term includes an 19 
electrically assisted bicycle with a 1,000 750 watt or less motor that may be used anywhere a bicycle may be 20 
used. 21 
(c)    "Bicycle trailer" means a device with one or more wheels that is designed to be towed by a 22 
bicycle. 23 
(d)    "Business district" means the territory contiguous to and including a highway when within any 24 
600 feet along a highway there are buildings in use for business or industrial purposes, including but not limited 25 
to hotels, banks, office buildings, railroad stations, and public buildings that occupy at least 300 feet of frontage 26 
on one side or 300 feet collectively on both sides of the highway. 27 

Amendment - 1st Reading-white - Requested by: Greg Hertz - (S) Highways and 
Transportation 
 - 2023   
68th Legislature 2023  Drafter: Joe Carroll, 406-444-3804 SB0342.001.001 
 
 - 2 -  Authorized Print Version – SB 342  
 
 
(e)    "Controlled-access highway" means a highway, street, or roadway in respect to which owners 1 
or occupants of abutting lands and other persons have no legal right of access to or from the highway, street, or 2 
roadway except at the points and in the manner as determined by the public authority having jurisdiction over 3 
the highway, street, or roadway. 4 
(f)    "Crosswalk" means: 5 
(i)    that part of a roadway at an intersection included within the connections of the lateral lines of 6 
the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the 7 
edges of the traversable roadway; or 8 
(ii)    any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrians 9 
crossing by lines or other markings on the surface. 10 
(g)    "Electrically assisted bicycle" means a vehicle on which a person may ride that has two tandem 11 
wheels and an electric motor capable of propelling the vehicle and a rider who weighs 170 pounds no faster 12 
than 20 miles an hour on a paved, level surface. 13 
(h)    "Flag person" means a person who directs, controls, or alters the normal flow of vehicular traffic 14 
on a street or highway as a result of a vehicular traffic hazard then present on that street or highway. This 15 
person, except a uniformed traffic enforcement officer exercising the officer's duty as a result of a planned 16 
vehicular traffic hazard, must be equipped as required by the rules of the department of transportation. 17 
(i)    "Highway" has the meaning provided in 61-1-101, but includes ways that have been or are later 18 
dedicated to public use. 19 
(j)    "Ignition interlock device" means ignition equipment that: 20 
(i)    analyzes the breath to determine blood alcohol concentration; 21 
(ii)    is approved by the department pursuant to 61-8-1025; and 22 
(iii)    is designed to prevent a motor vehicle from being operated by a person who has consumed a 23 
specific amount of an alcoholic beverage. 24 
(k)    (i) "Intersection" means the area embraced within the prolongation or connection of the lateral 25 
curb lines or if there are no curb lines then the lateral boundary lines of the roadways of two highways that join 26 
one another at or approximately at right angles or the area within which vehicles traveling on different highways 27 

Amendment - 1st Reading-white - Requested by: Greg Hertz - (S) Highways and 
Transportation 
 - 2023   
68th Legislature 2023  Drafter: Joe Carroll, 406-444-3804 SB0342.001.001 
 
 - 3 -  Authorized Print Version – SB 342  
 
 
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