Hello.
Before 1974, Montana's daytime highway speed limit was a "reasonable
and prudent speed" (i.e., there was no specific numerical limit).
sources:
"In 1996, the State of Montana reverted to the state speed limit
policies that existed prior to 1974 and the National Maximum Speed
Limit. The National Maximum Speed Limit was repealed in December of
1995. Montana returned to the use of Reasonable and Prudent speed
limits on its federal and state highways."
source: Motorists.com:
http://www.motorists.com/pressreleases/montana.html
'Montana reinstated the pre-1974 daytime limits of "reasonable and
prudent" and 65 mph at night.'
source: Chronicle ADTSEA
http://www.adtsea.iup.edu/adtsea/TheChronicle/summer_96/can_state_lawmakers.htm
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So what would speed would be considered "unreasonable" on the highway
on a sunny day in 1967 Montana?
Well, the answer to that would have depended a lot on the opinion of a
highway patrolman (and, possibly, a judge).
Based on my research, it seems that speeds in the 90-100 mph range
were (and are) generally are considered the upper-limit of
"reasonable." Anything above that is very likely to be considered
"unreasonable."
From the book "Administrative Law" by Steven J. Cann:
'By the early 1960s, U.S. autos were getting bigger faster and more
powerful than ever before. Many states had very lax speed limits.
Montana and Wyoming, for example, had no specific speed limits,
saying, instead, that the speed was to be "reasonable and prudent" for
the weather conditions; on a clear day, ninety miles per hour could be
reasonable and prudent.'
source: Page 3
Administrative Law
by Steven J. Cann, read using the "search inside" feature on
Amazon.com:
http://www.amazon.com/exec/obidos/tg/detail/-/0761921648/
From the CarTalk Mailbag:
'Most judges and juries won't convict on "reasonable and prudent" in
dry weather unless it's over roughly 100mph.'
source:
"Montana--Threat or Menace?" hosted by CarTalk:
http://cartalk.cars.com/Mail/Letters/05-23-97/4.html
From a newsgroup discussion "Montana -- No Speed Limits?":
"I had long discussions with the Patrolman and the Judge. Both find it
unreasonable and improper to travel at 100mph under any circumstances.
The patrolman in this case said that he would pull over anyone going
85 or more and might let a capable driver/vehicle slide in the 80's -
but 90+ is considered unreasonable."
source: Google Groups:
http://groups.google.com/groups?hl=en&lr=&ie=UTF-8&selm=6sknp5%248j%40enews3.newsguy.com
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search strategy:
montana "speed limit"
montana "speed limit", 1974
montana "speed limit", reasonable, prudent
I hope this helps. |