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Emergency Vehicles and the Move Over Rule

MCA 61-8-388 — 20 under on the interstate, 30 under on other highways, or half the limit when a lane change is impossible

When a police or emergency vehicle approaches using its siren or emergency lights, a driver yields, pulls to a position parallel to the right edge or curb clear of any intersection, and stays stopped until it passes.

  • MCA 61-8-387
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Who handles this in Montana: State Bar of Montana, Licensed Lawyer Montana; and legal aid programs and the state offices, listed in the Montana directory.

Passing a stopped emergency or highway worker vehicleSlow to
Passing a stopped emergency or highway worker vehicleInterstate, able to move lanesSlow to20 miles an hour below the posted limit
Passing a stopped emergency or highway worker vehicleState highway or county road, able to move lanesSlow to30 miles an hour below the posted limit
Passing a stopped emergency or highway worker vehicleNot able to move lanes, or any other roadSlow toOne-half the posted limit
  • MCA 61-8-388

On a multi-lane highway the driver also moves to a lane not next to the stopped vehicle, or moves over as far as is safe.

  • MCA 61-8-388

Failure to yield to an emergency vehicle carries a fine of $500 to $1,000, 50 to 100 hours of community service, or both, the first time.

  • MCA 61-8-715
Sources for this section (3)
  1. MCA 61-8-387 — Yielding to moving emergency vehicle
  2. MCA 61-8-388 — Approaching stationary emergency vehicle or stationary highway worker vehicle
  3. MCA 61-8-715 — Reckless driving -- reckless endangerment of emergency personnel or highway workers -- failure to yield to an emergency vehicle -- penalty

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.

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