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.
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 vehicle | Slow to |
|---|---|
| Passing a stopped emergency or highway worker vehicleInterstate, able to move lanes | Slow to20 miles an hour below the posted limit |
| Passing a stopped emergency or highway worker vehicleState highway or county road, able to move lanes | Slow to30 miles an hour below the posted limit |
| Passing a stopped emergency or highway worker vehicleNot able to move lanes, or any other road | Slow toOne-half the posted limit |
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.
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.
Sources for this section (3)
- MCA 61-8-387 — Yielding to moving emergency vehicle
- MCA 61-8-388 — Approaching stationary emergency vehicle or stationary highway worker vehicle
- 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.