Work Zones and Stopped Crews
MCA 61-8-389 — passing a stopped emergency or highway crew without slowing, or driving dangerously in a work zone, is reckless endangerment
Passing a stopped emergency vehicle using its lights or siren without slowing and moving over as required is reckless endangerment of emergency personnel. Doing the same past a stopped highway worker vehicle with its lights on is reckless endangerment of highway workers.
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.
It is also reckless endangerment of highway workers to drive in a work zone in a way that endangers people or property, or to purposely remove, ignore or strike a traffic control device there.
The exceptions. Going around a device is allowed only to avoid an obstacle, in an emergency, or to protect someone's health and safety.
Sources for this section (2)
- MCA 61-8-389 — Reckless endangerment of emergency personnel -- reckless endangerment of highway workers
- MCA 61-8-388 — Approaching stationary emergency vehicle or stationary highway worker vehicle
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.