JURISDICTION: ALABAMA

This chapter summarizes Alabama State statutes related to speed.

General Reference: Code of Alabama

Basis for a Speed Law Violation:

Basic Speed Rule: No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards than existing. §32-5A-170

Statutory Speed Limit: I. 30 MPH in any urban district §32-5A-171(1)

II. 35 MPH on any unpaved road §32-5A-171(2)(a)

III. 45 MPH on any county-maintained paved road in an unincorporated area §32-5A-171(2)(b)

IV. 55 MPH⁽¹⁾ on highways (except interstate highways or highways with 4 or more lanes) §32-5A-171(3)

V. 70 MPH¹ on interstate highways §32-5A-171(4)

VI 65 MPH¹ on a highway with 4 or more lanes §32-5A-171(4)

VII. 55 MPH¹ for vehicles carrying explosives, flammable liquids or hazardous wastes except as authorized by the governor §32-5A-171(5)

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State Director of Public Safety and the State Highway Director may increase or decrease the above maximum speed limits on the State highway system.⁽²⁾ §§32-5A-171(7) & 32-5A-172

II. Based on engineering and traffic investigations and subject to approval by the State highway department, local governments may increase or decrease the speed limits on the highways under their jurisdiction. §32-5A-173

II. State or local authorities may set special maximum safe speed limits for either bridges or elevated structures.⁽³⁾ §32-5A-176

Minimum Speed Limit: No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. §32-5A-174(a)

Posted (Minimum) Speed Limit: A posted minimum speed on a road or highway may be established. Such action must be based on engineering and traffic studies. §32-5A-174(b)

Basis for a Speed Law Violation:

(continued)

Other:

Adjudication of Speed Violations:

Civil/Criminal Adjudication of Violation: All Speed Violations are Misdemeanors §32-5A-8(a)

Other:

Sanctions Following an Adjudication of a Speed Law Violation:

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): 1st offense-Not more than 10 days 2nd offense (within 1 year)-Not more than 30 days Subsequent offense (within 1 year)-Not more than 3 months §32-5A-8(b)

Mandatory Minimum Term: None

Fine:

Amount ($ Range): 1st offense-Not more than $100 2nd offense (within 1 year)-Not more than $200 Subsequent offense (within 1 year)-Not more than $500 §32-5A-8(b)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School:

Other:

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System⁽⁴⁾ which is based on the frequency and seriousness of the traffic offenses. §32-5A-195(k)(2)

Term of License Withdrawal

(Days, Months, Years, etc.): Not more than 1 year §32-5A-195(m)

Mandatory Minimum Term of

Withdrawal: None

Miscellaneous Sanctions

Not Included Elsewhere: Court Authorized Licensing Action. In addition to any other sanction for a criminal violation of the traffic laws, the court may issue an order "forbidding" an offender from operating a motor vehicle for either a specified period of time or perpetually. An appellate court may modify this order. §32-5-316

Other Criminal Actions Related to Speeding:

Racing on Highway: Misdemeanor §§32-5A-8(a) & 32-5A-178(a)

Sanctions:

Criminal Sanction:

Imprisonment (Term): 1st offense-5 to 90 days Subsequent offense-10 days to 6 months §32-5A-178(d)

Mandatory Minimum Term: None

Fine ($ Range): 1st offense-$25 to $500 Subsequent offense-$50 to $500 §32-5A-178(d)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension §§32-5A-178(d) & 32-5A-195(k)(8) Suspension via the Point System⁴

Length of Term of

Licensing Withdrawal: 1st or subsequent offense-6 months §32-5A-178(d) Suspension via the Point System-60 to 365 days⁴

Mandatory Action--Minimum

Length of License

Withdrawal: None

Other: See Court Authorized Licensing Action on p. 2.

Reckless Driving: Misdemeanor §§32-5A-8(a) & 32-5A-190(a)

Sanction:

Criminal:

Imprisonment (Term): 1st offense-Not more than 90 days Subsequent offense-10 days to 6 months §32-5A-190(b)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): 1st offense-$25 to $500 Subsequent offense-$50 to $500 §32-5A-190(b)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): 1st or subsequent offense-Suspension §32-5A-190(b) Suspension via the Point System⁴ However for 3 Offenses (within 1 year)-Revocation §32-5A-195(j)(7)

Length of Term of License

Withdrawal Action: Suspension Offenses-Not more than 6 months §32-5A-190(b) Suspension via the Point System-60 to 365 days⁴ Revocation Offenses-The law does not specify a revocation period.⁽⁵⁾

Mandatory Term of License

Withdrawal Action: None

Other Criminal Actions Related to Speeding:

(continued)

Reckless Driving: (continued)

Other: See Court Authorized Licensing Action on p. 2.

Commercial Motor Vehicle (CMV) Operators⁽⁶⁾:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a vehicle they either (1) commit 2 "serious traffic violations"⁽⁷⁾ within a 3 year period or (2) commit 3 such violations within a 3 year period. §32-6-49.11(e)

Period of Disqualification: 2 serious violations (within 3 years)-Not less than 60 days 3 serious violations (within 3 years)-Not less than 120 days §32-6-49.11(e)

Period of Mandatory Disqualification: 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days §32-6-49.11(e)

1. ¹Under §32-5A-171(6), the governor is authorized to change the maximum speed limits in order to allow the State to receive Federal highway construction and maintenance funds.

2. ²This includes the establishment of different highway speed limits either (1) for different types of vehicles (e.g., persons, who operate certain types of trucks may be required to drive these vehicles at a slower speed than those who operate other types of motor vehicles), (2) at different times of the day, (3) for various weather conditions or (4) for other factors bearing on safe speeds. §32-5A-172

3. ³It appears that §32-5A-176 has replaced §32-5-92 although this later section has not been specifically repealed. Under §32-5-92, State and local officials are authorized to establish maximum safe speed limits for either public bridges, causeways or viaducts. However, this section provides for the following criminal sanctions for a violation of the posted safe speed limit: 1st offense-a jail term of not more than 10 days and/or a fine of not more than $100; 2nd offense (within 1 year)-a jail term of not more than 20 days and/or a fine of not more than $200; and, 3rd or subsequent offense (within 1 year)-a jail term of not more than 6 months at hard labor and/or a fine of not more than $500.

4. ⁴Point System. I. An offender, who accumulates 12 to 14 points in 2 years, is subject to a 60 day suspension. An offender, who accumulates 15 to 17 points in 2 years, is subject to a 90 day suspension. An offender, who accumulates 18 to 20 points in 2 years, is subject to a 120 day suspension. And, an offender, who accumulates 24 points in 2 years, is subject to a 365 day suspension. These suspension periods are not mandatory, as the licensing agency may modify them. II. The following points are assigned to speeding or speed related offenses: Reckless driving-6 points; speeding in excess of 79 MPH (i.e., 80 MPH)-5 points; and, speeding in excess of the posted speed limit-2 points. §32-5A-195 & Regulation 760-X-.07

5. ⁵However, the law does provide that a person's license or driving privileges cannot be suspended for more than 1 year. §32-5A-195(m).

6. ⁶A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle to be placarded in accordance with State or Federal laws. §32-6-49.3(5)

7. ⁷A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §32-6-49.3(21)