INTRODUCTION
PURPOSE
This Summary reports ONLY
the status of State statutes (or regulations)
that are concerned with either speed limit or
speed related violations. Local laws are not
reported. Unless otherwise indicated, the status
of the State laws (or regulations) reported is
January 1, 1997.
ORGANIZATION
The Summary is divided into
three areas: (1) Introduction; (2) Summary
Tables; and, (3) a State by State Analysis. The
State by State Analysis is organized by State and
then by specific legal topics. The State by State
Analysis includes code and, where needed, case
law citations; these should help individuals
conducting additional research in this area of
the law. The State by State Analysis can be used
to facilitate the comparison of State laws in the
subject areas.
The Appendix, using the
State by State Analysis' format, gives the
Uniform Vehicle Code's provisions on speed limit
and speed related offenses.
EXPLANATIONS
Basic Speed Rule.
The Basic Speed Rule requires vehicle operators
to drive at a speed that is reasonable and
prudent. As a corollary to this rule, State laws
usually provide that "every person shall
drive at a safe and appropriate speed when
approaching and crossing an intersection or
railroad grade crossing, when approaching an
going around a curve, when approaching a hill
crest, when traveling upon any narrow or winding
roadway, and when special hazards exist with
respect to pedestrians or other traffic or by
reason of weather or highway conditions."
See Uniform Vehicle Code §11-801.
Minimum Speed Rule.
The Minimum Speed Rule prohibits a person from
operating a motor vehicle at such a slow speed as
to impede the normal and reasonable movement of
traffic. However, in order to avoid a possible
conflict with the basic speed rule, the law
normally provides that a slow speed is
permissible when "reduced speed is necessary
for safe operation or in compliance with
law." See Uniform Vehicle Code §11-805(a).
Racing on the Highway.
The offense of "racing on the highway"
is usually defined as driving "any vehicle
in any race, speed competition or contest, drag
race or acceleration contest, test of physical
endurance, exhibition of speed or acceleration,
or for the purpose of making a speed
record." See Uniform Vehicle Code
§11-809(a).
Drag Racing. Either
as part of the offense of highway racing or as a
separate statutory crime, the offense of
"drag racing" is normally defined as
"the operation of two or more vehicles from
a point side by side at accelerating speed in
competitive attempt to outdistance each other, or
the operation of one or more vehicles over a
common selected course, from the same point to
the same point, for the purpose of comparing the
relative speeds or power of acceleration of such
vehicles or vehicles within a certain distance or
time limit." See Uniform Vehicle Code
§11-809(b).
Reckless Driving.
The criminal offense of "reckless
driving" is defined as driving "any
vehicle in willful or wanton disregard for the
safety of persons or property." See Uniform
Vehicle Code §11-901(a). Note: Speed is not
necessarily a factor in this offense.
Statutory Speed Limit.
In the State by State analysis, this category
identifies State laws that provide for maximum
speed limits. Such limits may vary by highway
type (e.g., interstate) or by location (e.g.,
urban district). Some State laws require that
these limits be posted. However, in other States,
the law provides that these limits apply in the
absence of a posted speed limit.
Posted (Maximum) Speed
Limit. In the State by State analysis, this
category identifies State laws that allow either
State or local authorities to alter (e.g.,
increase or decrease) the statutory speed limits.
However, these provisions usually require that,
prior to increasing or decreasing a highway's
statutory speed limit, the appropriate
governmental authorities conduct a study to
determine the safe speed limit for such highway.
State law may also allow authorities to specify
different speed limits either for various times
of the day or for various types of vehicles
(e.g., trucks). Speed limits established under
these laws are not effective until appropriate
speed limit signs are posted on the highway. Caution:
This Summary does not
report the speed limits that have been
established via such laws.
Speed Law Sanctions.
Except as noted, the criminal and administrative
(licensing) sanctions given are the same for any
offense listed under the heading "Basis for
a Speed Violation." Important: The fine
sanctions listed in this Summary do not
include court costs or bail schedule forfeitures.
Highway. As used in
most State motor vehicle laws,
"highway" is defined as "[t]he
entire width between the boundary lines of every
way publicly maintained when any part thereof is
open to the use of the public for purposes of
vehicular travel." "Highway" and
"street" are synonymous and
interchangeable terms. See Uniform Vehicle Code
§1-127 Note: As defined, a "highway"
under most State laws means only a
government owned or maintained street and not a
"private" one.
FEEDBACK & FUTURE
EDITIONS
Requests for future
editions of or comments about this Summary should
be sent to:
National Highway Traffic
Safety Administration, Office of Traffic Injury
Control Programs (NTS-10), 400 7th Street, S.W.,
Washington, D.C. 20590
Telephone: (202) 366-2729
FAX: (202) 366-2766 or (202)
493-2088.
SUMMARY
TABLES
SUMMARY
TABLE OF STATE SPEED LAWS
SUMMARY
TABLE SPEEDING IN A CONSTRUCTION & SCHOOL
ZONES
STATE
BY STATE ANALYSIS
STATES
|
