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, 2006.

ORGANIZATION

The Summary is divided into two areas: (1) Introduction; (2) 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 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 and 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: "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: "Reckless driving" is normally 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: A "statutory speed limit" is one specifically provided for under a State's traffic code (rules of the road). Such limits may vary by highway type (e.g., interstate) or by location (e.g., urban district). State laws may or may not require that these limits be posted.

Posted (Maximum) Speed Limit: Even though specific speed limits may have been established via legislation, State laws usually allow either State or local authorities to set highway speed limits above or below the statutory ones. Prior to taking such action on any portion of a highway, the law normally requires that governmental authorities conduct a study to determine the safe speed limit for that part of the highway. State laws may also allow such authorities to specify different speed limits on all or selected highways (or portions thereof) 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 Law Violation." Important: The fine sanctions listed in this Summary do not include court costs or bail schedule forfeitures.

Highway & Street: In order to insure that the terms "highway" and "street" are synonymous and interchangeable, many State laws defined both 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." See Uniform Vehicle Code §§1-127 & 1-183.

FEEDBACK & FUTURE EDITIONS

Requests for future editions of or comments about this Summary should be sent to:

National Highway Traffic Safety Administration
Enforcement and Justice Services Division (NTI-122)
400 7th Street, S.W.
Washington, D.C. 20590
Telephone: (202) 366-9588 or (202) 366-1755
FAX: (202) 366-7721

SUMMARY OF STATE SPEED LAWS
NINTH EDITION
CURRENT AS OF
JANUARY 1, 2006

U.S. Department of Transportation
National Highway Traffic Safety Administration
Washington, D.C. 20590

This publication is distributed by the U.S. Department of Transportation, National Highway Traffic Safety Administration, in the interest of information exchange. The opinions, findings and conclusions expressed in this publication are those of the author(s) and not necessarily those of the Department of Transportation or the National Highway Traffic Safety Administration. The United States Government assumes no liability for its contents or use thereof. If trade or manufacturers' names or products are mentioned, it is because they are considered essential to the object of the publication and should not be construed as an endorsement. The United States Government does not endorse products or manufacturers.

JURISDICTION: ALASKA

This chapter summarizes Alaska State statutes and regulations related to speed.

General References: Alaska Statutes and Alaska Administrative Code (AAC)

Basis for a Speed Law Violation :

Basic Speed Rule: No person shall drive a vehicle at a speed greater than is reasonable and prudent considering the traffic, roadway and weather conditions. 13 AAC 02.275

Statutory Speed Limit: I. 55 MPH on any roadway other than those otherwise limited. 13 AAC 02.275(b)(4)1

II. 25 MPH in a residential area. 13 AAC 02.275(b)(3)1

III. 20 MPH in a business district. 13 AAC 02.275(b)(2)

IV. 15 MPH in an alley. 13 AAC 02.275(b)(1)1

Posted (Maximum) Speed Limit: I. Based upon engineering and traffic investigations, the above speed limits may be altered (increased or decreased). 13 AAC 02.275(e) & 02.2801

II. Maximum safe speed limits may be established for bridges, elevated structures, tunnels and underpasses. 13 AAC 02.325(f)1

Minimum Speed Limit: A person driving at less than the maximum authorized speed of traffic shall drive as close as practicable to the right-hand curb or edge of the roadway. 13 AAC 02.050(b)

Posted (Minimum) Speed Limit:

Other: I. Maximum speed when towing a mobile home is 45 MPH. 13 AAC 02.325(b)1

II. Maximum speed in a marked public school or playground is 20 MPH. 13 AAC 02.325(d)1

III. Maximum speed when passing a school displaying flashing yellow lights is 20 MPH. 13 AAC 02.325(e)1

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: A Violation of the Above Regulations is an Infraction and Is Not Considered a Criminal Offense. 1 §28.40.050(c) & (d)

Other: N/A

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years, Etc.):N/A §28.40.050(d)

Mandatory Minimum Term:

Fine:

Amount ($ Range): Not more than $300 §28.40.050(c)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: A person may be required to participate in a driver improvement course if he/she accumulates 6 or more points within 12 months or 9 or more points within 24 months. §28.15.253

Other: A driver who has accumulated sufficient points to be considered a problem driver may be required to appear for a driver improvement interview. 13 AAC 08.240(a)

Licensing Action:

Type of Licensing Action

(Susp/Rev): Licensing Action is via a point system.

Term of License Withdrawal

(Days, Months, Years, etc.):

Mandatory Minimum Term of

Withdrawal:

Miscellaneous Sanctions

Not Included Elsewhere: N/A

Other Criminal Actions Related to Speeding :

Racing on Highway : 13 AAC 02.330 via §28.05.011

Sanctions:

Criminal Sanction: This offense is an Infraction and is not considered to be a Criminal Offense. §28.40.050(c)

Imprisonment (Term): N/A §28.40.050(d)

Mandatory Minimum Term:

Fine ($ Range): Not more than $300 §28.40.050(c)

Mandatory Minimum Fine: None

Administrative Licensing Action: Licensing Action is via a point system.

Licensing Authorized and Type of Action: N/A

Length of Term of Licensing Withdrawal: N/A

Mandatory Action‑‑Minimum Length of License Withdrawal: N/A

Other: N/A

Reckless Driving : Based on a Substantial and Unjustifiable Risk of Harm to Persons or Property. §28.35.040

Sanction: Misdemeanor. §28.35.040(b)

Criminal:

Imprisonment (Term): Not more than 1 year. §28.35.040(b)

Mandatory Minimum Term of Imprisonment: None

Fine ($ Range): Not more than $1,000. §28.35.040(b)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Revocation. §28.15.181(a)(6) & (b)

Length of Term of License Withdrawal Action: 1st offense-Not less than 30 days; 2nd offense (within 10 years)- Not less than 1 year; 3rd or subsequent offense (within 10 years)-Not less than 3 years. §28.15.181(b)

Mandatory Term of License Withdrawal Action: 1st offense-None. A limited license for employment may be granted. If this type of driving privilege is allowed, it must remain in effect for at least 60 days; 2nd offense (within 10 years)-Not less than 1 year; 3rd or subsequent offense (within 10 years)-Not less than 3 years. §28.15.181(b)

Other: A driver also accumulates points for this offense.

Negligent Driving : Based on an Unjustifiable Risk of Harm to Persons or Property Where There is an Actual Danger (e.g., Accident). §28.35.045

Sanction:

Criminal: A violation of this provision is an Infraction which is a non criminal offense. §28.35.045(c)

Imprisonment (Term): N/A. §28.40.050(d)

Mandatory Minimum Term of Imprisonment: N/A

Fine ($ Range): Not more than $300. §28.35.050(c)

Mandatory Minimum Fine: None

Administrative Licensing Actions: Licensing Action is via a point system.

Type of Licensing Action (Susp/Rev):

Length of Term of License Withdrawal Action: N/A

Mandatory Term of License Withdrawal Action: N/A

Other: N/A

Commercial Motor Vehicle (CMV) Operators 5 :

Grounds for Disqualification : A person is disqualified from operating a CMV if while driving such a vehicle he/she (1) commits 2 "serious traffic violations" 6 within a 3 - year period or (2) commits 3 such violations within a 3 - year period. §28.33.140(a)(6) & (c)

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. §28.33.140(c)

Period of Mandatory Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §28.33.140(c)

This State establishes speed limits via regulations. These regulations have been promulgated via Alaska Statutes §28.05.011. Comment: It appears that speed regulations could also have been established via §§19.10.070 and 19.10.072. A violation of these statutory provisions, which would, no doubt, include the regulations promulgated under them, would be a misdemeanor. The sanctions for this misdemeanor are a jail term of not more than 1 year and/or a fine of from $10 to $500. §19.45.002

This includes the establishment of different highway speed limits (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. 13 AAC 02.280(c)

Point System: I. A person's license is suspended for 1 month if he/she either (1) accumulates 12 or more points within a 12-month period or (2) accumulates 18 or more points within a 24-month period. The suspension period is 3 months if person accumulates the required points a second time within a subsequent 24-month period. If the person has had two prior point related suspensions within 24 months and subsequently accumulates the required points within the proscribed period of time, driving privileges are revoked for 1 year. §§28.15.221 and 13 AAC 08.230. II. The following points are assessed for speeding violations: (1) in a school zone or playground crosswalk-6 points; (2) 3 to 9 MPH over the speed limit-2 points; (3) 10 to 19 MPH over the speed limit-4 points; and, (4) 20 or more MPH over the speed limit-6 points. 13 AAC 08.210(11). III. Ten (10) points are assessed either for reckless driving or for speed contest-racing (racing on the highways). 13 AAC 08.210(3) & (4). IV. Six (6) points are assessed for negligent driving. 13 AAC 08.230(7). V. Four (4) points are assessed for careless driving (a municipal code offense). 13 AAC 08.210(13). 13 AAC 08.210(21)

No limited driving privileges for employment can be granted. §28.15.181(b)

A 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 ³ 26,000 lbs., is designed to transport more than 15 persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. §28.40.100(a)(2)

A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH, reckless driving or negligent driving. §28.33.190(11)(A) & (B)

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

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

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

VII 55 MPH 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. §§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

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

Basis for a Speed Law Violation :

IV. The State Department of Transportation is authorized to establish speed limits on either urban or rural construction zones along State and Interstate highways. §32-5A- 176.19(a)

Minimum Speed Limit: I. 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)

II. A person driving at less than the normal speed of traffic shall drive in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway. §32-5A-80(b)

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)

Other: N/A

Adjudication of Speed Violations :

Civil/Criminal Adjudication of Violation: All Speed Law 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: Double Fines: The find is doubled the amount usually prescribed if a person exceeds the posted speed limit in a construction zone along a state or interstate highway, if construction personnel are present. §32-5A-176.1(a)

Sanctions Following an Adjudication of a Speed Law Violation :

(continued)

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System that 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 System.

Length of Term of

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

Mandatory Action‑‑Minimum

Length of License

Withdrawal: None

Other Criminal Actions Related to Speeding :

(continued)

Other: The Court may order a suspension not exceeding 6 months. §32-5A-178(d)

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

Sanction:

Criminal:

Imprisonment (Term): 1st offense-5 to90 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). 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) Revocation Offenses-The law does not specify a revocation period 11.

Mandatory Term of License

Withdrawal Action: None

Other: N/A

Commercial Motor Vehicle (CMV) Operators 12 :

Grounds for Disqualification : A person is disqualified from operating a CMV if, while driving such a vehicle, he/she (1) commits 2 "serious traffic violations 13 " within a 3-year period or (2) commits 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)

Important: Under separate provisions of State law, a person who is disqualified from operating a CMV under Federal Regulations (49 CFR 383.51) because he/she has committed either 2 serious traffic law violations within 2 years or 3 such violations within 3 years while operating a CMV also commits a misdemeanor with the following sanctions: jail for not more than 30 days and/or a fine of not less than $25 or more than $2,000. In addition, the court may prohibit the offender from operating a CMV for a period of time specified by the court or perpetually. §§32-9A-2 and 32-9A-4. Note: Under Federal Regulations a “serious traffic violation” is defined to include either speeding ³15 MPH over the speed limit or reckless driving (49 CFR 383.5)

Under §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.

This includes the establishment of different highway speed limits (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

It 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 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.

Point 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. An offender who accumulates ³ 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 85 MPH (i.e., ³ 86 MPH)-5 points; speeding in excess of the posted speed limit-2 points §32-5A-195 & Regulation 760-X-1-07

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

A 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 ³ 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with State or Federal laws. §32-6-49.3(5)

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

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.

2This includes the establishment of different highway speed limits (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

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 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 Point 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. 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 85 MPH (i.e., ?86 MPH)-5 points; speeding in excess of the posted speed limit-2 points §32-5A-195 & Regulation 760-X-1-07

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 A 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 be placarded in accordance with State or Federal laws. §32-6-49.3(5)

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

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

A 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 ³ 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with State or Federal laws. §32-6-49.3(5)

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

JURISDICTION: ARKANSAS

This chapter summarizes Arkansas State statutes related to speed.

General Reference: Arkansas Code Annotated

Basis for a Speed Law Violation :

Basic Speed Rule: No person shall drive a vehicle at speed that is greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards than existing. §27-51-201(a)(1)

Statutory Speed Limit: Controlled-Access Highways-The maximum speed is determined via engineering and traffic studies.1

See Other below. §27-51-201(b)(1)

30 MPH2 in urban districts. §27-51-201(c)(1)

50 MPH for trucks with a capacity ³ 1½ tons in other locations (except controlled access highways). §27-51-201(c)(2)

60 MPH for other vehicles in other locations (except controlled access highways). §27-51-201(c)(3)

Posted (Maximum) Speed Limit: I. Based upon engineering and traffic studies, the State Highway Commission may alter the above statutory speed limits on the State highway system.3 §27-51-204

II. Based on engineering and traffic investigations, local governments may increase the speed limits on highways within their jurisdictions. However, no speed limit can be >45 MPH. §27-51-206(b)

III. Based on an investigation, the State Highway Commission may establish safe maximum speed limits for bridges or other elevated structures. §27-51-209(a) & (b)

Minimum Speed Limit: I. No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. §27-51-208(b)

II. A person shall not operate a motor vehicle continuously in the left lane of a multi-lane

roadway whenever it impedes the flow of other traffic. §27-51-301(b)

Posted (Minimum) Speed Limit: Based upon engineering and traffic studies, a minimum speed limit for any highway may be established. §27-51-208(b). Note: Via signs, slower moving traffic may be directed to use designated lanes. §27-51-302(2)

Other: I. 30 MPH is the maximum speed for a vehicle which is either over width, over length or over height and has a gross weight of ³ 64,000 lbs. §27-51-201(c)(4)

II. 55 MPH is the maximum speed while towing a manufactured home or mobile home. However, on highways with a posted speed limit of <55 MPH, the posted speed limit applies. The Highway and Transportation Department may set speed limits less than 55 MPH or those posted via a restriction on the oversize permit issued to any specific vehicle. §27-51-210.

III. 10 MPH is the maximum speed while operating a vehicle equipped with solid rubber or cushion tires. §27-51-211

IV.25 MPH is the maximum speed when passing a school or while in a school zone during school hours when students are present and outside the building. §27-51-212

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: A Violation of the Speed Laws is a Misdemeanor Offense. §§27-50-304, 27-50-305 & 27-51-214

Other: Speeding in Excess of 15 MPH over the posted speed limits is a Class C misdemeanor. §27-50-302(7).

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions: Note: Except as Noted, the Following Sanctions Apply to all Speed Law Violations.

Imprisonment:

Term (Day, Month, Years,

Etc.): 1st offense-Not more than 10 days; 2nd offense (within 1 year)-Not more than 20 days; 3rd or subsequent offense (within 1 year)-Not more than 6 months. §§27-50-304 & 27-50-305

Speeding in School Zone - 1st offense-1 to 10 days; 2nd offense (within 1 year)-5 to 25 days; 3rd or subsequent offense (within 1 year)-25 days to 6 months. §27-51-214

Mandatory Minimum Term: Speeding in School Zone4- 1st offense-1 day; 2nd offense (within 1 year)-5 days; 3rd or subsequent offense (within 1 year)-25 days. §27-51-214

Fine:

Amount ($ Range): 1st offense-Not more than $100; 2nd offense (within 1 year)-Not more than $200; 3rd or subsequent offense (within 1 year)-Not more than $500. §§27-50-304 & 27-50-305

Sanctions Following an Adjudication of a Speed Law Violation :

(continued)

Speeding in School Zone - 1st offense-$25 to $100; 2nd offense (within 1 year)-$50 to $250; 3rd or subsequent offense (within 1 year)-$250 to $1,000. §27-51-214

Mandatory Min. Fine ($): Speeding in School Zone- 1st offense-$25; 2nd offense (within 1 year)-$50; 3rd or subsequent offense (within 1 year)-$250. §27-51-214

Other Penalties:

Traffic School: Attendance at driver's training school may be required. §27-50-306(3)

Other: Highway Work Zone: The fine is doubled if the offense is committed in a highway work zone when construction personnel are present and where signs indicating a “double fine zone” are posted. §27-50-408(b)(1)(A)

Driving >15 MPH Over the Speed Limit: It is a Class C Misdemeanor to operate a motor vehicle in excess of 15 MPH over the posted speed limit. The sanctions for this offense are imprisonment for not more than 30 days and/or a fine of not more than $100. §§5-4-201(b)(3), 5-4-401(b)(3) & 27-50-302(7)

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension via the Courts.5 §27-50-306(1) Suspension or Revocation via a Point System.6

Speeding in School Zone - 2nd offense (within 1 year)-Suspension; 3rd offense (within 1 year)-Suspension. §27-51-214(2)(B) & (3)(B)

Term of License Withdrawal

(Days, Months, Years, etc.): Not more than 1 year.7 §27-50-306(1)

Speeding in School Zone - 2nd offense (within 1 year)-6 months; 3rd offense (within 1 year)-1 year. §27-51-214(2)(B) & (3)(B)

Mandatory Minimum Term of

Withdrawal: Speeding in School Zone- 2nd offense (within 1 year)-6 months; 3rd offense (within 1 year)-1 year. §27-51-214(2)(B) & (3)(B)

Miscellaneous Sanctions

Not Included Elsewhere: Special Fine for Speeding in Heavy Trucks: On interstate highways or state highways which have a posted speed limit for trucks different from other motor vehicles, a person driving a truck weighing ³ 20,000 lbs. in excess of 5 MPH of the posted speed limit is subject to a fine of $50 for each MPH exceeding the posted speed limit in excess of 5 MPH. This fine is in addition to all other fines and court costs. §27-50-311

Multiple Violations: Arkansas law also provides that it is a Class C Misdemeanor to commit 3 violations within 12 months. Sanctions: jail-Not more than 30 days; and, fine-not more than $100. §§5-4-201(b)(3), 5-4-401(b)(3) & 27-50-302(8)

Other Criminal Actions Related to Speeding :

Racing on Highway : Class A Misdemeanor §§27-50-302(1) & 27-50-309

Sanctions:

Criminal Sanction:

Imprisonment (Term): Not more than 1 year §5-4-401(b)(1)

Mandatory Minimum Term: None

Fine ($ Range): Not more than $1,000 §5-4-201(b)(1)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension via the Courts §27-50-306(1). Suspension or Revocation via the Point System

Other (continued)

Length of Term of

Licensing Withdrawal: Not more than 1 year 5 §27-50-306(1)

Mandatory Action‑‑Minimum

Length of License

Withdrawal: None

Other: I. 2nd offense (within 6 months)-An offender may be fined an amount not exceeding double that for a 1st offense and is subject to a license revocation for not more than 60 days; 3rd or subsequent offense (within 6 months)-An offender may be fined an amount not exceeding double that for a 1st offense and is subject a license revocation for not more than 6 months. §27-51-102(b)(1) & (2) Important: See the “notes” in the annotated version of the Arkansas Statutes for the application of §27-51-102.

II. A person may be required to attend a driver's training school. §27-50-306(3)

III. Highway WorkZone: The fine is doubled if the offense is committed in a Highway Work Zone. §27-50-408(b)(1)(A)

Reckless Driving : Class B Misdemeanor §§27-50-302(2) & 27-50-308

Sanction:

Criminal:

Imprisonment (Term): I. Non-Injury Related Offense: 1st offense-5 to 90 days §27-50-308(b)(1)(B); 2nd or subsequent offense (within 3 years)-30 days to 6 months. §27-50-308(b)(2)(A)

II. Injury Related Offense- 1st offense-30 to 90 days §27-50-308(b)(1)(A); 2nd or subsequent offense8 (within 3 years)- 60 days to 1 year. §27-50-308(b)(2)(B)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): I. Non-Injury Related Offense: 1st offense-$25 to $500 §27-50-308(b)(1)(B); 2nd or subsequent offense (within 3 years)-$500 to $1,000. §27-50-308(b)(2)(A)

II. Injury Related Offense- 1st offense- $100 to $1,000 §27-50-308(b)(1)(A); 2nd or subsequent offense (within 3 years)- $500 to $1,000. §27-50-308(b)(2)(B)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via the Courts §27-50-306(1) or Suspension or Revocation via the Point System

For 3 convictions within 12 months-Revocation §27-16-905(5)

Length of Term of License

Withdrawal Action: Suspension for not more than 1 year §27-50-306(1)

Revocation for 1 year §27-16-912

Mandatory Term of License

Withdrawal Action: For 3 convictions within 12 months-1 Year Revocation §§27-16-905(5) & 27-16-912

Other: I. A person may be required to attend a driver's training school. §27-50-306(3)

II. Highway Work Zone: The fine is doubled if the offense is committed in a Highway Work Zone. §27-50-408(b)(1)(A)

Careless and Prohibited Driving : Violation §§5-1-108, 27-50-301 & 27-51-104(a)

Sanction:

Criminal:

Imprisonment (Term): None

Mandatory Minimum Term

of Imprisonment:

Fine ($ Range): Not more than $100 §27-51-104

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via the Courts §27-50-306(1) Suspension or Revocation via the Point System

Length of Term of License

Withdrawal Action: Not more than 1 year §27-50-306(1)

Mandatory Term of License

Withdrawal Action: None

Other: I. A person may be required to attend a driver's training school. §27-50-306(3)

II. Highway Work Zone: The fine is doubled if the offense is committed in a Highway Work Zone. §27-50-408(b)(1)(A)

Commercial Motor Vehicle (CMV) Operators9 :

Grounds for Disqualification : A person is disqualified from operating a CMV if while driving such a vehicle he/she either (1) commits 2 "serious traffic violations"10 within a 3 - year period, or (2) commits 3 such violations within a 3 - year period. §27-23-112(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. §27-23-112(e)

Period of Mandatory Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §27-23-112(e)

1 However, the speed limit on controlled-access highways for trucks with a ³ 1½ ton capacity must be established at 10 MPH below that established for automobiles. §27-51-201(b)(2)

2 This appears to be a prima facie speed limit. §§27-51-201(e) & 27-51-202(a)

3 16 Under this authority, the State Highway Commission has established the following speed limits: on rural freeways, 70 MPH for cars and 65 MPH for trucks; on suburban freeways, 60 MPH for all vehicles; on urban freeways, 55 MPH for all vehicles; and, on rural expressways with high-type partial control of access, 60 MPH for all vehicles. Minute Order Revisions 74-007, 87-110, 88-010, 96-148, 97-104 and 98-215

4 The law appears to make the minimum sanction mandatory.

5 A suspension of not more than 1 year may be imposed by the court. This suspension is based upon a review of the offender's driving record. §27-50-306 & Cook v. State, 968 S.W.2d 589 ( Ark. 1998)

6 Point System: I. If an offender accumulates between 14 and 17 points, his/her license is suspended from 3 to 6 months. If an offender accumulates between 18 and 23 points, his/her license is suspended from 6 months to 1 year. If an offender accumulates more than 24 points, his/her license is either suspended for not less than 1 year or revoked for no more than 1 year. II. The following points are assigned for speeding and speed related offenses: racing on the highway-8 points; reckless driving-8 points; careless (or negligent) driving-3 points; hazardous driving-3 points; driving less than the minimum speed limit-3 points; impeding traffic-3 points; driving too fast for conditions-3 points; speeding 0 to 10 MPH over the limit-3 points; speeding 11 to 20 MPH over the limit-4 points; speeding 21 to 30 MPH over the limit-5 points; speeding ³ 31 MPH over the limit-8 points; §27-14-403(a), §27-16-907 & Regulation 1-27-16-907(G) Note: Although listed as offenses under the point system, the Arkansas Code does not make either hazardous or unsafe driving an offense under State law.

7 I. The offender may be granted conditional or restricted driving privileges during a suspension. §27-50-306(2). II. Suspension or revocation under the point system is discretionary.

8 The sanctions for a second or subsequent injury offense also apply where the first offense was non-injury related but where the second or subsequent one was so related. §27-50-308(b)(2)(B)

9 A 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 ³ 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. §27-23-103(7)

10 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §27-23-103(23)

JURISDICTION: ARIZONA

This chapter summarizes Arizona State statutes related to speed.

General References: Arizona Revised Statutes Annotated and Arizona Administrative Code (AAC)

Basis for a Speed Law Violation :

Basic Speed Rule: A person shall not drive a vehicle at a speed greater than is reasonable and prudent speed under the conditions and actual and potential hazards then existing. §28-701(A) & (D)

Statutory Speed Limit: I. 15 MPH approaching a school crossing.1 §28-701(B)(1)

II. 5 MPH in business or residential district. §28-701(B)(2)

III. 65 in other locations. §28-701(B)(3)

IV. 65 MPH on interstate highways outside of urban areas with a population ³ 50,000. §28-702.04(A) See II under Posted (Maximum) Speed Limit below.

V. 65 MPH (1) for vehicles weighing >26,000 lbs. excluding vehicles designed to carry 16 on more persons including the driver or (2) for vehicles drawing a pole trainer weighing ³ 6,000 lbs. §28-709(A)

Posted (Maximum) Speed Limit: I. (1) Based on engineering and traffic investigations, the Director of the State Department of Transportation may alter or vary the above statutory speed limits on the State highway system.2 §28-702. (2) Based on engineering and traffic investigations, the Department may increase the speed limit for vehicles >26,000 or for vehicles drawing a pole trailer.3 §28-709(B)

II. Based on engineering and traffic investigations, the Director of the State Department of Transportation may increase the maximum speed limit on interstate highways

Basis for a Speed Law Violation: (continued)

outside of urban areas with a population ³ 50,000 to 75 MPH. §§28-702 & 28-702.04(C)

III. Based on engineering and traffic investigations, local governments may increase (but not >65 MPH) or decrease the speed limits on highways under their jurisdiction. §28-703

IV. Based on an investigation, the Director of the State Department of Transportation may establish a safe maximum speed limit of any bridge or elevated structure. §28-706(B) & (C)

Minimum Speed Limit: I. A person shall not drive a motor vehicle at a speed that is less than that which is reasonable and prudent under the existing circumstances. §28-701(E)

II. A person shall not drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic. §28-704(A)

III. A person driving at less than the normal speed of traffic shall drive in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway. §28-721(B)

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the Director of the State Department of Transportation or local government officials may establish a minimum speed limit on a highway. §28-704(B). Note: Slower moving traffic may be directed to use designated lanes. §28-729(3)

Other: I. A person shall not drive a vehicle that is equipped with solid rubber tires >10 MPH. §28-706(A)

II. A person shall not drive a vehicle that is towing a trailer or semi-trailer at a rate of speed that causes the trailer or semi-trailer to sway laterally from the lane of traffic. §28-896

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: A Violation of the Speed Laws is a Civil (Non Criminal) Traffic Infraction §28-121(B)

Other:

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): N/A

Mandatory Minimum Term:

Fine:

Amount ($ Range): Not more than $2504 §28-1598

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: I. The licensing agency may require an offender to attend and successfully complete a Traffic Survival School. §§28-3306 & 3307 and AAC R17-4-506 (via the point system)

II. The court may allow a violator to attend defensive driving school. The civil charges shall be dismissed if the offender successfully completes the course. However, a person can only attend this course once in any 24-month period. §§28-3392 & 28-3394

Other: An offender is also subject to assessments which can be £ 60% of the fine imposed. §§12-116.01 & 12-116.02

Licensing Action:

Type of Licensing Action

(Susp/Rev): Licensing action is via a point system.5

Special Note: On highways with posted maximum speed limits of 55 MPH, a person who is convicted of a speeding offense where the speed was >55 MPH but £ 65 MPH is not subject to licensing action. §28-702.01(B)

Term of License Withdrawal

(Days, Months, Years, etc.):

Mandatory Minimum Term of

Withdrawal: N/A

Miscellaneous Sanctions

Not Included Elsewhere: N/A

Other Criminal Actions Related to Speeding :

Racing on Highway : Class 1 Misdemeanor. A second or subsequent violation within 24 months is a Class 6 felony. §28-708(A) & (B)

Sanctions:

Criminal Sanction:

Imprisonment (Term): 1st offense-Not more than 6 months; 2nd or subsequent offenses -no more than 1 year. §§13-701(C)(5) & 13-707(A)(1)

Mandatory Minimum Term: 1st offense-None; 2nd or subsequent offense (within 24 months)-10 days.6 §28-708(B)

Fine ($ Range): 1st offense-Not less than $2,500; §13-802(A). 2nd or subsequent offenses- (Class 6 felony) Not more than $150,000. §13-801(A)

Mandatory Minimum Fine: 1st offense-Not less than $250; 2nd or subsequent offenses-Not less than $500. §28-708(C) &(D)

Administrative Licensi ng Action: Licensing Action is t aken via Courts. §28-708(D)

Licensing action is also possible via the Point System.

Type of Action: 1st offense-Suspension; 2nd or subsequent offense (within 24 months or within 60 months under §28-3304(A)(7))-Revocation. §§28-708(D) & 28-3304(A)(7)

Length of Term of

Licensing Withdrawal: 1st offense-Not more than 90 days; 2nd or subsequent offense (within 24 months or within 60 months under §28-3304(A)(7))-Not more than 1 year. §§28-708(D) & 28-3315(A)

Mandatory Action‑‑Minimum

Length of License

Withdrawal: 1st offense-None; 2nd or subsequent offense (within 24 months or within 60 months under §28-3304(A)(7))-Mandatory Revocation. However, the law does not provide for a specific revocation period. §§28-708(F) & 28-3315(A)

Other: I. The licensing agency may require an offender to attend and successfully complete a Traffic Survival School. §§28-3306 & 3307 and AAC R17-4-506 (via the point system)

II. An offender is also subject to assessments which can be £ 60% of the fine imposed. §§12-116.01 & 12-116.02

Reckless Driving : Class 2 Misdemeanor. A second or subsequent violation within 24 months is a Class 1 misdemeanor. §28-693(A), (B) & (D)

Sanction:

Criminal:

Imprisonment (Term): 1st offense-Class 2 Misdemeanor-Not more than 4 months; 2nd or subsequent offense (within 24 months)-Class 1 Misdemeanor-Not more than 6 months. §13-707(A)(1) & (2)

Mandatory Minimum Term

of Imprisonment: 1st offense-Class 2 Misdemeanor-None; 2nd or subsequent offense (within 24 months)-Class 1 Misdemeanor-20 days. §28-693(D)(2)

Fine ($ Range): 1st offense-Class 2 Misdemeanor-Not more than $750; 2nd or subsequent offense (within 24 months)-Class 1 Misdemeanor-Not more than $2,500. §13-802(A) & (B)

Mandatory Minimum Fine: None

Administrative Licensing Actions: Licensing action is taken by Agency via the Courts. §28-693(C) & (D)

Note: Licensing action is also possible via the Point System.

Type of Licensing Action

(Susp/Rev): 1st offense-Suspension; 2nd or subsequent offense (within 24 months or within 60 months under §28-3304(A)(7))-Revocation. §§28-693(C) & (D) and 28-3304(A)(7)

Length of Term of License

Withdrawal Action: 1st offense-Not more than 90 days; 2nd or subsequent offense (within 24 months or within 60 months under §28-3304(A)(7))-Not more than 1 year. §§28-693(B) & 28-3315(A)

Mandatory Term of License

Withdrawal Action: 1st offense-None; 2nd or subsequent offense (within 24 months or within 60 months under §28-3304(A)(7))-Mandatory Revocation. However, the law does not provide for a specific revocation period. §§28-3315(A) & 28-693(D)(4)

Other: I. The licensing agency may require an offender to attend and successfully complete a Traffic Survival School. §§28-3306 & 3307 and AAC R17-4-506 (via the point system)

II. An offender is also subject to assessments that can be as high as 70% of the fine imposed. §§12-116.01 & 12-116.02

Excessive Speed7 : Class 3 Misdemeanor. §28-701.02(B)

Sanction:

Criminal:

Imprisonment (Term): Not more than 30 days. §13-707(A)(3)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): Not more than $500. §13-802(C)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Licensing action is via a point system.

Length of Term of License

Withdrawal Action:

Mandatory Term of License

Withdrawal Action:

Other: I. The licensing agency may require an offender to attend and successfully complete a Traffic Survival School. §§28-3306 & 3307 and AAC R17-4-506 (via the point system)

Other Criminal Actions Related to Speeding : II. The court may allow a violator to attend defensive drivin g school. The criminal charges

shall be dismissed if the offender successfully completes the course. However, a person can only attend this course once in any 24-month period. §28-3392 & 28-3393

III. An offender is also subject to assessments which can be as high as 70% of the fine imposed. §§12-116.01 & 12-116.02

Aggressive Driving8 : Class 1 Misdemeanor. §28-695(A), (B) & (D)(1)

Sanction:

Criminal:

Imprisonment (Term): Not more than 6 months. §13-707(A)(1)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): Not more than $2,500. §13-802(A)

Mandatory Minimum Fine: None

Administrative Licensing Actions: A person may also be subject to a 2-point assessment under the Point System. AAC R-17-4-506

Type of Licensing Action

(Susp/Rev): 1st offense-Suspension; 2nd or subsequent offense (within 24 months)-Revocation. §28-695(C)(2) & (D)(2)

Length of Term of License

Withdrawal Action: 1st offense-30 days; 2nd or subsequent offense (within 24 months)-1 year. §28-695(C)(2) & (D)(2)

Mandatory Term of License

Withdrawal Action: 1st offense-None; 2nd or subsequent offense (within 24 months)-1 year. §28-695(C)(2) & (D)(2)

Other: I. 1st offenders must “attend and successfully complete approved Traffic Survival School training and education sessions that are designed to improve the safety and habits of drivers....” §§28-695(C)(1) & 28-3307

II An offender is also subject to assessments which can be as high as 70% of the fine imposed. §§12-116.01 & 12-116.02

Commercial Motor Vehicle (CMV) Operators9 :

Grounds for Disqualification : A person is disqualified from operating a CMV if while driving such a vehicle he/she (1) commits 2 "serious traffic violations"10 within a 3-year period or (2) commits 3 such violations within a 3-year period. §28-3312(A)(5) & (6)

Period of Disqualification : 2 serious violations (within 3 years)-Not less than 60 consecutive days; 3 serious violations (within 3 years)-Not less than 120 consecutive days. §28-3312(A)(5) & (6)

Period of Mandatory Disqualification : 2 serious violations (within 3 years)-60 consecutive days; 3 serious violations (within 3 years)-120 consecutive days. §28-3312(A)(5) & (6)

1 Exceeding this speed limit "is prima facie evidence that the speed is too great and therefore unreasonable." §28-701(B)

2 This 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. §28-702. In addition, on multiple lane highways with two or more separate roadways, different prima facie speed limits may be established on each roadway. §28-703.02

3 26 Based upon engineering and traffic investigations, the Department may require these vehicles to operate only in certain lanes on specific highways. §28-736

4 Limited Sanctions for Exceeding a Posted Speed Limit of 55 MPH: On highways with a posted maximum speed limit of 55 MPH, a person who exceeds this limit but whose speed was £ 65 MPH, is subject to a fine of not more than $15 plus assessments which can be £ 60% of the fine imposed. A violation is not to be used to establish motor vehicle insurance rates. This offense is "designated as the waste of finite resource currently in short supply and is considered a civil traffic violation." Note: The regular sanctions for a speeding offense apply, if a person exceeds a 55 MPH speed limit by >65 MPH. §§12-116.01, 12-116.02 and 28-702.01.

5 Point System: A person who accumulates 8 points within 12 months (1) may have his/her license suspended for not more than 1 year or (2) may be required to attend a traffic education and training course. The following points are assessed for speeding and speed related violations: (1) for a violation of any provision of §28-701-3 points; (2) for reckless driving, aggressive driving or racing on the highways-8 points. AAC R17-4-404 (via §28-202(A)) & §28-3315(A)

6 An offender may be allowed to leave the incarceration facility for either employment or educational purposes. §28-693(E) & (F)

7 Excessive speed is defined as driving (1) >35 MPH approaching a school crossing, (2) >20 MPH above a posted speed limit (>45 MPH if there is no posted speed limit) in a business or residential district, or driving >85 MPH in other locations. §28-701.02(A)

8 31 A person commits "Aggressive Driving” if both of the following occur: (1) if during a “course of conduct, ” he/she violates either the Basic Speed Rule (§28-701(A)) or the “Excessive Speed” law (§28-701.02) plus two of the following minor driving offenses: (a) failure to obey traffic control devices; (b) overtaking and passing another vehicle on the right by driving off the pavement or main traveled portion of the roadway; (c) unsafe lane change; (d) following a vehicle too closely; or (e) failure to yield the right-of-way; and, (2)his/her “driving is an immediate hazard to another person or vehicle.” “Course of conduct” means “a series of acts committed during a single, continuous period of driving.” §28-695(A) & (F)

9 A 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 ³ 26,001 lbs., is a school bus, bus, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. §28-3001(3)

10 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH, reckless driving, aggressive driving or racing on the highway. §28-3312(F)

JURISDICTION: CALIFORNIA

This chapter summarizes California State statutes related to speed.

General Reference: West's Annotated California Codes

Basis for a Speed Law Violation :

Basic Speed Rule: No person shall drive a vehicle at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and surface and width of, the highway.1 In no event, shall a speed such as to endanger the safety of persons or property. Veh. Code §22350

Statutory Speed Limit: 65 MPH2 (except as noted below) Veh. Code §§22349(a) & 22356

See Other below. 55 MPH on two lane undivided highway. Veh. Code §22349(b)

25 MPH3 (prima facie limit) in a business or residence district. Veh. Code §22352(a)(2)

25 MPH near a children's playground.4 Veh. Code §22357.1

15 MPH5 (prima facie limit) on any alley. Veh. Code §22352(a)(1)(C)

Posted (Maximum) Speed Limit: I. Based on engineering and traffic surveys, the State Department of Transportation may establish prima facie speed limits of 60, 55, 50, 45, 40, 35, 30 or 25 MPH on the State highway system.6 Veh. Code §22354

II. Based on engineering and traffic surveys, a local government may decrease the 65 MPH speed limit on applicable highways within its jurisdiction. Such government may establish prima facie speed limits of 60, 55, 50, 45, 40, 35, 30 or 25 MPH on such highways.

Veh. Code §§22358(a) & 22360

III. Based on engineering and traffic surveys, a local government may increase the above prima facie 25 MPH speed limit. Such government may establish prima facie

Basis for a Speed Law Violation : (continued)

speed limits of 30, 35, 40, 45, 50, 55, 60 or 65 MPH on highways under its jurisdiction.7 Veh. Code §22357

IV. Notwithstanding other provisions of law, a city or county located within the South Coast Air Quality Management District may establish on unpaved roads a prima facie speed limit lower than permitted in order to comply with air quality standards. Veh. Code §22365

V. Based on engineering and traffic surveys, a local government may decrease the above 25 MPH prima facie speed limit to either 15 or 20 MPH on streets under its jurisdiction having a width not more than 25

feet. Veh. Code §22358.3VI. Based on engineering and traffic surveys, a local government may lower the above 25 MPH prima facie 15 or 20 MPH for business and residential districts or school zones. Veh. Code §22358.4

VII. Based on engineering and traffic surveys, the State or a local government on highways within their respective jurisdictions may establish different prima facie speed limits for different roadways. Veh. Code §22361.

VIII. When ice or snow conditions exist, the State Department of Transportation or a local government on highways under their respective jurisdictions may establish prima facie speed limits of 40, 35, 30 or 25 MPH. Veh. Code §22363

IX. Based on engineering and traffic surveys, the State Department of Transportation may establish different speed limits for highway lanes on the State highway system. Veh. Code §22364

X. The State Department of Transportation or a local government may establish a safe maximum speed limit (but not <5 MPH) for bridges, elevated structures, tubes or tunnels on the highway under their respective jurisdictions. Veh. Code §§22402, 22403, 22404 & 22405

Minimum Speed Limit: I. A person shall not drive a vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic. Veh. Code §22400(a)

II. A person driving at less than the normal speed of traffic shall drive in the right-hand lane for traffic or as close as practicable to the right-hand edge or curb.

Veh. Code §21654(a)

Posted (Minimum) Speed Limit: Based on engineering and traffic surveys, the State Department of Transportation may establish a minimum speed on any part of the State highway system. Veh. Code §22400(b)

Other: I. 25 MPH is the maximum speed for vehicles with solid tires and having a gross vehicle weight for ³ 10,000 but <16,000 lbs. Veh. Code §22409

II. 15 MPH is the maximum speed for vehicles equipped with solid tires and having a gross vehicle weight for ³ 16,000 but <22,000 lbs. Veh. Code §22409

III. 12 MPH is the maximum speed for vehicles equipped with solid tires and having a gross vehicle weight of

≥22,000 lbs. Veh. Code §22409

IV. 55 MPH8 is the maximum speed for: (1) A motor truck, (2) a track tractor having three or more axles, (3) a motor truck or track tractor drawing any other vehicle, (4) a passenger vehicle or bus drawing any other vehicle, (5) a school bus while transporting pupils, (6) a farm labor vehicle while transporting passengers, (7) a vehicle transporting explosives or (8) a trailer bus. Veh. Code §22406. These vehicles must be driven in the right-hand lane or as close as practicable to the right curb. Veh. Code §22348(c)

V. 6 MPH is the maximum speed for vehicles equipped with metal tires. Veh. Code §22410

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: All Law Speed Violations are Infractions. Veh. Code §§22351, 40000.1 & 42001(a)

Other: Important. See Miscellaneous Sanctions below.

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment: Term (Day, Month, Years,

Etc.): None

Mandatory Minimum Term:

Fine:

Amount ($ Range): 1st offense-Not more than $100.9 2nd offense (within 1 year)-Not more than $200. 3rd or subsequent offense (within 1 year)-Not more than $250. Veh. Code §42001(a)(1), (2) & (3)

See III under Miscellaneous Sanctions below.

Mandatory Min. Fine ($): None

Sanctions Following Adjudication of a Speed Law Violation:

(continued)

Other Penalties:

Traffic School: Court ordered traffic violator school. Veh. Code §42005

Other: I. Traffic Violation Points.10 An offender is assessed 1 point on his/her driving record. Veh. Code §12810(e)

II. Special State/County Penalties (Fines).11

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension. Veh. Code §13200

Term of License Withdrawal

(Days, Months, Years, etc.): 1st offense-Not more than 30 days. 2nd offense-Not more than 60 days. 3rd or subsequent offense-Not more than 6 months. Veh. Code §1320012

Mandatory Minimum Term of

Withdrawal: None

Miscellaneous Sanctions

Not Included Elsewhere: I. The following fines apply to offenses involving exceeding the basic speed rule (Veh. Code §22350), exceeding 55 MPH in a bus, motor truck, truck tractor (with 3 or more axles) or any motor truck or truck tractor drawing any other vehicle (Veh. Code §22406) or exceeding the speed established for a bus, motor truck, truck tractor (with 3 or more axles) or any motor truck or truck tractor drawing any other vehicle when descending a

grade. (Veh. Code §22407): 1st offense-Not more than

$100. 1st offense (where speed was ³ 10 MPH over the limit)-Not more than $200. 2nd or subsequent offense-Not more than $300. Veh. Code §42000.5

II. For speeding in a tank vehicle transporting >500 gallons of flammable liquids, in willful or wanton disregard for the safety of others, a person is subject to the following additional sanctions: 1st offense-Not more than $500. 2nd or subsequent offense (within 2 years)-Not more than $2,000 and suspension of hazardous material or cargo tank endorsement for £ 6 months. Veh. Code §22406.5

III. If the imposition of an infraction fine would impose a hardship (offender or his/her family), the court may sentence such person to perform community service in lieu of the “total fine” (i.e., the base fine, all assessments, penalties and additional monies). Penal Code §1209.5

Other Criminal Actions Related to Speeding :

Racing on Highway13 : Misdemeanor Veh. Code §§23109 & 40000.15

Sanctions:

Criminal Sanction:

Imprisonment (Term): Speed Contest: 1st offense-24 hours to 90 days. Subsequent offense (within 5 years)-4 days to 6 months. Veh. Code §23109(e) & (f)

Exhibition of Speed : Not more than 90 days. Veh. Code §23109(i)

Mandatory Minimum Term: Speed Contest: 1st offense-None. Subsequent offense (within 5 years)-48 hours. Veh. Code §23109(f)

Exhibition of Speed : None

Fine ($ Range): Speed Contest: 1st offense-$355 to $1,000.14

Subsequent offense:

Fine: ($Range) (within 5 years)-$500 to $1,000. Veh. Code §23109(e) & (f)

Mandatory Minimum Fine: Exhibition of Speed: Not more than $500. Veh. Code §23109(i) Speed Contest: 1st or subsequent offense (within 5 years)-None. Exhibition of Speed: None

Administrative Licensing Action:

Type of Action: For Speed Contest-Suspension. Veh. Code §13352(a)(8) and 23109(e) & (f)

Length of Term of

Licensing Withdrawal: Speed Contest: 1st offense-Suspension 90 days to 6 months. Veh. Code §§13352(a)(8) & 23109(e) Subsequent offense (within 5 years)-Suspension 6 months. Veh. Code §§13352(a)(9) & 23109(f)

Exhibition of Speed : None

Mandatory Action‑‑Minimum

Length of License

Withdrawal: Speed Contest: 1st or subsequent offense (within 5 years)-None15

Other Criminal Actions Related to Speeding : (continued)

Exhibition of Speed : None

Other: I. Speed Contest: 1st or subsequent offense (within 5 years)-If the vehicle is owned by the offender, it may be impounded from 1 day to 30 days. Veh. Code §23109(h)

II. For either offense, the court may order an offender to attend a traffic violator school. Veh. Code §42005

III. Traffic Violation Points. An offender is assessed 2 points on their driving record. Veh. Code §12810(d)(1)

IV. Special State/County Penalties (Fines).

Reckless Driving16 : Misdemeanor Veh. Code §§23103(a),

40000.15 & 40000.24

Sanction:

Criminal:

Imprisonment (Term): 5 days to 90 days. Veh. Code 23103(c)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): $145 to $1,000. 4 Veh. Code 23103(c)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension or Revocation. Veh. Code §§13200 & 13351(a)(2)

Length of Term of License

Withdrawal Action: 1st offense-Not more than 30 days suspension. 2nd offense- Not more than 60 days suspension. 3rd or subsequent offense- Not more than 6 months suspension. Veh. Code §13200. Three (3) or more offenses (within 12 months)- 3 years revocation. Veh. Code §13351(a)(2) & (b)

Mandatory Term of License

Withdrawal Action: Three (3) or more offenses (within 12 months)-Revocation for 3 years. Veh. Code §13351(a)(2) & (b)

Other: I. The court may order an offender to attend a traffic violator school. Veh. Code §42005

II. Traffic Violation Points: An offender is assessed 2 points on the driving record. Veh. Code §12810(c)

III. Impoundment: If the reckless driving offense involved motor vehicle operation at a speed ³ 100 MPH, the vehicle owned and driven by the offender may be impounded for a 1st offense not more than 6 months and

for a 2nd offense not more than 12 months . Veh. Code §

23592

IV. Special State/County Penalties (Fines).

Reckless Driving Causing Bodily Injury : Misdemeanor/Felony Veh. Code §§23104, 40000.15 & 40000.24 and Penal Code §17

Sanction:

Criminal:

Imprisonment (Term): 1st offense (Misdemeanor)-30 days to 6 months (in the county jail) Subsequent offense (Misdemeanor/Felony)-30 days to 6 months (in either the State prison17 or county jail) Veh. Code §23104(a) & (b)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): 1st or subsequent offense-$220 to $1,000 Veh. Code §23104(a) & (b)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Revocation18 Veh. Code §§13350(a)(3) & 13351(a)(2)

Length of Term of License

Withdrawal Action: 1 year. Veh. Code §13350(c). Three (3) or more offenses (within 12 months)- Revocation for 3 years. Veh. Code §13351(a)(2) & (b)

Mandatory Term of License

Withdrawal Action: 1 year. Veh. Code §13350(c). Three (3) or more offenses (within 12 months)- Revocation for 3 years. Veh. Code §13351(a)(2) & (b)

Other: I. The court may order an offender to attend a traffic violator school. Veh. Code §42005

II. Traffic Violation Points: An offender is assessed 2 points on the driving record. Veh. Code §12810(c)

III. Special State/County Penalties (Fines).

Speed in Excess of 100 MPH : Infraction Veh. Code §22348(b)

Sanction:

Criminal:

Imprisonment (Term): None

Mandatory Minimum Term

of Imprisonment: N/A

Fine ($ Range): 1st or subsequent offense-Not more than $500 Veh. Code §§22348(b) & 42000.1. See III Other below.

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension. Veh. Code §§22348(b), 13200.5 and 13355(a) & (b)

Length of Term of License

Withdrawal Action: 1st offense-Not more than 30 days. Veh. Code §§22348(b)(1) & 13200.5 2nd offense (within 3 years)-6 months. Veh. Code §§22348(b)(2) & 13355(a) 3rd or subsequent offense (within 5 years)-1 year. Veh. Code §§22348(b)(3) & 13355(b)

Mandatory Term of License

Withdrawal Action: None. Note: For a 1st offense, suspension is discretionary. For 2nd and subsequent offenses, suspension is mandatory. However, restricted driving privileges are available to allow an offender either to travel to and from work or to perform employment related duties. Veh. Code §§22348(b)(1), 13200.5 and 13355(a) & (b)

Other: I. Traffic Violator School (discretionary) Veh. Code §42005

II. Traffic Violation Points: An offender is assessed 2 points on the driving record.

Veh. Code §12810(d)(1)

III. If a fine for an infraction would impose a hardship on an offender or their family, the court may sentence such person perform community service in lieu of the “total fine” (i.e., the base fine, all assessments, penalties and additional monies). Penal Code §1209.5

IV. Special State/County Penalties (Fines).

Commercial Motor Vehicle (CMV) Operators19 :

Grounds for Disqualification : No person may operate a CMV if he/she has either (1) been convicted of 2 "serious traffic violations"20 within a 3 - year period or (2) been convicted of 3 such violations within a 3 - year period while driving a CMV. Veh. Code §§15306 & 15308

Period of Disqualification : 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days Veh. Code §§15306 & 15308

1 It is a prima facie violation of the basic speed rule to exceed a construction zone speed limit. A construction zone speed limit cannot be <25 MPH. Veh. Code §22362

2 Based upon engineering and traffic surveys, the State Department of Transportation may increase the maximum speed limit to 70 MPH. Veh. Code §22356(a) Note: Neither the 65 MPH nor 70 MPH maximum speed limits apply to certain types of vehicles per Veh. Code §22406.

3 Or (1) when approaching or passing a school which is not separated from the highway by a physical barrier, with a standard "school" warning sign while children are going to or leaving the school or during school hours or (2) when passing a facility used by senior citizens with a standard "senior" warning sign. Veh. Code §22352(b)(2) & (3)

4 This limit is established by local authorities.

5 Or when traversing either a uncontrolled railway crossing or uncontrolled highway intersection where the driver does not have a clear and unobstructed view. Veh. Code §22352(a)(1)(A) & (B)

6 Also, based on engineering and traffic surveys, the State Department of Transportation may establish different speed limits for various times of the day or night. Veh. Code §22355

7 A local government may also establish a prima facie speed limit of 25 MPH on highways under its jurisdiction that are adjacent to a children's playground in a public park. However, such a speed limit is only to be effective during hours when children are expected to use such playground. Veh. Code §22357.1

8 Based on engineering and traffic surveys, the State Department of Transportation may reduce the 55 MPH maximum speed limit for motor trucks or truck tractors having gross vehicle weight ³ 10,000 lbs. while in a descending grade. The speed limit for these vehicles may be established at 50, 45, 40, 35, 30, 25 or 20 MPH. Veh. Code §22407

9 A person who exceeds the speed limit on certain segments of certain highways designated as “Safety Enhancement- Double Fine” zones is subject to a fine sanction which is one category higher than the amount otherwise prescribed by the uniform traffic fine schedule. Note: Additional forfeitures or assessments, which are based on the fine imposed, are to be calculated using only the base fine prior to the above enhancement. Streets and Highways Code §97 and Veh. Code §§40310 & 42010. Veh. Code §40310 provides that the California Judicial Council shall establish a uniform traffic fine schedule. Streets and Highways Code §97 and Veh. Code §42010 are effective only until January 1, 2004 unless a later enacted statute declares otherwise.

10 Point System: A person is presumed to be a negligent driver if he/she accumulates 4 or more points in 12 months, 6 or more points in 24 months, or 8 or more points in 36 months. Such a driver can have his/her driving privileges suspended for not more than 6 months. However, he/she may obtain restricted driving privileges for use during the scope of his/her employment. Veh. Code §§12809, 12810, 12810.5, 12812, 13359 & 13556

11 44 Special State Penalty (Fine): An additional State penalty of $10 is assessed against every defendant for every $10 of a fine (or fraction thereof) actually imposed and paid by a defendant. Penal Code §§1463(h) & 1464(a)

Special County Penalty (Fine): An additional county penalty of $7 is assessed against every defendant for every $10 of a fine (or fraction thereof) actually imposed and paid by a defendant. Gov’t. Code §76000 and Penal Code §§1463(h)

Note : The portion of any fine that has been either suspended or reduced is not considered when calculating these assessments.

12 This code provision does not state a time period within which a second or subsequent offense must be committed after a first in order to impose enhanced sanctions. As a result, it appears that the enhanced licensing sanctions apply regardless of the time lapse between first, second or subsequent offenses.

13 The law makes it an offense to "engage in any motor vehicle speed contest on a highway" or "engage in any exhibition of speed on a highway".

14 Double Fines: A fine, double the amount otherwise prescribed by law, may be imposed on a person who commits a racing or reckless driving misdemeanor offense on the segments of certain highways designated as “Safety

Enhancement’ Double Fine” zones. Note: Additional forfeitures or assessments, which are based on the fine imposed, are to be calculated using only the base fine prior to the above enhancement. Streets and Highways Code §97 and Veh. Code §42010. These sections are repealed January 1, 2004.

48 For either a first or subsequent offense, an offender may obtain restricted driving privileges for the purpose of traveling to and from work or to perform duties within the scope of their employment. Veh. Code §23109(e) & (f)

15  

16 49 Eluding a Police Officer: A person who either flees or attempts to elude a police while driving “in a willful or wanton disregard for the safety of persons or property,” is subject to the following sanctions: Imprisonment in either the State prison or county jail for 6 months to 1 year and/or a fine of not less than $1,000 not more than $10,000. The law defines “willful or wanton disregard for the safety of persons or property” to include (but is not limited to) the commission of three or more traffic law violations for which points can be assigned under Vehicle Code §12810 (e.g., exceeding the speed limit, racing on the highway, reckless driving) while fleeing or attempting to elude a police officer. Veh. Code §2800.2

Assault Using a Motor Vehicle (Road Rage): A person who commits an assault in violation of Penal Code §245(a) using a motor vehicle (commonly know as “road rage”) against another motor vehicle, an operator of a bicycle or a pedestrian, in addition to criminal sanctions (imprisonment for either 2, 3 or 4 years in State prison or not more than 1 year in a county jail plus a fine of not more than $10,000), is subject to the following licensing actions: 1st offense-suspension for 6 months; and, 2nd or subsequent offense-suspension for 1 year. However, either in lieu of or in addition to such licensing action, a person may be ordered to complete a court-approved course on either anger management or “road rage.” Veh. Code §13210

17 Under Penal Code §17, a person, who is punished by imprisonment in the State prison, is considered to have committed a felony.

18 The offender is also subject to license suspension for not more than 6 months under Veh. Code §13201.

19 A 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 ³ 26,001 lbs., were the towed vehicle weighs ³ 10,000 lbs., is a trailer bus, is carrying a hazardous materials which require that the vehicle be placarded in under either the Vehicle or Health and Safety codes. Veh. Code §§12804.9(b), 15210(b)(1) & (k) and 15278(a)(4)

20 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. Veh. Code §15210(i), 49 USC §31301(12) & 49 CFR 383.5

JURISDICTION: COLORADO

This chapter summarizes Colorado State statutes related to speed.

General Reference: Colorado Revised Statutes and Code of Colorado Regulations (CCR)

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 then existing. §42-4-1101(1)

Statutory Speed Limit: 65 MPH1 on the interstate system2 §42-4-1101(2)(g)

See Other below. 55 MPH on an open highway not on the interstate system §42-4-1101(2)(f)

30 MPH in a residence district3 §42-4-1101(2)(c)

40 MPH on open mountain highways §42-4-1101(2)(d)

25 MPH in a business district §42-4-1101(2)(b)

20 MPH on narrow, winding mountain highways or blind curves §42-4-1101(2)(a)

Posted (Maximum) Speed Limit: I. State and local authorities, based on traffic investigations and surveys, may alter (increase or decrease) the above speed limits.4 Exceeding this speed limit is prima facie evidence that such speed was not reasonable. However, no posted speed limit may be >75 MPH. §§42-4-1101(4) & (8)(d) and 42-4-1102

II. The State, based on traffic investigations and surveys, may establish maximum speed limits for elevated structures. §42-4-1104(2)

III. The State may establish highway maintenance, repair and construction zones. Such a zone must be posed with appropriate signs that designate that "double fines" are in effect for speeding violations that are committed in such zones. §42-4-614

Minimum Speed Limit: I. A person shall not drive a motor vehicle at such a slow speed so as to impede or block the normal and reasonable forward movement of traffic. §42-4-1103(1)

II. A person driving at less than the normal speed of traffic shall drive in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway. §§42-4-1001(2) & 43-4-1103(3)

Posted (Minimum) Speed Limit: The State or local authorities, based on traffic investigations and surveys, may post a minimum speed limit on any part of a highway. §42-4-1103(2)

Other: I. 45 MPH for all vehicles in the business of transporting trash §42-4-1101(2)(e)

II. A person shall not drive a vehicle over any bridge or other elevated structure at an unsafe speed. §42-4-1104(1)

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: Except as noted under Miscellaneous Sanctions, all speed law violations are Class A Traffic Infractions. §§42-4-603(5), 42-4-1001(4), 42-4-1101(12), 42-4-1103(5), 42-4-1104(4) & 42-4-1701(1)

Other: N/A

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): None

Mandatory Minimum Term:

Fine:

Amount ($ Range): $15 to $100. §42-4-1701(3)(a)(I)

Mandatory Min. Fine ($): Per Penalty Schedule5 §42-4-1701(4)(a)(I)(L)

Other Penalties:

Traffic School: A person may be required to attend a course of instruction on traffic laws, hazardous driving situations and accident prevention. §42-4-1717

Other: Double Fines: The penalties and surcharges imposed for speeding offenses are doubled if the offense occurred in either (1) a maintenance, repair, or construction zone or (2) a “school zone.” §§42-4-613, 42-6-615, 42-4-1701(II) (A), 42-4-1701(4)(c) & (d)

Licensing Action:

Type of Licensing Action (Susp/Rev): Suspension via a Point System6 §42-2-127(1)

Sanctions Following an Adjudication of a Speed Law Violation :

(continued)

Term of License Withdrawal

(Days, Months, Years, etc.): Not more than 1 year. §42-2-132(1)

Mandatory Minimum Term of

Withdrawal: None. A probationary license with restrictions may be issued §42-2-127(12)

Miscellaneous Sanctions

Not Included Elsewhere: Driving 25 MPH or more in excess of either the reasonable and prudent speed or the 75 MPH maximum limit is a Class 2 Misdemeanor Traffic Offense. §42-4-1101(12). The sanctions for this offense are a jail term of 10 to 90 days and/or a fine of $10 to $300, plus the offender must pay restitution and may be required to perform some community service. §42-4-1701(3)(a)(II)

Other Criminal Actions Related to Speeding :

Racing on Highway : Speed Contest Class 2 Misdemeanor Traffic Offense. §42-4-1105(1) & (3)

Sanctions:

Criminal Sanction:

Mandatory Minimum Term: None

Fine ($ Range): $10 to $300. §42-4-1701(3)(a)(II)(A)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension via a Point System. §42-2-127. For this offense, a driver is assessed 12 points which results in suspension under the point system. §42-2-127(1)(a) & (5)(c)

Length of Term of

Licensing Withdrawal: Not more than 1 year §42-2-132(1)

Mandatory Action‑‑Minimum

Length of License

Other Criminal Actions Related to Speeding :

(continued)

Withdrawal: None. A probationary license with restrictions may be issued §42-2-127(12)

Other: A person may be required to attend a course of instruction on traffic laws, hazardous driving situations and accident prevention. §42-4-1717

Reckless Driving7: Class 2 Misdemeanor Traffic Offense §42-4-1401

Sanction:

Criminal:

Imprisonment (Term): 1st offense-10 to 90 days §42-4-1701(3)(a)(II)(A); 2nd or subsequent offense-10 days to 6 months. §42-4-1401(2)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): 1st offense-$10 to $300. §42-4-1701(3)(a)(II)(A) 2nd or subsequent offense-$50 to $1,000. §42-4-1401(2)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System §42-2-127 For this offense, a driver is assessed 8 points. §42-2-127(1)(a) & (5)(d)

Revocation for 3 reckless driving offense convictions within 2 years §42-2-125(1)(f)

Length of Term of License

Withdrawal Action: Suspension for not more than 1 year. §42-2-132(1)

Revocation for 1 year. §42-2-132(2)

Mandatory Term of License

Withdrawal Action: Suspension in not mandatory. A probationary license with restrictions may be issued. §42-2-127(12)

Revocation is for a mandatory period of 1 year. §42-2-132(2)

Other: A person may be required to attend a course of instruction on traffic laws, hazardous driving situations and accident prevention. §42-4-1717

Careless Driving8 : Class 2 Misdemeanor Traffic Offense or, if there is Other

Criminal Actions Related to Speeding :

Careless Driving: (continued) bodily injury or death to another person , Class 1

Misdemeanor Traffic Offense. §42-4-1402(2)

Sanction:

Criminal:

Imprisonment (Term): Non injury/death related offense-10 to 90 days. Injury/Death related offense-10 days to 1 year. §42-4-1701(3)(a)(II)(A)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): Non injury/death related offense-$10 to $300. Injury/Death related offense-$100 to $1,000. §42-4-1701(3)(a)(II)(A)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System. §42-2-127 For this offense, a driver is assessed 4 points. §42-2-127(1)(a) & (5)(e)

Length of Term of License

Withdrawal Action: Not more than 1 year. §42-2-132(1)

Mandatory Term of License

Withdrawal Action: None. A probationary license with restrictions may be issued. §42-2-127(12)

Other: A person may be required to attend a course of instruction on traffic laws, hazardous driving situations and accident prevention. §42-4-1717

Commercial Motor Vehicle (CMV) Operator9s 62 :

Grounds for Suspension : A person's CDL privilege is suspended, if while driving a CMV, he/she either (1) commits 2 "serious traffic violations”10 within a 3-year period or (2) commits 3 such violations within a 3-year period. §42-2-403(2) and 1 CCR 204-12(6) & (7)(d)

Period of Suspension : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §42-2-403(2) and 1 CCR 204-12(6) & (7)(d)

Period of Mandatory Suspension : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §42-2-403(2) and 1 CCR 204-12(6) & (7)(d)


1 Based upon traffic investigations and surveys, the posted maximum limit may be increased to 75 MPH. §42-4-1102

2 It is a per se violation (not a prima facie violation) to operate a motor vehicle above this speed limit. §42-4-1101(8)

3 Operating a motor vehicle in excess of this speed limit is prima facie evidence that such speed was not reasonable or prudent under the conditions then existing. §42-4-1101(4)

4 Colorado law does not specifically state whether different highway speed limits may be established either for different types of vehicles, for various weather conditions or for different times of the day. However, the law provides that signs may be erected directing traffic to use ce rtain lanes. §42-4-1007(1)(c) This provision can be used to limit the speed of certain vehicles (e.g., trucks) on specific highway lanes.

5 The following fines and surcharges respectively are levied for speeding violations: fifteen dollars ($15) and $2 for going 1 to 4 MPH over either the reasonable and prudent speed or the 75 MPH maximum limit; thirty-five dollars ($35) and $4 for going 5 to 9 MPH over either the reasonable and prudent speed or the 75 maximum limit; fifty dollars ($50) and $6 for going 10 to 19 MPH over either the reasonable and prudent speed or the 75 MPH maximum limit; one hundred dollars ($100) and $12 for going 20 to 24 MPH over either the reasonable and prudent speed or the 75 MPH maximum limit; thirty-five dollars ($35) and $4 for failure to decrease speed when hazardous conditions exist; fifteen dollars ($15) and $2 for violating either the minimum speed law (§42-1-1103) or posted maximum speed limits on elevated structures (§42-4-1104). §42-4-1701(4)(a)(I)(L)

6Point System: I.Point Accumulation. A driver's license is subject to suspension if the driver accumulates 12 points within 12 consecutive months or 18 points with 24 consecutive months. For provisional drivers, suspension would occur if they accumulate either 9 points within 12 consecutive months, 12 points within any 24 consecutive months or 14 points from the time the provisional license was issued. In the case of minor drivers, suspension would occur if they accumulate 5 points within 12 consecutive months or 6 points from the time the license was issued. For chauffeurs, suspension would occur if they accumulate (while in the course of employment) either 16 points in 1 year, 24 points in 2 years or 28 points in 4 years. §42-2-127(1)(a). II. Point Schedule. The following points are assigned for speeding violations: one (1) point for going 5 to 9 MPH over either the reasonable and prudent speed or 5 to 9 MPH over the maximum lawful speed limit of 75 MPH; four (4) points for going 10 to 19 MPH over either the reasonable and prudent speed or 10 to 19 MPH over the maximum law speed limit of 75 MPH; six (6) points for going 20 to 39 MPH over either the reasonable and prudent speed or 20 to 39 MPH over the maximum law speed limit of 75 MPH; twelve (12) points for going 40 MPH or more over the reasonable and prudent speed or 40 MPH or more over the maximum law speed limit of 75 MPH; three (3) points are assessed for a failure to reduce speed when a special hazard exists. No points are assessed for going 1 to 4 MPH over either the reasonable and prudent speed or 1 to 4 MPH over the maximum law speed limit of 75 MPH. §42-2-127(5)(f) Important: No points can be assessed against a person's driving record if the original citation was issued via an "automated vehicle identification system." §§42-2-127(5.5) & 42-4-110.5(3)

7 Operating a motor vehicle in either a wanton or a willful manner so as to disregard the safety of either persons or property. §42-4-1401(1)

Vehicular Assault: A person who causes serious bodily injury to another person while operating a motor vehicle in a “reckless manner” commits a Class 5 felony: Imprisonment from 1 to 3 years (with 2 years mandatory parole) and a fine of $1,000 to $100,000. If the injured person was pregnant, the minimum imprisonment sentence must be midpoint of the sentence but more but not more than twice the maximum. §18-1.3-401(13) & 18-3-205(1)(a) & (b)

8 Operating a motor vehicle in a careless and imprudent manner without due regard for the width, grade, curves, corners, traffic and use of the streets and all other attendant circumstances. §42-4-1402(1)

9 A 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 ³ 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 U.S. Department of Transportation regulations. §42-2-402(4)(a)

10 A “serious traffic violation” includes exceeding the speed limit by 15 or more MPH or reckless driving. §42-2-403(2), 1 CCR 204-12(6) & (7)(d) and 49 CFR 383.5.

JURISDICTION: CONNECTICUT

This chapter summarizes Connecticut State statutes related to speed.

General References: Connecticut General Statutes Annotated and Regulations of Connecticut State Agencies (RCSA)

Basis for a Speed Law Violation :

Basic Speed Rule: Traveling Unreasonably Fast. No person shall drive a motor vehicle at a rate of speed greater than is reasonable, having regard to the width, traffic and use of highway, road or parking area, the intersection of streets and weather conditions. §14-218a(a)

Statutory Speed Limit: 65 MPH on multiple lane, limited access highways that are suitable for such a speed limit §§14-218a(b) & 14-219(a)

55 MPH upon other highways §14-219(a)

See Other below. 50 MPH for a school bus on a divided limited access highway §14-281a(a)

40 MPH for a school bus on all other highways §14-281a(a)

Posted (Maximum) Speed Limit: The State Traffic Commission may determine speed limits1 on any highway, bridge, or parkway. §14-218a(a)

Minimum Speed Limit: I. No person shall operate a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic. §14-220(a)

II. A person driving at less than the normal speed of traffic shall drive in the right-hand lane available for traffic or as close as practicable to the right-hand curb or edge of the highway. §14-230(b)

Posted (Minimum) Speed Limit: 40 MPH2 on a limited access divided highway. §14-220(a)

Other: I. Driving such a rate of speed as to endanger the life of a vehicle occupant. §14-219(a)

II. A person must obtain a special permit to operate a vehicle on a highway with a normal speed £15 MPH while transporting 3 or more persons for pleasure purposes (whether or not for hire). §14-221

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Infractions. §§14-218a(c), 14-219(b), 14-220(c), 14-221, 14-230(d) & 14-281a(c)

Other:

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years, Etc.): None

Mandatory Minimum Term: N/A

Fine:

Amount ($ Range): I. Except for speed law offenses committed under §14-219, a fine of not more than $50. §14-296

II. For speed law offenses committed under §14-219, a fine of $35 to $90.3 §51-164m(c)

III. $35 to $90 or $100 to $150 if the offender was operating a truck.4 For speeds (1) >65 MPH but £ 70 MPH on multiple line limited access highways with a speed limit of 65 MPH, (2) >55 MPH but £ 70 MPH on other multiple line limited access highways and (2) on any other highway >55 MPH but £ 60 MPH. §§14-219(b) and 51-164m(c) & (d)

IV. $100 to $150 or 150 to $200 if the offender was operating a truck. For speeds (1) >70 MPH but £ 85 MPH on multiple line limited access highways and (2) on any other highway >60 MPH but £ 85 MPH. §§14-219(b) & (c) & 51-164m(d)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: Driver Retraining Program. I. A person, who commits 2 or more moving violations, may be required to complete a driver-retraining program. §14-111g

Other: Double Fines. If the speeding offenses occurred in a designated construction zone, the fine sanction is double the usual amount. §1 of Public Act 95-181

Licensing Action:

Type of Licensing Action

(Susp/Rev): I.Suspension or Revocation-For offenses committed

under §14-219. §14-111b

II. Suspension under either the Point System or for Unsafe Vehicle Operation for other speeding

violations.5 §14-111 and RCSA §§14-137-

82, 14-137a-5 & 14-137a-8

Term of License Withdrawal

(Days, Months, Years, etc.): I. For offenses committed under §14-219: 1st, 2nd or 3rd offense-Not more than 30 days (but only if the court recommends suspension or revocation). §14-111b(a) 4th offense (within 2 years)-Not more than 30 days. 5th offense (within 2 years)- Not more than 60 days.

Subsequent offense (within 2 years)- 6 months. §14-111b(b) & (c)

II. For Other Speeding Violations: 30 days if the requisite number of points have been accumulated.

Mandatory Minimum Term of

Withdrawal: The above licensing actions may be mandatory.

Miscellaneous Sanctions

Not Included Elsewhere: N/A

Other Criminal Actions Related to Speeding :

Racing on Highway6: Misdemeanor. §§14-224(c) & (g) and 53a-26(a)

Sanctions:

Criminal Sanction:

Imprisonment (Term): 1st offense or subsequent offense (within 10 years)-Not more than 1 year. §§14-1(a)(69) & 14-224(g)

Mandatory Minimum Term: None

Fine ($ Range): 1st offense-$75 to $600. Subsequent offense (within 10 years)- $100 to $1,000. §§14-1(a)(69) & 14-224(g)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension under either the Point System or for Unsafe Vehicle Operation. §14-111 and RCSA §§14-137-82, 14-137a-5 & 14-137a-8

Length of Term of

Licensing Withdrawal: 30 days if the requisite number of points have been accumulated.

Mandatory Action‑‑Minimum

Length of License

Withdrawal: The above licensing actions may be mandatory.

Other: N/A

Reckless Driving : 70 Misdemeano7r §§14-222 & 53a-26(a)

Sanction:

Criminal:

Imprisonment (Term): 1st offense- Not more than 30 days. 2nd or subsequent offense- Not more than 1 year. §14-222(b)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): 1st offense- $100 to $300. 2nd or subsequent offense- not more than $600. §14-222(b)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension. §14-111(b)

Length of Term of License

Withdrawal Action: 1st offense-30 to 90 days. Subsequent offense- Not less than 90 days. §14-111(b)

Mandatory Term of License

Withdrawal Action: 1st offense-30 days. Subsequent offense- 90 days. §14-111(b) Note: Given the wording in §14-111(b), these suspensions appear to be mandatory.

Other: N/A

Commercial Motor Vehicle (CMV) Operator8s 71 :

Grounds for Disqualification : A person is disqualified from operating a CMV if while

driving such a vehicle he/she (1) commits 2 "serious traffic violations9" 72 within a 3 - year period or (2) commits 3 such violations within a 3 - year period. §14-44k(h)

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. §14-44k(h)

Period of Mandatory Disqualification: 2 serious violations (within 3 years)-60 days. 3 serious violations (within 3 years)- 120 days. §14-44k(h)

1 "[D]iffering limits may be established for different types of vehicles...." In addition, any speed in excess of this limit is prima facie evidence that such speed was not reasonable. §14-218a(a) Note: Local governments may establish speed limits on the streets under their jurisdiction. However, such speed limits must be approved by the State Traffic Commission. §14-218a(a)

2 This minimum speed does not apply either (1) to highway maintenance vehicles or (2) to certain types commercial vehicles on grades. §14-220(a)

3 For offenses committed under §14-219, the fine sanctions to be imposed are established by the superior court via a fine schedule. This schedule consists of a sliding fine scale which must be based upon the severity of the violation. §51-164m

4 A truck is defined as "every motor vehicle designed, used or maintained primarily for the transportation of property." §14-260n(4)

5 Point System. I. If a person accumulates 10 points within a 24-month period, his/her license is suspended for 30 days. After such suspension if a person again commits an offense (within 5 years from the beginning of the 30-day suspension period) that raises the point accumulation above 10, his/her license is suspended until the point total is £ 10. Points remain on the driver's record for 24 months from the date of assessment. II. The following points are assessed for speeding violations: One (1) point either for operating at an unreasonable speed under §14-218a, for violating §14-219 or for failing to drive in right-hand lane; two (2) points for driving at such a slow speed as to impede traffic under §14-220; four (4) points for racing on the highways under §14-224(c); and, five (5) points for operating a school bus at an excessive speed under §14-281a. RCSA §§14-137a-5, 14-137a-6 & 14-137-8. History of Unsafe Operation. If a person has had 4 unsafe moving traffic convictions within 2 years, his/her license is subject to a 30-day suspension. Such convictions include most speeding offenses and other rules of the road violations. §14-111(a) & RCSA §14-137-82

6 Under §14-224(c), "[n]o person shall operate a motor vehicle upon any public highway for a wager or for any race or for the purpose of making a speed contest."

7 Reckless driving is defined as operating a motor vehicle either (1) recklessly, having regard to the width, traffic and use of such highway, road , school property or parking area, the intersection of streets and the weather conditions, (2) at a rate of speed as to endanger the life of any person (other the vehicle operator), or (3) at a rate of speed >85 MPH. §14-222(a)

8 A 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 ³ 26,001 lbs., is designed to transport 16 or more persons, is designed to transport 10 or more persons and is used to carry students under the age of 21, or is transporting hazardous materials which requires that the vehicle to be placarded in accordance with U.S. Department of Transportation regulations. §14-1(a)(11)

9 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §14-1(a)(71)

JURISDICTION: DISTRICT OF COLUMBIA

This chapter summarizes D.C. statutes and regulations related to speed.

General References: D.C. Code and Weil’s Code of D.C. Municipal Regulations (CDCR)

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 then existing. D.C. Code §50-2201.04(a) and CDCR 18-22-2200.3

Statutory Speed Limit: 25 MPH on all streets & highways unless otherwise designated D.C. Code §§50-2201.04(a) and CDCR 18-22- 2200.6

15 MPH in alleys. D.C. Code §50-2201.04(a) and CDCR 18-22-2200.7

15 MPH in streets adjacent to school buildings or playgrounds when indicated by official sign, during recess or when children are going to or leaving school. D.C. Code §50-2201.04(a) and CDCR 18-22-2200.8 & 18-22-2200.9

Posted (Maximum) Speed Limit: Based upon engineering and traffic investigations, the statutory speed limits may be increased or decreased on any highway. D.C. Code §50-2201.03 and CDCR 18-22-2200.2 Note: D.C. law does not specifically state whether different highway speed limits may be established either for different types of vehicles, for various weather conditions or for different times of the day.

Minimum Speed Limit: I. No person shall drive a vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic. CDCR 18-22-2200.10

II. A person driving at less than the normal speed of traffic shall drive in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway. CDCR 18-22-2201.2

Posted (Minimum) Speed Limit: None

Other:

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: Except as Noted Under Miscellaneous Sanctions, All Speed Law Violations are Civil Offenses (Infractions). D.C. Code §50-2201.04 and CDCR 18-22-2200.11

Other:

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): None

Mandatory Minimum Term:

Fine:

Amount (& Range): Violation of Basic Speed Rule-$25. CDCR 18-26-600.1

Violation of the Minimum Speed Rule (Driving at Such a Slow Speed as to Impede or Block Traffic)- $15.1 CDCR 18-26-2600.1

Speed Limit Violations -$30 to $200. The fine imposed depends upon either the extent or type of the speeding offense.2 CDCR 18-26-2600.1

Mandatory Min. Fine ($): None

Other Penalties: None

Administrative Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension or Revocation via the Point System3 D.C. Code §40-302 and CDCR 18-3-303.1 & 18-3-303.3

Term of License Withdrawal

(Days, Months, Years, etc.): I. Suspension may be from 2 to 90 days depending upon the seriousness of the offense. CDCR 18-3-306.1

II. Revocation-6 months. Note: For subsequent offenses, a longer revocation period is possible. However, such period must for a definite period of time. CDCR 18-3-306.4

Mandatory Minimum Term of

Withdrawal: None

Miscellaneous Sanctions

Not Included Elsewhere: Criminal Offense. Persons are subject to criminal

prosecution if they commit a traffic infraction and have

already accumulated 12 or more points on their driving records within previous 18 months. Under such circumstances, they are subject to a jail term of not more than 10 days and/or a fine of not more than $300. D.C. Code §50-2302.03(a)

Other Criminal Actions Related to Speeding :

Exceeding Speed Limit by 30 MPH :

Sanctions:

Criminal Sanction:

Imprisonment (Term): Not more than 90 days. CDCR 18-22-32200.12

Mandatory Minimum Term: None

Fine ($ Range): Not more than $300. CDCR 18-22-2200.12

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension or Revocation.4 D.C. Code §50-1403.01 & CDCR 18-3- 302.3

Length of Term of

Licensing Withdrawal: I. Suspension-2 to 90 days depending upon the seriousness of the offense. CDCR 18-3-306.1

II. Revocation-6 months. Note: For subsequent offenses, a longer revocation period is possible. However, such period must be for a definite period of time. CDCR 18-3-306.4

III. Five (5) points are assessed against a person's driving record. CDCR 18-3-303.2(f)

Mandatory Action‑‑Minimum

Length of License

Withdrawal: None

Other: Assessment. Serious traffic law offenders are required to pay an assessment of $50 (mandatory) to $250 that is used to finance the Crime Victim’s Compensation Fund. D.C. Code §4-516(a) & Parrish v. District of Columbia, 718 A.2d 133 (D.C. 1998)

Reckless Driving5 :

Sanction:

Criminal:

Imprisonment (Term): 1st offense-Not more than 3 months. Subsequent offense (within 2 years)- Not more than 1 year. D.C. Code §50-2201.04(c)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): 1st offense-Not more than $250. Subsequent offense (within 2 years)- Not more than $1,000. D.C. Code §50-2201.04(c)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

Reckless Driving

(continued \

(Susp/Rev): Revocation. D.C. Code §50-1403.01 & CDCR 18-3-301.1(d)

Reckless Driving : (continued)

Length of Term of License

Withdrawal Action: 1st offense-6 months. 2nd offense- 1 year. Subsequent offense- 2 years. D.C. Code §50-1403.01(b) & CDCR 18-3-306.5

Mandatory Term of License

Withdrawal Action: 1st offense- 6 months. 2nd offense- 1 year. Subsequent offense- 2 years. D.C. Code §50-1403.01(b) & CDCR 18-3-306.5

Other: I. A person is also assessed 12 points against his/her driving record. See Footnote No. 3. CDCR 18-3-303.2(j)

II. Limited Registration Suspension. The registrations of all vehicles owned by a person who has been convicted of reckless driving involving a personal injury must be suspended until the offender gives and maintains proof of financial responsibility. D.C. Code §§50-1301.37(a) & 50-1301.38

III. Assessment. Serious traffic law offenders are required to pay an assessment of $50 (mandatory) to $250 which is used to finance the Crime Victim’s Compensation Fund. D.C. Code §4-516(a) & Parrish v. District of Columbia, 718 A.2d 133 (D.C. 1998)

Commercial Motor Vehicle (CMV) Operators6 :

Grounds for Disqualification : A person is disqualified from operating a CMV if while driving such a vehicle he/she commits 2 or more "serious traffic violations"7 within a 3-year period. D.C. Code §50-406(a)(4) and CDCR 18-13-1306.1(d) & 18-13-1306.3

Period of Disqualification8 : 2 serious violations (within 3 years)-60 days. 3 serious violations (within 3 years)- 120 days. CDCR 18-13-1306.8

Period of Mandatory Disqualification : 2 serious violations (within 3 years)- 60 days. 3 serious violations (within 3 years)- 120 days. CDCR 18-13-1306.8


1 CDCR 18-26-2600.1 does not contain a specific fine sanction for a violation of CDCR 18-22-2201.3 (Failure to Drive in the Right Lane if Driving at Less than the Normal Speed). Note: Unless modified via regulations promulgated via the D.C. mayor, fines for traffic offenses are equal to the collateral or bond schedule established by the superior court for such offenses. D.C. Code §50-2301.05(a)(1)

2 For speed £ 10 MPH over the limit, the fine is $30. For speed ³ 11 MPH but £ 15 MPH over the limit, the fine is $50. For speed ³ 16 MPH but £ 20 MPH over the limit, the fine is $100. For speed ³ 21 MPH but £ 25 MPH over the limit, the fine is $150. For speed >25 MPH over the limit, the fine is $200. CDCR 18-26-2600.1

3 Point System: Under the point system, a person's license can either be suspended if he/she accumulates 8 points (16 points for drivers who operate motor vehicles for employment purposes) or be revoked if 12 points are accumulated. The following points are assessed for speeding and other speed related traffic law violations: Reckless driving-12 points; speeding in excess of the posted speed limit by 21 MPH or more-5 points; speeding in excess of the posted speed by 16 to 20 MPH-4 points; and speeding in excess of the posted speed limit by 11 to 15 MPH-3 points. CDCR 18-3-303.2(b), (c) & (d), 18-3-303.3, 18-3-303.4 and 18-3-303.5

4 The licensing agency has discretionary authority to either suspend or revoke a person's license for this offense. CDCR 18-3-302.3

5 77 Full Time and Attention: A person commits a moving traffic violation if he/she does not “give full time and attention to the operating of the vehicle.” CDCR 18-22-2213.4. There is a civil fine of $25 for a violation of this provision. CDCR 18-26-2600.1. A person is also subject to licensing action via the point system. See Footnote No. 3.

6 A 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 ³ 26,001 lbs., is designed to transport more than 15 persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. D.C. Code §50-401(3)

7 The term "serious traffic violation" is includes exceeding the speed limit by 15 or more MPH or reckless driving. CDCR 18-13-1306.3(a) & (b)

8 8 0 Under D.C. Code §50-406(b), these disqualification (suspension) periods could be increased to 1 year for a first violation and up to life for subsequent ones.

JURISDICTION: DELAWARE

This chapter summarizes Delaware State statutes related to speed.

General Reference: Delaware Code Annotated and Code of Delaware Regulations

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 without having regard to the actual and potential hazards then existing. Speed shall be so controlled as to avoid a collision. Title 21, §4168(a)

Statutory Speed Limit: 65 MPH on “all portions of Delaware State Route 1 located between the Red Lion Creek and the Appoquinimink River.” Any speed in excess of this limit is “absolute evidence” that the speed is “not reasonable or prudent and that it is unlawful.” Title 21, §4169(d)

55 MPH on 4 lane roadways and divided highways. Title 21, §4169(a)(1)e

50 MPH on 2 lane roadways. Title 21, §4169(a)(1)d

25 MPH in either a business or residential district. Title 21, §4169(a)(1)a & (a)(1)b

20 MPH at school crossings where signs are in effect during specific time periods. Title 21, §4169(a)(1)c

Posted (Maximum) Speed Limit: I Based on engineering studies and traffic investigations, the State Department of Transportation may increase or decrease the above speed limits on any particular portion of a highway.1 Title 21, §4169(b)

II. Based on engineering studies and traffic investigations, local authorities, within their respective jurisdictions, may increase or decrease the above speed limits on any particular portion of a highway. However, the alteration of speed limits on State maintained highways requires the approval of the Department of Public Safety. Title 21, §4170

Minimum Speed Limit: I. A person shall not operate a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. Title 21, §4171(a)

II. A person driving at less than the normal speed of traffic shall drive in the right-hand lane then available

for traffic or as close as practicable to the right-hand curb or edge of the roadway. Title 21, §4114(b)

Posted (Minimum) Speed Limit: A minimum safe speed limit on a highway (or a part thereof) may be established. Title 21, §4171(b)

Other: No person shall exceed the maximum posted speed limit which has been established for any bridge or elevated structure. Title 21, §4173(a)

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Misdemeanors. Title 11, §233(c) and

Title 21, §§4168, 4169, 4170, 4171, 4173 & 4205(a)

Other: N/A

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): I. Sanctions for Violating Speed Rules Except as Noted Below: 1st offense- None Subsequent offense (within 12 months)-10 to 30 days Title 21, §4205(a)

II. Sanctions for Violating Maximum or Posted Maximum Speed Limits (Title 21, §4169 Violations): 1st offense- None Subsequent offense (within 24 months)-10 to 30 days Title 21, §4169(c)(1)

Mandatory Minimum Term: None

Fine:

Amount ($ Range): I. Sanctions for Violating Speed Rules Except as Noted Below: 1st offense-$25 to $115 Subsequent offense (within 12 months)-$57.50 to $230 Title 21, §4205(a)

II Sanctions for Violating Maximum or Posted Maximum Speed Limits (Title 21, §4169 Violations): 1st offense- $20 Subsequent offense (within 24 months)-$25 Title 21, §4169(c)(1)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: Defensive Driving Course

Other: Additional Fines: The following additional fines apply for exceeding the maximum or maximum posted speed limit under Title 21, §4169.

I. Exceeding the speed limit by >5 MPH but <16 MPH- 1st offense-$1 per MPH over the speed limit Subsequent offense-$2 per MPH over the speed limit Title 21, §4169(c)(2)

II. Exceeding the speed limit by >15 MPH but <20 MPH- 1st offense-$2 per MPH over the speed limit Subsequent offense-$3 per MPH over the speed limit

Sanctions Following an Adjudication of a Speed Law Violation :

Other Penalties: Title 21, §4169(c)(3)

(continued) III. Exceeding the speed limit by >19 MPH- 1st offense-$3 per MPH over the speed limit Subsequent offense-$4 per MPH over the speed limit Title 21, §4169(c)(4)

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension2 Title 21, §§302 & 27333

Term of License Withdrawal

(Days, Months, Years, etc.): Not more than 1 year

Mandatory Minimum Term of

Withdrawal: The suspensions either under the Point System or for excessive speeding appear to be mandatory.

Miscellaneous Sanctions

Not Included Elsewhere: N/A

Other Criminal Actions Related to Speeding :

Racing on Highway4 : Misdemeanor. Title 11, §233(c) & Title 21, §4172

Sanctions:

Criminal Sanction:

Imprisonment (Term): 1st offense-10 to 30 days. Subsequent offense- 15 to 60 days. Title 21, §4172(d)

Mandatory Minimum Term: None

Fine ($ Range): 1st offense-$25 to $200. Subsequent offense- $50 to $400. Title 21, §4172(d)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension. Title 21, §4172(d)

Length of Term of

Licensing Withdrawal: 1st offense-Not more than 6 months. Subsequent offense-1 year. Title 21, §4172(d)

Mandatory Action‑‑Minimum

Length of License

Other Criminal Actions Related to Speeding :

(continued)

Withdrawal: 1st offense-1 month.5 CDR 73-600-045y Subsequent offense- 1 year6 Title 21, §4172(d)

Other: N/A

Reckless Driving: Misdemeanor. Title 11, §233(c) & Title 21, §4175(a)

Sanction:

Criminal:

Imprisonment (Term): 1st offense-10 to 30 days. Subsequent offense (within 3 years)- 30 to 60 days. Title 21, §4175(2)

Mandatory Minimum Term

of Imprisonment: 1st offense-None.7 Subsequent offense (within 3 years)-30 days. Title 21, §4175(2)

Fine ($ Range): 1st offense-$100 to $300. Subsequent offense (within 3 years)- $300 to $1,000. Title 21, §4175(2)

Mandatory Minimum Fine: 1st offense-$100.8 Subsequent offense (within 3 years)- $300. Title 21, §4175(2)

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via the Point System

Length of Term of License

Withdrawal Action: Not more than 1 year

Mandatory Term of License

Withdrawal Action: The suspensions under the Point System appear to be mandatory.

Other: N/A

Careless9 or Inattentive Driving10 : Misdemeanor. Title 11, §233(c) and Title 21, §4176(a) & (b)

Sanction:

Criminal:

Imprisonment (Term): 1st offense-None. Subsequent offense (within 3 years)-10 to 30 days. Title 21, §4176(c)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): 1st offense-$25 to $115. Subsequent offense (within 3 years)-$50 to $230. Title 21, §4176(c)

Mandatory Minimum Fine: None

Other Criminal Actions Related to Speeding :

(continued)

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via the Point System

Length of Term of License

Withdrawal Action: Not more than 1 year

Mandatory Term of License

Withdrawal Action: The suspensions under the Point System appear to be mandatory.

Other:

Aggressive Driving11 : Misdemeanor. Title 11, §233(c) & Title 21, §4175A

Sanction:

Criminal:

Imprisonment (Term): 1st offense-10 to 30 days. Subsequent offense (within 3 years)- 30 to 60 days. Title 21, §4175A(c)

Mandatory Minimum Term

of Imprisonment: 1st offense-10 days. Subsequent offense (within 3 years)- 30 days. The law provides that an offender’s sentence cannot be suspended. Title 21, §4175A(c)

Fine ($ Range): 1st offense-$100 to $300. Subsequent offense (within

3 years)-$300 to $1,000. Title 21, §4175A(c)

1st offense- $100. Subsequent offense (within 3 years)

Mandatory Minimum Fine: $300. The law provides that an offender’s sentence cannot be suspended. Title 21, §4175A(c)

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): None. However, since an offender may be prosecuted for and convicted of the underlying offenses, he/she is subject to licensing action associated with violating such offenses.

Length of Term of License

Withdrawal Action: N/A

Mandatory Term of License

Withdrawal Action: N/A

Other: I. An offender must complete a course of instruction on behavioral modification or attitudinal driving. Title 21, §4175A(d)

II. An aggressive driving law violator may also be

prosecuted for and convicted of the underling offenses. Title 21, §4175A(e)

Commercial Motor Vehicle (CMV) Operators12 :

Grounds for Disqualification : A person is subject to CDL disqualification if, while driving a CMV, he/she (1) commits 2 "serious traffic violations"13 within a 3-year period or (2) commits 3 such violations within a 3-year period. Title 21 §2612(e)

Period of Disqualification : 2 serious violations (within 3 years)-60 days. 3 serious violations (within 3 years) - 120 days. Title 21 §2612(e)

Period of Mandatory Disqualification : 2 serious violations (within 3 years)-60 days. 3 serious violations (within 3 years) - 120 days. Title 21 §2612(e)

1 This 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. Title 21, §4169(b)

2 Point System: I. If an offender accumulates 12, 14, 16, 18, 20 or >20 points, his/her license is suspended respectively for 2, 4, 6, 8, 10 or 12 months. II. The following points are assigned for speeding and speed related violations: one (1) to 9 MPH over the posted limit-2 points; 10 to 14 MPH over the limit-4 points; 15 to 19 MPH over the limit-5 points; ³ 20 MPH over the limit-5 points; reckless driving and aggressive driving-6 points; other violations-2 points. III. If an offender completes a defensive driving course, the suspension period may be reduced by 1 or 2 months. However, the minimum period of suspension is 1 month. CDR 73-600-045

Additional Suspensions: I. For exceeding the speed limit by ³ 25 MPH, a 2 month suspension plus a 1 month for each additional 5 MPH over the initial 25 MPH. II. For exceeding the speed limit by ³ 90 MPH, suspension for 1 year. CDR 73-600-045

3 Title 21, §2733 authorizes the Department of Public Safety to suspend a person's license based on whether such person is either an habitual, reckless or negligent driver.

4 Title 21, §4172(a) prohibits a person from racing, speed competitions, speed contests, drag racing or acceleration contests, et al. Title 21, §4172(b) prohibits a person from accelerating or trying to accelerate a vehicle at a rate of speed which causes the drive wheels to spin or slip on the road surface.

5 In the case of a wheel spinning offense, there is no licensing sanction for a first offense. However, the mandatory 1 year suspension applies for subsequent offenses. CDR 73-600-045

6 Given the language used in Title 21, §4172(d), this sanction appears to be mandatory.

7 The law provides that for a first offense the imprisonment sanction can be suspended. As a result, it would seem that the minimum incarceration sanction for subsequent offenses is mandatory. Title 21, §4175(b)

8 Except for incarceration for a first offense, the law provides that the sanctions for reckless driving cannot be suspended. As a result, it would seem that the minimum fine sanction for either a first or subsequent offenses is mandatory. Title 21, §4175(b)

9 Careless Driving: Operating "a vehicle in a careless or imprudent manner, or without due regard for road, weather and traffic conditions then existing...." Title 21, §4176(a)

10 Inattentive Driving: Operating a vehicle while either failing "to give full time and attention to the operation of the vehicle" or failing "to maintain a proper lookout while operating the vehicle." Title 21, §4176(b)

11 9 1 "No person shall drive any vehicle in an aggressive manner....” Title 21, §4175A(a) Aggressive Driving is defined as continuous conduct which violates three or more of the following rules-of-the-road: (1) Failing to obey a traffic-control device (Title 21, §4107); overtaking on the right (Title 21, §4117); failing to drive within a marked lane for traffic (Title 21, §4122); following too closely (Title 21, §4123); failing to yield the right-of-way to approaching traffic when turning left (Title 21, §4132); failing to yield to approaching traffic when entering or crossing a roadway (Title 21, §4133); failing to signal when turning or stopping (Title 21, §4155); failing to stop at stop signs or yield at yield signs (Title 21, §4164); overtaking and passing a stopped school bus with flashing lights (Title 21, §4166(d)); failing to obey the basic speed rule (Title 21, §4168); and, failing to a obey a posted speed limit (Title 21, §4169). Title 21, §4175A(b)

12 A 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 ³ 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. Title 21 §2603(6)

13 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. Title 21 §2603(22) & 49 CFR 383.5

JURISDICTION: FLORIDA

This chapter summarizes Florida State statutes related to speed.

General References: Florida Statutes Annotated and Florida Administrative Code (FAC)

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 then existing. §316.183(1) & (4)

Statutory Speed Limit: 70 MPH on limited access highways.1 §316.187(2)(a)

See Other below. 55 MPH in all locations except as noted. §316.183(2)

30 MPH2 in business and residence districts. §§316.183(2) & 316.189(2)(a)

Posted (Maximum) Speed Limit: I. After engineering and traffic investigations, the State or local governments (within their jurisdictions) may increase or decrease the statutory speed limit on a highway.3 However, the State cannot establish a speed limit >70 MPH and local jurisdictions cannot establish a maximum speed limit >60 MPH. §316.187(1) & (2)(c) and 316.189(1) & (2)(b)

II. Under separate statutory authority, the State Department of Transportation or a local government may reduce the speed limits otherwise proscribed by law on any highway (or part thereof) or bridge. Such action must be based on the need to avoid damage to such highway or bridge due to either its design or to weather related conditions. §316.555. Note: Under such authority, it may be possible to provide for different speeds for different types of vehicles.

Minimum Speed Limit: I. No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic. §316.183(5)

II. The minimum speed limit on Interstate and Defense Highways, with at lest 4 lanes, is 40 MPH. §316.183(2)

III. A person driving at less than the normal speed of traffic shall drive in the right-hand lane then available

for traffic or as close as practicable to the right-hand curb or edge of the roadway. §316.081(2)

Basis for a Speed Law Violation

(continued)

Posted (Minimum) Speed Limit: I. After engineering and traffic investigations, the State or local governments (within their jurisdictions) may establish a minimum speed limit for a highway. §§316.187(2)(d) & 316.189(3) Note: via signs, “specified traffic” (i.e. slower moving traffic) may be directed to use designated lanes. §316.089(3)

II. Based on safety consideration, the State or a local government may prohibit the operation of “low speed vehicles” on the roads under their respective jurisdictions. §316.2122(5). A “low speed vehicle” is defined as “any four-wheeled electric vehicle whose top speed is greater then 20 miles per hour but not greater than 25 miles per hour....” §320.01(42)

Other: I. No school bus shall exceed the posted speed limit or 55 MPH. §316.183(3)

II. No person shall exceed the posted speed limit in a work zone. §316.183(6)

III. No person shall exceed the posted speed limit in a school zone.4 §316.1895(10)

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Non-criminal Traffic Infractions (Moving Violations). §§316.183(7), 316.187(3), 316.189(4), 316.1895(9), 316.655(1), 318.13(3) & 318.14(1)

Other:

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years, Etc.): None

Mandatory Minimum Term:

Fine:

Amount ($ Range): I. Exceeding the Speed Limit where the offense is not adjudicated-Civil Penalty5-$25 to $250 depending upon the extent of the violation6 §318.18(3)(b)

Sanctions Following an Adjudication of a Speed Law Violation

(continued)

II. Other Speed Law Violations where the offense is not adjudicated-Civil Penalty-$60 §318.18(3)(a)

III. Any Speed Law Violation where the offender elects adjudication7-Not more than $500. However, the fine limit is not more than $1,000 in situations where there was unlawful speeding in either a school or construction zone. §318.14(5)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School : A person may be required to attend a driver improvement school.8 §318.14(5) & (9)

Other: N/A

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension either via the Point System9 or Suspension/Revocation via the courts10 §§316.655(2) & 322.27(3)

Term of License Withdrawal

(Days, Months, Years, etc.): 30 days to 1 year depending upon the number of points that have been accumulated. §322.27(3)(a), (b) & (c)

Mandatory Minimum Term of

Withdrawal: None11

Miscellaneous Sanctions

Not Included Elsewhere: If a speeding offense caused the death of another person, the offender may be required to perform 120 hours of community service. §§316.027(4) & 318.14(1)

Other Criminal Actions Related to Speeding :

Racing on Highway 12: Misdemeanor in the Second Degree. A subsequent violation within 5 years is a Misdemeanor in the First Degree. §316.191(2)

Sanctions:

Criminal Sanction:

Imprisonment (Term): 1st offense-not more than 60 days. Subsequent offenses (w/n 5 years)-

not more than 1 year. §§316-191(2)(a) & (b) & 775.082(4) (a) & (b)

Mandatory Minimum Term: None

Fine ($ Range): 1st offense-$250 to $500. Subsequent offenses (w/n 5 years)-$500 to $1,000. §§316.191(2)(a) & 775.083 (1) (d) & (e).

Mandatory Minimum Fine: 1st offense-$250. Subsequent offenses (w/n 5 years)-$500. §§316.191(2)(a) & 775.083 (1) (d) & (e).

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Revocation via the courts. §§316.191(2)(a) & 316.655(2)

Length of Term of

Licensing Withdrawal: 1st offense-1 year. Subsequent offenses (w/n 5 years)-2 years. §316.191(2)(a)

Mandatory Action‑‑Minimum

Length of License

Withdrawal: 1st offense-1 year. Subsequent offenses (w/n 5 years)-2 years. §316.191(2)(a)

Other: I. A person may be required to attend a driver improvement school. §§316.655(3) & 318.14(5) & (9) .

II. If the offense caused the death of another person, the

offender may be required to perform 120 hours of

community service. §§ 316.027(4) & 318.14(1)

III. The court may impound or immobilize the vehicle used in the offense. §316.191(3)

Reckless Driving13 : Misdemeanor (Moving Violation). §§316.192, 316.655(1), 318.13(3), 775.08(2) & 775.081(2) Note:

Reckless Driving

(continued) The law is not clear as to whether this is either 1st or 2nd Degree Misdemeanor.

Sanction:

Criminal:

Imprisonment (Term): 1st offense-Not more than 90 days. Subsequent offense-Not more than 6 months. §316.192(2)(a) & (b)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): 1st offense-$25 to $500. Subsequent offense-$50 to $1,000. §316.192(2)(a) & (b)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via the Point System or Suspension/Revocation via the courts §§316.655(2) & 322.27(3) 3rd offense-Revocation §322.26(6)

Length of Term of License

Withdrawal Action: 30 days to 1 year depending upon the number of points that have been accumulated. §322.27(3)(a), (b) & (c) 3rd offense-1 year §322.28(1)

Mandatory Term of License

Withdrawal Action: None

Other: I. 1st or subsequent offense-A fee of $5 is imposed for the purpose of funding the Emergency Medical Services Trust Fund. §316.192(4)

II. 1st or subsequent offense-If alcohol or chemical/controlled substances contributed to the violation, the offender must complete an “psychosocial evaluation” as proved under §316.193(5). The offender

may be referred to a substance abuse treatment program. §316.192(5)

Careless Driving14 : Non-criminal Traffic Infraction (Moving Violation). §§316.1925, 316.655(1), 318.13(3) & 318.14(1)

Sanction:

Criminal:

Imprisonment (Term): None

Mandatory Minimum Term

of Imprisonment:

Fine ($ Range): I. For Non-Adjudication Offenses-Civil Penalty 5-$60. §318.18(3)(a) See Footnote No. 8.

II. For Adjudication Offenses 7-Not more than $500. §318.14(5)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via the Point System or Suspension/Revocation via the courts. §§316.655(2) & 322.27(3)

Length of Term of License

Withdrawal Action: 30 days to 1 year depending upon the number of points that have been accumulated. §322.27(3)(a), (b) & (c) 3rd offense-1 year. §322.28(1)

Mandatory Term of License

Withdrawal Action: None

Other: I. A person may be required to attend a driver improvement school. §§316.655(3) & 318.14(5) & (9).

II. If the offense caused the death of another person, the offender may be required to perform 120 hours of community service. §§316.027(4) & 318.14(1)

Commercial Motor Vehicle (CMV) Operators15 :

Grounds for Disqualification : A person is disqualified from operating a CMV if while driving such a vehicle he/she either (1) commits 2

"serious traffic violations"16 within a 3 year period or

(2) commits 3 such violations within a 3 year period. §322.61(1) & (2)

Period of Disqualification : 2 serious violations (within 3 years)-60 days. 3 serious violations (within 3 years)-120 days. §322.61(1) & (2)

Period of Mandatory Disqualification : 2 serious violations (within 3 years)-60 days. 3 serious violations (within 3 years)-120 days. §322.61(1) & (2)

1 Other provisions of law establish the maximum speed limit of 65 MPH on any other highway which has 4 lanes that are divided by a median strip and which are located outside of urban areas with populations ³ 5,000. §316.187(2)(b)

2 After an investigation, local authorities may establish a maximum speed limit of 20 MPH or 25 MPH in residence districts. §316.183

3 The State Department of Transportation or a local government may “regulate” any class or size of motor vehicle, trailer or semi-trailer upon any part of a highway under their respective jurisdictions when in their judgments such action is needed for public safety due to “traffic density” or “intensive use” of such highway. §316.555. Note: Such “regulation” could include the establishment of special speed limits for certain classes or types of vehicles on certain segments of a highway.

4 A school zone speed limit cannot be more than 20 MPH. Such limit may only be in force 30 minutes before, during and after students are arriving or leaving a regularly scheduled school session. §316.1895(5)

5 i.e., this sanction is imposed on violators who elect not have a hearing.

6 I. For exceeding the speed limit from 1 to 5 MPH, a warning is issued. For exceeding the speed limit from 6 to 9 MPH, the fine is $25. For exceeding the speed limit from 10 to 14 MPH, the fine is $100. For exceeding the speed limit from 15 to 19 MPH, the fine is $125. For exceeding the speed limit from 20 to 29 MPH, the fine is $150. And, for exceeding the speed limit by 30 MPH, the fine is $250. §318.18(3)(b). II. For exceeding the speed limit in a school zone £ 5MPH, the fine is $50. Otherwise, for exceeding the speed limit in a school zone, the assessed fine is double the amount indicated in I. §318.18(3)(c) III. For exceeding the speed limit in a construction zone (except for speeds £ 5 MPH over the posted speed limit), the assessed fine is double the amount indicated in I. §318.18(3)(d)

7 Sanction or sanctions that can be imposed if an offender elects to adjudicate the traffic offense. §318.14(5)

8 I. A person who commits a non-criminal traffic infraction may, in lieu of a court appearance, elect to attend a driver improvement course. If such occurs, adjudication is withheld and points cannot be assessed against the person's driving record. In addition, the civil penalty imposed under §318.18(3) must be reduced by 18 percent. §318.14(9). II. If an offender elects to adjudicate the traffic infraction, he/she still may be ordered to attend such a course. §318.14(5)

9 Point System: I. A person's license is suspended respectively for either (1) not more than 30 days, (2) not more than 3 months or (3) not more than 1 year if he/she accumulates either (1) 12 points within 12 months, (2) 18 points within 18 months, or (3) 24 points within 36 months. §322.27(3)(a), (b) & (c). II. The following points are assessed for speed related moving traffic violations: 3 points for exceeding the speed limit by <15 MPH; 4 points for exceeding the speed limit by >15 MPH; 6 points for unlawful speed that results in an accident; 4 points for reckless driving; 3 points for careless driving; and 3 points for racing on the highways; §322.27(3)(d)(1), (3), (5)(a) & (b), and (6)

10 In addition to any action that may be taken by the licensing agency, the court has the authority to suspend or revoke a driver's license if the court determines that there exists a need to protect persons who use the highways. In determining whether to take such action, the court considers among other things the extent or nature of the violation and whether, as a result of the violation there was a death, personal injury or property damage. §316.655(2). Note: This provision does not provide for specific license suspension or revocation periods. However, under §322.28(1), the licensing agency can only suspend or revoke a license for 1 year. In addition, the licensing agency may be able to issue driving privileges for employment purposes under §322.271.

11 The licensing agency may modify either a suspension or revocation order and allow an offender to operate a motor vehicle for employment purposes. §322.271 and FAC §15A-1.019

12 "No person shall drive 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" on a highway or street. §316.191(2)(a)

13 106 I. A person commits a 1st Degree Misdemeanor if the reckless driving offense resulted in damage to the property or person of another. The sanctions for this offense are imprisonment for not more than 1 year and a fine of not more than $1,000. License action is the same as for any reckless driving offense.§§316.191(2)(a), 775.082(4)(a) & 775.083(1)(d). II. A person commits a 3rd Degree Felony if the reckless driving offense resulted in serious bodily injury to another person. The sanctions for this offense are imprisonment for not more than 5 years and a fine of not more than $5,000. License action is the same as for any reckless driving offense. §§316.192(3)(c)(2), 775.082(3)(d) and 775.083(1)(c) III.A person commits a 2nd Degree Felony if he/she attempts to elude a law enforcement officer who is operating a marked patrol vehicle with siren and lights activated and the person drives either (1) at a high speed or (2) “in any manner which demonstrates a wanton disregard for the safety of persons or property....” The sanctions for this offense are imprisonment for not more than 15 years, a fine of not more than $10,000 and license revocation for not more than 1 year. §§316.1935(3) & (5), 775.082(3)(c) and 775.083(1)(b)

14 A person shall operate a vehicle "in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person." §316.1925(1)

15 A 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 ³ 26,001 lbs., is designed to transport more than 15 persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. §322.01(8)

16 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH, reckless driving or careless driving. §322.61(1)(b), (c) & (e)

JURISDICTION: GEORGIA

This chapter summarizes Georgia Statute statutes related to speed.

General Reference: Code of Georgia Annotated (Code of 1981)

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 for the actual and potential hazards than existing. §40-6-180

Statutory Speed Limit: 70 MPH1 on interstate system or on physically divided highways

outside of urban areas with a population ³ 50,000. §40-6-181(b)(2)

65 MPH on the interstate system inside urban areas with a population ³ 50,000. §40-6-181(b)(3)

65 MPH on State divided highways without full access control. §40-6-181(b)(4)

55 MPH on other locations. §40-6-181(b)(5)

30 MPH in urban or residential district. §40-6-181(b)(1)

35 MPH on unpaved county road. §40-6-181(b)(1.1)

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, either the State Commissioner of Public Safety or the Commissioner of Transportation may lower the above speed limits on any highway.2 §40-6-182

II. Based on engineering and traffic investigations, local governments within their jurisdictions may lower the maximum speed limit on any highway. However, such limit shall neither be less than 30 MPH outside an urban or residential district nor less than 25 MPH within such districts. §40-6-183(a)

III. The State or local government within its jurisdiction may establish a maximum speed limit in a construction zone. §40-6-188

Minimum Speed Limit: I. No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. §40-6-184(a)(1)

II. Except when turning left, a person shall not drive in the left lane of a highway with at least 4 lanes at less than the maximum speed limit.3 §40-6-184(a)(2)

Basis for a Speed Law Violation : (continued)

III. A person driving at less than the normal speed of traffic shall drive in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway. §40-6-40(b)

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State or local government within its jurisdiction may establish a minimum speed limit on any highway. §40-6-184(b). Note: Via signs, “specified traffic” (e.g., slower moving traffic, buses or trucks) may be directed to use designated lanes. §40-6-48(4)

Other: A school bus shall not be operated at a speed >40 MPH or >55 MPH on interstate/defense highway system while transporting children to and from school activities.4 §40-6-160(a)

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: Except as Noted, All Speed Law Violations are Misdemeanors. §40-6-1(a).

Other: Speeding in a Construction Zone is a Misdemeanor of a High and Aggravated Nature. §40-6-188(e)

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): Speed Law Violations-None §40-6-1(b)

Speeding in a Construction Zone-Not more than 12 months §40-6-188(c)

Mandatory Minimum Term: None

Fine:

Amount ($ Range): Speed Law Violations-≥5 but ≤10 MPH over limit-$25; >10 but ≤14 MPH over limit-$100; >14 but <19 MPH over limit-$125; ≥19 but<24 MPH over limit-$150; ≥24 but <34 MPH over limit-$500.5 §40-6-1(b)

Speeding in a Construction Zone -$100 to $2,000 5 §40-6-188(c)

Mandatory Min. Fine ($): None

Other Penalties:

Sanctions Following an Adjudication of a Speed Law Violation :

(continued)

Traffic School: A driver may be required to attend a driver improvement course.6 §40-5-57(c)(1)(C)

Licensing Action:

Type of Licensing Action

(Susp/Rev): (continued) Suspension via the Point System7 §40-5-57

Licensing Action:

Type of Licensing Action

(Susp/Rev): (continued) Persons Under 21 Years Old: A person <21 years old who is convicted of a speeding offense with an assigned point value of ³ 4 points is subject to suspension. §40-5-57.1(a), (b)(1) & (d)

Term of License Withdrawal

(Days, Months, Years, etc.): 1 to 5 years depending on the number of points that have been accumulated. §40-5-57(d)

Persons Under 21 Years Old who are subject to suspension: 1st offense-6 months; 2nd or subsequent offense-12 months. A person's license cannot be reinstated until he/she has completed a defensive driver program. §40-5-57.1(a), (b)(1) & (d)

Mandatory Minimum Term of Withdrawal: 2 years upon reaching the requisite point assessment for the third time within 5 years8 §40-5-57(d)(3)

Persons Under 21 Years Old who are subject to revocation. 1st offense- 6 months; 2nd or subsequent offense- 12 months. §40-5-57.1(a), (b)(1) & (d)

Miscellaneous Sanctions

Not Included Elsewhere: N/A

Other Criminal Actions Related to Speeding :

Racing on Highway9 : Misdemeanor. §40-6-186(b) & (c)

Sanctions:

Criminal Sanction:

Imprisonment (Term): Not more than 12 months. §17-10-3(a)(1)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): Not more than $1,000. §17-10-3(a)(1)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension. §§40-5-54(a)(4) & 40-6-186(c). Suspension via the Point System. §40-5-57

Persons Under 21 Years Old: Suspension. §40-5-57.1(a), (b)(1) & (d)

Length of Term of

Licensing Withdrawal: 12 months. §40-6-186(c). Via the Point System 1 to 5 years depending on the number of points that have been accumulated. §40-5-57(d)

Persons Under 21 Years Old: 1st offense-6 months. 2nd or subsequent offense-12 months. A person's license cannot be reinstated until he/she has completed a defensive driver program. §40-5-57.1(a), (b)(1) & (d)

Mandatory Action‑‑Minimum

Length of License

Withdrawal: 12 months.10 If via the Point System-2 years upon reaching the requisite point assessment for the third time within 5 years. §40-5-57(d)(3)

Persons Under 21 Years Old: 1st offense-6 months. 2nd or subsequent offense-12 months. §40-5-57.1(a), (b)(1) & (d)

Other: A driver may be required to attend a driver improvement course. §40-5-57(c)(1)(C)

Reckless Driving11 : Misdemeanor. §40-6-390(a) & (b)

Sanction:

Criminal:

Imprisonment (Term): Not more than 12 months. §40-6-390(b)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): Not more than $1,000. §40-6-390(b)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via the Point System §40-5-57

Persons Under 21 Years Old. Suspension. §40-5-57.1(a), (b)(1

Length of Term of License

Withdrawal Action: 1 to 5 years depending on the number of points that are accumulated. §40-5-57(d)

Persons Under 21 Years Old: 1st offense-6 months. 2nd or subsequent offense-12 months. A person's license cannot be reinstated until he/she has completed a defensive driver program. §40-5-57.1(a), (b)(1) & (d)

Mandatory Term of License

Withdrawal Action: 2 years upon reaching the requisite point assessment for the third time within 5 years. §40-5-57(d)(3)

Persons Under 21 Years Old: 1st offense-6 months. 2nd or subsequent offense-12 months. §40-5-57.1(a), (b)(1) & (d)

Other: A driver may be required to attend a driver improvement course. §40-5-57(c)(1)(C)

Driving in Circular or Zigzag Course

(Laying Drags)12 : Misdemeanor. §40-6-251(a) & (d)

Sanction:

Criminal:

Imprisonment (Term): Not more than 12 months. §17-10-3(a)(1)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): Not more than $1,000. §17-10-3(a)(1)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action (Susp/Rev): Suspension via the Point System. §40-5-57

Length of Term of License

Withdrawal Action: 1 to 5 years depending on the number of points accumulated. §40-5-57(d)

Mandatory Term of License

Withdrawal Action: 2 years upon reaching the requisite point assessment for the third time within 5 years. §40-5-57(d)(3)

Other: A driver may be required to attend a driver improvement course. §40-5-57(c)(1)(C)

Aggressive Driving13 : Misdemeanor of a High and Aggravated Nature. §40-6-397(a) & (b)

Sanction:

Criminal:

Imprisonment (Term): Not more than 12 months. §17-10-4(a)

Mandatory Minimum Term

of Imprisonment: None

Fine ($Range): Not more than $5,000. §17-10-4(a)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action (Susp/Rev): Suspension via the Point System. §40-5-57

Length of Term of License

Withdrawal Action: 1 to 5 years depending on the number of points accumulated. §40-5-57(d)

Mandatory Term of License

Withdrawal Action: 2 years upon reaching the requisite point assessment for the third time within 5 years. §40-5-57(d)(3)

Other: A driver may be required to attend a driver improvement course. §40-5-57(c)(1)(C)

Commercial Motor Vehicle (CMV) Operators14 :

Grounds for Disqualification : A person is disqualified from operating a CMV if, while driving such a vehicle, he/she (1) commits 2 "serious traffic violations"15 within a 3 - year period or

(2) commits 3 such violations within a 3 - year period. §40-5-151(f)

Period of Disqualification : 2 serious violations (within 3 years)-Not less than 60 . 3 serious violations (within 3 years)-Not less than 120 days. §40-5-151(f)

1 Provided speed limit signs designating this speed limit have been posted on the highway.

2 This includes the establishment of different highway speed limits either (1) at different times of the day, (2) for various weather conditions or (3) for other factors bearing on safe speeds. §40-6-182. Note: The law does not specifically allow State authorities to establish different speed limits for different types of vehicles.

3 This only applies if the diver is aware that he/she is being overtaken in the left lane by vehicles traveling at a greater rate of speed.

4 There is an exception. A school bus may be operated on public roads or interstate highways at a speed >55 MPH provided the vehicle is transporting children to and from an event or school activities and is not loading or unloading children during the transportation. §40-6-160(b)

5 An additional fine equal to 5% of the original fine is imposed and deposited into the Peace Officer's Annuity and Benefit Fund. §15-21-131

6 If a driver attends a driver improvement course after the issuance of the citation but before he/she makes a court appearance, the court shall reduce the fine by 20 percent and the licensing agency shall assess no points against the violator. This procedure is allowed only once in 5 years. §40-5-57(c)(1)(C)

7 Point System: I. A person's license is subject to suspension if he/she accumulates 15 or more points within a 24 month period. At the end of the suspension period, the point count is reduced to zero. Upon reaching the requisite point assessment for the first time, the license suspension is for 1 year. Upon reaching the requisite point assessment for the second time within 5 years, the license suspension is for 3 years. Upon reaching the requisite point assessment for the third time within 5 years, the license suspension is for 5 years; 2 years of this suspension period are mandatory. §40-5-57(c)(1)(B) & (d) II. The following points are assessed for speeding and speed related violations: Aggressive driving-6 points; reckless driving-4 points; exceeding the speed by >14 MPH but <19 MPH-2 points; exceeding the speed by >19 MPH but <24 MPH-3 points; exceeding the speed by >24 MPH but <34 MPH-4 points; exceeding the speed by >34 MPH-6 points; §40-5-57(c)(1)(A). III. A person >18 years old is subject to the following license suspensions if he/she accumulates 4 or more points within 12 months: For a 1st suspension-6 months; for a 2ne suspension-12 months. §40-5-57.1(a) & (b).

8 I. Hardship License: A person may be issued a limited license for the purpose of (1) going to and from a place of employment or performing employment duties, (2) receiving medical care or obtaining medications, or (3) attending educational institutions, alcohol/drug abuse support groups or a court ordered driver improvement course. §40-5-64. II. Early License Reinstatement: For a license suspension based upon reaching the requisite point assessment for the first time, the license may be reinstated immediately when the person completes a driver improvement course, or in 120 days upon completion of a defensive driving course. For a license suspension based upon reaching the requisite point assessment for the second time within 5 years, the license may be reinstated 120 days after the suspension date upon the completion of an "advanced" driver improvement course. §40-5-84

9 Racing on the highways includes "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...." §40-6-186(b)

10 I. Hardship License: A person may be issued a limited license for the purpose of either (1) going to and from a place of employment or performing employment duties, (2) receiving medical care or obtaining medications, or (3) attending educational institutions, alcohol/drug abuse support groups or a court ordered driver improvement course. §40-5-64. II. Early License Reinstatement: For a license suspension based upon a first offense, the license may be reinstated after 120 days upon the completion of a driver improvement course. And, for a license suspension based upon a second offense, the license may be reinstated after 120 days upon the completion of an "advanced" driver improvement course. §40-5-84(a) & (b)

11 1 20 Under a separate statute, a person is required to “exercise due care in operating a motor vehicle....” A violation of this requirement is a misdemeanor for which a person is subject to a jail term of not more than 12 months and/or a fine of not more than $1,000. In addition, they may be subject to license suspension via the point system; see Footnote No. 7. §§17-10-3(a)(1), 40-5-57, 40-6-1 & 40-6-241

12 This offense is defined as operating a "vehicle upon the streets, highways ... in such a manner as to create a danger to persons or property by intentionally and unnecessarily causing the vehicle to move in a zigzag or circular course or to gyrate or spin around,...." §40-6-251(a)

13 Aggressive driving is defined as operating a “motor vehicle with the intent to annoy, harass, molest, intimidate, injure, or obstruct another person, including without limitation violating Code Section 40-6-42 ( overtaking and passing), 40-6-48 (driving on roadways laned for traffic), 40-6-49 (following too closely), 40-6-123 (turning movements; signals required on turning; changing lanes, slowing or stopping), 40-6-184 (impeding traffic; minimum speed in left-hand lanes), 40-6-312 (operating motorcycle on roadway laned for traffic), or 40-6-390 (reckless driving) with such intent.” §40-6-397(a)

14 A 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 ³ 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 U.S. Department of Transportation regulations. §40-5-142(7)

15 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §40-5-142(22)

JURISDICTION: HAWAII

This chapter summarizes Hawaii State statutes related to speed.

General Reference: Hawaii Revised Statutes

Basis for a Speed Law Violation :

Basic Speed Rule: A person shall not drive a vehicle at a speed greater than is reasonable and prudent and having regard to the actual and potential hazards and conditions then existing. §§291C-101 & 291C-198(a)

Statutory Speed Limit: 35 MPH (58 kilometers per hour) for Mopeds1 §291C-198(b)

See Other below.

Posted (Maximum) Speed Limit: I. The State Director of Transportation may place signs establishing the maximum speed limit on any highway or “construction area” under the director's jurisdiction.2 §291C-102(b)

II. Local governments may establish maximum speed limits on streets, highways or “construction areas” under their jurisdiction. §291C-163(a)(5), (10), (15) & (23)

Minimum Speed Limit: A person driving at less than the normal speed of traffic shall drive in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway. §291C-41(b)

Posted (Minimum) Speed Limit: I. The Director of Transportation may place signs establishing the minimum speed limit on any highway. §291C-102(b)

II. Local governments may establish minimum speed limits on streets and highways under their jurisdiction. §291C-163(a)(5), (10), (15) & (23)

Other: I. A vehicle or combination of vehicles designed to operate at speed £ 25 MPH may be required to display a sign indicating that it is a slow moving vehicle. §291C-130

II. Bicycles and mopeds not traveling at the normal rate of speed "shall ride as near to the right side of the

roadway as practicable...." §§291C-145(a) & 291C-196(a)

III.A “neighborhood electric vehicle” cannot (1) be operated at a speed >25 MPH or (2), except for crossing,

Basis for a Speed Law Violation be driven on a highway with a posted speed limit >35 MPH.3 §291C-134(a) & (b)

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Traffic Infractions/Violations. §§291C-102(a), 291C-161(a), 291C-192(a), 291D-2 & 701-107(5)

Other: N/A

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): None

Mandatory Minimum Term:

Fine:

Amount ($ Range): 1st offense-Not more than $200. 2nd offense (within 1 year)-Not more than $300. 3rd or subsequent offense (within 1 year)-Not more than $500. §§291C-161(b) and 291D-9(a) & (b)4

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: A person may be required to attend a driver training course.5 §291C-161(e)

Other: In cases where the limit was exceeded by more than 10 MPH, a surcharge of $10 is imposed. §291C-102(c).

Licensing Action:

Type of Licensing Action (Susp/Rev): I. Court Ordered Suspension or Revocation via §286-125

II. Court Ordered Suspension or Revocation via §291C-170

Term of License Withdrawal

(Days, Months, Years, etc.): I. Under §286-126, the court is authorized to suspend a license for not more than 5 years or revoke a license. In the case of revocation, the licensing agency is not to grant driving privileges for 1 year.

II. Under §291C-170, the court is authorized to either suspend or revoke a license for 1 year.

Mandatory Minimum Term of

Withdrawal: None. Licensing action is discretionary. §§286-125, 286-128(b) & 291C-170

Miscellaneous Sanctions

Not Included Elsewhere: The court has the authority to order a temporary suspension of a person's license for a traffic infraction. §291D-12(4)

Other Criminal Actions Related to Speeding :

Racing on Highway6 : (1) Petty Misdemeanor or (2) If only Exhibition of Speed or Acceleration are Involved, Infraction (A Non Criminal Offense)7 §§291C-103, 291D-2 and 701-107(1, (4) & (5)

Sanctions:

Criminal Sanction:

Imprisonment (Term): Petty Misdemeanor-Not more than 6 months. §291C-103(e)

Infraction -None

Mandatory Minimum Term: None

Fine ($ Range): Petty Misdemeanor-Not more than $500. §291C-103(e)

Infraction -Not more than $500. §291C-103(e)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: I. Court Ordered Suspension or Revocation via §286-125

II. Court Ordered Suspension or Revocation via §291C-170

Length of Term of Licensing Withdrawal: I. Under §286-126, the court is authorized to either suspend a license for not than 5 years or revoke a license. In the case of revocation, the licensing agency is not to grant driving privileges for 1 year.

II. Under §291C-170, the court is authorized to either suspend or revoke a license for 1 year.

M andatory Action‑‑Minimum

Length of License

Withdrawal: None. Licensing action is discretionary. §§286-125 & 291C-170

Other: I. Infraction-Sentenced to Perform Community Service. §291C-103(e)

II. A person may be required to attend a driver - training course. §291C-161(e)

III. A fee of $25 that is paid into the Criminal Injuries Compensation Fund. §351-351

IV. Any offender who exceeds a speed limit by 30 MPH or more is subject to a fine of $2,000 and/or jail for 12 months, plus license suspension and forfeiture of the vehicle used. §291C-103(f)

Reckless Driving8 : Petty Misdemeanor. §§291-2 & 701-107(4)

Sanction:

Criminal:

Imprisonment (Term): Not more than 30 days. §291-2

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): Not more than $1,000. §291-2

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action (Susp/Rev): I. Court Ordered Suspension or Revocation via §286-125

II. Court Ordered Suspension or Revocation via

§291C-170

Length of Term of License

Withdrawal Action: I. Under §286-126, the court is authorized to suspend a license for not more than 5 years or revoke a license. In the case of revocation, the licensing agency is not to grant driving privileges for 1 year.

II. Under §291C-170, the court is authorized to either suspend or revoke a license for 1 year.

Reckless Driving (continued)

Mandatory Term of License

Withdrawal Action: None. Licensing action is discretionary. §§286-125, 286-128(b) & 291C-170

Other: I. A person may be required to attend a driver-training course. §291C-161(e)

Commercial Motor Vehicle (CMV) Operators9 :

Grounds for Disqualification : A person is disqualified from operating a CMV if while driving such a vehicle he/she (1) commits 2 "serious traffic violations"10 within a 3 - year period or (2) commits 3 such violations within a 3 - year period. §286-240(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. §286-240(e)

1 1 25 Notwithstanding this speed limit, after April 23, 1998, mopeds offered for sale in the State of Hawaii must meet the following engine and speed specifications: A moped engine can only have a “two horsepower (one thousand four hundred ninety-two watts) or less and, if it is a combustion engine, a maximum piston or rotor displacement of 3.05 cubic inches (fifty cubic centimeters) and which will propel the moped, unassisted, on a level surface at a maximum speed no greater than thirty miles per hour.” §291C-202(a)(1) Note: Prior to this date, the law (§291C-202(a)(1) prior to amendment in 1998) provided that mopeds offered for sale could have a maximum unassisted speed on a level surface of 35 MPH. A “grandfather” clause in the cited statute provides that these 35 MPH speed mopeds may still be legally operated in the State.

2 Note: Hawaii law does not specifically state whether different highway speed limits may be established either for different types of vehicles, for various weather conditions or for different times of the day.

3 127 A “neighborhood electric vehicle” is defined as a four wheeled motor vehicle that (1) is emission free, (2) is designed to carry 1 to 4 persons, (3) is designed to operate a speeds £ 25 MPH, (4) has an unladen weight of <1,800 lbs., and (5) satisfies Federal Motor Vehicle Safety Standard No. 500 related to low speed vehicles (49 CFR 571.500). §291C-1

4 The district courts must establish schedules of monetary assessments for traffic infractions. These assessments cannot exceed the maximum fine prescribed by law. §291D-9(b)

5 The district court is authorized to order an offender who within 12 months has violated the traffic laws with such frequency as to indicate disrespect for such laws to report in person to the court for a review of his/her driving record. Following such a review, the court may order an offender to attend a course of instruction in driver retaining. §286-128

6 130 Bicycle Racing: Except as authorized by law, it is a traffic violation for a person to race a bicycle on the highways. The sanctions for such a violation are: for a 1st offense not more than $200, for a 2nd offense (within 1 year of the first offense) not more than $300 and for a 3rd or subsequent offense (within 1 year of the first offense) not more than $500. §§291C-149 and 291C-161(a) & (b)

7 A person is prohibited from driving a vehicle on a highway 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 speed record...." §291C-103(a)

8 132 Inattention to Driving: The law also establishes the offense of “inattention to driving.” This offense is defined as operating “any vehicle without due care or in a manner as to cause a collision with, or injury or damage to, as the case may be, any person, vehicle or other property....” This offense is a Petty Misdemeanor with the following sanctions: incarceration for not more than 30 days or a fine of not more than $500. §§291-12 & 701-107(4) A fee of $25 which is paid into the Criminal Injuries Compensation Fund is also levied. §351-351 Note: The administrative licensing actions are the same as for Reckless Driving. Injury Offenses: The law establishes motor vehicle offenses related to bodily injury: Negligent Vehicle Operation Causing Serious Injury- Class C Felony-Imprisonment for not more than 5 years; fine of not more than $10,000. Negligent Vehicle Operation Causing Substantial Injury- Misdemeanor-Jail for not more than 1 year; fine not more than $2,000. §§706-640,706-660,706-663, 707-705 & 707-706. Discretionary license suspension or revocation is possible for conviction of a felony “in the commission of which a motor vehicle is used, or [for] a violation…of any traffic law ore regulation…involving a vehicle in motion.” A suspension, if ordered, cannot be for more than 5 years. A revocation, if ordered, must be for a period of 1 year. §§286-125 & 286-126

9 A 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 ³ 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 U.S. Department of Transportation regulations. §286-2

10 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless drivin g. §286-231

JURISDICTION: IOWA

This chapter summarizes Iowa State statutes related to speed.

General References: Iowa Code Annotated and Iowa Administrative Code (IAC)

Basis for a Speed Law Violation :

Basic Speed Rule: A person shall drive a motor vehicle at a careful and prudent speed not greater than nor less than is reasonable and proper, having due regard to the traffic, surface and width of the highway and of any other conditions than existing, and no person shall drive any vehicle upon a highway at a speed greater than will permit the person to bring it to a stop within the assured clear distance ahead. §§321.285 & 321.288

Statutory Speed Limit: 70 MPH -- interstate highways1; 65 on other controlled-access, multi-laned highways §321.285(6)(a)

See Other below. 55 MPH on other highways or on surfaced secondary roads.2 §321.285(4)

45 MPH in suburban districts. §321.285(3)

45 MPH on roads under the control of the State Board of Regents.3 §262.68

35 MPH on State parks and preserve roads. §461A.36

25 MPH in a residence or school district. §321.285(2)

20 MPH in a business district. §321.285(1)

Posted (Maximum) Speed Limit: I. The State may also establish a speed limit of 65 MPH on certain non-limited access divided multi-laned highways. §321.285

II. Based on engineering and traffic investigations, the State on the primary road system or a city government on streets within its jurisdiction (except primary road extensions) may increase or decrease the above speed limits.4 §321.290

III. The State or a city may lower the 65 MPH speed limit upon highways located within the corporate limits of a city. §321.285(6)

IV. Local authorities have the authority to regulate the speed in public parks and alleys. §321.236(5) & (11)

V. With State approval, a local government may increase the statutory speed limits listed in §321.285.

Basis for a Speed Law Violation : (continued)

However, any new speed limit cannot >55 MPH. §321.2935

VI. The Natural Resource Commission may reduce the speed limit on State parks and preserve roads when such is needed to improve safety. §461A.36

VII. The Board of Regents may establish lower speed limits on roads under their jurisdiction in the interest of safety. §262.68

Minimum Speed Limit: I. A person shall not drive a motor vehicle at such a slow speed to impede or block the normal and reasonable movement of traffic. §321.294

II. A vehicle, which cannot attain and maintain a speed of 40 MPH, cannot be driven on the interstate system. §321.285

III. A person, driving at less than the normal speed of traffic, shall drive in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway. §321.297(2)

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State may establish a minimum speed limit on controlled-access, multi-laned highways including interstate highways. §321.285

Other: I. Based on a safety investigation, the State may establish a safe maximum speed limit for any bridge or elevated structure. §321.295

II. A vehicle cannot be operated on a highway unless it can proceed up a 3 percent grade with speed of at least 20 MPH. §321.382

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: Speed Law Violations are Simple Misdemeanors. §§262.68, 321.482 & 461A.57

Other:

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): Not more than 30 days. §903.1(1)(a)

Mandatory Minimum Term: None

Fine:

Amount ($ Range): $50 to $5006 §903.1(1)(a)

Sanctions Following an Adjudication of a Speed Law Violation :

(continued)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: Driver Improvement Program7 IAC 761-615.43(1)(a)

Other: Road Work Zone. For exceeding the speed limit in a road work zone, the fine is double the amount in the fine schedule. §§321.1(66) & 805.8A(14)(i)

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension8 §321.210(1)

Term of License Withdrawal

(Days, Months, Years, etc.): 30 days to 1 year9 §321.212(1)(a) and IAC 761-615.11(1)

Mandatory Minimum Term of

Withdrawal: None A restricted license is available for employment, educational or medical purposes. §321.215(1)

Miscellaneous Sanctions

Not Included Elsewhere10: I. An offender is assessed an additional penalty of 30

Miscellaneous Sanctions

Not Included Elsewhere: (continued) percent of the fine imposed. §911.2

II. Civil Penalty. If an offender's license is suspended, he/she is subject to a civil penalty of $200 (if £ 19 years old, the civil penalty is $50). §321.218A

Other Criminal Actions Related to Speeding :

Drag Racing on Highway : Simple Misdemeanor. §321.278

Sanctions:

Criminal Sanction:

Imprisonment (Term): Not more than 30 days. §903.1(1)(a)

Mandatory Minimum Term: None

Fine ($ Range): $50 to $500. §903.1(1)(a)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Revocation. §321.209(6)

Length of Term of

Licensing Withdrawal: 1st offense-6 months. If there was no personal injury or property damage §321.212(1)(c) 1st offense where there is personal injury or property damage or for any subsequent offense-1 year. §321.212(1)(a)

Mandatory Action‑‑Minimum

Length of License

Withdrawal: None. A restricted license is available for employment, educational or medical purposes. §321.215(1)

Other: I. An offender is assessed an additional penalty of 30 percent of the fine imposed. §911.2

II. Civil Penalty. If an offender's license is revoked, he/she is subject to a civil penalty of $200. (if £ 19 years old, the civil penalty is $50). §321.218A

Reckless Driving : Simple Misdemeanor §321.277

Sanction:

Criminal:

Imprisonment (Term): Not more than 30 days. §903.1(1)(a)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): $50 to $500. §903.1(1)(a)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension. §321.210(1)(f)

Length of Term of License

Withdrawal Action: Not more than 1 year. 321.212(1)(a)

Mandatory Term of License

Withdrawal Action: None. A restricted license is available for employment, educational or medical purposes. §321.215(1)

Other: I. An offender is assessed an additional penalty of 30 percent of the fine imposed. §911.2

II. Civil Penalty. If an offender's license is suspended, he/she is subject to a civil penalty of $200. (if £ 19 years old, the civil penalty is $50). §321.218

Careless Driving11: Simple Misdemeanor. §§321.277A & 321.482

Sanction:

Criminal:

Imprisonment (Term): None

Mandatory Minimum Term

of Imprisonment:

Fine ($ Range): $25. §805.8(2)(af)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension. §321.210(1)

Length of Term of License

Withdrawal Action: Not more than 1 year. §321.212(1)(a)

Mandatory Term of License

Withdrawal Action: None. A restricted license is available for employment, education or medical purposes. §321.215(1)

Other: I. An offender is assessed an additional penalty of 30 percent of the fine imposed. §911.2

II. Civil Penalty. If an offender's license is suspended, he/she is subject to a civil penalty of $200 (if £ 19 years old, the civil penalty is $50). §321.218A

III. Road Work Zone. For a violation of the Careless Driving law in a road work zone, the fine is doubled. §§321.1(66) & 805.8A(14)(i)

Commercial Motor Vehicle (CMV) Operators12 :

Grounds for Disqualification : A person is disqualified from operating a CMV if while driving such a vehicle he/she commits 2 or more serious traffic offenses13 within a 3 - year period. §321.208(4)

Period of Disqualification : 2 violations (within 3 years)-60 days. 3 violations (within 3 years)-120 days. §321.208(4)

Period of Mandatory Disqualification: 2 serious violations (within 3 years)-60 days. 3 serious violations (within 3 years)-120 days. §§321.208 & 321.215(4)


1 The department, on its own motion or in response to a recommendation of a metropolitan or regional planning commission or council of governments, may establish a lower speed limit on portions of interstate highway system for safety reasons.  §321.285 6 (b)

2 If the secondary road is not surfaced with either concrete or asphalt, the maximum speed limit is 55 MPH between sunrise and sunset and 50 MPH between sunset and sunrise. §321.285

3 Note: The Board of Regents has authority over various education institutions (e.g., State University of Iowa).

4 Note: Iowa law does not specifically state whether different highway speed limits may be established either for different types of vehicles, for various weather conditions or for different times of the day.

5 Note: Under this provision, the State can recommend that a local government increase speed limits on certain highways. If the local government fails to increase the speed limit per the recommendation, the State can establish higher speed limits after conducting an engineering and traffic investigation.

6 Scheduled Violations. Most speed law violations are considered "scheduled violations" for which the following fines are provided.§§805.8 .7 805.8A. However, “[e]xcessive speed in whatever amount by a school bus is not a scheduled violation.....” §805.8A(5)(c) The fine schedule for speeding offenses in speed zones greater than fifty-five miles per hour i s as follows : (1) £ 5 MPH over the speed limit-$20; (2) >5 MPH but £ 10 MPH over the speed limit-$40; (3) >10 MPH but £ 15 MPH over the speed limit-$60; (4) >15 MPH but £ 20 MPH over the speed limit-$80; (5) >20 MPH over the speed limit-$90 plus $5 for every MPH over the 20 MPH excessive speed. §805.8A(5)(a) In speed zones with a speed limit >55 MPH, the fine schedule for speeding violations is as follows: (1) £ 5 MPH over the speed limit-$10; (2) >5 MPH but £ 10 MPH over the speed limit-$20; (3) >10 MPH but £ 15 MPH over the speed limit-$40; (4) >15 MPH but £ 20 MPH over the speed limit-$60; (5) >20 MPH over the speed limit-$60 plus $2 for every MPH over the 20 MPH excessive speed. §805.8A(5)(b) For violating the posted safe speed limit for a bridge or elevated structure, the scheduled fine is $30. §805.8A(5)(e) For violating the minimum speed rule (i.e., driving too slow), the scheduled fine is $35. §805.8A(8) For not driving in the right-hand lane of traffic when proceeding at a speed less than the normal speed of traffic, the scheduled fine is $35. §805.8A(6)(c) For a failure to control vehicle and reduce speed to reasonable and proper rate there is a scheduled fine of $35. §805.8A(6)(c)

7 The licensing agency may require a person who is convicted of a speeding violation of ³ 25 MPH but £ 29 MPH over the speed limit or for habitual traffic law violation to attend a driver improvement program. This program is in lieu of license suspension. However, a person cannot be assigned to this program more than once in 2 years. IAC 761-615.43(1)(a)(2) & (b)

8 A person's license may be suspended if he/she is a habitual offender of the traffic laws or if he/she commits a serious offense. §321.210(1)(b) & (f)

9 I. For licensing action based on habitual violations of the traffic laws, the following suspensions apply: (1) 3 convictions within 12 months-90 days; (2) 4 convictions within 12 months-120 days; 5 convictions within 12 months-150 days; 6 convictions within 12 months 180 days; and, (5) 7 or more convictions within 12 months-1 year. IAC 761-615.13(2) Note: The licensing agency is not to consider the first two speeding violations within a 12 month period involving excess speed which was £ 10 MPH below the speed limit in speed zones having limits between 34 and 56 MPH. §321.210(2)(d) II. For licensing actions based on a serious violation (i.e. exceeding the speed limit by ³ 25 MPH), State regulations provide for graduated license suspension periods depending upon the speed of the vehicle; e.g., a person convicted of speeding ³ 25 MPH but <26 MPH over the speed limit is subject to a 60 day suspension. A person convicted of speeding ³ 49 MPH over the speed limit is subject to a 1 year license suspension. IAC 761-615.17(2)(c)

10 144 I. A person commits an aggravated misdemeanor if he/she exceeds the speed limit by 25 MPH while eluding a law enforcement officer. The sanctions for this misdemeanor are jail for not more than 2 years and/or a fine of $500 to $5,000 and a surcharge that is equal to 30% of any fine imposed. §§321.279(2), 903.1(2) & 911.2

II. A person commits a Class D Felony if he/she exceeds the speed limit by 25 MPH while eluding a law enforcement officer and commits one of the following: (1) participates in a public offense which is a felony (§702.13); (2) violates the drunk driving law (§321J.2); (3) violates the controlled substance law (§124.401; or (4) causes bodily injury to another person during the offense. The sanctions for this felony are imprisonment for not more than 5 years and/or a fine of $750 to $7,500 and a surcharge that is equal to 30% of any fine imposed. §§321.279(3), 902.9(5) & 911.2

11 "Careless driving" consists of intentionally operating a motor vehicle by (1) creating or causing unnecessary tire squealing, skidding or sliding upon acceleration or stopping, (2) simulating a temporary race, (3) causing any wheel or wheels to unnecessarily lose contact with the ground and (4) causing the vehicle to unnecessarily turn abruptly or sway. §321.277A

12 A 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 ³ 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 U.S. Department of Transportation regulations. §321.1

13 These violations include exceeding the speed limit by 15 or more MPH and reckless driving. §321.208(4)

JURISDICTION: IDAHO

This chapter summarizes Idaho State statutes related to speed.

General References: Idaho Code (General Laws of Idaho Annotated), Idaho Infraction (Court) Rules and Idaho Administrative Code (IDAPA)

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 then existing. §49-654(1)

Statutory Speed Limit: 75 MPH on interstate highways §49-654(2)(c)

See Other below. 65 MPH on Stats highways §49-654(2)(d)

55 MPH in other locations §49-654(2)(e)

35 MPH in either a residential, business or urban districts §49-654(2)(a) & (b)

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State may increase or decrease the above speed limits.1 However, no maximum posted speed limit can exceed either 75 MPH for interstate highways or 65 MPH for other State highways. §49-201(4)

II. For highways within its jurisdiction, a local government, based on engineering and traffic investigations, may (1) decrease the speed limit in a residential, business or urban districts or (2) increase the speed limits above the statutory limit for an urban district but not >65 MPH on arterial highways. §§49-207(2) & 49-208(1)(i)

III. Local authorities within their jurisdictions may establish speed limits for public parks. §49-208(1)(e)

IV. Local authorities may lower the speed limits on those portions of State highways that pass through residential or business districts within their jurisdiction. §49-201(4). These speed limits must be less than the maximum speed limits established by the State. §49-208(w)

Minimum Speed Limit: I. No person shall drive a motor vehicle at such slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with the law. §49-655

II. A person driving at less than the normal speed of traffic shall drive in the right-hand lane available for

Basis for a Speed Law Violation : (continued)

traffic or as close as practicable to the right-hand curb or edge of the highway. §49-630(2)

Posted (Minimum) Speed Limit: I. Based upon engineering and traffic investigations, the State may establish a minimum posted speed limit on a highway. This does not apply where a local authority has established a lower speed limit on those parts of a State highway that pass through either a residential or business district under the authority of the local jurisdiction. §49-202(22)

II. Local authorities within their jurisdictions may establish minimum speed limits. §49-208(1)(m)

Other: I. A person shall not drive a vehicle over a bridge or elevated structure in violation of the posted safe maximum speed limit for such structures.2 §49-656

II. For vehicles without pneumatic tires and weighing either £ 10,000 lbs. or >10,000 lbs., the respective maximum speed limits are either 20 MPH or 12 MPH. §49-1003

III. Vehicles with 5 or more axles and operating with a gross weight >26,000 lbs. shall not exceed 65 MPH on interstate highways. §49-654(3)

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Infractions.3 §§49-110(5) & 49-236(2)

Other: N/A

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): None

Mandatory Minimum Term

of Imprisonment:

Fine:

Amount ($ Range): Not more than $1004 §18-113A

Mandatory Min. Fine ($): None

Sanctions Following an Adjudication of a Speed Law Violation :

(continued)

Other Penalties:

Traffic School: N/A

Other: N/A

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension via the Point system5 §49-326(2) & (3)

Term of License Withdrawal

(Days, Months, Years, etc.): Suspension for not more than 1 year. §49-326(5)

Mandatory Minimum Term of

Withdrawal: None. Restricted driving privileges may be granted. §49-326(4)

Miscellaneous Sanctions

Not Included Elsewhere: N/A

Other Criminal Actions Related to Speeding :

Racing on Highway: Misdemeanor6 §§18-111, 49-236(1) & 49-1424(1)

Sanctions:

Criminal Sanction:

Imprisonment (Term): Not more than 6 months. §§18-113(1) & 49-236(4)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): Not more than $300. §§18-113(1) & 49-236(4)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension via the Point System. §49-326(2)

Length of Term of

Licensing Withdrawal: Suspension for not more than 1 year. §49-326(5)

Mandatory Action‑‑Minimum

Length of License

Withdrawal: None. Restricted driving privileges may be granted. §49-326(4)

Other: N/A

Other Criminal Actions Related to Speeding :

(continued)

Reckless Driving : Misdemeanor. §§18-111, 49-236(1) & 49-1401(1)

Sanction:

Criminal:

Imprisonment (Term): 1st offense-5 to 90 days. Subsequent offense-10 days to 6 months. §49-1401(2)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): 1st offense-$25 to $300. Subsequent offense-$50 to $300. §49-1401(2)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension. §§49-326(1)(f) and 49-1401(2) & (3) For 3 reckless driving offense convictions within 12 months-Revocation. §49-325(1)(d)

Length of Term of License

Withdrawal Action: 1st offense-30 day suspension. 2nd offense (within 2 years)-90 day suspension. 3rd offense (within 3 years)-1 year suspension. §49-326(1)(f) 3 offenses within 12 months-1 year revocation. §§49-325(1)(d) & 49-326(5)

Mandatory Term of License

Withdrawal Action: For suspensions-None. Restricted driving privileges may be granted. §49-326(4) However, for 3 offenses within 12 months, the 1 year revocation appears to be mandatory. §§49-325(1)(d) & 49-326(5)

Inattentive Drivin7g 154 : Misdemeanor §§18-111, 49-236(1) & 49-1401(3)

Sanction:

Criminal:

Imprisonment (Term): Not more than 6 months §18-113(1)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): Not more than $300. §18-113(1)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via the Point System. §49-326(2)

Length of Term of License

Withdrawal Action: Suspension for not more than 1 year. §49-326(5)

Mandatory Term of License

Withdrawal Action: None. Restricted driving privileges may be granted. §49-326(4)

Commercial Motor Vehicle (CMV) Operator8s 155 :

Grounds for Disqualification : A person is disqualified from operating a CMV if while driving such a vehicle he/she (1) commits 2 "serious traffic violations 1569 " within a 3 - year period or (2) commits 3 such violations within a 3 - year period. §49-335(6)

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 §49-335(6)

1 This includes the establishment of different highway speed limits (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. §49-201(4)

2 Based upon investigations, the State determines the safe maximum speed limits for these structures. §49-202(21)

3 An infraction is a not a crime but a civil public offense. §18-111

4 Fixed Penalty: The following fixed penalties, which include court costs, are assessed for speed related infractions: for exceeding the speed limit by ³ 1 MPH but <20 MPH, a fixed penalty of $53; for exceeding the speed limit by ³ 20 MPH, a fixed penalty of $108; and for speeding in a construction zone, a fixed penalty of $82.50. Rule 9(4)(a) & (b) & (6), Idaho Infraction Rules

5 Point System: I. An offender's license is suspended for 30 days, 90 days or 6 months, if he/she respectively accumulates 12 points within 12 months, 18 points within 24 months or 24 points within 36 months. Note: Three (3) points are deducted from a driver's record if he/she attends traffic school prior to a suspension; this can only occur once in a 3 year period. II. The following points are assessed for speeding and speed related offenses: one MPH to 15 MPH over the speed limit-3 points; inattentive driving-3 points; 16 or more MPH over the speed limit-4 points; a violation of the minimum speed rule (including not driving in the right-hand lane when proceeding at less the normal rate of speed)-3 points; a violation of a posted speed limit on an elevated structure-3 to 4 points; and, racing on the highways-4 points. §49-326 and IDAPA 39.02.71

6 "No person shall drive 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...." §49-1424(1)

7 Inattentive Driving: "[T]hose circumstances where the conduct of the operator has been inattentive, careless or imprudent, in light of the circumstances then existing, rather than heedless or wanton, or in those cases where the danger to persons or property by the motor vehicle operator's conduct is slight." This is a lesser offense than reckless driving. §49-1401(3)

8 A 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 >26,000 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. §49-123(2)(c)

9 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §49-120(11) with reference to 49 CFR part 383

JURISDICTION: ILLINOIS

This chapter summarizes Illinois State statutes related to speed.

General References: West's Smith-Hurd Illinois Compiled Statutes Annotated and Illinois Administrative Code

Basis for a Speed Law Violation :

Basic Speed Rule: A person shall not drive a vehicle upon any highway at a speed that is greater than is reasonable and proper with regard to traffic conditions and the use of the highway, or endangers the safety of any person or property. §625 ILCS 5/11-601(a)

Statutory Speed Limit: 65 MPH1 (1) on Illinois toll highways and (2) on highways that are divided and have at least 4 lanes.

See Other below. §625 ILCS 5/11-601(b) & (d)

55 MPH on all other highways, roads or streets outside an urban district. §625 ILCS 5/11-601(b) & (d)

55 MPH for Second Division Vehicles weighing >8,001 lbs. §625 ILCS 5/11-601(e). A Second Division Vehicle is defined in Footnote No. 1.

30 MPH in an urban district. §625 ILCS 5/11-601(b) & (c)(1)

15 MPH in an urban district alley. §625 ILCS 5/11-601(b) & (c)(2)

Posted (Maximum) Speed Limit: I. The State Toll Highway Authority, based on engineering and traffic investigations, may establish a maximum speed on toll highways under its authority that are less than 65 MPH. §625 ILCS 5/11-603

II. With certain limitations and based on engineering and traffic investigations, the State may increase or decrease the above speed limits.2 §625 ILCS 5/11-602

III. Based on engineering and traffic investigations, a local government may increase or decrease the maximum speed on highway, streets or roads within its jurisdiction. However, the following limitations apply: (1) The speed limit in an urban district cannot be less than 20 MPH; (2) A speed limit cannot be more than 55 MPH; (3) The speed limit outside of an urban district cannot be less

Basis for a Speed Law Violation:

(continued)

than 35 MPH; and (4) Except as provided in (1), the speed limit in a residential district cannot be less than 25 MPH. §65 ILCS 5/11-40-1 and §§625 ILCS 5/11-208 & 5/11-604

Minimum Speed Limit: I. No person shall operate a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic. §625 ILCS 5/11-606(a)

II. A person driving at less than the normal speed of traffic shall drive in the right-hand lane available for traffic or as close as practicable to the right-hand curb or edge of the roadway. 625 ILCS 5/11-701(b)

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State may establish a minimum speed limit on any part of a highway or street. §625 ILCS 5/1-606(b). Note: Via signs, “specified traffic” (e.g. slower moving traffic) may be directed to use designated lanes. §625 ILCS 5/11-709(c)

Other: I. The maximum speed limit is 55 MPH for Second Division vehicles 1 weighing ³ 8,000 lbs. on any highway outside an urban district. §625 ILCS 5/11-601(b) & (e)

II. The maximum speed limit for a bus is (1) 65 MPH on a 4-lane divided highway under the State Toll Highway Authority (2) 60 MPH on other highways under the State Toll Highway Authority and (3) 55 MPH on all other highways, streets or roads. §625 ILCS 5/11-601(b) & (f)

III. The maximum speed limit is 55 MPH outside of an urban area for house cars, campers, private living coaches, recreational vehicles and any vehicle that is towing another vehicle. §625 ILCS 5/11-601(b) & (g)

IV. The maximum speed limit is 20 MPH "while passing a school zone or while traveling upon any public thoroughfare where children pass going to and from school." §625 ILCS 5/11-605(a)

V. Special posted speed limits may be established for construction or maintenance zones. §625 ILCS 5/11-605(b)

VI. Based on safety investigations, the State may establish maximum speed limits for bridges or other elevated structures. §625 ILCS 5/11-608

VII. No person shall operate a vehicle at speed greater than the "maximum attainable operating speed" of such vehicle as determined by its manufacturer. §625 ILCS 5/11-611

VIII. No person shall drive ³ 40 MPH over the applicable maximum speed limit. §625 ILCS 5/11-601.5

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: 1st or 2nd speed law offenses are Petty Offenses. A 3rd or subsequent speed law offense (within 1 year) is a Class C misdemeanor. §625 ILCS 5/16-104

Other: Driving ³ 40 MPH over the speed limit, Class A misdemeanor. §625 ILCS 5/11-601.5

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions: See Miscellaneous Sanctions for penalties related to exceeding the speed limit in school and construction zones.

Imprisonment:

Term (Day, Month, Years, Etc.): 1st or 2nd offenses-None. 3rd or subsequent offense (within 1 year)-Not more than 30 days. §730 ILCS 5/5-8-3(a)(3) Driving ³ 40 MPH over the speed limit -Any term less than 1 year. §730 ILCS 5/5-8-3(a)(1)

Mandatory Minimum Term: None

Fine:

Amount ($ Range): 1st or 2nd offense-Not more than $1,000. 3rd or subsequent offense (within 1 year)-Not more than $1,500. §730 ILCS 5/5-9-1(a)(3) & (4) Driving ³ 40 MPH over the speed limit -Not more than $2,500. §730 ILCS 5/5-9-1(a)(2)

Mandatory Min. Fine ($): None.

Other Penalties:

Traffic School: An offender who is under 18 years old may be required to attend a Driver Remedial Education Course before his/her license is reinstated. §625 ILCS 5/6-206(c-5)

Other: There is a special fine of $4 for each $40 of fine that is imposed. §625 ILCS 5/16-104a

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension or Revocation based on (1) 3 traffic offenses within a 12 month period or (2) repeated traffic law convictions which indicate a disrespect of the traffic laws. §625 ILCS 5/6-206(a)(2) & (3)

Persons Under 21 Years Old: Suspension or revocation if the person has committed not less than 2 offenses against traffic regulations within a 24 - month period. §625 ILCS 5/6-206(a)(34)

Term of License Withdrawal

(Days, Months, Years, etc.): Suspension-Not more than 1 year.Revocation-1 year. §625 ILCS 5/6-208(a) & (b)(1) A point system is used by the licensing agency to determine the length of any suspension or whether to impose a revocation.3

Sanctions Following an Adjudication of a Speed Law Violation :

(continued)

Mandatory Minimum Term of

Withdrawal: None. Licensing action by the State is discretionary. §625 ILCS 5/6-206

Miscellaneous Sanctions

Not Included Elsewhere: Exceeding the Posted Speed Limit in School or Construction Zones is a Petty Offense with a fine of $150 to $1,000. The minimum fine of $150 appears to be mandatory. There is an additional fine of $50 which is used for school safety purposes. §§625 ILCS 5/11-605(e) & (f) and 730 ILCS 5/5-9-1(a)(4)

Other Criminal Actions Related to Speeding :

Drag Racing on the Highway : Class C Misdemeanor. §625 ILCS 5/11-504

Sanctions:

Criminal Sanction:

Imprisonment (Term): Not more than 30 days. §730 ILCS 5/5-8-3(a)(3)

Mandatory Minimum Term: None

Fine ($ Range): Not more than $1,500. §730 ILCS 5/5-9-1(a)(3)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Revocation. §625 ILCS 5/6-205(a)(8)

Length of Term of

Licensing Withdrawal: 1 year. §625 ILCS 5/6-208(b)(1)

Mandatory Action‑‑Minimum

Other Criminal Actions Related to Speeding :

(continued)

Length of License

Withdrawal: None. A hardship license may be issued for employment purposes. §625 ILCS 5/6-205(c)

Other: There is a special fine of $4 for each $40 of fine that is imposed. §625 ILCS 5/16-104a

Reckless Driving : Class A Misdemeanor. §625 ILCS 5/11-503(a) & (b)

Sanction:

Criminal:

Imprisonment (Term): Any term less than 1 year. §730 ILCS 5/5-8-3(a)(1)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): Not more than $2,500. §730 ILCS 5/5-9-1(a)(2)

Mandatory Minimum Fine:

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension or Revocation via a Point System. Revocation upon 3 convictions within 12 months. §625 ILCS 5/6-205(a)(6)

Length of Term of License

Withdrawal Action: 1 year. §625 ILCS 5/6-208(b)(1)

Mandatory Term of License

Withdrawal Action: None. A hardship license may be issued for employment purposes. §625 ILCS 5/6-205(c)

Other: There is a special fine of $4 for each $40 of fine that is imposed. §625 ILCS 5/16-104a

Aggravated Reckless Drivin4g: 160 Class 4 Felony §625 ILCS 5/11-503(a) & (c)

Sanction:

Criminal:

Imprisonment (Term): 1 to 3 years. §730 ILCS 5/5-8-1(a)(7)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): Not more than $25,000. §730 ILCS 5/5-9-1(a)(1)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Revocation upon 3 convictions within 12 months. §625 ILCS 5/6-205(a)(6)

Length of Term of License

Withdrawal Action: Not more than 1 year. §730 ILCS 5/5-8-3(a)(1)

Aggravated Reckless Drivin5g:

(continued)

Mandatory Term of License

Withdrawal Action: None. A hardship license may be issued for employment purposes. §625 ILCS 5/6-205(c)

Other: There is a special fine of $4 for each $40 of fine that is imposed. §625 ILCS 5/16-104a

Squealing or Screeching of Tires : 1st or 2nd offenses are Petty Offenses. §625 ILCS 5/11-505. A 3rd offense (within 1 year) is a Class C misdemeanor. §625 ILCS 5/16-104

Sanction:

Criminal:

Imprisonment (Term): 1st or 2nd offenses-None. 3rd offense (within 1 year)-Not more than 30 days. §730 ILCS 5/5-8-3(a)(3)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): 1st or 2nd offenses-Not more than $1,000. 3rd offense (within 1 year)-Not more than $1,500. §730 ILCS 5/5-9-1(a)(3) & (4)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension or Revocation based either (1) on 3 traffic offenses within a 12 month period or (2) on repeated traffic law convictions which indicate a disrespect of the traffic laws. §625 ILCS 5/6-206(a)(2) & (3)

Length of Term of License

Withdrawal Action: Suspension-Not more than 1 year.Revocation-1 year. §625 ILCS 5/6-208(a) & (b)(1) A point system is used by the licensing agency to determine the length of any suspension or whether to impose a revocation. 3

Mandatory Term of License

Withdrawal Action: None. Licensing action by the State is discretionary. §625 ILCS 5/6-206

Other: There is a special fine of $4 for each $40 of fine that is imposed. §625 ILCS 5/16-104a

Commercial Motor Vehicle (CMV) Operator6s: 161

Grounds for Disqualification : A person is disqualified from operating a CMV if while driving such a vehicle he/she (1) commits 2 “serious traffic violations” 162 within a 3-year period or (2) commits 3 such violations within a 3-year period. §625 ILCS 5/6-514(e)

Period of Disqualification : 2 serious violations (within 3 years)-Not less than 2 months 3 serious violations (within 3 years)-Not less than 4 months §625 ILCS 5/6-514(e)

1 The 65 MPH speed limit applies (1) to vehicles that are designed to carry not more than 10 persons (First Division vehicles) or (2) to Second Division vehicles which have a gross weight of <8,000 lbs. A Second Division Vehicle is defined as one (1) designed to carry 10 or more persons, (2) used for living quarters, (3) designed to carry or pull property, freight or cargo and (4) a registered school bus regardless of the number of students it is designed to carry. §§625 ILCS 5/1-217 & 5/11-601(d)

2 The following limitations apply: (1) The State cannot establish a speed limit greater than 65 MPH on any highway; and (2) The maximum speed limit is 55 MPH for Second Division vehicles weighing >8,001 lbs. and on highways that abut certain property where there is "a limited right of easement, of access, crossing, light, air, or view." §625 ILCS 5/11-602 Note: Except as noted, Illinois law does not specifically state whether different highway speed limits may be established either for different types of vehicles, for various weather conditions or for different times of the day.

3 Point System: A point system has been established to determine suspension length or whether to impose revocation.

I. The following points are assigned for speeding or speed related offenses: reckless driving-55 points; squealing or screeching of tires-10 points; speeding too fast for conditions-10 points; 1 to 10 MPH above the speed limit-5 points; 11 to 14 MPH above the speed limit-15 points; 15 to 25 MPH above the speed limit-20 points; over 25 MPH above the speed limit-50 points; exceeding the maximum speed limit in a school zone-20 points; driving below the minimum speed limit-5 points; driving below the minimum speed limit on an Illinois Tollway-20 points; not driving in the right-hand lane when proceeding at less than the normal speed of traffic-20 points; and, exceeding the maximum speed limit on a bridge or elevated structure-10 points. 92 Illinois Administrative Code §1040.20(c)

II. If a person's license is suspended or revoked via §625 ILCS 5/6-206(a)(2) as a result of 3 convictions within 12 months, the following point schedule is used to determine licensing action: (1) if there has been no prior suspension or revocation within 7 years, the following licensing action is taken: 0 through 14 points-no action; 15 through 44 points-2 month suspension; 45 through 74 points-3 month suspension; 75 through 89 points-6 month suspension; 90 through 99 points-9 month suspension; 100 through 109 points-12 month suspension; and, 110 or more points-revocation (1 year); (2) if there has been 1 or more prior suspensions or revocations within 7 years, the following licensing action is taken: 0 through 14 points-no action; 15 through 44 points-4 month suspension; 45 through 74 points-6 month suspension; 75 through 109 points-12 month suspension; and, 110 or more points-revocation (1 year). 92 Illinois Administrative Code §1040.30(b)

III. If a person's license is suspended or revoked via §625 ILCS 5/6-206(a)(3) as a result of repeated traffic violations which indicate a disrespect for the traffic laws, the following point schedule is used to determine licensing action: (1) A person's license is revoked (1 year) if the licensing agency receives notice after the state of the 12 month suspension in II above that the person has accumulated 90 additional points above that needed to determine the suspension and these additional points were accumulated during the same period of time as those used to determine the suspension. (2) If there has been 1 or more prior suspensions or revocations within 7 years under §625 ILCS 5/6-206(a)(3), the following licensing action is taken: 0 through 14 points-no action; 15 or more points-revocation (1 year). (3) If there has been 2 or more prior suspensions or revocations within 7 years not related to §625 ILCS 5/6-206(a)(3), the following licensing action is taken: 0 through 14 points-no action; 15 through 109 points-12 month suspension; 110 or more points-revocation (1 year) 92 Illinois Administrative Code §1040.40(c)

4 Aggravated reckless driving is reckless driving that results in either "great bodily harm or permanent disability or disfigurement to another." §625 ILCS 5/11-503(c)

5  

6 161 A 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 ³ 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. §625 ILCS 5/6-500(6)

1 6 2 A “serious traffic violation” includes exceeding the speed limit by 15 or more MPH or reckless driving. §625 ILCS 5/6-500(26

JURISDICTION: INDIANA

This chapter summarizes Indiana State statutes related to speed.

General References: Burn's Indiana Statutes Annotated and Indiana Administrative Code (IAC)

Basis for a Speed Law Violation :

Basic Speed Rule: A person may not drive a vehicle at a speed greater than is reasonable and prudent under the conditions, having regard to the actual and potential hazards then existing. This includes special hazards such as going around a curve, approaching a hill, traveling upon a narrow or winding roadway. §§9-21-5-1 & 9-21-5-4

Statutory Speed Limit: 70 MPH {except for vehicles having a declared gross weight greater than twenty-six thousand pounds} on an interstate or defense highway located outside an urban area with a population ³ 50,000. §9-21-5-2(3)

65 MPH for vehicles having a declared gross weight greater than twenty-six thousand pounds -- on an interstate or defense highway located outside an urban area with a population ³ 50,000. §9-21-5-2(4)

65 MPH on: (A) U.S. 20 from the intersection of U.S. 20 and County Road 17 in Elkhart County to the intersection of U.S. 20 and U.S. 31 in St. Joseph County;
     (B) U.S. 31 from the intersection of U.S. 31 and U.S. 20 in St. Joseph County to the boundary line between Indiana and Michigan; and
     (C) a highway classified by the Indiana department of transportation as an INDOT Freeway. §9-21-5-2(5)

60 MPH on a highway: (A) not designated part of the national system of interstate and defense highways; (B) has four (4) or more lanes;

(C) is divided into two (2) or more roadways by:

  (i) an intervening space that is unimproved and not intended for vehicular travel;
     (ii) a physical barrier; or
     (iii) a dividing section constructed to impede vehicular traffic; and
  (D) is located outside an urbanized area. §9-21-5-2(7)

55 MPH on other highways §9-21-5-2(2)

30 MPH in an urban district §9-21-5-2(1)

15 MPH in an alley §9-21-5-2(8)

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State Department of Transportation may increase or lower the above speed limits on any part of a highway.1 §§9-21-5-3 & 9-21-5-12(a)

II. Based on engineering and traffic investigations, a local government may increase or decrease the

Basis for a Speed Law Violation: (continued) maximum speed on any part of a highway or establish the maximum safe speed on the streets within its jurisdiction.2 §§9-21-1-3(a)(5) & (11), 9-21-5-3 and 9-21-5-6(a) & (b)

Minimum Speed Limit: I. A person shall not drive a motor vehicle at a slow speed that impedes or blocks the normal and reasonable movement of traffic. §9-21-5-7

II. A person driving at less than the normal speed of traffic shall drive in the right-hand lane then available

for traffic or as close as practicable to the right-hand curb or edge of the roadway. §§9-21-5-9 & 9-21-8-2(b)

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State Department of Transportation or a local government, for highways with its jurisdiction, may establish a minimum speed on any part of a highway. §9-21-5-8

Other: I. A vehicle with a gross weight ³ 26,001 lbs. shall not be driven at speed greater than 60 MPH. §9-21-5-2(4)

II. An "oversized vehicle"3 shall not be driven at a speed greater than 45 MPH. §9-21-5-5

III. Based on engineering and traffic investigations, the State Department of Transportation may establish a safe maximum speed on any bridge or elevated structure. §9-21-5-10

IV. The State Department of Transportation or a local government may establish a temporary safe maximum speed limit at a worksite not to exceed 45 MPH in any location. §9-21-5-11

V. A vehicle that is not ordinarily operated at speed >25 MPH cannot be operated above this speed. Such vehicles include pulled, towed, self-propelled or animal-drawn vehicles. §9-21-9-1

VI. A motorized bicycle may not be operated at a speed greater than 25 MPH. §9-21-11-12(4)

VII. A school bus cannot be driven >55 MPH on a Federal or State highway or >40 MPH on any country or township highway. §20-9.1-5-10

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: I. All Speed Law Violations are Class C Infractions, except for II below and for violations of a speed limit near a school when children are present or near a worksite when workers are present, which are Class B Infractions. §§9-21-5-13, 9-21-8-49, 9-21-9-7 & 9-21-11-12

II. A person who operates a school bus in violation of VI above or who otherwise exceeds the posted speed limit while operating such a motor vehicle commits a Class C Misdemeanor. §20-9.1-5-22(a)

Other: N/A

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years, Etc.): Class C Infraction-None

Class C Misdemeanor-Not more than 6 0 days §35-50-3-4

Mandatory Minimum Term: None

Fine:

Amount ($ Range): Class C Infraction-Not more than $500 §34-28-5-4(c)

Class B Infraction-Not more than $1,000 §34-28-5-4(b)

Class C Misdemeanor-Not more than $500 §35-50-3-4

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: Note: If a person attends a "defensive driving course," his/her point accumulation total is reduced by 4 points. §140 IAC §1-4.5-7

Other: Exceeding Construction Zone Speed Limit: The court may order a person to pay a fee of $25 for exceeding a worksite speed limit. §33-19-6-14(b)

Exceeding Speed Limit in School Zone (with Children Present): Class B Infraction-Not more than $1,000. §§9-21-5-13 & 34-28-5-4(b)

Licensing Action:

Type of Licensing Action (Susp/Rev): Suspension.4 §9-30-4-9(a)(4)

Term of License Withdrawal

(Days, Months, Years, etc.): Not more than 1 year. §9-30-4-9(g)

Mandatory Minimum Term of

Withdrawal: None. A restricted license for employment purposes may be issued. §9-24-15-2

Miscellaneous Sanctions

Not Included Elsewhere: N/A

Other Criminal Actions Related to Speeding :

Speed Contests on Highways or Streets : Class B Misdemeanor. §§9-21-6-1 & 9-21-6-3

Sanctions:

Criminal Sanction:

Imprisonment (Term): Not more than 180 days. §35-50-3-3

Mandatory Minimum Term: None

Fine ($ Range): Not more than $1,000. §35-50-3-3

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension. §9-30-4-9(a)(4)

Length of Term of

Licensing Withdrawal: Not more than 1 year. §9-30-4-9(g)

Mandatory Action‑‑Minimum

Length of License

Withdrawal: None. A restricted license for employment is available. §9-24-15-2

Other: N/A

Reckless Driving5: Class B Misdemeanor. §§9-21-8-50 & 9-21-8-52

Sanction:

Criminal:

Imprisonment (Term): Not more than 180 days. §35-50-3-3

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): Not more than $1,000. §35-50-3-3

Reckless Driving

(continued)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension 4 §9-30-4-9(a)(4)

Length of Term of License

Withdrawal Action: Not more than 1 year. If the offense resulted in property damage, an offender's license is subject to suspension from 30 days to 1 year. §§9-21-8-52(b) & 9-30-4-9(g)

Mandatory Term of License

Withdrawal Action: Limited. A restricted license for employment purposes may be issued. §9-24-15-2. However, there appears to

be a 30 - day mandatory suspension if the offense

resulted in property damage. §9-21-8-52(b) & 140 IAC §1-4.5-10(d)

Other: N/A

Criminal Recklessness6 : Class A Misdemeanor. §35-42-2-2(b)

Sanction:

Criminal:

Imprisonment (Term): Not more than 1 year. §35-50-3-2

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): Not more than $5,000. §35-50-3-2

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension §9-30-13-1

Length of Term of License

Withdrawal Action: 60 days to 2 years. §9-30-13-1

Mandatory Term of License

Withdrawal Action: A 60-day suspension appears to be mandatory. §9-30-13-1 & 140 IAC §1-4.5-10(d)

Other: N/A

Commercial Motor Vehicle (CMV) Operators7 :

Grounds for Disqualification : A person is subject to CDL disqualification if, while operating a CMV, he/she (1) commits 2 "serious traffic violations"8 within a 3 - year period or (2) commits 3 or more violations within a 3 - year period. §9-24-6-7

Period of Disqualification : 2 serious violations (within 3 years)-60 days. 3 or more serious violations (within 3 years)-120 days. §9-24-6-7

Period of Mandatory Disqualification : 2 serious violations (within 3 years)-60 days. 3 or more serious violations (within 3 years)-120 days. §9-24-6-7


1 The department may also establish different maximum speed limits (1) for different times of the day, (2) for various types of vehicles, (3) for various weather conditions or (4) for other factors related to speed. §9-21-5-12(b)

2 However, such government cannot (1) decrease a maximum speed limit within an urban district to less than 20 MPH, (2) increase the maximum speed limit within an urban district to more than 55 MPH during the day or 50 MPH at night, (3) decrease the maximum speed limit outside an urban district to less than 30 MPH, (4) decrease the maximum speed limit in an alley to less than 5 MPH and (5) increase the maximum the speed limit in an alley to more than 30 MPH. §9-21-5-6(a). However, local government may establish a speed limit on a street located within a park or playground at not less than 15 MPH. §9-21-5-6(e). In addition, a local government may also establish a speed limit of not less than 20 MPH on a State highway which is located in the immediate vicinity of a school. Such a limit is only in effect when children are present. §9-21-5-6(d)

3 An "oversized vehicle" is one which is either has (1) a width >10 feet, 6 inches, (2) a height >13 feet, 6 inches, or (3) a length >85 feet. §9-21-5-5

4 Point System: The point system is used by the licensing agency as a means aiding it in identifying persons who have committed traffic law violations and determining whether such person's license should be suspended for such offenses. The system does not establish a threshold point accumulation level that would automatically result in either license suspension or revocation. I. A person is placed on probation if they accumulate 12 points within 24 months (10 points within 24 months if under 18 years old) or 8 points within 1 year. II. Persons are required to appear for administrative hearings if they have (1) accumulated 8 or more points prior to the start of the probationary period but where such points where not used to determine probationary status or (2) accumulated 17 points. III. The following points have been assigned to speeding or speed related violations: 1 to 15 MPH over the speed limit-2 points; 16 to 25 MPH over the speed limit-4 points; over 25 MPH over the speed limit-6 points; speeding in a school bus, where the speed is not indicated or where the speed is 1 to 15 MPH in excess of limit-6 points; speeding in a school bus, where the speed is >15 MPH in excess of the limit-8 points; minimum speed law violation (including not driving in the right-hand lane when proceeding at less than the normal speed of traffic)-2 points; unsafe speed on bridge or elevated structure-4 points; speed contest-8 points; reckless driving-6 points; reckless driving resulting in either personal injury or property damage-8 points; and, criminal reckless driving-8 points. §9-14-2-2 and 140 IAC §§1-4.5-2, 1-4.5-4, 1-4.5-6, 1-4.5-7 & 1-4.5-10

5 Reckless driving is defined as follows: I. operating a vehicle at such a high or low rate of speed such as to endanger the safety or property of others or block the proper flow of traffic §9-21-8-52(a)(1); II. passing a vehicle on a curve where vision is obstructed for a distance of <500 feet §9-21-8-52(a)(2); III. driving a vehicle in and out of a line of traffic except as otherwise permitted §9-21-8-52(a)(3); IV. speeding up or refusing to give half of the roadway to a driver desiring to either pass or overtake §9-21-8-52(a)(4); V. passing a school bus when the arm signal device is in operation §9-21-8-52(a)(5); and VI. operating a tractor-trailer so as to endanger the safety or property of others or block the flow of traffic. §9-21-8-50

6 A person commits "criminal recklessness" if he/she operates a motor vehicle in such a manner as to create a substantial risk of bodily injury. §35-42-2-2(b)

7 A 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 ³ 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. §9-13-2-31

8 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless dri ving. §9-24-6-6(a)(1) & (2)


J URISDICTION: KANSAS

This chapter summarizes Kansas State statutes related to speed.

General Reference: Kansas Statutes Annotated and Kansas Administrative Regulations

Basis for a Speed Law Violation :

Basic Speed Rule: A person shall not operate a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual hazards than existing. §8-1557

Statutory Speed Limit: 70 MPH on multi-lane highways as designated by the State Secretary

See Other below. of Transportation §8-1558(a)(2)

65 MPH on all other highways except a county or township highway §8-1558(a)(4)

55 MPH on a county or township highway §8-1558(a)(3)

30 MPH in an urban district §8-1558(a)(1)

Posted (Maximum) Speed Limit: I. The State Secretary of Transportation may decrease the above speed limits.1 §8-1559(a)(1)

II. The State Secretary of Transportation or local government authorities may establish a speed limit in a construction zone. §8-1559(a)(c)

III. Based on engineering and traffic investigations, a local government may increase or decrease the above speed limits within its jurisdiction. However, the following limitations apply: (1) a speed limit cannot be established greater than 65 MPH; (2) outside an urban or residence district, the speed limit cannot be less than 20 MPH; (3) within an urban district school zone, when students are going either to or from school, the speed limit cannot be less than 20 MPH. §§8-1560(a) &(b) and 8-2002

IV. Local authorities that have authority over a county or township may establish proper highway speed limits within these jurisdictions. Such speed limits may be established with or without an engineering or traffic investigation. However, no speed limit shall be established >65 MPH. §8-1560(h)

V. Local authorities, within their respective jurisdictions, may establish speed limits within construction zones. §8-1560(f)

Basis for a Speed Law Violation :

(continued)

Minimum Speed Limit: I. No person shall operate a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. §8-1561(a)

II. A person driving at less than the normal speed of traffic shall drive in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway. §8-1514(b)

Posted (Minimum) Speed Limit: I. Based on engineering and traffic investigations, either the State Secretary of Transportation or local government authorities may establish a minimum speed limit on any highway or part thereof. §8-1561(b)

II. Based on engineering and traffic investigations, either the State Sec. of Transportation or local government authorities may establish a maximum speed limit on any bridge or elevated structure.§8-1 563(c) & (d)

Other: I. A motor-driven cycle shall not be operated at a speed greater than 35 MPH. §8-1562

II. A vehicle that is towing a house trailer shall not be operated at a speed greater than 55 MPH. §8-1563(a)

III. A vehicle equipped with solid rubber tires shall not be operated at a speed greater than 10 MPH. §8-1563(b)

IV. While traveling to or from a school, interschool or intra-school function or activity, a school bus cannot be driven (1) >45 MPH on roadways having a dirt, sand or gravel surface or (2) >55 MPH on other highways. §8-1558(b)

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Traffic Infractions. §§8-2116, 8-2118 & 21-3105(2)

Other:

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): None

Mandatory Minimum Term:

Fine:

Amount ($ Range): Not more than $5002 §21-4503a(d)

Sanctions Following an Adjudication of a Speed Law Violation :

(continued)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: If an offender is subject to a license suspension because of 3 moving violations within 12 months, he/she may be allowed to maintain driving privileges by attending a driver improvement clinic. §8-255(f)

Other: Construction Zone: For speeding violations committed within a construction zone, the fine is double the usual amount for a speeding offense. §8-2118(e)

Licensing Action:

Type of Licensing Action

(Susp/Rev): Revocation, Suspension or Restriction.3 §8-255(a)(1) & (2)

Term of License Withdrawal

(Days, Months, Years, etc.): Not more than 1 year. §8-256

Mandatory Minimum Term of

Withdrawal: None

Miscellaneous Sanctions

Not Included Elsewhere: Assessment. An offender is assessed $9 in addition to

any fine.4 §12-4117(a)

Other Criminal Actions Related to Speeding :

Racing on Highway : Class A, B or C Misdemeanor.5 §§8-1565(a) & (d) and 8-2116(b)

Sanctions:

Criminal Sanction:

Imprisonment (Term): 1st offense-Not more than 1 month; 2nd offense (within 1 year)-Not more than 6 months; 3rd or subsequent offense (within 1 year)-Not more than 1 year. §21-4502(1)(a), (b) & (c)

Mandatory Minimum Term: None

Fine ($ Range): 1st offense-Not more than $500; 2nd offense (within 1 year)-Not more than $1,000; 3rd or subsequent offense (within 1 year)-Not more than $2,500. §21-4503a(b)(1), (2) & (3)

Other Criminal Actions Related to Speeding :

(continued)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Revocation, Suspension or Restriction. §8-255(a)(1) & (2)

Length of Term of

Licensing Withdrawal: Not more than 1 year. §8-256

Mandatory Action‑‑Minimum

Length of License Withdrawal: None

Other: Assessment. An offender is assessed $9 in addition to any fine. §12-4117(a)

Reckless Driving : Misdemeanor §8-1566(a) & (b)

Sanction:

Criminal:

Imprisonment (Term): 1st offense-5 to 90 days; 2nd or subsequent offense-10 days to 6 months. §8-1566(b)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): 1st offense-$25 to $500; 2nd or subsequent offense-$50 to $500. §8-1566(b)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Revocation. §8-254(a)(5)

Length of Term of License

Withdrawal Action: Not more than 1 year. §8-265

Mandatory Term of License

Withdrawal Action: None. An offender may be issued restricted driving privileges. §8-254(b)

Commercial Motor Vehicle (CMV) Operator6s 17 6

Grounds for Disqualification : A person is disqualified from operating a CMV if while driving such a vehicle he/she (1) commits 2 "serious traffic violations7" 17 7 within a 3 - year period or (2) commits 3 such violations within a 3 - year period. §8-2,142(f)

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. §8-2,142(f)

Period of Mandatory Disqualification : 2 serious violations (within 3 years)-60 day; 3 serious violations (within 3 years)-120 days. §8-2 ,142(f)

1 The secretary may decrease such limits based either on engineering and traffic investigations or on other information that is available. Under no circumstances is the secretary authorized to increase a speed limit in excess of the statutory maximum limits. §8-1559(a) & (d). In addition, the State may establish different highway speed limits (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. §8-1559(b)

2 If a person either waives his/her right to a trial, pleads guilty or no contest to a traffic infraction, the fine imposed is determined via the uniform fine schedule. Under this schedule, the following fines are imposed for speeding offenses: I. For violating the basic speed rule, the fine is $60. For exceeding the speed limit by 1 to 10 MPH, the fine is $30. For exceeding the speed limit by 11 to 20 MPH, the fine is $30 plus $6 for every MPH above 10 MPH over the limit. For exceeding the speed limit by 21 to 30 MPH, the fine is $90 plus $9 for every MPH above 20 MPH over the limit. For exceeding the speed limit by 31 MPH, the fine is $180 plus $15 for every MPH above 30 MPH over the limit. II. For impeding the normal flow of traffic, the fine is $30. III. For speeding on a motor cycle, the fine is $60. IV. For exceeding the posted maximum safe speed on a bridge or elevated structure, the fine is $30. V. For not driving in the right-lane when proceeding at a speed less than the normal speed of traffic, the fine is $60. §8-2118(c)

3 Basis for Revocation, Suspension or Restriction: The licensing agency is authorized to suspend an offender's license if the following conditions are satisfied: (1) the offender has committed numerous serious traffic law violations which indicate disrespect for the traffic laws; and (2) the offender has been convicted of 3 or more moving traffic law violations within a 12 month period (maintenance of driving privileges may be allowed if the offender attends a driver improvement clinic) . §8-255(a)(1) & (2) & (f). Exceeding an authorized limit of 55 MPH but not exceeding 70 MPH is not considered a moving violation for purposes of this section. §8-1560c

4 A 1st offense is a Class C misdemeanor. A 2nd offense within 1 year is a Class B misdemeanor. A 3rd or subsequent offense within 1 year is a Class A misdemeanor. §8-2116(b)

5 A 1st offense is a Class C misdemeanor. A 2nd offense within 1 year is a Class B misdemeanor. A 3rd or subsequent offense within 1 year is a Class A misdemeanor. §8-2116(b)

6 17 6 A 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 ³ 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. §8-2,128(f)

17 7 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §8-2,128(v) 


JURISDICTION: KENTUCKY

This chapter summarizes Kentucky State statutes related to speed.

General Reference: Kentucky Revised Statutes and Kentucky Administrative Regulations (KAR)

Basis for a Speed Law Violation :

Basic Speed Rule: A person shall not operate a vehicle at a greater speed than is reasonable and prudent, having regard for the traffic and for the condition and use of the highway. §189.390(2)

Statutory Speed Limit: 65 MPH on interstate highways and divided highways with 4 or more lanes1 §189.390(3)(a) & (5)(d)

See Other below. 55 MPH outside business or residential districts §189.390(3)(a)

35 MPH in business or residential districts §189.390(3)(a)

15 MPH on off-street parking facilities §189.390(c)

Posted (Maximum) Speed Limit: I. Based upon engineering and traffic investigations, the State Secretary of Transportation may increase or decrease the speed limits on any highway.2 However, the speed limit on highways, including interstate and 4 - lane divided highways which are located in urbanized areas, cannot exceed 55 MPH. §189.390(4)(a)

II. With the approval of the State Secretary of Transportation, a local government may establish speed limits for the highways or streets within its jurisdiction. However, such limits cannot exceed 55 MPH as noted in I above. §189.390(5)(a) & (b)

III. State and local authorities may reduce the speed limits on highways under their respective jurisdictions for reasons of highway design or to reduce highway damage or deterioration due to rain or other natural causes. §189.230(1)

Minimum Speed Limit: I. A person shall not operate a motor vehicle at a speed that will impede or block the normal and reasonable movement of traffic. §189.390(6)

II. A person driving a vehicle in a slow manner shall keep the vehicle as closely as practicable to the right-hand boundary of the highway. §189.300(2)

Posted (Minimum) Speed Limit:

Other: I. For vehicles with £ 5 horsepower, the maximum speed is 35 MPH in any location. §189.390(3)(b)

Basis for a Speed Law Violation :

(continued)

II. The Transportation Cabinet may establish temporary reduced speed limits in work zones. §189.390(4)(b)

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: All Speed Law Offenses are Violations. §532.020(4)

Other: N/A

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): None

Mandatory Minimum Term:

Fine:

Amount ($ Range): Speed Limit Violations-Not more than $100.3 §189.394

Other Violations -$20 to $100. §§189.990(1) & 189.993(12)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: A person may be required to attend a State Traffic School.4 §186.574

Other: N/A

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension.5 §§186.400, 186.570 & 186.572 and 601 KAR 13:025

Term of License Withdrawal

(Days, Months, Years, etc.): I.90 days to 2 years for speeding violations except as noted. II. For speeding ³ 26 MPH over the speed limit- 1st offense-90 days; 2nd offense-Not less than 1 year; Subsequent offense-Not less than 2 years. 601 KAR 13:025

Sanctions Following an Adjudication of a Speed Law Violation :

(continued)

Mandatory Minimum Term of

Withdrawal: 1st offense-An offender may be placed on probation for 2 years6 in lieu of license suspension. Subsequent offense-If a person receives an additional conviction during the probation period, his/her license must be suspended. 601 KAR 13:025

Miscellaneous Sanctions

Not Included Elsewhere: Offenders <18 Years Old: These offenders may be allowed to participate in a court diversion program. Under this program, the court must (1) prohibit the offender from driving for not more than 45 days and/or (2) require him/her to complete a driver improvement clinic. §189.990(27)

Other Criminal Actions Related to Speeding :

Racing on Highway: Class B Misdemeanor7 §§189.505, 189.993(5) & 532.020(3)

Sanctions:

Criminal Sanction:

Imprisonment (Term): Not more than 30 days. §189.993(5)

Mandatory Minimum Term: None

Fine ($ Range): $60 to $200. §189.993(5)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension via the Point System

Length of Term of

Licensing Withdrawal: 90 days to 2 years

Mandatory Action‑‑Minimum

Length of License

Withdrawal: 1st offense-An offender may be placed on probation for 2 years 5 in lieu of license suspension; Subsequent offense-If a person receives an additional conviction during the probation period, his/her license must be suspended. 601 KAR 13:025

Other: A person may be required to attend a State Traffic School. §186.574

Careless (Reckless) Driving8 : Violation §§189.290(1), 189.990(1) & 532.020(4)

Criminal:

Imprisonment (Term): None

Mandatory Minimum Term

of Imprisonment:

Other Criminal Actions Related to Speeding :

(continued)

Fine ($ Range): $20 to $100. §189.990(1)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension or Revocation. §§186.560 & 186.570 and 601 KAR 13:025

Length of Term of License

Withdrawal Action: 90 days to 2 years via the Point System. 3 convictions within 12 months-Not less than a 2 year revocation. §186.560(1)(e) & (5)

Mandatory Term of License

Withdrawal Action: 3 convictions within 12 months-2 year revocation. (appears mandatory) §186.560(1)(e) & (5)

Other: A person may be required to attend a State Traffic School. §186.574

Commercial Motor Vehicle (CMV) Operators9 :

Grounds for Disqualification : A person is disqualified from operating a CMV if while driving such a vehicle he/she (1) commits 2 "serious traffic violations"10 within a 3 - year period or (2) commits 3 such violations within a 3 - year period. §281A.190(6)

Period of Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §281A.190(6)

1 The interstate and divided highways must be fully controlled access highways. §189.390(5)(d)

2 Note: Kentucky law does not specifically state whether different highway speed limits may be established either for different types of vehicles, for various weather conditions or for different times of the day.

3 Fines for speed limit violations are determined via a matrix. This matrix establishes fines based upon the extent (i.e., number of miles per hour over the speed limit) the offender exceeded a specific speed limit (the prima facie speed limit). The fines range from $1 to $55. §189.394(1). For speeding violations in excess of those shown in the matrix, the fine range is $60 to $100. §189.394(2) Important. These fines are double the usual amount if the offense occurred in a work zone. §189.394(5)

4 The court may place an offender in this program in lieu of other sanctions. §186.574(1. Except for driver education requirements, a person is only eligible to attend traffic school once in any one year period. §186.574(5)(d)

5 Point System: I. Under the point system, an offender's license is suspended for 6 months if he/she accumulates 12 points within a 2 year period. The suspension is 1 year for a second accumulation of 12 points and 2 years for a third or subsequent accumulation of 12 points within a two year period. II. The following points are assigned for speeding and speed related offenses: (1) Speeding £ 15 MPH over the speed limit-3 points; speeding ³ 16 MPH but <26 MPH over the speed limit-6 points; reckless driving-4 points; driving too fast or too slow for conditions-3 points; careless driving-3 points. 601 KAR 13:025. III. Statutory law prohibits the assessment of points for speeding 10 MPH or less over the limit on limited access highways or limited access highways of 4 or more lanes on which the speed limit is 65 MPH or more. §186.572. In an opinion, the State Attorney General has noted that is no statutory difference between reckless and careless driving but that the point assessment system, nevertheless, distinguishes between these offenses and assigns different point values to them. To clarify which point value that should be used, the State Attorney General has determined that the lower point value should be used in the interest of being lenient to the offender. OAG 78-771

6 A person who has been placed on probation cannot be plated in such status again until 2 years have passed since the end of the last probation period. 601 KAR 13:025

7 It is a violation to conduct a horse race on a highway. The only sanction for this offense is a fine of between $20 and $50. §§189.510, 189.990(7) & 532.020(4)

8 Under Kentucky law, the terms "careless driving" and "reckless driving" are used interchangeably. See OAG 78-771 and Hash v.Com, 883 S.W.2d 892 (Ky. App. 1992).

9 A 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 ³ 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. §281A.010(8)

10 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §281A.010(28)

JURISDICTION: LOUISIANA

This chapter summarizes Louisiana State statutes related to speed.

General Reference: West's Louisiana Statutes Annotated: Revised Statutes. Note: Citations are to the Revised Statutes unless otherwise stated.

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 potential hazards then existing, having due regard for the traffic on, and the surface and width of, the highway, and the condition of the weather. §32:64(A)

Statutory Speed Limit: 70 MPH on interstate and controlled access highways.1 §§32:61(A)(1) & 32:62(A)

See Other below.

65 MPH on other multi-lane divided highways which have partial or no control of access. §§32:61(A)(2) & 32:62(A)

55 MPH on other highways. §§32:61(A) & 32:62(A)

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State may increase or decrease the above speed limits.2 §§32:61(B) &32:63(A)

Legislative Requests: I. The Louisiana Legislature has requested that the State Department of Transportation and Development "increase the speed limit on Louisiana Highway 23 in Plaquemines Parish on those sections of highway which are outside of the towns and only in those sections in which there are four-lane areas of roadway." House Concurrent Resolution 136 adopted in 1997. Note: The legislature did not recommend a speed limit.

II. The Louisiana Legislature has requested that the State Department of Transportation and Development increase the speed limit on Interstate Highway 55 between Pontchatoula and LaPlace from 60 MPH to 70 MPH. House Concurrent Resolution 130 adopted in 1999

Legislative Directive: The Louisiana Legislature has directed that the State Department of Transportation and Development lower the speed limit to 45 MPH on Louisiana Highway 964 from its intersection with

Basis for a Speed Law Violation : (continued)

Louisiana Highway 61 to the East Baton Rouge Parish line. Senate Concurrent Resolution 52 adopted in 1999

II. The State can promulgate regulations regulating speed on Louisiana expressways. §48:1272

III. Local governments are authorized to establish speed limits or speed zones. However, no speed limit shall be established in excess of the above maximum limits. §§32:41(A)(9) & 32:42

Minimum Speed Limit: I. No person shall operate a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. §32:64(B)

II. A person who is operating a motor vehicle on a multilane highway at less than the normal speed of traffic shall drive in the right-hand lane then available for traffic. §32:71(B)(1)

III. A person who is operating a motor vehicle on a multilane highway at a speed slower than 10 MPH than the posted speed limit shall drive in the right-hand lane than available for traffic or as close as practicable to the right hand curb or edge of the roadway. §32:71(B)(2)

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State may establish a minimum speed limit on any highway. §32:63(B). Note: Via signs, slower moving traffic may be directed to use designated lanes. §32:79(2)

Other: I. No person shall operate a freight carrying vehicle upon a highway >55 MPH. Exceptions: Such vehicles may not be driven (1) >70 MPH on interstate or controlled access highways or (2) >65 MPH on multi-lane divided highways. §32:62(A)

II. No person shall tow a mobile home at a speed >45 MPH.3 The State is authorized to increase this limit. §32:62(B)

III. Except for tow trucks, no person shall tow a vehicle at a speed >45 MPH. §32:62(C)

IV. No person shall operate a school bus carrying children at a speed >55 MPH.4 §32:62(D)

V. A vehicle carrying a pre-cast fiberglass swimming pool shall not be operated at a speed >45 MPH. §32:387.3(A)

VI. A person shall not operate a log loader at a speed >40 MPH. §47:502.1(B)

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Misdemeanors. §32:57(A) & Code of Criminal Procedure, Article 933

Other:

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): 1st offense-Not more than 30 days; Subsequent offense-Not more than 90 days.. §§32:57(A) & 47:502.1(B)

Mandatory Minimum Term: None

Fine:

Amount ($ Range): 1st offense-Not more than $175;5 Subsequent offense -Not more than $500. §§32:57(A) & 47:502.1(B)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: An offender may be required to attend a driver education, training or improvement program.6 Code of Criminal Procedure, Article 892.1

Other: A fee of $5 is assessed for the purpose of funding the Traumatic Head and Spinal Cord Injury Trust Fund. §46:2633(B)

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension, Revocation or Cancellation.7 §32:414(E)(3) & (4)

Term of License Withdrawal

(Days, Months, Years, etc.): Not more than 1 year. §32:414(F)(2)

Mandatory Minimum Term of

Withdrawal: None8

Sanctions Following an Adjudication of a Speed Law Violation :

(continued)

Miscellaneous Sanctions

Not Included Elsewhere: A person who violates the speed limits on Louisiana expressways established via regulations promulgated under separate statutory authority is subject to imprisonment for not more than 90 days and/or a fine of not more than $200. §48:1272(A)

Other Criminal Actions Related to Speeding :

Drag Racing or Racing on the Highway : Misdemeanor §32:65 & Code of Criminal Procedure, Article 933

Sanctions:

Criminal Sanction:

Imprisonment (Term): 1st offense-Not more than 30 days; Subsequent offense-Not more than 90 days. §32:57(A)

Mandatory Minimum Term: None

Fine ($ Range): 1st offense-Not more than $175; Subsequent offense-Not more than $500. §32:57(A)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension, Revocation or Cancellation. §32:414(E)(3) & (4)

Length of Term of

Licensing Withdrawal: Not more than 1 year. §32:414(F)(2)

Mandatory Action‑‑Minimum

Length of License

Withdrawal: None

Other: An offender may be required to attend a driver education, training or improvement program. Code of Criminal Procedure, Article 892.1

Reckless Vehicle Operation9 : Misdemeanor. §§14:2(4) & (6), 14:99 and Code of Criminal Procedure, Article 933

Sanction:

Criminal:

Imprisonment (Term): 1st offense-Not more than 90 days; Subsequent offense-10 days to 6 months. §14:99

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): 1st offense-Not more than $200; Subsequent offense-$25 to $500. §14:99

Mandatory Minimum Fine: None

Other Criminal Actions Related to Speeding :

(continued)

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension, Revocation or Cancellation. §32:414(E)(3) & (4) Suspension (mandatory) for 3 offenses within 12 months §32:414(B)(5)

Length of Term of License

Withdrawal Action: Not more than 1 year. §32:414(F)(2)

Mandatory Term of License

Withdrawal Action: None

Other: I. An offender may be required to attend a driver education, training or improvement program. 6 Code of Criminal Procedure, Article 892.1

II. A fee of $5 is assessed for the purpose of funding the Traumatic Head and Spinal Cord Injury Trust Fund. §46:2633

Careless Vehicle Operation : Misdemeanor. §§14:2(4) & (6), 32:58 and Code of Criminal Procedure, Article 933

Sanction:

Criminal:

Imprisonment (Term): 1st offense-Not more than 30 days; Subsequent offense-Not more than 90 days. §32:57(A)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): 1st offense-Not more than $175; Subsequent offense-Not more than $500. §32:57(A)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension, Revocation or Cancellation. §32:414(E)(3) & (4)

Length of Term of License

Withdrawal Action: Not more than 1 year. §32:414(F)(2)

Mandatory Term of License

Withdrawal Action: None 8

Other: An offender may be required to attend a driver education, training or improvement program. 6 Code of Criminal Procedure, Article 892.1

Commercial Motor Vehicle (CMV) Operators10 :

Grounds for Disqualification : A person is disqualified from operating a CMV if while driving such a vehicle he/she (1) commits 2 "serious traffic violations"11 within a 3 - year period or (2) commits 3 such violations within a 3 - year period. §32:414.2(5)

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. §32:414.2(5)

Period of Mandatory Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §32:414.2(5)

1 St. Tammany Parish & Adjacent Areas: The following speed limits apply in St. Tammany Parish and adjacent areas when, due to fog, visibility is £ 1,000 feet: Fifty-five (55) MPH from the intersection of Interstates 10, 12 and 59 west to Louisiana Highway 433 (Old Spanish Trail); 45 MPH west form the intersection of Interstate 10 and Louisiana Highway 433 to the north shore foot of the Interstate 10 bridge that crosses Lake Pontchartrain; 35 MPH west from the north shore foot of the Interstate 10 bridge that crosses Lake Pontchartrain to one (1) mile south of the foot bridge on the south shore. §32:63.1(A)

2 Note: Louisiana law does not specifically state whether different highway speed limits may be established for different types of vehicles, for various weather conditions or for different times of the day.

3 If the mobile home is either (1) ³ 15 feet but £ 30 feet and is equipped with brakes or (2) <15 feet and is not equipped with brakes, it may be towed at a speed £ 55 MPH between sunrise and sunset and £ 50 MPH between sunset and sunrise. §32:62(B)

4 However, if the school bus is making frequent stops discharging children, it cannot be operated at a speed >35 MPH. §32:62(D)

5 For persons who operate a log loader in excess of 40 MPH, the fine for a 1st offense is not more than $100. §47:502.1(B) In all other respects, the sanctions for this offense are the same as for other speeding violations.

6 I. The court may suspend the sentence of 1st offenders (misdemeanor offenders under Title 32) and order them to attend this program. Upon completion of the program, the offender's conviction may be set aside. Code of Criminal Procedure, Article 892.1(B) & (C). II. For either 1st or subsequent offenders, the court may defer proceedings and allow an offender to participate in this program provided the following conditions are satisfied: (1) The offender pleads either nolo contendere or guilty to the charge; (2) the offender has not participated in such a program within 2 years; and, (3) the offense did not involve exceeding the posted speed limit by 25 MPH or more. Code of Criminal Procedure, Article 892.1(E). Upon completion of the course, the court sets aside the conviction. However, the court can only set aside one charge for each course completed. Code of Criminal Procedure, Article 892.1(H)

7 The licensing agency is authorized to suspend, revoke or cancel a person's license upon a showing either (1) that he/she has been convicted (or forfeited bail) on traffic offenses with such a frequency that indicates a disrespect for the traffic law or (2) he/she is a habitually reckless or negligent driver. §32:414(E)(3) & (4)

8 A person who has had his/her license suspended, revoked or cancelled for the first time may apply for driving privileges based on economic hardship; i.e., the loss of driving privileges would deprive the offender from earning a living. §32:415.1(A)

9 “Reckless operation” of a vehicle is defined as driving in a criminally negligent or reckless manner, §14:99, whereas, “careless operation” of a vehicle means driving so as to endanger the life, limb, or property of any person. §32:58

10 A 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 ³ 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. §32:401(5)

11 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §32:414.2(A)(d)(i) & (ii).

JURISDICTION: MASSACHUSETTS

This chapter summarizes Massachusetts State statutes related to speed.

General Reference: Massachusetts General Laws Annotated and Code of Massachusetts Regulations (CMR)

Basis for a Speed Law Violation :

Basic Speed Rule: No person shall "run" a motor vehicle at a rate of speed greater than is reasonable and proper, having regard to traffic and the use of the way and the safety of the public.1 Ch. 90, §17

Statutory Speed Limit: 65 MPH on certain parts of interstate highways.2 Ch. 90, §17A

See Other below.

Posted (Maximum) Speed Limit: The State or a local government may regulate the speed limit on a highway. Ch. 90, §18 Note: Massachusetts law does not specifically state whether different highway speed limits may be established either for different types of vehicles, for various weather conditions or for different times of the day.

Minimum Speed Limit: No person shall drive in such a manner as to obstruct unnecessarily the normal movement of traffic upon a highway. 720 CMR 9.06(6)(a)

Posted (Minimum) Speed Limit:

Other: I. No vehicle with a load of weighing >4 tons when equipped with metallic tire shall be operated at a speed >4 MPH. Ch. 85, §31

II. Certain State agencies have the authority to regulate speed on certain roads or highways under their jurisdiction. The regulations governing these speed limits are not reported in detail.3

III. Except on limited access highways, a school bus

shall not be driven >40 MPH while actually engaged in carrying school children. Ch. 90, §17

IV. A motorized bicycle shall not be driven at speed >25 MPH. Ch. 90, §1B

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: Speed Violations are Civil Motor Vehicle Infractions. Ch. 90C, §1

Other:

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): None.

Mandatory Minimum Term:

Fine:

Amount ($ Range): Basic Speed Rule, Speed Limit Violations-Not less than $50.4 If the offender was exceeding the speed limit by >10 MPH, an additional fine of $10 per MPH over the speed limit. Ch. 90, §20. The fine is doubled for exceeding the posted speed limit in a construction zone. Ch. 90, §17

Exceeding 4 MPH While Operating Vehicles with Metallic Tires with a Load >4 Tons -Not more than $100. Ch. 85, §32

Driving a Motorized Bicycle >25 MPH - 1st offense-A fine of not less than $25. 2nd offense-A fine of not less than $25 nor more than $50. Subsequent offense-a fine of not less than $50 nor more than $100. Ch. 90, §1B

Mandatory Min. Fine ($): None.

Other Penalties:

Traffic School:

Other: A surcharge of $25 is assessed for the Head Injury Treatment Services Trust Fund. Ch. 90, §20

Licensing Action: IMPORTANT. Action is limited to certain speed law violations.5

Sanctions Following an Adjudication of a Speed Law Violation :

(continued)

Type of Licensing Action

(Susp/Rev):

Term of License Withdrawal

(Days, Months, Years, etc.):

Mandatory Minimum Term of

Withdrawal:

Miscellaneous Sanctions

Not Included Elsewhere:

Other Criminal Actions Related to Speeding :

Drag Racing : Civil Motor Vehicle Infraction. Ch. 90, §17B & Ch. 90C, §1

Sanctions:

Criminal Sanction:

Imprisonment (Term): None.

Mandatory Minimum Term:

Fine ($ Range): 1st offense-$100 to $500. Subsequent offense-$200 to $1,000. Ch. 90 §17B

Mandatory Minimum Fine: None.

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension. Ch. 90, §§17B & 20

Length of Term of

Licensing Withdrawal: 1st offense (ALL OFFENDERS)-Not less than 30 days. Subsequent offense-Not less than 60 days. Ch. 90 §17B

For persons <18 years old who hold a “junior operator’s license”- 2nd offense-180 days. 3rd or subsequent offense-1 year. Ch. 90, §20

Mandatory Action‑‑Minimum

Length of License

Withdrawal: 1st offense (ALL OFFENDERS)-30 days. Subsequent offense-60 days. Ch. 90 §17B The minimum suspension period appears to be mandatory.

For persons <18 years old who hold a “junior operator’s license”- 2nd offense-180 days. 3rd or subsequent offense-1 year. Ch. 90, §20

Other: N/A

Racing on the Highway6 : Misdemeanor. Ch. 90, §24(2)(a) & Ch. 274, §1

Sanction:

Criminal:

Imprisonment (Term): 2 weeks to 2 years. Ch. 90, §24(2)(a)

Mandatory Minimum Term

of Imprisonment: None.

Fine ($ Range): $20 to $200. Ch. 90, §24(2)(a)

Mandatory Minimum Fine: None.

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Revocation. Ch. 90, §24(2)(b)

Length of Term of License

Withdrawal Action: 1st offense-At least 60 days. Subsequent offense within 3 years-at least 1 year. Ch. 90, §24(2)(c)

Mandatory Term of License

Withdrawal Action: 1st offense-60 days. Subsequent offense within 3 years-1 year. Ch. 90, §24(2)(c)

Other: The registrations of any vehicles owned by the offender may be revoked. Ch. 90, §24(2)(b)

Reckless Driving7 : Misdemeanor. Ch. 90, §24(2)(a) & Ch. 274, §1

Sanction:

Criminal:

Imprisonment (Term): 2 weeks to 2 years. Ch. 90, §24(2)(a)

Mandatory Minimum Term

of Imprisonment: None.

Fine ($ Range): $20 to $200. Ch. 90, §24(2)(a)

Mandatory Minimum Fine: None.

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Revocation. Ch. 90, §24(2)(b)

Length of Term of License

Withdrawal Action: 1st offense-At least 60 days. Subsequent offense within 3 years-at least 1 year. Ch. 90, §24(2)(c)

Mandatory Term of License

Withdrawal Action: None. The licensing agency may rescind the revocation at any time. Ch. 90, §24(2)(c)

Other: The registrations of any vehicles owned by the offender may be revoked. Ch. 90, §24(2)(b)

Surcharge.8 A defendant must pay a surcharge of $250 for the purpose of funding head injury treatment services. Ch. 90 §24(2)(a)

Commercial Motor Vehicle (CMV) Operators9 :

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a vehicle the/she (1) commits 2 "serious traffic violations"10 within a 3 - year period or (2) commits 3 such violations within a 3 - year period. Ch. 90F, §9(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. Ch. 90F, §9(E)

1 It is prima facie evidence of a violation of this rule if a person operates a motor vehicle in excess of the following speed limits: (1) >50 MPH on a divided highway outside a thickly populated business district; (2) >40 MPH on any other highway outside a thickly populated business district; (3) >30 MPH inside a thickly populated business district; (4) >20 MPH in an established school zone; and, (5) >15 MPH in the vicinity of a vehicle which is selling merchandise and is displaying flashing amber lights. Ch. 90, §17

2 2 00 This speed limit applies “on interstate highway route 90, the Massachusetts Turnpike, between the New York state border and the Westfield interchange, and from the Ludlow interchange to the Auburn interchange, interstate highway route 91 from the Vermont border to Northampton, Exit 21, and interstate 95 from the Newbury interchange 56 to the Danvers interchange 50...” Ch. 90, §17A

3 E.g., 321 CMR 3.01(1)(g) which regulates speed on roads in wildlife management areas; 350 CMR 4.01(2) which regulates speed on roads controlled by the Metropolitan District Commission; 740 CMR 11.05(2) which regulates speed on the Maurice J. Tobin Bridge; 304 CMR 12.23(1) & (2) which regulates speed in certain forests and parks; and, 740 CMR 21.51(6) which regulates speed on roads around certain airports.

4 I. Heavy Vehicles. A person who violates the speed laws when operating any motor vehicle, trailer, semi-trailer, semi-trailer unit or tandem unit, operating under a permit issued under Ch. 85, §§30 and 31A, and which is over weight, is subject to the following fine sanctions: 1st offense-Not more than $100; 2nd offense within 12 months-$100 to $150; and, subsequent offense-$150 to $300. Ch. 90, §20.

II. Exceeding the 65 MPH Speed Limit on Interstate Highways. Although the law is not clear, it appears that the following sanctions (the general sanctions for a violation of the traffic laws) apply to this violation: 1st offense-$35; 2nd offense within 12 months- $35 to $75; and a subsequent offense within 12 months-$75 to $150. Ch. 90, §20.

5 203 I. For a violation of either the Basic Speed Rule (Ch. 90, §17) or a Posted Speed Limit (Ch. 90, §18)- 3rd or subsequent offense (within 12 months)-Revocation for at least 30 days. Ch. 90, §20. A 30-day revocation period appears to be mandatory. II. For persons <18 years old who hold a “junior operator’s license” and who violate either the Basic Speed Rule (Ch. 90, §17), the 65 MPH speed limit (Ch. 90, §17A) or a Posted Speed Limit (Ch. 90, §18)- 2nd offense-Suspension for 180 days (mandatory) and 3rd or subsequent offense-Suspension for 1 year (mandatory). Ch. 90, §20 . III. The State licensing agency has the authority to either suspend or revoke a person's driving privilege based on a violation of the traffic laws if it believes that the violation was of such a nature that continuing to allow the offender to drive would "constitute an immediate threat to the public safety." Ch. 90, §22(a)

6 Although the State does not have a specific crime entitled "racing on the highway", it does make it an offense to operate a motor a vehicle on a highway upon a bet or wager in a race or for the purpose of making a record. Ch. 90, §24(2)(a)

7 The law makes it an offense to operate a motor vehicle either (1) recklessly or (2) “negligently so that the lives or safety of the public might be endangered....” Ch. 90, §24(2)(a)

8 206 This surcharge only applies to violations of the law related to negligent driving that endangers either lives or the public’s safety.

9 A 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 ³ 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. Ch. 90F, §1

10 A "serious traffic violation" includes excessive speed as determined by the U.S. Department of Transportation (exceeding the speed limit by 15 or more MPH), operating a motor vehicle as to endanger or reckless driving. Ch. 90F, §1

JURISDICTION: MARYLAND

This chapter summarizes Maryland State statutes related to speed.

General Reference: Annotated Code of Maryland. Most references are to the Transportation Article (Tran.)

Basis for a Speed Law Violation :

Basic Speed Rule: A person may not operate a vehicle at a speed that, with regard to the actual and potential dangers existing, is more than that which is reasonable and prudent under the conditions. Tran. §21-801(a)

Statutory Speed Limit: 65 MPH is the maximum speed limit that can be established on any highway. Tran. §21-801.1(e)(2)

See Other below.

55 MPH on highways that are not interstate highways or expressways Tran. §21-801.1(b)(4) & (e)(1)

50 MPH on undivided highways except as noted below Tran. §21-801.1(b)(3)

35 MPH on divided highways in residential districts Tran. §21-801.1(b)(2)

30 MPH on highways in business districts or on undivided highways in residential districts Tran. §21-801.1(b)(1)

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State Highway Administration may alter the above speed limits. Such alterations may provide for different speed limits (1) at specified times of the day, for certain weather conditions, for various types of vehicles, and for other reasons concerned with highway safety. However, no speed limit shall be (1) >65 MPH on any highway or (2) >55 MPH on highways which are not interstate highways or expressways. Tran. §§21-801.1(d) and (e)(1) & (2), 21-802

II. Based on engineering and traffic investigations, local governments1 may establish posted speed limits.2 However, a speed limit of >50 MPH cannot be established in an urban district. In addition, a speed limit <25 MPH cannot be established outside an urban district. Tran. §21-803

III. A local government may establish a safe maximum speed limit for an alley. Tran. §21-803(e)

IV. The State Highway Administration or a local government may establish a speed limit in a designated school zone that is within half-mile of a school on

Basis for a Speed Law Violation :

(continued)

highways under their respective jurisdictions.3 However, such speed limit cannot be >35 MPH in a school zone where a school crossing guard is present. Tran. §21-803.1(a), (e) & (f)

Minimum Speed Limit: I. A person shall not willfully operate a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. Tran. §21-804(a)

II. A person who is driving a vehicle (1) at 10 MPH or more below the posted speed limit or (2) at less than the normal speed of traffic shall drive in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway. Tran. §21-301(b)

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State Highway Administration or a local government may establish a minimum speed limit on a highway or part thereof. Tran. §§21-804(b) & 21-1409

Other: I. The State Highway Administration, a county, a municipal corporation, or Baltimore City may reduce speed limits in highway work zones. Tran. §§1-101(e) & 21-802.1

II. A school bus cannot be operated at a speed >50 MPH while carrying any passengers. Tran. §21-806(a)

III. Following an investigation, the State Highway Administration may establish a maximum safe speed for any bridge or elevated structure. Tran. §21-806(b)

IV. Certain "dump trucks" cannot be operated at a speed >45 MPH when loaded. This restriction does not apply on divided highways with two or more lanes in each direction. Tran. §13-919(g)

V. A person cannot ride a motor scooter on a highway with a posted speed limit >50 MPH or a speed >30 MPH. Tran. §21-1205.1(a)(1) & (c)

VI. Low speed vehicles4 may not be driven on:

(1) highway for which the posted maximum speed limit exceeds 30 miles per hour;
(2) on an expressway or another controlled access highway;
(3) on a highway on which driving a low speed vehicle is prohibited by a county or municipal ordinance; or
     (4) across a highway for which the posted maximum speed limit exceeds 45 miles per hour, except at an intersection that is controlled by:
     (i) a traffic control signal; or
     (ii) a stop sign at each approach to the intersection. §21-1123.

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Misdemeanors. Tran. §27-101(a)

Other: N/A

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): None

Mandatory Minimum Term:

Fine:

Amount ($ Range): Not more than $500. Tran. §27-101(b)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School:

Other: School Zone: A fine double what would otherwise apply but not more than $1,000 may be imposed for exceeding a school zone speed limit. Tran. §27-101(r)

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension or Revocation via a Point System5

Term of License Withdrawal

(Days, Months, Years, etc.): Not more than 2 years

Mandatory Minimum Term of

Sanctions Following an Adjudication of a Speed Law Violation:

(continued)

Withdrawal: None. If a suspension or revocation would adversely affect an offender's employment or opportunity for employment, such licensing action may be declined, canceled or modified. Tran. §16-405(a)

Miscellaneous Sanctions

Not Included Elsewhere: Notification: If a minor (a person <18 years old) is charged with a speeding offense where the speed was ³ 20 MPH over the speed limit, the State notifies the cosigner of the minor's license of the charge. Art. 1, §24(b)(2) & Tran. §21-808

Other Criminal Actions Related to Speeding :

Race or Speed Contest on a Highway : Misdemeanor. Tran. §§21-1116(a) & 27-101(a)

Sanctions:

Criminal Sanction:

Imprisonment (Term): None.

Mandatory Minimum Term:

Fine ($ Range): Not more than $500. Tran. §27-101(b)

Mandatory Minimum Fine: None.

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension or Revocation via a Point System.

Length of Term of

Licensing Withdrawal: Not more than 2 years.

Mandatory Action‑‑Minimum

Length of License

Withdrawal: None. If a suspension or revocation would adversely affect an offender's employment or opportunity for employment, such licensing action may be declined, canceled or modified. Tran. §16-405(a)

Other:

Reckless Driving6 : Misdemeanor. Tran. §§21-901.1(a) & 27-101(a)

Sanction:

Criminal:

Imprisonment (Term): None.

Mandatory Minimum Term

of Imprisonment:

Fine ($ Range): Not more than $1,000. Tran. §27-101(g)

Mandatory Minimum Fine: None.

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension or Revocation via a Point System.

Length of Term of License

Withdrawal Action: Not more than 2 years.

Mandatory Term of License

Withdrawal Action: None. If a suspension or revocation would adversely affect an offender's employment or opportunity for employment, such licensing action may be declined, canceled or modified. Tran. §16-405(a)

Other: N/A

Negligent Driving7 : Misdemeanor. Tran. §§21-901.1(b) & 27-101(a)

Sanction:

Criminal:

Imprisonment (Term): None.

Mandatory Minimum Term

of Imprisonment:

Fine ($ Range): Not more than $500. Tran. §27-101(b)

Mandatory Minimum Fine: None.

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension or Revocation via a Point System.

Length of Term of License

Withdrawal Action: Not more than 2 years.

Mandatory Term of License

Withdrawal Action: None. If a suspension or revocation would adversely affect an offender's employment or opportunity for employment, such licensing action may be declined, canceled or modified. Tran. §16-405(a)

Other:

Aggressive Driving:8 Misdemeanor. Tran. §§21-901.2 & 27-101(b)

Sanction:

Criminal:

Imprisonment (Term): None.

Mandatory Minimum Term

of Imprisonment:

Fine ($ Range): Not more than $500. Tran §27-101(b)

Aggressive Driving

(continued)

Mandatory Minimum Fine: None.

 

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension or Revocation via a Point System.

Length of Term of License

Withdrawal Action: Not more than 2 years.

Mandatory Term of License

Withdrawal Action: None. If a suspension or revocation would adversely affect an offender's employment or opportunity for employment, such licensing action may be declined, canceled or modified. Tran. §16-405(a)

Other: N/A

Commercial Motor Vehicle (CMV) Operators9 ;

Grounds for Disqualification :

A person is disqualified from operating a CMV if while driving such a vehicle he/she either (1) commits 2 "serious traffic violations" 10 within a 3 - year period or (2) commits 3 such violations within a 3 - year period. Tran. §16-812(f) & (g)

Period of Disqualification : 2 serious violations (within 3 years)-60 days. 3 serious violations (within 3 years)-120 days. Tran. §16-812(f) & (g)

Period of Mandatory Disqualification : 2 serious violations (within 3 years)-60 days. 3 serious violations (within 3 years)-120 days. Tran. §16-812(f) & (g)

1 County boards of education and university and college officials have the authority to establish speed limits on property within their jurisdictions. Tran. §21-803.2

2 With the exception of the City of Baltimore, the State Highway Administration must approve the alteration of a speed limit on a State highway by a local authority. Tran. §21-803(d)

3 Under other statutory authority, a county or a municipality within a county may establish a speed limit of 15 MPH in a school zone during school hours. Tran. §21-803(b)(2)

4 "Low speed vehicle" means a four-wheeled electric vehicle that has a maximum speed capability that exceeds 20 miles per hour but is less than 25 miles per hour. §11-130.1.

5  

Point System: If a person accumulates 8 points (16 points if the offender is required to drive in the course of employment) or 12 points (19 points if the offender is required to drive in the course of employment) within 2 years, he/she is subject respectively to either a license suspension or revocation. Tran. §§16-404(a)(3) & 16-405(b). An initial suspension is from 2 to 30 days; a subsequent suspension is from 15 to 90 days. A person who has had his/her license revoked is subject to the following revocation periods: 6 months if it is the offender's first revocation; 1 year if it is the offender's second revocation; 18 months if it is the offender's third revocation; and, 2 years of it is the offender's fourth or subsequent revocation. Tran. §§16-208(b) & 16-404(c)(1). Note: For persons <18 years old, suspension is for 6 months if they accumulate 6 points and is for 1 year if they accumulate 2 additional points. Tran. §16-206(b). These suspensions may be modified (i.e., they are not mandatory). Tran. §16-206(c)(5). The following points are assessed for speeding offenses and speed related law violations: Speeding ³ 10 MPH over the posted speed limit-2 points; aggressive driving-5 points; reckless driving-6 points; speeding ³ 30 MPH over the posted speed limit-5 points; participating in a race or speed contest on a highway-5 points; and exceeding the 65 MPH posted speed limit by ³ 20 MPH-5 points. Tran. §16-402(a) Provisional Licensee: A person who holds a provisional license is subject to the following sanctions, which are in addition to any other sanctions for a conviction of a moving violation that requires the assessment of points. 1st offense-the offender is required to attend a “driver improvement program;” 2nd violation-An offender’s license may be suspended for not more than 30 days; and, 3rd or subsequent violation-An offender’s license may be suspended for not more than 180 days. Tran. §16-213(c). Note: A provisional license is generally issued to persons who are less than 18 years old. Except for activities related to employment, education or athletic events, a provisional licensee can only operate a motor vehicle while “unsupervised” between the hours of 5 A.M. to midnight. Tran. §§16-103(c) & 16-113(d)

6 "Reckless driving" is defined as operating a motor vehicle either (1) in wanton or willful disregard for the safety of persons or property, or (2) in a manner that indicates a wanton or willful disregard for the safety of persons or property. Tran. §21-901.1(a)

7 "Negligent driving" is defined as operating a motor vehicle in a careless or imprudent manner that endangers any property or the life or person of any individual. Tran. §21-901.1(b)

8 Aggressive Driving is defined as violating three or more of the following provisions “during a single and continuous period of driving”: (1) Tran. §21-202 (Traffic Lights with Steady Indication); (2) Tran. §21-303 (Overtaking and Passing Vehicles); (3) Tran. §21-304 (Passing on Right); (4) Tran. §21-309 (Driving on Laned Roadways): (5). Tran. §21-310 (Following Too Closely); (6) Tran. §21-403 (Failure to Yield Right-of-Way): and (7) Tran. §21-801.1 (Exceeding a Maximum Speed Limit). §21-901.2

9 A 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 be placarded in accordance with U.S. Department of Transportation regulations. Tran. §11-109.1(a)

10 A “serious traffic violation” includes excessive speeding as defined by the U.S. Department of Transportation (exceeding the speed limit by 15 or more MPH) or reckless driving. Tran. §16-803(h)(1)(i) & (ii)

JURISDICTION: MAINE

This chapter summarizes Maine State statutes related to speed.

General Reference: Maine Revised Statutes Annotated (MRSA) & Code of Maine Rules (CMR)

Basis for a Speed Law Violation :

Basic Speed Rule: A person shall operate a vehicle at a careful and prudent speed not greater than is reasonable and proper having due regard to the traffic, surface and width of the way and of other conditions then existing. Title 29-A, §2074

Statutory Speed Limit: 45 MPH on all other public ways. Title 29-A, §2074(1)(D) Important: For maximum speed limits on the Maine Turnpike and interstate and divided controlled-access highways, see I under Posted (Maximum) Speed Limit below.

25 MPH in business or residential districts. Title 29-A, §2074(1)(C)

15 MPH when passing a school during recess or when the students are going to or leaving the school. Title 29-A, §2074(1)(A)

Posted (Maximum) Speed Limit: I. The State is authorized to increase or decrease the above speed limits.1 However, no posted speed limit can exceed 65 MPH for the Maine Turnpike and interstate or divided controlled-access highways or 60 MPH for all other roads. Title 23, §1973(2) & Title 29-A, §2073(1)

II. A municipal authority may establish speed limits in public parks and the entrances to such parks and, within certain limitations, may alter speed limits on other highways2. Title 29-A, §2075(3)(C) & (D)

Minimum Speed Limit: A person may not operate a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. Title 29-A, §2075(1)

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State may establish a minimum speed limit on a public way. Title 29-A, §2075(1)

Other: I.A school bus may not be operated >45 MPH when transporting students. At other times, such vehicles cannot

Basis for a Speed Law Violation :

(continued) be operated at a speed >55 MPH. Title 29-A, §2074(1)(E)

II. A person may not operate a motorized bicycle or a motorized scooter >20 MPH. Title 29-A, §2063(6)

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: Speed Law Violations are Non-Criminal Traffic Infractions. Title 29-A, §§101(85), 103(1) & 104

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years, Etc.): None

Mandatory Minimum Term:

Fine:

Amount ($ Range): $25 to $500.3 Title 29-A, §§103(3) & 2604

Mandatory Min. Fine ($): $25. Title 29-A, §104. For exceeding the 65 MPH speed limit by <30 MPH on the Maine Turnpike or an interstate highway-$50. Title 29-A, §2074(3-A)

$10 forfeiture for a person ≥17 years old operating a motorized bicycle or motorized scooter >20 MPH.4 Title 29-A, §2063(7)

Other Penalties:

Traffic School: A person who completes a defensive driving course will have his/her demerit point total reduced by 3 points. This can only occur once in a 12 - month period. CMR29-250-001

Other: School Zone: The scheduled fine is double the usual amount for exceeding the speed limit in a school zone. Title 29-A, §2074(3-B)

Construction Zone: The scheduled fine is doubled for exceeding posted speed limits in a construction or maintenance zone. Title 29-A, §2075(2)

Surcharges: Twelve percent (12%) and 2% surcharges must be imposed on any fine for the respective purposes of funding jail/criminal operations and the Community Policing Institute. 4 MRSA §§1057 & 1057-A (scheduled for repeal September 30, 2003.)

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension5 Title 29-A, §§103(3) and 2458(2)(B) & (C)

Sanctions Following an Adjudication of a Speed Law Violation:

(continued)

Term of License Withdrawal

(Days, Months, Years, etc.): 15 days. 3 previous suspensions within 3 years-120 days.

Mandatory Minimum Term of

Withdrawal: None. Suspension action is discretionary with the licensing agency.

Miscellaneous Sanctions

Not Included Elsewhere: In addition to or in lieu of any other sanction for a traffic law violation, a court may suspend an offender's license for not more than 60 days. Title 29-A, §2418

Other Criminal Actions Related to Speeding6 :

Exceeding Speed Limit by 30 MPH : Class E Crime. Title 29-A, §2074(3)

Sanctions:

Criminal Sanction:

Imprisonment (Term): Not more than 6 months in the county jail. Title 17-A, §1252(2)(E)

Mandatory Minimum Term: None

Fine ($ Range): Not more than $1,000. Title 17-A, §1301(1-A)(E)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension. Title 29-A, §2458(C) & CMR29-250-001(3)

Length of Term of

Licensing Withdrawal: 30 days. Title 29-A, §2458(C) & CMR29-250-001(3)

(Chapter 1, 29A-250)

Mandatory Action‑‑Minimum

Length of License

Withdrawal: None

Other: I. An offender may be sentenced to perform community service for the benefit of the State, a local government, a school district or other public entity. Title 17-A, §1345

II. In addition to or in lieu of any other sanction for a traffic law violation, a court may suspend an offender's license for not more than 60 days. Title 29-A, §2418

Other Criminal Actions Related to Speeding:

(continued)

III. Surcharges. Twelve percent (12%) and 2% surcharges must be imposed on any fine for the respective purposes of funding jail/criminal operations and the

Community Policing Institute. 4 MRSA §§1057 & 1057-A

Driving to Endanger7: Class E Crime. Title 29-A, §2413(1).

Sanction:

Criminal:

Imprisonment (Term): Not more than 6 months in the county jail. Title 17-A, §1252(1)(A) & (2)(E)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): Not more than $1,000. Title 17-A, §1301(1-A)(E)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension. Title 29-A, §§2413(3) & 2458(2)(H)

Length of Term of License

Withdrawal Action: 30 to 180 days Title 29-A, §2413(3)

Mandatory Term of License

Withdrawal Action: 30 days. Title 29-A, §2413(3)

Other: I. An offender may be sentenced to perform community service for the benefit of the State, a local government, a school district or other public entity. Title 17-A, §1345

II. In addition to or in lieu of any other sanction for a traffic law violation, a court may suspend an offender's license for not more than 60 days. Title 29-A, §2418

III. Surcharges. Twelve percent (12%) and 2% surcharges must be imposed on any fine for the respective purposes of funding jail/criminal operations and the Community Policing Institute. 4 MRSA §§1057 & 1057-A

Commercial Motor Vehicle (CMV) Operator8s : 226

Grounds for Suspension: A person's CDL is suspended if, while driving a CMV,

he/she either (1) commits 2 "serious traffic violations9": 227

within a 3 - year period or (2) commits 3 such violations

within a 3 - year period. Title 29-A, §§1253(2)(C) & 2458(2)(M) and CMR 29-250-006 (§5)

Period of Suspension : 2 serious violations (within 3 years)-Not less than 60

days. 3 serious violations (within 3 years)-Not less than 120 days. Title 29-A, §2458(2)(M) and CMR 29-250-006 (§5)

Period of Mandatory Suspension : 2 serious violations (within 3 years)-60 days. 3 serious violations (within 3 years)-120 days. Title 29-A, §2458(2)(M) an and CMR 29-250-006 (§5)

1 Note: Maine law does not specifically state whether different highway speed limits may be established either for different types of vehicles, for various weather conditions or for different times of the day.

2 A local government, other than a “qualifying municipality,” must obtain approval for any speed limit changes from the State Department of Transportation and the Chief of the State Police prior to changing the speed limits on non- public park highways. Title 29-A, §2075(3)(D). A “qualifying municipality” (a municipality with a population ≥2,500) may establish speed limit on its highways after notifying the State Department of Transportation that it intends to do so and after conducting traffic investigations. Title 29-A, §2075(3)(E).

3 Within these limits, the Chief Judge of the District Court establishes a fine schedule for traffic infractions. Title 4, §164(12)(B)

4 Discretionary Impoundment of Motorized Bicycle or Motorized Scooter: A person ≥ 17 years old who operates a motorized bicycle or motorized scooter > 20 MPH is subject to have the vehicle impounded as follows: for 1st offense 5 days; for a 2nd offense, 10 days; and for a 3rd or subsequent offense, 30 days. Title 29-A, §2063(8)

5 Point System: I. An offender's license may be suspended for up to 15 days if he/she accumulates 12 points within 1 year. If the offender has had 3 previous suspensions within 3 years, he/she is subject to a suspension for up to 120 days. II. The following points are assigned for speeding or speed related offenses: exceeding the speed limit by ³ 15 but <30 MPH-6 points; exceeding the speed limit by <15 MPH-4 points; excessive acceleration-4 points; imprudent driving or speeding-4 points; failure to reduce speed on curve-2 points; obstructing the flow of traffic-2 points; speed under the posted minimum-2 points; and, squealing tires-2 points. Title 29-A, §2458(2)(C) & (3) and CMR 29-250-001

6Assault Related Revocations: If a person operates a motor vehicle in a manner which (1) causes bodily or serious bodily injury to another individual, (2) creates a substantial risk of serious bodily injury to another individual, or (3) places another individual in fear of imminent bodily injury and the person is convicted of any criminal offense related to assault, reckless conduct or threatening, his/her license is immediately and indefinitely revoked without a further hearing. The person may be issued a license after the following periods: (1) 3 years after discharge from incarceration for a Class A, B or C Crime; (2) 2 years after discharge from incarceration for a Class D Crime; or (3) 1 year after discharge from incarceration for a Class E Crime. Title 29-A, §2463

7 A person commits this offense if he/she operates a motor vehicle in a manner that endangers the property of another. This includes the property of either the operator or a passenger in the vehicle. Title 29-A, §2413(1)

8 A 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 ³ 26,001 lbs., is a bus or is transporting hazardous materials which requires that the vehicle to be placarded in accordance with U.S. Department of Transportation regulations. Title 29-A, §101(17)

9 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. CMR 29-250-006 §2(H)(1) & (2)

JURISDICTION: MICHIGAN

This chapter summarizes Michigan State statutes related to speed.

General Reference: Michigan Compiled Laws Annotated

Basis for a Speed Law Violation :

Basic Speed Rule: A person shall operate a vehicle at a careful and prudent speed not greater than nor less than is reasonable and proper, having due regard to the traffic, surface, and width of the highway and of any other condition then existing. §257.627(1)

Statutory Speed Limit: 70 MPH on parts of freeways under a special speed study. §257.628(7)

See Other below. 65 MPH, except as noted above, on freeways. §257.628(7)

55 MPH on other highways. §257.628(1)

25 MPH (prima facie unlawful speed) in business or residence districts, in public parks or in school zones.1 §§257.627(2) & 257.627a(2)

25 MPH on county highways or interconnected group of county highways not more than 1 mile in total length that connect with a county road system. §257.628(3)

Posted (Maximum) Speed Limit: I. Notwithstanding the above speed limits and based on engineering and traffic investigations, State and local governments may establish maximum speed limits on highways under their jurisdictions. However, not more than 170 miles of the State’s freeways shall have a speed limit <65 MPH. §258.628(1) & (7) Note: Michigan law does not specifically state whether different highway speed limits may be established either for different types of vehicles, for various weather conditions or for different times of the day.

II. Local authorities may increase or decrease the 25 MPH speed limit in a school zone. 1 §§257.627a(4) & 257.606(1)(k)

III. Local authorities may increase the prima facie speed limits within their jurisdictions. However, a

prima facie speed limit outside either a business or residential district shall not be <25 MPH. A prima facie speed limit of not <15 MPH may be established

Basis for a Speed Law Violation : (continued) for publicly owned parks or playgrounds. §257.629(1) & (4)

IV. A municipal government may establish speed limits on the properties of any board of education, school district or community college district located within its jurisdiction. §257.961

V. When a state of emergency exists, the governor may reduce the speed limit on any street, highway or freeway via executive order. §257.629b(1)

Minimum Speed Limit: I. See the Basic Speed Rule above.

II. The minimum speed limit on freeways is 45 MPH. §257.628(7)

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, State and local governments may establish minimum speed limits on highways under their jurisdictions. §258.628(1)

Other: I. A person operating a passenger vehicle which is towing another vehicle shall not drive >55 MPH.2 §257.627(5)

II. A person operating a truck weighing ³ 10,000 lbs. shall not drive >55 MPH.3 §257.627(6)

III. A person shall not operate a school bus >50 MPH (>55 MPH on a limited access highway or freeway). §§257.627(7), 257.627b & 257.1861

IV. Unless a special speed limit has been established, a person shall not operate a motor vehicle in a designated work area >45 MPH. §257.627(9)

V. A person shall not exceed the maximum safe posted speed limit that has been established for a bridge, causeway or viaduct. §257.631(1)

VI. In the Lower Peninsula, towed mobile homes >14-1/3 feet wide are prohibited from traveling either >45 MPH or <10 MPH below the speed limit whichever is lower. §257.719b(d)

VII. It is prima facie unlawful to operate a vehicle >15 MPH in a mobile park home. §257.627(4)

VIII. Certain combinations of vehicles shall not be operated a speed >15 MPH.4 §257.719(4)(a)

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: Except as noted, Speed Law Violations are Civil Infractions. §§257.627(10), 257.628(6), 257.629(6) & 257.629b(2)

Other: Misdemeanor Offenses: (1) Exceeding the speed limit in a school zone or (2) driving a school bus in excess of 55 MPH limit on a limited access highway or freeway. §§257.627a, 257.627b and 257.901

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): Civil Infraction-N/A

Misdemeanor -Not more than 90 days. §257.901

Mandatory Minimum Term: None

Fine:

Amount ($ Range): Civil Infraction: Only a fine is imposed for a Civil Infraction. The actual fine that is to be imposed on an offender is determined by a fine schedule that is established by each district or municipal court. However, a person who is operating a commercial motor vehicle at the time of the offense is subject to a civil infraction fine of not more than $250. §§257.907(3) & (7) and 600.8827(5)

Misdemeanor: Not more than $100. §257.901

Mandatory Min. Fine ($): Civil Infraction: A mandatory fine is imposed for speeding related to exceeding the maximum speed limit on a highway or freeway.5 Note: Mandatory minimum fines could be established by the courts via the fine schedule.

Other Penalties:

Traffic School: A person may be required to attend a traffic education program. §257.907(5)

Other: Costs between $5 & $100 are assessed for speeding while operating a commercial motor vehicle. §257.907(4)

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System.6 §§257.320(1)(d) &

Sanctions Following an Adjudication of a Speed Law Violation:

(continued)

(2) and 257.320a

Term of License Withdrawal

(Days, Months, Years, etc.): Not more than 1 year. §257.320(4)

Mandatory Minimum Term of

Withdrawal: None.

Miscellaneous Sanctions

Not Included Elsewhere: Important: I. A person who commits a moving violation (e.g. speeding violation) in a construction or school zone is subject to a fine that is double that otherwise prescribed by law. §257.601b. II. A driver who commits a moving violation (including a speed violation) that results in an injury to a person while such person is in a construction zone or operating an implement of husbandry commits a misdemeanor and is subject to imprisonment for not more than 1 year and/or a fine of not more than $1,000. For a 2nd offense, a person is subject to license revocation for not less than 1 year (mandatory).

Miscellaneous Sanctions

Not Included Elsewhere: III. A driver who commits a moving violation (including a speed violation) that results in the death of a person when such person is in a construction zone or is operating am implement of husbandry commits a felony and is subject to imprisonment for not more than 15 years and/or a fine of not more than $7,500. For a 1st offense, a person is subject to license revocation for not less than 1 year (mandatory). For a 2nd or subsequent offense (within 7 years), he/she is subject to license revocation for not less than 5 years (mandatory). §§257.303(2) & (4), 257.601b, 257.601c & 777.12

Other Criminal Actions Related to Speeding :

Drag Racing on Highway7 : Misdemeanor. §§257.626a & 257.901(1)

Sanctions:

Criminal Sanction:

Imprisonment (Term): Not more than 90 days. §257.901(2)

Mandatory Minimum Term: None.

Fine ($ Range): Not more than $100. §257.901(2)

Mandatory Minimum Fine: None.

Other Criminal Actions Related to Speeding :

(continued

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension via the Point System. §§257.320(1)(d) & (2) & 257.320a(1)

Length of Term of

Licensing Withdrawal: Not more than 1 year. §257.320(4)

Mandatory Action‑‑Minimum

Length of License

Withdrawal: None.

Other:

Careless or Negligent Driving8 : Civil Infraction. §§257.626b & 257.907

Sanction:

Criminal:

Imprisonment (Term): None.

Mandatory Minimum Term

of Imprisonment:

Fine ($ Range): Only a fine is imposed for a Civil Infraction. The actual fine that is to be imposed on an offender is determined by a fine schedule that is established by each district or municipal court. However, a person who is operating a commercial motor vehicle at the time of the offense is subject to a civil infraction fine of not more than $250. §§257.907(3) & (7) and 600.8827(5)

Mandatory Minimum Fine: Note: A mandatory minimum fine could be established by the courts.

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via the Point System. §§257.320(1)(d) & (2) & 257.320a(1)

Length of Term of License

Withdrawal Action: Not more than 1 year. §257.320(4)

Mandatory Term of License

Withdrawal Action: None.

Other: N/A

Other Criminal Actions Related to Speeding :

(continued)

Reckless Driving9 : Misdemeanor. §§257.626(a) & 257.901(1)

Sanction:

Criminal:

Imprisonment (Term): Not more than 90 days. §257.626(b)

Mandatory Minimum Term

of Imprisonment: None.

Fine ($ Range): Not more than $100. §257.626(b)

Mandatory Minimum Fine: None.

Administrative Licensing Actions: Suspension via the Point System. §§257.320(1)(d) & (2) & 257.320a(1)

Type of Licensing Action

(Susp/Rev): Suspension/Revocation. §§257.303(2)(a) & 257.319(3)(b)

Length of Term of License

Withdrawal Action: 1st offense-Suspension for 90 days. 2nd offense (within 7 years)-Revocation for 1 year. However, the revocation is for 5 years if the offender had a previous revocation within 7 years. §§257.303(4)(a)(i) & (ii) and 257.319(3)(b)

Mandatory Term of License

Withdrawal Action: The above licensing actions appear to be mandatory.

Other:

Felonious Driving10 : Felony. §257.626c

Sanction:

Criminal:

Imprisonment (Term): Not more than 2 years. §257.626c

Mandatory Minimum Term

of Imprisonment: Possible. Depending upon the circumstances and the number of prior offenses, there may be a minimum jail sentence via the State’s Sentencing Guidelines under Chapter 777.

Fine ($ Range): Not more than $2,000. §257.626c

Mandatory Minimum Fine: None.

Other Criminal Actions Related to Speeding :

(continued)

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension. §257.319(2)(c). Also, Suspension via the Point System. §§257.320(1)(d) & 257.320a(1)

Length of Term of License

Withdrawal Action: I.1 year. §257.319(2)(c)

II. Suspension via the Point System-Not more than 1 year §257.320(4)

Mandatory Term of License

Withdrawal Action: I. 1 year. §257.319(2)(c)

II. Suspension via the Point System-None

Commercial Motor Vehicle (CMV) Operators11 :

Grounds for Suspension : A person's CDL is suspended if, while driving a CMV, he/she (1) commits 2 "serious traffic violations"12 within a 36 - month period or (2) commits 3 such violations within a 36 - month period. §257.319b(1)(a) & (b)

Period of Suspension : 2 serious violations (within 36 months)-60 days; 3 serious violations (within 36 months)-120 days. §257.319b(1)(a) & (b)

1 The prima facie speed limit in a school zone is in force (1) from not less than 30 minutes but not more than 1 hour before school is in session to not less than 30 minutes but nor more than 1 hour after school is in session and (2) during school lunch periods when students are allowed to leave the school. §257.627a(2)

If, in order to attend classes, school children must cross a state highway with a speed limit ³ 35 MPH, the State Transportation Commission, at the request of school authorities and based upon traffic engineering studies, may reduce the speed limit at designated school crossing zones. §257.627a(5)

If the street in the school zone has a sidewalk on at least one side, the speed limit in the zone may be established at not less than 15 MPH below the regularly posted speed limit. In no situation shall the limit be established at <25 MPH. §257.627(a)(6)

2 This limit does not apply if (1) "vehicle or trailer has 2 wheels or less and does not exceed the combined weight of 750 pounds for the vehicle or trailer and load, or a trailer coach of not more than 26 feet in length with brakes on each wheel and attached to the passenger vehicle with an equalizing or stabilizing coupling unit." §257.627(5)

3 If reduced loading is being enforced on any highway, the maximum speed is 35 MPH. §257.627(6)

4 The combinations include the following: (1) A truck hauling more than 1 trailer or semi-trailer; and (2) a truck tractor hauling more than 2 semi-trailers or 1 semi-trailer and a trailer. However, this reduced speed does not apply (1) to farm tractors hauling 2 wagons, (2) to garbage or refuse trucks hauling up to 4 trailers (with a combined length of not >55 feet). §257.719(4)(a)

5 The following mandatory fines apply to persons who exceed the speed limit on highways or freeways with a maximum speed limit ³ 55 MPH: 1 to 5 MPH over the limit-$10; 6 to 10 MPH over the limit-$20; 11 to 15 MPH over the limit-$30; 16 to 25 MPH over the limit-$40; and, ³ 26 MPH over the limit-$50. §257.629c

6 Point System: I. A person's license is subject to suspension for not more than 1 year if he/she accumulates 12 points within a 2 year period. §257.320. II. The following points are assigned for speeding and speed related violations: Felony resulting from the operation of a motor vehicle-6 points; reckless driving-6 points; death or injury to a person in a construction zone or who is operating an implement of husbandry-6 points; exceeding the limit in a work zone by > 15 MPH-5 points; drag racing-4 points; exceeding the speed by >15 MPH-4 points; careless driving-3 points; exceeding the speed by >10 MPH but £ 15 MPH-3 points; and exceeding the speed limit by £ 10 MPH-2 points. §257.320a(1)(a), (e), (g), (i), (k) & (l) III. However, the following points are assessed for exceeding the speed limit on highways where the speed limit is ³ 55 MPH if the offender has responded "with an explanation" to a civil infraction: 1 to 5 MPH over the limit-no points; 6 to 10 MPH over the limit-1 point; 11 to 15 MPH over the limit-2 points; 16 to 25 MPH over the limit-3 points; and, ³ 26 MPH over the limit-4 points. §257.629c

7 The offense of "drag racing" on a highway is defined as operating a motor vehicle either (1) in a speed or acceleration contest, (2) for the purpose of making a record, or (3) where 2 or more vehicles accelerate in an attempt to out-distance each other. §257.626a

8 This offense is defined as the operation of a vehicle in a careless or negligent manner which is likely to endanger any person or property but where such action was without wantonness or recklessness. §257.626b

9 236 A person commits a misdemeanor if he/she operates a motor vehicle in a careless or reckless manner but not willfully or wantonly and causes an accident involving a pregnant woman that results in either a miscarriage or stillbirth. The sanctions for this offense are incarceration for not more than 2 years and/or a fine of not more than $2,000. §750.90e. Depending upon the circumstances and the number of prior offenses, there may be a minimum jail sentence via the State’s Sentencing Guidelines under Chapter 777.

10 Felonious driving is defined as operating a motor vehicle "carelessly and heedlessly in willful and wanton disregard of the rights or safety of others, or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property resulting in a serious impairment of a body function of a person, but does not cause death…." §257.626c “Serious impairment of a body function” includes, but is not limited to: (a) loss of a limb, foot, hand, finger, thumb, eye, ear, or the loss of use thereof; (b) substantial impairment of a body function; (c) serious disfigurement; or (d) a comatose state lasting more than 3 days; (3) measurable brain or mental impairment; (f) a skull fracture or serious bone fracture; (g) subdural hemorrhage or subdural hematoma; or (h) loss of an organ. §257.58c

11 A 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 ³ 10,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. §480.11a(2)(c)

12 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or careless driving. §257.319b(4)(b)

JURISDICTION: MINNESOTA

This chapter summarizes Minnesota State statutes related to speed.

General Reference: Minnesota Statutes Annotated

Basis for a Speed Law Violation :

Basic Speed Rule: I. No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions. §169.14, subds. 1 & 3

II. Driving with Due Care: “Every driver is responsible for becoming and remaining aware of the actual and potential hazards then existing on the highway and must use due care in operating a motor vehicle.” §169.14, subd. 1

Statutory Speed Limit: A speed in excess of the following limits is prima facie evidence that such a speed is not reasonable and prudent. §169.14, subd. 2

See Other below. 1) 70 MPH on Interstate highways outside urban area limits. . §169.14, subd. 2(a)(4)

2) 65 MPH on non-Interstate freeways & highways and Interstates w/in urban area limits. §169.14, subd. 2(a)(2) & (5)

3) 55 MPH on highways in all other locations. §169.14, subd. 2(a)(3)

4) 30 MPH in an urban district or town road in a rural residential district.1 §169.14, subd. 2(a)(1)

5) 25 MPH on residential roadways.2 §169.14, subd. 2(a)(7)

6) 10 MPH in alleys. §169.14, subd. 2(a)(6)

7) 10 to 30 MPH in manufactured home parks.3 §327.27, subds. 2 & 2a

8) 10 MPH in recreational camping areas. §327.27, subd. 2

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State Commissioner of Transportation may increase or decrease the above speed limits. Any speed in excess of these posted limits is prima facie evidence that the speed was not reasonable or prudent. §169.14, subds. 4

Basis for a Speed Law Violation : (continued)

5 Note: Minnesota law does not specifically state whether different highway speed limits may be established either for different types of vehicles, for various weather conditions or for different times of the day.

II. If the commissioner establishes a speed limit of >30 MPH for a highway within an urban district, the local government may reduce such limit for quarter-mile segments to 30 MPH. §169.14, subds. 5b

III. Based on engineering and traffic investigations, local governments may establish speed limits in school zones.4 The speed limit in such zone cannot be <15 MPH nor >20 MPH below the established speed limit where such speed limit is normally ³ 40 MPH. §169.14, subd. 5a

IV. Based on engineering and traffic investigations, a local government may establish a speed limit different than above for any alley. §169.14, subd. 5c

V. The State Commissioner of Transportation on trunk highways and local governments on streets and roads under their jurisdiction may establish temporary speed limits in work zones. §169.14, subd. 5d(a)

The minimum speed limit in these zones is 20 MPH. However, the speed in such zone shall neither be <15 MPH below the normal speed limit nor >40 MPH. Exception: On divided highways, the speed limit in such zones cannot be >55 MPH. §169.14, subd. 5d(b) & (c)

VI. Based on engineering and traffic investigations, local governments may establish speed limits within school zones. These limits shall be in effect when children are present at, going to or leaving schools during opening or closing hours or during school recess periods. Such speed limits shall neither be <15 MPH nor >20 MPH below the established speed limits. §169.14, subd. 5a (a)

VII. Based on engineering and traffic investigations, the governmental authority over a park may establish speed limits therein.5 §169.14, subd. 5e. The speed limit cannot be <20 MPH. In addition, existing speed limits cannot be reduced by >15 MPH. §169.14, subd. 5e

VIII. Based on investigations, the State Commissioner of Transportation may establish a safe maximum speed

for bridges or elevated structures. §169.16

IX. The Regents of the University of Minnesota have the authority to adopt traffic rules and regulations for roads, streets and highways situated on property owned,

Basis for a Speed Law Violation : (continued)

leased or occupied by the university. This would include the establishment of speed limits. §169.965, subd. 1

Minimum Speed Limit: I. A person shall not operate a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic. §169.15

II. A person driving at less than the normal speed of traffic shall drive in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway. §169.18, subd. 10

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State Commissioner of Transportation may establish minimum speed limits on any part of a trunk highway. §169.14, subd. 8

Other: I. A person is prohibited from operating a vehicle which is pulling another with chains and tow bars >35 MPH. §168.055

II. A person shall not tow a farm trailer having gross vehicle weight >6,000 lbs. >30 MPH. §169.145(2)

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: I. Except as noted, Speed Law Violations are Petty Misdemeanors. §169.89, subd. 1(1)

II. A 3rd or Subsequent Speed Law Violation (w/in 12 months) is a Misdemeanor. §169.89, subd. 1(2)

Other: I. It is a Misdemeanor for a person to operate a vehicle which is pulling another with chains and tow bars >35 MPH. §168.056

II. It is a Misdemeanor to violate the established speed limits in manufactured home parks or recreational camping areas. §§144.99, subds. 1 & 11 and 327.27, subds. 2 & 2a

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years, Etc.): Petty Misdemeanor Offense-None. §169.89, subd. 2

Misdemeanor Offense -Not more than 90 days. §609.03(3)

Mandatory Minimum Term: None.

Fine:

Amount ($ Range): Petty Misdemeanor Offense-Not more than $300. §169.89, subd. 2

Misdemeanor Offense-Not more than $1,000.

§609.03(3)

Mandatory Min. Fine ($): Petty Misdemeanor Offense-None.6

Sanctions Following an Adjudication of a Speed Law Violation :

(continued)

Misdemeanor Offense -Not more than $300. The mandatory fine may be reduced to $50 based on undue hardship. §609.101, subds. 4 & 5(b)

Other Penalties:

Traffic School: In addition to or in lieu of other sanctions, the court may require a person to attend a driver improvement clinic. §169.89, subd. 5

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension.7 §§171.16, subds. 1 & 2 and 171.18, subd. 1(2) & (4) 3 or subsequent offense (within 12 months)-Revocation8 §171.17, subd. 1(6)

Term of License Withdrawal

(Days, Months, Years, etc.): Suspension. The law providing for court-recommended suspensions does not state either minimum or maximum suspension periods. §171.16, subds. 1 & 2. However, statutory provisions providing for such action via independent licensing agency action provide that a person's license is not to be suspended for more than 1 year. §171.18, subd. 3(d)

Revocation. Note: The law does not provide for a maximum revocation period.

Mandatory Minimum Term of

Withdrawal: None. Note: In circumstances where an offender's license has been suspended or revoked, he/she may obtain limited driving privileges for employment, educational or medical needs and for other purposes connected with his/her family's well being. §171.30

Miscellaneous Sanctions

Not Included Elsewhere: I.Construction Zone: A person who violates the "work zone speed limit" is assessed an additional surcharge which is equal to the fine but not <$25.

§169.14, subd. 5d(e)

II. School Zone: A person who violates the "school zone speed limit" is assessed an additional surcharge which is equal to the fine but not <$25. §169.14, subd. 5a (d)

Other Criminal Actions Related to Speeding :

Reckless or Careless Driving9: Misdemeanor. §169.13, subds. 1 & 2

See Driving with Due Care under the Basic Speed Rule.

Sanction:

Criminal:

Imprisonment (Term): Not more than 90 days. §609.03(3)

Mandatory Minimum Term

of Imprisonment: None.

Fine ($ Range): Not more than $1,000. §609.03(3)

Mandatory Minimum Fine: $300. The mandatory fine may be reduced to $50 based on undue hardship. §609.101, subds. 4 & 5(b)

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension. §§171.16, subds. 1 & 2 and 171.18, subd. 1(2) & (4); 3rd or subsequent offense (within 12 months)-Revocation §171.17, subd. 1(6)

Length of Term of License

Withdrawal Action: Suspension. The law providing for court-recommended suspensions does not state either minimum or maximum suspension periods. §171.16, subds. 1 & 2. However, statutory provisions providing for such action via independent licensing agency action provide that a person's license is not to be suspended for more than 1 year. §171.18, subd. 3(d)

Revocation. Note: The law does not provide for a maximum revocation period.

Mandatory Term of License

Withdrawal Action: None. Note: In circumstances where an offender's license has been revoked, he/she may obtain limited driving privileges for employment, educational or medical needs and for other purposes connected with his/her family's well being. §171.30, subd. 1

Other: In addition to or in lieu of other sanctions, the court may require a person to attend a driver improvement clinic. §169.89, subd. 5

Commercial Motor Vehicle (CMV) Operators10 :

Grounds for Disqualification : A person is disqualified from operating a CMV if, while driving such a vehicle, he/she either (1) commits 2 "serious traffic violations"11 within a 3 - year period or (2) commits 3 such violations within a 3 - year period. §171.165, subd. 4

Period of Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §171.165, subd. 4

Period of Mandatory Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §171.165, subd. 4

 

 

 

 

 


1 240 A “rural residential district’ means “the territory contiguous to and including any town road within a subdivision or plat of land that is built up with dwelling houses at intervals of less than 300 feet for a distance of one-quarter mile or more.” §169.14, subd 2(c)

2 If such a speed limit is adopted by the authority having jurisdiction over such roadway. §169.14, subd. 2(a)(7) & (b)

3 The speed limit in a manufactured home park is 10 MPH. §327.27, subd. 2. However, via local ordinance, this limit may be increased to not >30 MPH. §327.27, subd. 2a

4 If the school speed zone is on a trunk highway, the local government must obtain the consent of State Commissioner of Tran. before such zone is established. §169.14, subd. 5a

5 If the park is on a trunk highway, the local government must obtain the consent of State Commissioner of Transportation before such zone is established. §169.14, subd. 5e

6 245 For a misdemeanor offense, there is a mandatory fine based either on 30% of the maximum statutory fine or on 30% the maximum fine for this offense in the uniform fine schedule where the maximum fine in this schedule is lower than the statutory maximum. This schedule is established by the conference of chief judges by January 1 of each year. This schedule is not reported in this publication. §609.101, subd. 4(2) Note: The law does not appear to provide for a mandatory minimum fine for petty misdemeanor offenses.

7 I. The court, at its discretion, may recommend that the licensing agency suspend an offender's license. Upon such recommendation, the licensing agency suspends the person's license without a hearing. §171.16, subd. 2. II. The licensing agency on its own initiative can suspend an offender's license if (1) the violation contributed to an accident that resulted in death, personal injury or property damage or (2) the offender is a habitual violator of the traffic laws. §171.18, subd. 1(2) & (4)

8 The law provides for license revocation for the commission of 3 or more violations of Chapter 169 (e.g., speeding, reckless driving or careless driving violations) within a 12 month period. §171.17, subd. 1(6)

9Reckless Driving: "Reckless driving" is defined as operating a motor vehicle "as to indicate either a wilful or a wanton disregard for the safety of persons or property." §169.12, sub. 1. Careless Driving: "Careless driving" is defined as operating a motor vehicle "carelessly or heedlessly in disregard of the rights of others, or in a manner that endangers or is likely to endanger any property or any person, including the driver or passengers of the vehicle." §169.13, subd. 2. Both offenses are misdemeanors. §169.13, subds. 1 & 2.

10 A 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 ³ 26,000 lbs., is a bus or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. §171.01, subds. 22 & 35

11 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless or careless driving. §171.165, subd. 4

JURISDICTION: MISSOURI

This chapter summarizes Missouri State statutes related to speed.

General Reference: Vernon's Annotated Missouri Statutes

Basis for a Speed Law Violation :

Basic Speed Rule: A person shall operate a motor vehicle in a careful and prudent manner and at a rate of speed so as not to endanger the property of another or the life or limb of any person and shall exercise the highest degree of care. §304.012.1

Statutory Speed Limit: 70 MPH on rural interstates1 and freeways.2 §304.010.2(1)

See Other below. 65 MPH on rural expressways.3 §304.010.2(2)

60 MPH on urban interstate highways4, expressways and freeways. §304.010.2(3)

60 MPH on other roads, except State two-lane "lettered" roads, not located in an urban area. §304.010.2(4)

55 MPH on State 2 lane "lettered" roads. §304.010.2(5)

Posted (Maximum) Speed Limit: I. The State may increase the maximum speed limit to 60 MPH on State two-lane "lettered" roads. §304.010.2(5). See the Note below.

II. Local governments with State approval may establish speed limits on the streets or roads within their jurisdiction. §304.010.4 & .5

III. Under separate statutory authority, the State and local governments may fix a speed limit by posting appropriate signs on roads under their jurisdictions. A violation of this posted speed limit is prima facie evidence of careless and imprudent driving. §304.351.7

IV. Under separate authority, cities, towns and villages have the authority to enact ordinances which regulate traffic. This includes establishing speed limits. §§77.520, 79.410 & 300.205

V. The State may increase or decrease the maximum speed limits on any State road (e.g., interstate highways,

Basis for a Speed Law Violation : (continued)

freeways or expressways) not under a local jurisdiction. However, no speed limit shall be established >70 MPH. §304.010.3

Note: Except as noted under Other below, Missouri law does not specifically state whether different highway speed limits may be established either for different types of vehicles, for various weather conditions or for different times of the day.

Minimum Speed Limit: I. No person shall operate a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic. §304.011.1

II. For highways that have been divided into three or more lanes, a person driving at less than the normal speed of traffic shall drive in the right-hand lane for traffic or as close as practicable to the right-hand curb or edge of the roadway. §304.015.5(3)

Posted (Minimum) Speed Limit: 40 MPH on Federal interstate highways.5 §304.011.2

Other: Except as otherwise provide by law, a truck weighing >24,000 lbs. shall not be driven >60 MPH. §304.010.2

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: I. Driving £ 5 MPH Over the Speed Limit is an Infraction. §304.009.1

II. Driving at less than the normal speed of traffic and not driving in the right lane is an Infraction.6 §304.015.7

III. Driving ³ 20 MPH Over the Speed Limit is a Class B Misdemeanor. §304.010.10

IV. A Violation of the Basic Speed Rule is a Class B Misdemeanor. §304.012.2

V. A Violation of the Basic Speed Rule that results in an accident is a Class A Misdemeanor. §304.012.2

VI. Driving so as to Impede Traffic is an Unclassified Traffic Regulations Misdemeanor. §§304.11.1 & 304.570

VII. A Violation of the Posted Speed Limit Established Under §304.351.7 (prima facie evidence of careless and imprudent driving) is a Class C Misdemeanor. §304.351.8

VIII. All Other Speed Law Violations, including driving <40 MPH on a Federal Interstate, are Class C Misdemeanors. §§304.010.10 & 304.011.2

Other: N/A

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): I. Infraction-None

II. Class A Misdemeanor-Not more than 1 year. §558.011.1(5)

III. Class B Misdemeanor-Not more than 6 months. §558.011.1(6)

IV. Class C Misdemeanor-Not more than 15 days. §558.011.1(7)

V. Unclassified Traffic Regulation Misdemeanor-Not more than 1 year. §304.570

Mandatory Minimum Term: None

Fine:

Amount ($ Range): I. Infraction-Not more than $200. §560.016.1(4)

II. Class A Misdemeanor-Not more than $1,000. §560.016.1(1)

III. Class B Misdemeanor-Not more than $500. §560.016.1(2)

IV. Class C Misdemeanor-Not more than $300. §560.016.1(3)

V. Unclassified Traffic Regulation Misdemeanor-$5 to $500. §304.570

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: N/A

Other: Additional Fine: If a person violates §302.010 of the speed laws while in a construction (or work) zone, he/she is assessed an additional fine of $35. §304.580.2. If the violation occurs when workers are present and a warning is posted, the additional fine is $250. §304.580.3 &.4

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension or Revocation under the Point System.7 §§302.302 & 302.304

Term of License Withdrawal

(Days, Months, Years, etc.): 30 days to 1 year.8 §302.304

Sanctions Following an Adjudication of a Speed Law Violation :

(continued)

Mandatory Minimum Term of

Withdrawal: None. Note: An offender is eligible for hardship driving privileges.9 §302.309.3(1)

Miscellaneous Sanctions

Not Included Elsewhere: N/A

Other Criminal Actions Related to Speeding :

Racing on Highway : Note: Local governments may prevent racing on the highways.10

Reckless Driving : See the Basic Speed Rule. A violation of this rule is a Class B Misdemeanor. If the violation results in an accident, it is a Class A Misdemeanor. §304.012.1 & .2

Sanction: See Sanctions Following an Adjudication for a Speed Law Violation.

Criminal:

Imprisonment (Term):

Mandatory Minimum Term

of Imprisonment:

Fine ($ Range):

Mandatory Minimum Fine:

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev):

Length of Term of License

Withdrawal Action:

Mandatory Term of License

Withdrawal Action:

Commercial Motor Vehicle (CMV) Operators11 :

Grounds for Disqualification : A person is disqualified from operating a CMV if while driving such a vehicle he/she either (1) commits 2 "serious traffic violations"12 within a 3-year period or (2) commits 3 such violations within a 3-year period. §302.755.5

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. §302.755.5

Period of Mandatory Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §302.755.5


1 A "rural interstate" is defined as a Federal interstate highway not located in an urban area. §304.010.1(3). An "urban area" is defined as an area with a population density of ³ 1,000 persons per square mile. §304.010.1(4)

2 A "freeway" is defined as a limited access divided highway with at least 4 lanes and which is not part of the Federal interstate system; such highway must be at least 10 miles in length with no access from other streets or roads for 10 miles intervals. §304.010.1(2)

3 An "expressway" is defined as a divided highway with 4 or more lanes which is not part of the Federal interstate system. Such highway must be at least 10 miles long and is fully accessible from other streets or roads. §304.010.1(1). A "rural expressway" is one located in non-urban areas. An "urban area" is defined as an area with a population density of ³ 1,000 persons per square mile. §304.010.1(4)

4 An interstate highway located in an urban area. An "urban area" is defined as an area with a population density of ³ 1,000 persons per square mile. §304.010.1(4)

5 There is an exception for certain agricultural-type vehicles being operated on such highways via special permits for short distances. §304.011.2(2)

6 If the violation causes an immediate threat of an accident, it is a Class C Misdemeanor. If such violation results in an accident, it is a Class A Misdemeanor. §304.015.7

7 Point System: I. An offender's license is subject to suspension if he/she accumulates 8 points in 18 months. §302.304.3 If this is the offender's 1st suspension, the suspension period is 30 days. If this is the offender's 2nd suspension, the suspension period is 60 days. If this is the offender's 3rd or subsequent suspension, the suspension period is 90 days. §302.304.4. II. An offender's license is subject to revocation if he/she accumulates 12 points within 12 months, 18 points within 24 months, or 24 points within 36 months. The period of revocation is 1 year. §§302.304.7 & 302.190. III. The following points are assigned to speeding and speed related violations: speeding in violation of State law-3 points; speeding in violation of local government law-2 points. §302.302.1(2). For careless and imprudent driving, 4 points are assessed. §302.302.1(4). An additional 2 points are assessed if a violation resulted in either a personal injury or property damage. §302.302.3. However, no points are assessed for driving £ 5 MPH over the speed limit. §304.009.1

8 Under most circumstances, a license cannot be suspended or revoked for more than 1 year. §302.190. However, either a suspension or a revocation can be “continued in effect for two years” if a person does not maintain proof of financial responsibility. §302.304.4 & .7

9 Hardship driving privileges may be granted for employment, occupational, business and educational purposes, for medical treatment including drug and alcohol treatment programs, and for any other circumstances found to create an undue hardship. §302.309.3(2)

10 I. A Third Class City (a city or town with population ³ 3,000) may enact an ordinance prohibiting highway racing. §§72.030, 77.520 & 77.590 The maximum sanctions that can be established for violating this prohibition are an imprisonment term of 3 months and/or a fine of $500. §77.590. II. A Fourth Class City (generally a city or town with population ³ 500 but <3,000) may enact an ordinance prohibiting highway racing. §§72.040.1 & 79.410 The maximum sanctions that can be established for violating this prohibition are an imprisonment term of 90 days and/or a fine of $500. §79.470

11 A 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 ³ 26,001 lbs., is designed to transport more than 15 persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. §302.700.2(6)

12 A "serious traffic violation" includes careless, reckless, imprudent driving and excessive speeding. §302.700.2(24)

JURISDICTION: MISSISSIPPI

This chapter summarizes Mississippi State statutes related to speed.

General Reference: Mississippi Code Annotated

Basis for a Speed Law Violation :

Basic Speed Rule: No person shall operate a vehicle on the highways of the state at a speed greater than 65 miles per hour. §63-3-501

Statutory Speed Limit: 70 MPH on interstate highways or on controlled-access highways with 4 or more lanes. §63-3-501

65 MPH on all other highways. §63-3-501

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State Highway Commission may decrease the above speed limits. §63-3-503 Note: Except as noted under Other below, Mississippi law does not specifically state whether different highway speed limits may be established either for different types of vehicles, for various weather conditions or for different times of the day.

II. Based on engineering and traffic investigations, local governments may decrease the maximum speed limits on streets or highways under their jurisdictions to a safe and reasonable speed. However, no posted speed limit shall be <15 MPH. §63-3-511

III. Based on engineering and traffic investigations, local governments may adopt speed limits on limited portions of highways that are near schools or churches. The local government may provide that these special limits shall only be in effect during certain days or times. §63-3-515

Minimum Speed Limit: A person driving at less than the normal speed of traffic shall drive in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway. §63-3-603(d)

Posted (Minimum) Speed Limit: 30 MPH on Federal designated highway when no hazard exists. §63-3-509(1)

40 MPH on Interstate highways and on 4 lane U.S. designated highways which have a posted maximum speed limit of 70 MPH. §63-3-509(2)

Note: Via signs, slower moving traffic may be directed to use designated lanes. §63-3-603(c)

Other: I. A school bus shall not be operated at a speed >45 MPH while transporting children to and from school on regular routes. However, such bus may be operated at not >50 MPH on authorized school trips. §37-41-47

Basis for a Speed Law Violation :

(continued) II. During inclement weather or when visibility is bad, a truck or truck-trailer cannot be operated >45 MPH. §63-3-505

III. The State Highway Commission may establish safe maximum speed limits for bridges or elevated structures. §63-3-513

IV. Speed limits may be established for a “highway work zone.” §63-3-516(1)

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Misdemeanors. §§37-41-47 & 63-9-11(1) Other: N/A

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 20 days. Subsequent offense within 1 year-Not more than 6 months. §63-9-11(2)

Special Note: If the offender only exceeded the posted speed limit (§63-3-503) but did not exceed the maximum speed limit (§63-3-501), the incarceration term is only half of that noted above. §63-3-503

Operating a School Bus in Excess of either 45 or 50 MPH -None. §37-41-47

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. §63-9-11(2)

Special Note: If the offender only exceeded the posted speed limit (§63-3-503) but did not exceed the maximum speed limit (§63-3-501), the fine is only half of the amount noted above. §63-3-503

Operating a School Bus in Excess of either 45 or 50 MPH -$25 to $100. §37-41-47

Mandatory Min. Fine ($): None.

Other Penalties:

Traffic School: 1st offenders who meet eligibility requirements and participate in at least 4 hours of a traffic violators course will not have the violation recorded on his/her driving record. §63-9-11(3)

Other: Highway Work Zone: A person is subject to a fine of not more than $250 for exceeding the posted speed limit in a highway work zone. §63-3-516(2)

Sanctions Following an Adjudication of a Speed Law Violation :

(continued)

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension1 §63-1-53(2)(d)

Term of License Withdrawal

(Days, Months, Years, etc.): Note: The law does not specify either a minimum or maximum suspension period.

Mandatory Minimum Term of

Withdrawal: None

Miscellaneous Sanctions

Not Included Elsewhere: I. For speed law violations in Title 63, there is, in addition to any fine, a mandatory State assessment of $30. §99-19-73(1)

II. For other misdemeanor offenses, there is a mandatory State assessment of $47. §99-19-73(5) & (7)

III. Bus Drivers & Operators of Vehicles for Hire: A person may have his/her privilege to operate a bus or a vehicle for hire suspended or revoked if he/she recklessly disregards the speed regulations prescribed by law. §§21-27-137(c) & 21-27-155(c)

Other Criminal Actions Related to Speeding :

Reckless Driving : Misdemeanor. §§63-3-1201 & 63-9-11(1)

Sanction:

Criminal:

Imprisonment (Term): 1st offense-None; Subsequent offense-Not more than 10 days. §63-3-1201

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): 1st offense-$5 to $100; Subsequent offense-Not more than $500. §63-3-1201

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension2 §63-1-53(2)(c). 3 or more offenses within 12 months-Revocation §63-1-51(1)(e)

Length of Term of License

Withdrawal Action: Suspension-Note: The law does not specify either a minimum or maximum suspension period. Revocation-1 year. §63-1-51(1)

Other Criminal Actions Related to Speeding :

(continued)

Mandatory Term of License

Withdrawal Action: Suspension-None. Revocation-1 year. §63-1-51(1) The revocation action appears to be mandatory.

Other: In addition to any fine, there is a mandatory State assessment of $30. §99-19-73(1)

Careless Driving3 : Misdemeanor. §§63-3-1213 & 63-9-11(1)

Sanction:

Criminal:

Imprisonment (Term): None

Careless Driving : (continued)

Mandatory Minimum Term

of Imprisonment:

Fine ($ Range): $5 to $50. §§63-3-1213

Mandatory Minimum Fine:

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension. §63-1-53(2)(c)

Length of Term of License

Withdrawal Action: Note: The law does not specify either a minimum or maximum suspension period.

Mandatory Term of License

Withdrawal Action: None

Other: In addition to any fine, there is a mandatory State assessment of $30. §99-19-73(1)

Commercial Motor Vehicle (CMV) Operator4s 266 :

Grounds for Suspension of CDL : A person's CDL is suspended if while driving a CMV he/she either (1) commits 2 "serious traffic violations5" 267 within a 3-year period or (2) commits 3 such violations within a 3-year period. §63-1-83(4)

Period of CDL Suspension : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §63-1-83(4)

Period of Mandatory CDL Suspension : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §63-1-83(4)

1 The licensing agency has the discretionary authority to suspend a person's license if he/she has "been convicted with such frequency of serious offenses against traffic regulations governing the movement of traffic as to indicate disrespect for traffic laws and a disregard for the safety of other persons on the highways." §63-1-53(2)(d)

2 The licensing agency has the discretionary authority to suspend a person's license if he/she is "an habitually or negligent" driver. §63-1-53(2)(c)

3 "Careless driving" is defined as operating "any vehicle in a careless or imprudent manner, without due regard for the width, grade, curves, corner, traffic and use of the streets and highways and all other attendant circumstances." It is considered a lesser offense than reckless driving. §63-3-1213

4 A 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 ³ 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. §63-1-75(f)

5 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §63-1-75(t)(i) & (ii)

JURISDICTION: MONTANA

This chapter summarizes Montana State statutes related to speed.

General Reference: Montana Code Annotated and Administrative Rules of Montana

Basis for a Speed Law Violation :

Basic Speed Rule: Subject to the (maximum) statutory speed limits below, a person shall operate a vehicle in a careful and prudent manner and at a reduced rate of speed no greater than is reasonable and prudent under the conditions existing at the point of operation, taking into account the amount and character of traffic, visibility, weather and roadway conditions.1 §61-8-303(4)

Statutory Speed Limit: 75 MPH2 at all times on Federal-Aid interstate highways outside an urbanized area with population ³ 50,000. §61-8-303(1)(a)

65 MPH 2at all times on Federal-Aid interstate highways within an urbanized area with a population ³ 50,000. §61-8-303(1)(a)

70 MPH during the daytime3 and 65 MPH during the nighttime on any other public highway. §61-8-303(1)(b)

65 MPH at all times on U.S. Highway 93 between the Canadian and Idaho boarders unless the highway is upgraded to a continuous four-lane highway. §61-8-303(2)

25 MPH in an urban district. §61-8-303(5)

Posted (Maximum) Speed Limit: I. The State Department of Transportation, based on engineering and traffic investigations which indicate that a greater or less speed limit than noted above is reasonable or safe, may establish different speed limits on a segment of a highway less than 50 miles in length. §61-8-309(1) The law does not specifically state whether different highway speed limits may be established either for different types of vehicles, for various weather conditions or for different times of the day.

II. Based on engineering and traffic investigations, the State may establish safe maximum speed limits for bridges or other elevated structures. §61-8-313(2) & (3)

III. Based on engineering and traffic investigations, a local government may increase or decrease the maximum speed limits on highways under its jurisdiction.4 §61-8-310(1)

Basis for a Speed Law Violation :

(continued)

IV. A local government may establish speed limits on county roads (as defined under §60-1-103(7)) without an engineering and traffic investigation. §61-8-310(1)(c) & (2)

V. Under separate authority, a local government may determine the proper speed limits for all arterial streets under its jurisdiction. Such limits may be less or greater than the maximum speed limit provided for an urban district (§61-8-303). §§7-14-2113 & 61-8-310(3)

VI. The State Department of Transportation or a local government must establish appropriate speed limits in “construction zones”5 and “work zones.”6Note: This authority may also extend to utility companies and private contractors. §61-8-314(2), (3) & (4)

Minimum Speed Limit: I. A motor vehicle may not be driven at a speed slow enough to impede or block the normal and reasonable movement of traffic. §61-8-311(1)

II. A person driving at less than the normal speed of traffic shall drive in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway. §61-8-321(2)

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State or a local government may establish a minimum posted speed limit for all or part of a highway. §61-8-311(3). Note: Via signs, slower moving traffic may be directed to use designated lanes. §61-8-328(3)

Other: I. For trucks with >1 ton manufacturer’s rated capacity, except for the maximum statutory limits per §61-8-303 and speed limits established per §§61-8-309 & 61-8-310, the maximum speed limits are as follows:

(a) 65 MPH on completed sections of interstate highways; and,

(b) 60 MPH during the daytime and 55 MPH during the nighttime on four-lane divided highways and completed sections of primary and secondary highways. §61-8-312(1)(a) & (b)

II. Except for the maximum statutory limits per §61-8-303 and speed limits established per §§61-8-309 & 61-8-310, special permit vehicles cannot be driven >55 MPH. §61-8-312(2)

III. A vehicle with sold rubber or cushion tires cannot be driven >10 MPH. §61-8-313(1)

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Misdemeanors. §§61-8-314(2) & (5) and 61-8-711(1)

Other: N/A

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years, Etc.): None. §§61-8-711(2) & 61-8-725(1)

Mandatory Minimum Term:

Fine:

Amount ($ Range): I. Violation of Statutory Speed Limits Under §61-8-303: 1 to 10 MPH over the speed limit-$20; 11 to 20 MPH over the speed limit-$40; 21 to 30 MPH over the speed limit-$70; and 31 or more MPH over the speed limit-$100. §61-8-725(1)

II. Other Speed Law Violations: 1st offense-$10 to $100; 2nd offense (within 1 year)-$25 to $200; Subsequent offense (within 1 year)-$50 to $500. §61-8-711(2)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: Driver Improvement Program. §61-2-302 & Administrative Rules of Montana 23.3.203

Other: Double Fines: The fines are double the usual amount for exceeding the posted speed limit in a “work zone.” §61-8-314(5)(a)

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension via Point System7-Frequent violator of the traffic laws.

Revocation. Habitual Traffic Offender8 §61-11-201 et seq.

Sanctions Following an Adjudication of a Speed Law Violation :

(continued)

Term of License Withdrawal

(Days, Months, Years, etc.): Suspension-6 months. Administrative Rules of Montana 23.3.203(2) Note: The law limits a suspension to a maximum period of 1 year. §61-5-208(1).

Revocation (Habitual Offender)-3 years. §§61-11-211 & 61-11-212

Term of License Withdrawal

(Days, Months, Years, etc.): Suspension-6 months. Administrative Rules of Montana 23.3.203(2) Note: The law limits a suspension to a maximum period of 1 year. §61-5-208(1). Revocation (Habitual Offender)-3 years. §§61-11-211 & 61-11-212

Mandatory Minimum Term of Withdrawal: Suspension-None. Licensing action is discretionary. Revocation (Habitual Offender)-1 yea9r

Miscellaneous Sanctions

Not Included Elsewhere: N/A

Other Criminal Actions Related to Speeding :

Unauthorized Speed Contest (Drag Racing) : Misdemeanor. §§61-8-308, 61-8-711(1) & 61-8-717

Sanctions:

Criminal Sanction:

Imprisonment (Term): Not more than 6 months. §61-8-717

Mandatory Minimum Term: None

Fine ($ Range): $50 to $500. §61-8-717

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension or Revocation-See Driver Rehabilitation and Habitual Offender Point Systems respectively . 276

Length of Term of

Licensing Withdrawal: N/A

Mandatory Action‑‑Minimum

Length of License

Withdrawal: N/A

Other Criminal Actions Related to Speeding : (continued)

Other: Double Fines: The fine appears to be double the usual amount if the offense occurred in a “work zone.” §61-8-314(2) & (5)(a)

Reckless Drivin10g : 277 Misdemeanor. §§61-8-301 & 61-8-711(1)

Sanction:

Criminal:

Imprisonment (Term): 1st offense-Not more than 90 days; Subsequent offense-10 days to 6 months. §61-8-715(1)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): 1st offense-$25 to $300; Subsequent offense-$50 to $500. §61-8-715(1)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension or Revocation-See Driver Rehabilitation and Habitual Offender Point Systems respectively under Footnotes 7 & 8. Revocation- 3 reckless driving convictions within 12 months. §61-5-205(1)(f)

Length of Term of License

Withdrawal Action: Suspension or Revocation-Not more than 1 year. §61-5-208

Mandatory Term of License

Withdrawal Action: None

Other: Double Fines: The fine appears to be double the usual amount if the offense occurred in a “work zone.” §61-8-314(2) & (5)(a)

Reckless Endangerment of Highway Worker11s : 278 Misdemeanor §§61-8-315 & 61-8-711(1)

Sanction:

Criminal:

Imprisonment (Term): 1st offense-Not more than 90 days; Subsequent offense-10 days to 6 months. §61-8-715(1)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): 1st offense-$25 to $300; Subsequent offense-$50 to $500. §61-8-715(1)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Note: The law is not certain but the licensing actions that apply for a reckless driving offense conviction may also apply to this offense.

Length of Term of License

Withdrawal Action: N/A

Mandatory Term of License

Withdrawal Action: N/A

Other: Double Fine: The fine appears to be double the usual amount if the offense occurred in a “work zone.” §61-8-314(2) & (5)(a)

Careless Drivin12g : 2 Misdemeanor. §§61-8-302, 61-8-711(1) & 61-8-716

Sanction:

Criminal:

Imprisonment (Term): 1st or subsequent offense-None. §61-8-711(2). Note: A violation of the careless driving statute that results in death or serious bodily injury is subject to imprisonment not to exceed 6 months. §61-8-716(2)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): 1st offense-$10 to $100; 2nd offense (within 1 year)-$25 to $200; Subsequent offense (within 1 year)-$50 to $500. §61-8-711(2). Note: A violation of the careless driving statute that results in a death or serious bodily injury is subject to a fine of ≤$15,000. . §61-8-716(2)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension or Revocation-See Driver Rehabilitation and Habitual Offender Point Systems respectively .

Length of Term of License

Withdrawal Action:

Mandatory Term of License

Withdrawal Action:

Other: Double Fines: The fine appears to be double the usual amount if the offense occurred in a “work zone.” §61-8-314(2) & (5)(a)

Commercial Motor Vehicle (CMV) Operator13s : 279

Grounds for Suspension : A CDL license is suspended CMV if while driving a CMV a person either (1) commits more than 1 "serious traffic violations14": 280 within a 3 - year period or (2) commits 3 or more such violations within a 3 - year period. §61-8-803(1)

Period of Suspension : More than one (1) serious violations (within 3 years)-60 days; 3 or more serious violations (within 3 years)-120 days. §61-8-803(1)

Period of Mandatory Suspension : More than one (1) serious violations (within 3 years)-60 days; 3 or more serious violations (within 3 years)-120 days. §61-8-803(1)

1 IMPORTANT: The State Supreme Court has held that certain provisions of the State’s previous basic speed rule were void for vagueness under the due process clause of the State’s constitution. State v. Stanko, 974 P.2d 1132 ( Mont. 1998)

2 2 69 When traveling on a two lane road, a person may exceed this speed limit by 10 MPH in order to overtake and pass another vehicle. §61-8-303(3)

3 "Daytime" means one-half hour before sunrise to one-half hour after sunset. "Nighttime" means any other hour except daytime. §61-8-303(6)

4 I. However, the following limitations apply. (1) The posted speed limit in an urban district cannot be >65 MPH during the nighttime. §61-8-310(1)(b). (2) The posted speed limit outside an urban district cannot be <35 MPH. §61-8-310(1)(c). II. Based on engineering and traffic investigations, a local government may establish speed zones near schools or senior citizen centers and for the crosswalks that are close to them. The speed limit in such places cannot be <15 MPH. §61-8-310(1)(d). Note: The Montana Legislature has adopted a resolution encouraging city and county governments to lower the speed limit in school zones to 15 MPH. House Joint Resolution 25 (adopted in 1999)

5 272 A “construction zone” is defined as “an area on a public highway or on the adjacent right-of-way where construction, repair, maintenance, or survey work is being performed by the department of transportation, a local authority, a utility company, or a private contractor under contract with the department of transportation or a local authority. A construction zone may include a work zone.” §61-8-314(1)(a)

6 273 A “work zone” is defined as “the area where the construction, repair, maintenance, or survey work is actually taking place.” §61-8-314(1)(c)

7 Driver Rehabilitation Point System: I. If an offender accumulates 6 points within 18 months, he/she may be required to attend a counseling session or be subject to license re-examination. II. If an offender accumulates 15 or more points within 36 months, he/she is subject to a 6 month license suspension and must be referred to a Driver Rehabilitation Program. III. The following points are assigned to speeding and speed related violations: engaging in race or speed contest (i.e., unauthorized speed contest)-5 points; driving recklessly-5 points; speeding in a restricted speed zone-3 points; speeding 25 MPH in an urban district-3 points; speeding 35 MPH in a construction zone-3 points; speeding >65 MPH at night on an interstate*-3 points; speeding >55 MPH at night on other highways*-3 points; driving certain trucks >55 MPH at night*, >60 MPH at other times* or >65 MPH on interstate highways*-3 points; violating posted (restricted) speed limits established by either the State or local governments including a violation of the posted speed limit on bridges or elevated structures-3 points; towing a house trailer >50 MPH*-3 points; obstructing traffic by driving under the minimum reasonable speed (after being warned)-2 points; not driving in the right lane when operating a slow moving vehicle-2 points; violating the basic speed rule-2 points; and, careless driving-2 points. §61-5-206(1)(b), Administrative Rules of Montana 23.3.202(1), (2) & (3) and 23.3.203(1) Important. A violation of the statutory speed limits under §61-8-303 is not recorded on a person’s driving record unless he/she exceeds the speed by more than 10 MPH during the daytime or 5 MPH during the nighttime. §61-8-725(2)

*Due to amendments made to §§61-8-303 & 61-8-312 by respectively §§2 & 6 of Chapter 43 (Session Laws of 1999), this is no longer a specific violation of the law.

8 Habitual Offender Point System: If a person accumulates 30 points within a 3-ear period, he/she is subject to a 3-year license revocation. The following points are assigned to speeding and speed related offenses: reckless driving-5 points; illegal drag race or engaging in a speed contest (i.e., unauthorized speed contest)-5 points; speeding-3 points. §61-11-203(2)(h), (i), (l). Important: A violation of the statutory speed limits under §61-8-303 is not recorded on a person’s driving record unless he/she exceeds the speed by more than 10 MPH during the daytime or 5 MPH during the nighttime. §61-8-725(2). II. If a person accumulates 18 or more points for the above-noted offenses within 2 years, he/she is declared a Driver in Need of Rehabilitation and Improvement. . §61-11-203(2). Such a person must complete a certified driver rehabilitation and improvement course. If he/she fails to complete this course, his/her license may be suspended for 6 months or until the course is completed, whichever comes first. §§61-5-206(j) & 61-11-204(3) & (4).

9 An offender may be issued restricted driving privileges after 1 year of the revocation period provided he/she participates in a driver rehabilitation program. §61-2-302(2)(a)(ii)

10 If the offender commits a reckless driving offense while fleeing law enforcement officers, the following sanctions apply: for a 1st offense, there is imprisonment from 10 days to 6 months and/or a fine from $300 to $500; and, for a subsequent offense, there is imprisonment from 30 days to 1 year and/or a fine of from $500 to $1,000. §61-8-715(2). If the offender commits a reckless driving offense that results in a death or a serious bodily injury, the following sanctions apply: imprisonment for not more than 1 year and/or a fine of not more than $10,000. §61-8-715(3).

11 A person commits a "careless driving" offense if he/she does not operate a motor vehicle "in a careful and prudent manner so as not to unduly or unreasonably endanger the life, limb, property, or other rights of a person entitled to the use of the street or highway." §61-8-302

12

13 279 A 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 ³ 26,001 lbs., is designed to carry 16 or more persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. §61-1-134

14 280 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §61-8-803

JURISDICTION: NORTH CAROLINA

This chapter summarizes North Carolina State statutes related to speed.

General Reference: General Statutes of North Carolina

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 then existing. §20-141(a)

Statutory Speed Limit: 70 MPH on the interstate highway system or other controlled-access highways1 §20-141(d)(2)

See Other below. 55 MPH on highways outside municipal corporate limits §20-141(b)(2)

35 MPH on highways inside municipal corporate limits §20-141(b)(1)

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State Transportation Department may increase or decrease the above speed limits on State highways under its jurisdiction (e.g., outside the corporate limits of a municipality or unincorporated municipalities). §20-141(d), (f) & (g)

II. Based on engineering and traffic investigations, local governments may increase or decrease the above speed limits on streets under their jurisdictions. However, the maximum speed limit on any street cannot be >55 MPH. §20-141(e) & (f)

III. Except for overweight or oversized vehicles requiring special permits to use the highways or when weather or highway conditions require a slower speed, speed limits shall apply uniformly to all types of vehicles. §20-141(l)

IV. Local authorities may post lower speed limits than provided for under §20-141(b) on public school property and on private school property subject to the approval of governing body of the private school. §20-141(e1)

Minimum Speed Limit: I. No person shall operate a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. §20-141(h)

II. Except when making a left turn, no person shall operate a motor vehicle on the inside lane next to the median of any dual-lane highway at a speed below the posted speed limit if such slow speed would impede the steady flow of traffic. §20-146(e)

Basis for a Speed Law Violation : (continued)

III. A person driving at less than the legal maximum speed limit shall drive in the right-hand lane then available for thru traffic or as close as practicable to the right-hand curb or edge of the highway. §20-146(b)

Posted (Minimum) Speed Limit: I. 40 MPH on interstate and primary highways with a posted speed limit of 55 MPH2 §20-141(c)(1)

II. 45 MPH on interstate and primary highways with a posted speed limit ³ 60 MPH §20-141(c)(2)

III. Based on engineering and traffic investigations, the State Department of Transportation or a local government may establish a minimum speed limit on the streets and highways under their jurisdictions. §20-141(g)

Other: I. The Board of Transportation or a local government may establish speed limits in designated school zones. These limits are in effect when school is in session. Such a limit cannot be <20 MPH. §20-141.1

II. The State Department of Transportation may establish safe maximum speed limits for bridges, causeways or viaducts. §20-144

III. A school bus which is loaded with children shall not be driven >45 MPH. §20-218(b)

IV. A school activity bus which is loaded with children shall not be driven >55 MPH. §20-218(b)

V. When transporting persons, an activity bus which is owned by a nonprofit organization shall not be driven >55 MPH. §20-218.2

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: Except as Noted, Speed Law Violations are Infractions (Non-criminal Offenses). §§14-3.1 & 20-176(a)

Excessive Speeding is a Class 2 Misdemeanor.3 §20-141(j1)

A person who drives a school bus, a school activity bus, or a nonprofit activity bus in excess of the maximum statutory speed allowed for these vehicles commits a Class 3 Misdemeanor. §§20-218(c) & 20-218.2

Other: N/A

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Sanctions Following an Adjudication of a Speed Law Violation :

(continued)

Term (Day, Month, Years,

Etc.): Infraction-None.

Class 2 Misdemeanor -1 to 60 days.4 §15A-1340.23(c)(2)

Class 3 Misdemeanor -1 to 20 days §15A-1340.23(c)(2)

Mandatory Minimum Term: None. See Highway Work Zone and School Property below

Fine:

Amount ($ Range): Infraction-Not more than $100. §20-176(b)

Class 2 Misdemeanor -Not more than $1,000. §15A-1340.23(b)

Class 3 Misdemeanor -Not more than $200. §15A-1340.23(b)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: Driver Improvement Clinic. §20-16(e)

Other: Highway Work Zone: There is a fine of $250 (mandatory) for exceeding the speed limit in a highway work zone. §20-141(j2)

School Zone or School Property: For exceeding the posted speed limit either (1) in a school zone or (2) on public or private school property where such limit was established pursuant to §20-141(e1), there is a mandatory fine of $25. §§20-141(e1) & 20-141.1

Licensing Action:

Type of Licensing Action (Susp/Rev): I.Suspension via a Point System.5 §20-16(a)(5) & (c)

II. Suspension for 2 offenses within 12 months of Speeding >55 but <80 MPH. §20-16(a)(9)

III. Suspension for driving >75 MPH on a highway with a posted speed limit of <70 MPH. §20-16(a)(10)

Sanctions Following an Adjudication of a Speed Law Violation :

(continued)

IV. Suspension for driving >80 MPH on a highway with a posted speed limit of 70 MPH. §20-16(a)(10a)

Term of License Withdrawal

(Days, Months, Years, etc.): I.Suspension via a Point System-Not more than 1 year. §20-19(c)

II. Suspension for 2 offenses within 12 months of Speeding >55 but <80 MPH-Not more than 6 months. §20-19(a)

III. Suspension for driving >75 MPH on a highway with a posted speed limit of <70 MPH-Not more than 12 months. §20-19(b)

IV. Suspension for driving >80 MPH on a highway with a posted speed limit of 70 MPH-Not more than 1 year. §20-19(c)

Mandatory Minimum Term of

Withdrawal: I.Suspension via a Point System-None. §20-16(a)(5) & (c) Note: Suspension action by the licensing agency appears to be discretionary.

II. Suspension for 2 offenses within 12 months of Speeding >55 but <80 MPH-None. §20-19(a). Note: Suspension action by the licensing agency is discretionary.

III. Suspension for driving >75 MPH on a highway with a posted speed limit of <70 MPH-None. Note: Suspension action by the licensing agency is discretionary. §20-19(b)

IV. Suspension for driving >80 MPH on a highway with a posted speed limit of 70 MPH-None. §20-16(a)(10a) Note: Suspension action by the licensing agency appears to be discretionary.

Miscellaneous Sanctions

Not Included Elsewhere: Required Suspension for operating a motor vehicle (1) >15 MPH over the speed limit and also driving >55 MPH or (2) >80 MPH-30 day6s. 287 20-16.1(a) Note: A longer license suspension is authorized if other provisions of law so provide. §20-16.1(e)

Eluding a Police Officer: A person attempting to elude a law enforcement officer commits a Class 1 Misdemeanor if he/she drives either (1) >55 MPH and >15 MPH over the speed limit or (2) >80 MPH. §20-141(j). The sanctions for this misdemeanor are an imprisonment term of 1 to 120 days and/or a fine (the amount is discretionary with the court). §15A-1340.23(b) & (c)(2)

Commercial Motor Vehicle: A person who commits a violation in a commercial motor vehicle for which

points are assessed may be further assessed double the amount of any fine or penalty authorized by law. §20-16.01

Other Criminal Actions Related to Speeding :

Racing on Highway : I. Class 1 Misdemeanor- Prearranged Speed Competition on a Highway. §20-141.3(a)

II. Class 2 Misdemeanor-Willful Speed Competition (not prearranged). §20-141.3(b)

Sanctions:

Criminal Sanction:

Imprisonment (Term): I. Prearranged Speed Competition on a Highway-1 to 120 days. §15A-1340.23(c)(2)

II. Willful Speed Competition (not prearranged)-1 to 60 days. §15A-1340.23(c)(2)

Mandatory Minimum Term: None

Fine ($ Range): I. Prearranged Speed Competition on a Highway-The amount of the fine is discretionary with the court. §15A-1340.23(b)

II. Willful Speed Competition (not prearranged)-Not more than $1,000. §15A-1340.23(b)

Mandatory Minimum Fine: None

 

Administrative Licensing Action:

Licensing Authorized and

Type of Action: I. Prearranged Speed Competition on a Highway-Revocation. §20-141.3(d)

II. Willful Speed Competition (not prearranged)-Suspension. §20-141.3(e)

Length of Term of

Licensing Withdrawal: I. Prearranged Speed Competition on a Highway-3 years. §20-141.3(d)

II. Willful Speed Competition (not prearranged)-Not more than 1 year. §20-141.3(e)

Mandatory Action‑‑Minimum

Length of License Withdrawal: I. Prearranged Speed Competition on a Highway-18 month7s. 288 §20-141.3(d)

II. Willful Speed Competition (not prearranged)-Non8e. 2 8 9 §20-141.3(e)

Other: I. Driver Improvement Clinic §20-16(e)

II. Seizure and forfeiture of the vehicle used in a pre-arranged speed contest. §20-141.3(g)

Reckless Drivin9g 2 9 0 : Class 2 Misdemeanor. §20-140(a), (b) & (d)

Sanction:

Criminal:

Imprisonment (Term): 1 to 60 days §15A-1340.23(c)(2)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): Not more than $1,000. §15A-1340.23(b)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System. §20-16(a)(5) & (c)

Suspension for 1 or more charges of reckless driving and 1 or more charges of speeding >55MPH but <80 MPH. §20-16(a)(9)

Revocation for 2 reckless driving offenses within 12 months. §20-17(a)(6)

Length of Term of License

Withdrawal Action: Suspension via a Point System-Not more than 1 year. §§20-16(a)(5) & (c) and 20-19(c)

Revocation for 2 reckless driving offenses within 12 months-1 year. §§20-17(a)(6) & 20-19(f)

Mandatory Term of License

Withdrawal Action: Suspension via a Point System-None. §§20-16(a)(5) & (c) Note: Suspension action by the licensing agency appears to be discretionary.

Revocation for 2 reckless driving offenses within 12 months-1 year. §§20-17(a)(6) & 20-19(f)

Other: I.Required Suspension for operating a motor vehicle (1) >15 MPH over the speed limit and also driving >55 MPH or (2) >80 MPH and reckless driving-60 days. §20-16.1(d) Note: This action appears to be mandatory. Note: A longer license suspension is authorized if other provisions of law so provide. §20-16.1(e)

II. Driver Improvement Clinic. §20-16(e)

III. Commercial Motor Vehicle: A person who commits a violation in a commercial motor vehicle for which points are assessed may be further assessed double the amount of any fine or penalty authorized by law. §20-16.01

Commercial Motor Vehicle (CMV) Operator10s 29 1 :

Grounds for Disqualification : A person is disqualified from operating a CMV if while driving such a vehicle he/she either (1) commits 2 "serious traffic violations11" 292 within a 3 year period or (2) commits 3 such violations within a 3 year period. §20-17.4(d)

Period of Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §20-17.4(d)

Period of Mandatory Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §20-17.4(d)


1 The maximum speed limit on these highways is 55 MPH unless an engineering and traffic investigation justifies a higher speed limit. However, any increase in the speed limit cannot be >70 MPH. §20-141(d)(2)

2 This limit does not apply to vehicles that are towing other vehicles. §20-141(c)

3 It is a Class 2 Misdemeanor to operate a motor vehicle either (1) >15 MPH over the posted speed limit or (2) >80 MPH. §20-141(j1)

4 The period of incarceration is determined by the number of prior misdemeanor offense convictions. I. For Class 1 Misdemeanors, if the offender has either had no prior or has had no more than 4 prior convictions, the incarceration period is from 1 to 45 days. However, if he/she has had 5 or more convictions, the incarceration period is from 1 to 120 days. II. For Class 2 Misdemeanors, if the offender has had no prior convictions, the incarceration period is from 1 to 30 days. If he/she has had up to 4 prior convictions, the incarceration period is from 1 to 45 days, and, if there are 5 or more prior convictions, the incarceration period is from 1 to 60 days. III. For Class 3 Misdemeanors, if the offender has had no prior convictions, the incarceration period is 1 to 10 days. If he/she has had up to 4 prior convictions, the incarceration period is from 1 to 15 days, and, if there are 5 or more prior convictions, the incarceration period is from 1 to 20 days. §15A-1340.23(c)(2)

5 Point System: I. A person's license is subject to suspension if he/she accumulates 12 points within 3 years. II. The following points have been assigned to speeding or speed related offenses: reckless driving-4 points (5 points if operating a commercial motor vehicle); exceeding the posted speed limit of 55 MPH-3 points (4 points if operating a commercial motor vehicle); exceeding the posted speed limit in a school zone-3 points (4 points if operating a commercial motor vehicle); and, all other speed violations-2 points (3 points if operating a commercial motor vehicle). §20-16(a)(5) & (c)

6 A 1st offender may receive restricted driving privileges for health, education or family welfare purposes. However, for subsequent offenders, the suspension appears to be mandatory. §20-16.1(b)(1)

7 A new license may be issued after 18 months if the licensing agency is satisfied that the offender "has been of good behavior." The agency may place such conditions on the new license that it feels are appropriate for the remaining period of the revocation. §20-141.3(d)

8 There is no mandatory suspension period. Licensing action is discretionary with the licensing agency. §20-141.3(e)

9 "Reckless driving" includes either (1) driving carelessly and heedlessly in willful or wanton disregard of the rights or safety of others or (2) driving without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property. §20-140(a) & (b)

10 A 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 ³ 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. §20-4.01(3d)

11 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §20-4.01(41a)(a) & (b)

JURISDICTION: NORTH DAKOTA

This chapter summarizes North Dakota State statutes related to speed.

General Reference: North Dakota Century Code Annotated

Basis for a Speed Law Violation :

Basic Speed Rule: No person may drive a vehicle at a speed greater than is reasonable and prudent under the existing conditions having regard to the actual and potential hazards then existing.1 §39-09-01

Statutory Speed Limit: 70 MPH (112.65 Kilometers Per Hour) on access-controlled interstate highways2 §39-09-02(1)(h)

See Other below.

65 MPH3 (104.61 Kilometers Per Hour) on 2-lane paved highways during the daytime, and on certain multi-lane interstate highways §39-09-02(1)(g)

55 MPH4 (88.51 Kilometers Per Hour) on unpaved roads and on certain paved during the nighttime §39-09-02(1)(f)

25 MPH (40.23 Kilometers Per Hour) in a business or residential district or a public park §39-09-02(1)(e)

20 MPH (32.19 Kilometers Per Hour) in a school zone5 unless a lower speed limit has been posted §39-09-02(1)(b)

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State may increase or decrease the above speed limits on the State highway system.6 §§39-09-04 & 39-09-07

II. Based on engineering and traffic investigations, a local government may increase (but not >55 MPH

or decrease the above speed limits on the highways under its jurisdiction. §39-09-03

Minimum Speed Limit: I. No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. §39-09-09(1)

II. A person driving at less than the normal speed of traffic shall drive in the right-hand lane then available

Basis for a Speed Law Violation : (continued) for traffic or as close as practicable to the right-hand curb or edge of the roadway. §39-10-08(2)

Posted (Minimum) Speed Limit: I. The State may designate a lower speed limit for certain areas of a highway (e.g. construction zones). §39-09-02

II. Based on engineering and traffic investigations, the State or a local government may establish minimum speed limits for the highways under their jurisdictions. §39-09-09(2)

Other: I. The law establishes a speed limit of 20 MPH (32.19 Kilometers Per Hour) in certain situations where a driver's view is obstructed. §39-09-02(1)(a), (c) & (d)

II. Special speed limits may be established on a State highway. §39-09-02(2)

III. Based upon safety investigations, the State or a local government may establish safe maximum speed limits for bridges, causeways or viaducts. §39-09-04.1(2) & (3)

IV. A person shall not operate a vehicle that is equipped with solid rubber tires >10 MPH (>16.09 Kilometers Per Hour). §39-09-04.1(1)

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: Speed Law Violations are Non-criminal Fee Dispositions. §§39-07-06, 39-06.1-02, 39-06.1-06(1), (3), (4) & (7), & 39-06.1-09

Other: A person who violates the Basic Speed Rule (Careless Driving) commits an Infraction if he/she injures either a snow removal equipment operator or snow removal equipment while such are engaged in snow removal operations. §39-09-01

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): None

Mandatory Minimum Term:

Fine:

Amount ($ Range): Violating Basic Speed Rule-$30. §§39-06.1-06(4) & 39-09-01

Violating Posted/Maximum Speed Limits -$5 to >$1707

Sanctions Following an Adjudication of a Speed Law Violation:

(continued)

§§39-06.1-06(3), (7) & (11) and 39-09-02(2)

Driving a Vehicle Equipped with Solid Rubber Tires >10 MPH (>16.09 Kilometers Per Hour) -$20. §§39-06.1-06(2) & 39-06.1-09

Exceeding the Maximum Safe Posted Speed Limit on Bridges, Causeways or Viaducts -$20. §§39-06.1-06(2) & 39-06.1-09

Driving Too Slowly or Violating Minimum Posted Speed Limit -$20. §§39-06.1-06(2) & 39-06.1-09

Infraction - Not more than $500. §12.1-32-01(7)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: N/A

Other: Subsequent Infraction. A person who has been convicted of a subsequent infraction offense within 1 year may be sentenced as though convicted of a Class B Misdemeanor. §12.1-32-01(7). The sanctions for a Class B Misdemeanor are an imprisonment term of not more than 30 days and/or a fine of not more than $1,000. §12.1-32-01(6)

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System.8 §39-06.1-10

Sanctions Following an Adjudication of a Speed Law Violation :

(continued)

Term of License Withdrawal

(Days, Months, Years, etc.): ³ 7 days. §39-06.1-10(2)

Mandatory Minimum Term of

Withdrawal: Note: Suspensions via the Point System appear to be mandatory.

Miscellaneous Sanctions

Not Included Elsewhere: N/A

Other Criminal Actions Related to Speeding :

Exhibition of Driving and Drag Racin9g: Non-criminal Fee Disposition. §§39-08-03.1 & 39-07-06

Sanctions:

Criminal Sanction:

Imprisonment (Term): None

Mandatory Minimum Term:

Fine ($ Range): For Drag Racing-$100. §39-08-03.1(1)

For Exhibition Driving-$50. §39-08-03.1(1)

Mandatory Minimum Fine: Note: The law is not clear but the above fines may be mandatory.

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension via a Point System. §39-06.1-10

Length of Term of

Licensing Withdrawal: ³ 7 days. §39-06.1-10(2)

Mandatory Action‑‑Minimum

Length of License

Withdrawal: Note: Suspensions via the Point System appear to be mandatory.

Other:

Reckless Driving : Class B Misdemeanor. §39-08-03

Sanction:

Criminal:

Imprisonment (Term): Not more than 30 days. §12.1-32-01(6)

Mandatory Minimum Term

of Imprisonment: None

Other Criminal Actions Related to Speeding

(continued)

Fine ($ Range): Not more than $1,000. §12.1-32-01(6)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System. §39-06.1-10

Length of Term of License

Withdrawal Action: ³ 7 days. §39-06.1-10(2)

Mandatory Term of License

Withdrawal Action: Note: Suspensions via the Point System appear to be mandatory.

Other: N/A

Aggravated Reckless Drivin10g 302 : Class A Misdemeanor. §39-08-03

Sanction:

Criminal:

Imprisonment (Term): Not more than 1 year. §12.1-32-01(5)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): Not more than $2,000. §12.1-32-01(5)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System. §39-06.1-10 or Revocation if there was "serious bodily injury 303 .11" §39-06-31(2)

Length of Term of License

Withdrawal Action: Suspensions via Point System- ³ 7 days. §39-06.1-10(2). Revocation- 1 year or for such period as recommended by the court §39-06-31

Mandatory Term of License

Withdrawal Action: Suspensions via the Point System appear to be mandatory. Revocation-1 year or for such period as recommended by the court

Other: N/A

Care in Operating Vehicle12 : Non-criminal Disposition Fee. §§39-06.1-06(5) & 39-09-01.1

Sanction:

Criminal:

Other Criminal Actions Related to Speeding

(continued)

Imprisonment (Term): None

Mandatory Minimum Term

of Imprisonment:

Fine ($ Range): $10 to $30. §39-06.1-06(5)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System. §39-06.1-10

Length of Term of License

Withdrawal Action: ³ 7 days. §39-06.1-10(2)

Mandatory Term of License

Withdrawal Action: Note: Suspensions via the Point System appear to be mandatory.

Other: N/A

Commercial Motor Vehicle (CMV) Operator13s 305 :

Grounds for Disqualification : A person is disqualified from operating a CMV if while driving such a vehicle he/she either (1) commits 2 "serious traffic violations 30614 " within a 3-year period or (2) commits 3 such violations within a 3-year period. §39-06.2-10(5)

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. §39-06.2-10(5)

Period of Mandatory Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §39-06.2-10(5)


1 A violation of this provision is considered "careless driving." §39-09-01

2 The 70 MPH speed limit applies on access-controlled, paved and divided multi-lane interstate highways. §39-09-02(1)(h)

3 The 65 MPH speed limit applies, if posted, (1) on paved two-lane highways within the time period of one-half hour before sunrise to one-half hour after sunset (if posted) and (2) on paved and divided multilane highways. §39-09-02(1)(g)

4 Provided there is no posted speed limit or the time period is one-half hour after sunset to one-half hour before sunrise, the speed limit is 55 MPH speed limit (1) on gravel, dirt or loose surface highways and (2) on paved two-lane highways. §39-09-02(1)(f)

5 This speed limit applies (1) when the school is in recess and (2) when children are going to and from school. §39-09-02(1)(b)

6 This includes the establishment of different highway speed limits for different types of vehicles (certain types of trucks may be required to be driven at a slower speed than other types of motor vehicles), at different times of the day, for various weather conditions, or for other factors bearing on safe speeds. §39-09-04

7 I. General Fee Schedule: 6 to 10 MPH over the speed limit-$5 plus $1 for each MPH over 5 MPH; 11 to 15 MPH over the speed limit-$10 plus $1 for each MPH over 10 MPH; 16 to 20 MPH over the speed limit-$15 plus $2 for each MPH over 15 MPH; 21 to 25 MPH over the speed limit-$25 plus $3 for each MPH over 20 MPH; 26 to 35 MPH over the speed limit-$40 plus $3 for each MPH over 25 MPH; 36 to 45 MPH over the speed limit-$70 plus $3 for each MPH over 35 MPH; and, ³ 46 MPH over the speed limit-$100 plus $5 for each MPH over 45 MPH. §39-06.1-06(3). II. Fee Schedule for Exceeding the Speed Limit on a Highway with Posted Speed Limits >55 MPH (88.51 Kilometers Per Hour): 6 to 10 MPH over the speed limit-$15 plus $2 for each MPH over 5 MPH over the limit; 11 to 15 MPH over the speed limit-$25 plus $3 for each MPH over 10 MPH over the limit; 16 to 20 MPH over the speed limit-$40 plus $3 for each MPH over 15 MPH over the limit; 21 to 25 MPH over the speed limit-$55 plus $3 for each MPH over 20 MPH over the limit; 26 to 35 MPH-$70 plus $3 for each MPH over 25 MPH over the limit; 36 to 45 MPH over the speed limit-$120 plus $5 for each MPH over 35 MPH over the limit; and ³ 46 MPH over the speed limit-$170 plus $5 for each MPH over 45 MPH over the limit. §39-06.1-06(7)

III. Fee Schedule for Exceeding the Speed Limit on a Highway with Posted Speed Limits > 70 MPH: 6 to 10 MPH over the limit-$40; 11 to 15 MPH over thelimit-$60; 16 to 20 MPH over the limit-$80; 21 to 25 MPH over the limit-$100; 26 to 30 MPH over the limit-$125; 31 to 35 MPH over the limit-$150; and ≥ 36 MPH over the limit-$150 plus $5 for each MPH over 35 MPH over the limit. §39-06.1-06(11).

IV. Fee Schedule for Violating a Specially Posted Speed Limit in a Construction Zone: These fees apply unless a greater fee is applicable under other provisions of the law: 1 to 10 MPH over the speed limit-$40; and, >10 MPH over the speed limit-$40 plus $1 for each MPH over 10 MPH. §39-06.1-06(12). Note: The point schedule does not assign points for a violation of the provisions related to minimum speed (§§39-09-09(1) & 39-10-08(2)).

8 Point System: I. An offender who accumulates 12 points is subject to a 7 day license suspension. If he/she accumulates ³ 13 points, his/her license is suspended for 7 days for each point over 11. §39-06.1-10(2).

II. The following points have been assigned for speed related violations: reckless driving-8 points; aggravated reckless driving-12 points; basic speed rule violation-6 points; careless driving-6 points; drag racing-10 points; exhibition driving-3 points; and, failure to use care-2 points. §39-06.1-10(3)(a)(10), (12), (13) & (29) and39-06.1-10(3)(b)(1) & (2)

III. The following points have been assigned for exceeding the speed limit: 11 to 15 MPH over the speed limit-1 point; 16 to 20 MPH over the speed limit-3 points; 21 to 25 MPH over the speed limit-5 points; 26 to 35 MPH over the speed limit-9 points; 36 to 45 MPH over the speed limit-12 points; and, ³ 46 MPH over the speed limit-15 points. §39-06.1-10(3)(a)(30).

IV. The following points have been assigned for exceeding the speed limit on highways with a speed limit > 65 MPH: 6 to 10 MPH over the speed limit-1 point; 11 to 15 MPH over the speed limit-2 points; 16 to 20 MPH over the speed limit-5 points; 21 to 25 MPH over the speed limit-7 points; 26 to 30 MPH over the speed limit-10 points; 31 to 35 MPH over the speed limit-12 points; and, ³ 36 MPH over the speed limit-15 points. §39-06.1-10(3)(a)(33)

Persons Under 18 Years Old: A person under 18 years old who has accumulated >5 points must have his/her driving privileges canceled. Such a person is considered to never to have had a license and, after any period of suspension or revocation, he/she may apply for and be issued an instructional permit. Such individuals must complete a course of classroom and behind-the-wheel instruction, an internet course and 30 hours of driving with a parent of guardian, or a course at an approved commercial driver training school. In addition, he/she must satisfy all other requirements for licensing prior to being issued a driver’s license. §§14-10-01 & 39-06-01.1

9 I. "Drag racing" is defined as operating either (1) "two or more vehicles from a point side by side by accelerating rapidly in a competitive attempt to outdistance the other" or "(2) one or more vehicles over a common selected course from the same point to the same point for the purpose of comparing the relative speed or powers of acceleration of such vehicle of vehicles within a certain distance or time limit." §39-08-03.1(2)(a). II. "Exhibition driving" is defined as either (1) operating "a vehicle in a manner which disturbs the peace by creating or causing unnecessary engine noise, tire squeal, skid, or slide upon acceleration or braking" or (2) "operating or executing or attempting one or a series of unnecessarily abrupt turns." §39-08-03.1(2)(b)

10 "Aggravated reckless driving" is reckless driving which "inflicts injury upon the person of another." §39-08-03

11 "Serious bodily injury" is defined as "bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement, unconsciousness, extreme pain, or permanent loss or impairment of the function of any bodily member or organ, or a bone fracture." §12.1-01-04(29)

12 A person violates this provision if he/she does not operate a vehicle “in a careful and prudent manner, having due regard to the traffic, surface, and width of the highway and other conditions then existing” or “drives any vehicle upon a highway in a manner to endanger the life, limb, or property of any person.” §39-09-01.1

13 305 A 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 ³ 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. §39-06.2-02(6)

14 306 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §39-06.2-02(21)(a) & (b)

JURISDICTION: NEBRASKA

This chapter summarizes Nebraska State statutes related to speed.

General Reference: Revised Statutes of Nebraska

Basis for a Speed Law Violation :

Basic Speed Rule: A person shall not operate a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. §60-6,185

Statutory Speed Limit: 75 MPH on State freeways1and Federal interstate highways.2 §60-6,186(1)(g)

See Other below.

65 MPH on a State expressway3 §60-6,186(1)(f)

60 MPH on other State highways §60-6,186(1)(e)(ii)

55 MPH upon any dustless-surfaced highway not part of the State highway system §60-6,186(1)(d)

50 MPH upon a non-dustless-surfaced highway not part of the State highway system §60-6,186(1)(c)

25 MPH in a residential district §60-6,186(1)(a)

20 MPH in a business district §60-6,186(1)(b)

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State or local governments may increase or decrease the above statutory speed limits.4 However, the State cannot increase the maximum statutory speed limits on rural highways and freeways. On county highways that are not part of the State highway system, a local government cannot establish a speed limit <35 MPH outside a residential or business district. §§60-6,186(2) and 60-6,190(1) & (3)

Minimum Speed Limit: I. No person shall operate a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. §60-6,193(1), (2) & (6)

II. On a freeway, no motor vehicle can be operated <40 MPH.5 §60-6,193(2)

III. A person driving at less than the normal speed of traffic shall drive in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway. §60-6,131(2)

Basis for a Speed Law Violation : (continued)

Posted (Minimum) Speed Limit: The State or a local government may establish minimum posted speed limits for a highway. §60-6,193(3). Note: Via signs, “specified traffic” (e.g. slower moving traffic) may be directed to use designated lanes. §60-6,193(3)

Other: I. In maintenance, repair or construction zones, the speed limit is 35 MPH in rural areas and 25 MPH in urban ones. However, the speed in such zones may be increased to a limit not greater than the maximum limit provided by law. §60-6,188(1) & (3)

II. Based upon an investigation, either the State or a local government may establish safe maximum speed limits for bridges, causeways, viaducts or other elevated structures. §60-6,189(2)

III. A vehicle towing a mobile home shall not be driven >50 MPH. §60-6,187(1)

IV. A school bus carrying children is subject to special speed limitations.6 §60-6,187(2)

V. No person shall operate a “livestock forage vehicle” at a speed (1) >20 MPH in a business district, (2) >25 MPH in a residential district or (3) >50 MPH on any other highway except a freeway outside a business or residential district. However, these speed limits may be altered via §60-6,190. §60-6,305(3)

VI. A moped shall not be driven >30 MPH. §60-6,313(7)

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Traffic Infractions (but are disposed of in the same manner as misdemeanors). §§60-672, 60-682, 60-682.01 & 60-688

Other: N/A

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years, etc.) None

Mandatory Minimum Term:

Fine:

Amount ($ Range): Exceeding the Speed Limit: (1) 1 to 5 MPH Over the Speed Limit-$10; (2) 6 to 10 MPH Over the Speed Limit-$25; (3) 11 to 15 MPH Over the Speed Limit

$75; (4) 16 to 20 MPH Over the Speed Limit-$125; (5) >21 MPH Over the Speed Limit-$200; (6) These fines are doubled if the offense occurred in a construction zone or a school crossing zone. §60-682.01

Sanctions Following an Adjudication of a Speed Law Violation :

(continued)

Other Violations: 1st offense -Not more than $100; 2nd offense (within1 year)-Not more than $200; Subsequent offense (within 1 year)-Not more than $300. §60-689

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: The court may require a person who has been convicted of a moving violation to attend a driver improvement school. §60-691

Other: N/A

Licensing Action:

Type of Licensing Action

(Susp/Rev): Revocation via a Point System.7 §§60-499(4) & 60-4,183

Term of License Withdrawal

(Days, Months, Years, etc.): Revocation via a Point System-6 months. §§60-499, 60-4,182 & 60-4,183

Mandatory Minimum Term of

Withdrawal: Revocation via a Point System-None. A person is eligible for either employment or medical hardship driving privileges. §§60-4,129, 60-4,130 & 60-4,130.01

Miscellaneous Sanctions

Not Included Elsewhere: Revocation via Court Order-10 days to 1 year.8 Note: This action is discretionary. §60-496

Other Criminal Actions Related to Speeding :

Racing on Highway : Class II Misdemeanor. §60-6,195(1) & (3)

Sanctions:

Criminal Sanction:

Imprisonment (Term): Not more than 6 months. §28-106(1)

Mandatory Minimum Term: None

Fine ($ Range): Not more than $1,000. §28-106(1)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Possible Revocation via a Point System. 7 §§60-499, 60-4,182 & 60-4,183. Note: There is no specific point

Other Criminal Actions Related to Speeding:

(continued)

assignment for the offense of racing on the highways. However, the law does provide an assignment of 1 point for all other moving violations. This could include such offense.

Length of Term of

Licensing Withdrawal: Revocation via a Point System-6 months. §§60-499 & 60-4,183

Mandatory Action‑‑Minimum

Length of License

Withdrawal: Revocation via a Point System-None. A person is eligible for either employment or medical hardship driving privileges. §§60-4,129, 60-4,130 & 60-4,130.01

Other: I. The court may require a person who has been convicted of a moving violation to attend a driver improvement school. §60-691

II. Revocation via Court Order-10 days to 1 year. Note: This action is discretionary. §60-496

Willful Reckless Drivin9g 315 : Class I, II or III Misdemeanor. §§60-6,214, 60-6,216, 60-6,217 & 60-6,218

Sanction:

Criminal:

Imprisonment (Term): 1st offense (Class III Misdemeanor)-Not more than 3 months; 2nd offense (Class II Misdemeanor)-Not more than 6 months; Subsequent offense (Class I Misdemeanor)-Not more than 1 year. §28-106(1)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): 1st offense (Class III Misdemeanor)-Not more than $500; 2nd offense (Class II Misdemeanor)-Not more than $1,000; Subsequent offense (Class I Misdemeanor)-Not more than $1,000. §28-106(1)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): 1st or subsequent offense-Revocation. §§60-6,216, 60-6,217, 60-6,218 &60-498(7)

Length of Term of License

Withdrawal Action: 1st offense-30 days to 1 year §60-6,216; 2nd offense-60 days to 2 years §60-6,217; Subsequent offense-1 year. §60-6,218

Mandatory Term of License

Withdrawal Action: 1st offense-30 days §60-6,216; 2nd offense-60 days §60-6,217; Subsequent offense-1 year. §60-6,218. The minimum period of revocation is mandatory 31610 . §60-498(7)

Other: I. For 2nd offenses, the vehicle used in the offense, if owned by the offender, must be impounded from 2 months to 1 year. §60-6,217

II. The court may require a person who has been convicted of a moving violation to attend a driver improvement school. §60-691

III. Revocation via Court Order where there has been danger to life, limb or property-10 days to 1 year. Note: This action is discretionary. §60-496

Reckless Driving : Class I, II or III Misdemeanor. §§60-6,213, 60-6,215, 60-6,217 & 60-6,218

Sanction:

Criminal:

Imprisonment (Term): 1st offense (Class III Misdemeanor)-Not more than 3 months; 2nd offense (Class II Misdemeanor)-Not more than 6 months; Subsequent offense (Class I Misdemeanor)-Not more than 1 year. §28-106(1)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): 1st offense (Class III Misdemeanor)-Not more than $500; 2nd offense (Class II Misdemeanor)-Not more than $1,000; Subsequent offense (Class I Misdemeanor)-Not more than $1,000. §28-106(1)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): 1st offense-Revocation via the Point System §§60-499 & 60-4,183; 2nd or subsequent offense-Revocation. §§60-6,217 & 60-6,218

Length of Term of License

Withdrawal Action: 1st offense-Revocation via a Point System-6 months §§60-499, 60-4,182 & 60-4,183; 2nd offense-60 days

to 2 years §60-6,217; Subsequent offense-1 year. §60-6,218

Mandatory Term of License

Withdrawal Action: 1st offense-Revocation via a Point System-None. A person is eligible for either employment or medical hardship driving privileges §§60-4,129, 60-4,130 & 60-4,130.01; 2nd offense-60 days §60-6,217; Subsequent offense-1 year. §60-6,218. For 2nd or subsequent offenses, the minimum period of revocation appears to be mandatory.

Other: I. For 2nd offenses, the vehicle used in the offense, if owned by the offender, must be impounded from 2 months to 1 year. §60-6,217

II. The court may require a person who has been convicted of a moving violation to attend a driver improvement school. §60-691

III. Revocation via Court Order where there has been danger to life, limb or property-10 days to 1 year. Note: This action is discretionary. §60-496

Careless Drivin11g: 317 Traffic Infraction (Civil Offense) §60-672, 60-682 & 60-6,212

Sanction:

Criminal:

Imprisonment (Term): None

Mandatory Minimum Term

of Imprisonment:

Fine ($ Range): 1st offense-Not more than $100; 2nd offense (within 1 year)-Not more than $200; Subsequent offense (within 1 year)-Not more than $300. §60-689

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Revocation via a Point System. §§60-499 & 60-4,183

Length of Term of License

Withdrawal Action: Revocation via a Point System-6 months. §§60-499, 60-4,182 & 60-4,183

Mandatory Term of License

Withdrawal Action: Revocation via a Point System-None. A person is eligible for either employment or medical hardship driving privileges. §§60-4,129, 60-4,130 & 60-4,130.01

Other: I. The court may require a person who has been convicted of a moving violation to attend a driver improvement school. §60-691

II. Revocation via Court Order where there has been danger to life, limb or property-10 days to 1 year. Note: This action is discretionary. §60-496

Commercial Motor Vehicle (CMV) Operator12s 318 :

Grounds for Disqualification : A person is disqualified from operating a CMV if while driving such a vehicle he/she (1) commits 2 "serious traffic violations 31913 " within a

3-year period or (2) commits 3 such violations within a 3-year period. §60-4,168(4)

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. §60-4,168(4)

Period of Mandatory Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §60-4,168(4)

1 A "freeway" is defined as "an expressway with full control of access." §39-1302(17)

2 Exceptions: The maximum speed limit is 60 MPH on any State freeway or interstate highway in Douglas County, on Interstate 180 in Lancaster County and on Interstate 129 in Dakota County. §60-6,186(1)(g)(i) & (ii)

3 An "expressway" is defined as "a divided arterial highway for through traffic with full or partial control of access which may have grade separations at intersections." §39-1302(13)

4 Historical Note: The State legislature repealed the provisions that allowed the State to provide for different speed limits at specified times of the day, for certain weather conditions, for various types of vehicles, and for other factors concerned with safe speeds. §10 of Legislative Bill 901 enacted in 1996

5 Either the State or a local government may alter this minimum speed limit on a freeway. §60-6,193(2)

6 I. School buses shall not be driven >55 MPH on State highways. However, this limit does not apply on freeways (except during the nighttime), dustless-surfaced highways or State highways designed by the State for speed limits of 75 MPH. §60-6,187(2)(a). II. School buses shall not be driven >45 MPH during the daytime or >40 MPH during the nighttime on non-dustless surfaced highways that are not part of the State highway system. §60-6,187(2)(b) & (c)

7 Point System: I. If an offender accumulates 12 points within 2 years, his/her license is revoked for 6 months and he/she must attend a driver education and training course for at least 8 hours. If the offense involved incarceration, the license revocation begins after the offender is released from such confinement. §60-4,183. An offender <21 years old who accumulates 6 points within 12 months must attend an 8 hour driver improvement course. If he/she fails to attend this course, his/her license is suspended until either he/she completes the course or reaches the age of 21. §60-4,130.03. II. Points have been assigned as follows: willful reckless driving-6 points; reckless driving-5 points; careless driving-4 points; speeding £ 5 MPH over the speed limit-1 point; speeding >5 MPH but <10 MPH over the speed limit-2 points; and speeding >10 MPH over the speed limit-3 points. However, on highways with maximum speed limits of either 60, 65 or 75 MPH, the following points have been assigned for speeding violations: for exceeding the speed limit by <10 MPH-1 point; for exceeding the speed limit by >10 MPH but <15 MPH-2 points; and, for exceeding the speed limit by >15 MPH-3 points. §60-4,182

8 The court is authorized to take such action only if the offense involved driving in such a manner as to endanger life, limb or property. State v. Mann, 246 N.W.2d 604 (Neb. 1976) & §60-496 ¶1

9 "Willful reckless driving" is defined as operating a motor vehicle "in such a manner as to indicate a willful disregard for the safety of persons or property." §60-6,214

10 An employment driving permit is not available. §60-4,129

11 "Careless driving" is defined as operating a motor vehicle "carelessly or without due caution so as to endanger a person or property." §60-6,212

12 A 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 and is a heavy vehicle with varying weight capacities (e.g., Class A Combination Vehicles 26,000 lbs. with towed vehicles weighing >10,000 lbs., Class B Heavy Single Vehicles weighing >26,001 lbs. and Class C Small Single Vehicles weighing <26,001 lbs.), is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. §60-4,138(2)

13 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §60-4,168(7)(a) & (b)

JURISDICTION: NEW HAMPSHIRE

This chapter summarizes New Hampshire State statutes related to speed.

General Reference: New Hampshire Revised Statutes Annotated and New Hampshire Code of Administrative Rules (NHCAR)

Basis for a Speed Law Violation :

Basic Speed Rule: A person shall not drive a vehicle at a speed greater than is reasonable and prudent under the conditions, having regard to the actual and potential hazards then existing. §265:60 (I)

Statutory Speed Limit: Operating a motor vehicle above the following speed limits is considered prima facie evidence that such speed is considered prima facie evidence that such speed is unreasonable. §265:60 (III)

See Other below.

1) 65 MPH on the interstate system and other highways designated via statute1 §265:60 (II)(e)

2) 55 MPH on other highways §265:60 (II)(d)

3) 35 MPH in rural residential districts and class V highways outside the compact part of a city or town §265:60 (II)(c)

4) 30 MPH in a business or urban residential district §265:60 (II)(b)

5) 10 MPH below the usual posted speed limit in a school zone2 §265:60 (II)(a)

6) 10 MPH below the usual posted speed limit but in no case >45 MPH on a portion of a highway where persons are at work §265:60 (II)(f)

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations or in the event of vehicle or weather emergencies, the State Commissioner of Transportation may increase or decrease the prima facie limit on the State highway system or on highways outside the compact area of a city or town.3 §265:62 (I) & 236:7

II. Based on a petition by the governing body of a local government, the State Commissioner of Transportation may decrease the prima facie speed limit on the State highway system within the compact area of a city or

town. However, such reduced limit cannot be <25 MPH. §265:62 (IV)

III. Based on engineering and traffic investigations, local

Basis for a Speed Law Violation : (continued)

governments may increase or decrease prima facie speed limits within their jurisdictions.4 §265:63 (I) &(II)

IV. Based on engineering and traffic investigations, the State Commissioner of Transportation may establish safe maximum speed limits for bridges and other elevated structures. §265:66 (IV)

Minimum Speed Limit: I. A person shall not drive a vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. §265:64 (I)

II. A person driving at less than the normal speed of traffic shall drive in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway. §265:16 (II)

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State Commissioner of Transportation may declare a minimum prima facie speed limit on a highway. §265:64 (II). Note: Via signs, “specified traffic” (e.g. slower moving traffic) may be directed to use designated lanes. §265.24 (III)

Other: I. A person shall not drive a vehicle that is towing a house trailer >45 MPH. §265:66 (I)

II. A person shall not drive a vehicle that is equipped with solid rubber or cushion tires >10 MPH. §265.66 (II)

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: All Speed Law Offenses are Violations.5 §§265:2 & 625:9 (II)(b)

Other:

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): None

Mandatory Minimum Term:

Fine:

Amount ($ Range): Not more than $1,000. §651:2 (IV)(a)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: An offender may be required to attend a Driver Attitude Training program. §263:56-e

Other: N/A

Sanctions Following an Adjudication of a Speed Law Violation :

(continued)

Licensing Action:

Type of Licensing Action (Susp/Rev): I.Suspension via Court Order. §263:57

II. Suspension via a Point System.6 §263:56 (I)(c) & (II)

III. Revocation for 3 traffic offenses within 1 year. §§263:55 & 263:56

Term of License Withdrawal

(Days, Months, Years, etc.): I.Suspension via Court Order-Not more than 30 days. §263:57

II. Suspension via a Point System-Not more than 1 year. §263:56 (I)(c) & (III)

III. Revocation for 3 traffic offenses within 1 year-30 days to 1 year. §§263:55 & 263:56 (III)

Mandatory Minimum Term of

Withdrawal: I.Suspension via Court Order-None. Action is discretionary with the court. §263:57

II. Suspension via a Point System-Suspensions occurring under this system appear to be mandatory. 6 §263:56 (I)(c) & (II)I and NHCAR Saf-C 211.04(b)

III. Revocation for 3 traffic offenses within 1 year-30 days. §§263:55 This licensing action appears to be mandatory.

Miscellaneous Sanctions

Not Included Elsewhere: N/A

Other Criminal Actions Related to Speeding :

Racing on Highway : Violation. §265:75

Sanctions:

Other Criminal Actions Related to Speeding :

(continued)

Criminal Sanction:

Imprisonment (Term): None

Mandatory Minimum Term:

Fine ($ Range): Not more than $1,000. §651:2 (IV)(a)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: The administrative licensing actions listed for speeding violations also apply to this offense.

Length of Term of

Licensing Withdrawal: N/A

Mandatory Action‑‑Minimum

Length of License

Withdrawal: N/A

Other: An offender may be required to attend a Driver Attitude Training program. §263:56-e

Reckless Driving: Violation. §265:79

Sanctions:

Criminal:

Imprisonment (Term): None

Mandatory Minimum Term

of Imprisonment:

Fine ($ Range): $250 to $500. §265:79

Mandatory Minimum Fine: $250. §265:79

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Revocation7 §§263:65 & 265:79

Length of Term of License

Withdrawal Action: 1st offense-60 days; 2nd offense-60 days to 1 year. §265:79

Mandatory Term of License

Withdrawal Action: 1st or 2nd offense-60 days. §263:70. This licensing action appears to be mandatory.

Other: I. An offender may be required to attend a Driver Attitude Training program. §263:56-e

II. A driver's license can be suspended or revoked for not more than 7 yrs if the driver operates a vehicle in a reckless or unlawful manner and causes an accident that results in either death or injury to another person. §263:56 (I)(g) & (III)(a)

Commercial Motor Vehicle (CMV) Operators8 :

Grounds for Disqualification : A person is disqualified from operating a CMV if while driving such a vehicle he/she either (1) commits 2 "serious traffic violations"9 within a 3 - year period or (2) commits 3 such violations within a 3 - year period. §263:94 (I)(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. §263:94 (I)(e)

Period of Mandatory Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §263:94 (I)(e)


1 Such designations include those portions of the central and eastern New Hampshire turnpikes that are four-lane divided highways and on other divided highways that have four or more lanes. §265:60 (II)(e)

2 This limit is in effect from 45 minutes before until 45 minutes after school hours. §265:60 (II)(a)

3 The State Commissioner of Transportation, upon a determination by the governor and council, may establish temporary prima facie speed limits for the purpose of conserving fuel or for other national goals. §265:62 (II). Note: New Hampshire law indirectly establishes different types of speed limits for different times of the day by providing that “signs may carry either a fixed speed limit legend or a changeable message so designed as to permit display or different speed limits at various times of the day or night.” §265:62 (I) & 236:7. However, the law does not specifically state whether different highway speed limits can be established for different types of vehicles.

4 However, the following limitations apply: a speed limit in an urban district cannot be increased to more than 60 MPH; and a speed cannot be decreased to less than 25 MPH either outside an urban district or within a business or residential district. §265:63 (I)

5 A violation does not constitute a crime. §625:9 (II)(b)

6 Point System: I. A person ³ 21 years old is subject to either a 3-month, 6-month or 1 year suspension if he/she respectively accumulates either 12 points within 1 year, 18 points within 2 years or 24 points within 3 years. Persons ³ 18 but <21 years old are subject to either a 3-month, 6-month or 1 year suspension if they respectively accumulate either 9 points within 1 year, 15 points within 2 years or 21 points within 3 years. Persons <18 years old are subject to either a 3-month, 6-month or 1 year suspension if they respectively accumulate either 6 points within 1 year, 12 points within 2 years or 18 points within 3 years. NHCAR Saf-C 212.02 II. The following points have been assigned for speeding or speed related violations: racing on the highway or reckless driving-6 points; exceeding the speed limit by ³ 25 MPH-4 points; not driving in the right lane when operating a slow moving vehicle-4 points; and, exceeding the speed limit by <25 MPH-3 points. NHCAR Saf-C 212.03(c)(16), (d)(2) & (5), (e)(14) & (15). Persons 16 to 18 Years Old: For violations of the traffic laws, licensees who are 16 to 18 years are subject to license suspensions or revocations as follows: 1 offense during first year of being licensed-20 days; 2 offenses during the first 2 years of being licensed-45 days; and 3 or more offenses during the first 2 years of being licensed-90 days. §263:14 (III)(a) & (b)

Persons Under 20 Years Old: These licensees are subject to license suspension or revocation if they operate a motor vehicle in such a manner that “poses an immediate hazard to the operator or to the safety or property of others on or near a roadway, or when considered with other driving offenses, demonstrates a repeated disregard for the public safety.” §263:14 (III)(d)

7 Negligent Driving: A person commits a violation and is subject to a fine of not more than $1,000 if he/she drives a vehicle in a negligent manner that endangers or is likely to endanger any person or property. §265:79-b & 651:2 (IV)(a)

8 The administrative licensing actions listed for speeding violations also appear to apply to this offense. A 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 ³ 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. §259:12-e (I)

9 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §259:98-a (I) & (II)

JURISDICTION: NEW JERSEY

This chapter summarizes New Jersey State statutes related to speed.

General Reference: New Jersey Statutes Annotated and New Jersey Administrative Code (NJAC)

Basis for a Speed Law Violation :

Basic Speed Rule: A person shall drive a vehicle at an appropriate reduced rate of speed when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway condition.1 Required reduced rates of speed also include (1) approaching and crossing an intersection or railway grade crossing, (2) approaching and going around a curve, (3) approaching a hill crest and (4) traveling upon any narrow or winding roadway. §39:4-98

Statutory Speed Limit: I. 65 MPH on selected portions of State eligible public highways2 as determined by the State Commissioner of Transportation in consultation with the State attorney general, the N.J. Highway Authority and the N.J. Transportation Authority §§39:4-98.4 & 39:4-98.5

II. It is prima facie unlawful for a person to exceed the following speed limits. §39:4-98

1) 50 MPH in all other locations except as otherwise provided §39:4-98

2) 35 MPH in suburban business or residential district §39:4-98

3) 25 MPH in a (non-suburban) business or residential district §39:4-98

4) 25 MPH when passing through a school zone during recess, while children are visible from the highway or when children are either going to or leaving a school during opening and closing hours §39:4-98

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State Commissioner of Transportation on State highways or local governments on highways under their jurisdictions may increase or decrease the above speed limits. These new limits will be the prima facie lawful

Basis for a Speed Law Violation :

(continued)

speed limits.3 §§39:4-8(b) & 39:4-98

II. The State Highway Commissioner or a local government on highways under its jurisdiction may designate the right-hand lanes of traffic for slow-moving vehicles and inside lanes for traffic moving at the designated speed. §39:4-88(d)

III. The South Jersey Transportation, New Jersey Turnpike and the New Jersey Highway Authorities may establish speed limits on the highways under their respective jurisdictions. §§27:12B-18(c) & (e), 27:23-27 and 27:25A-21(c) & (e)

Minimum Speed Limit: I. No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic. §§27:12B-18(d), 27:23-27 , 27:25A-21(d) & 39:4-97.1

II. When driving on the inside lane of a highway which has been designated for the use of traffic proceeding at the posted speed limit, a person shall drive at approximately the speed authorized and shall not decrease their speed so as to unnecessarily block, hinder or retard traffic. §39:4-88(d)

Posted (Minimum) Speed Limit: N/A

Other: I. The State Commissioner of Transportation may restrict the maximum speed for trucks weighing ³ 10,000 lbs. on highways with maximum speed limits ³ 50 MPH. However, such reduced limit can only be 5 MPH below the normal speed limit. §39:4-98.1

II. A person shall not operate a motor vehicle >4 MPH across a sidewalk. §39:4-100

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: Speed Law Violations appear to be Petty Offenses4 &5.

Adjudication of Speed Law Violations :

§§27:12B-18(j), 27:23-32, 27:25A-21(j) & 39:4-104 & 39:4-203

Other: N/A

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions6:

Imprisonment:

Term (Day, Month, Years, Etc.): Not more than 15 days. §§39:4-104 & 39:4-203

Mandatory Minimum Term: None

Fine:

Amount ($ Range): $50 to $200.7 &8 §§39:4-104 & 39:4-203

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: Driver Improvement Program with a $100 fee. §§39:5-30.2, 39:5-30.4 & 39:5-30.9 and NJAC §13:19-10.2(b)

Other:

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System.9 §39:5-30.5 et seq.

Sanctions Following an Adjudication of a Speed Law Violation :

(continued)

Term of License Withdrawal

(Days, Months, Years, etc.): Suspension via a Point System-30 to 180 days. §39:5-30.8 However, if a person has had 3 suspensions within 3 years, discretionary suspension for up to 3 years. §39:5-30b

Mandatory Minimum Term of

Withdrawal: None. Attendance at a Driver Improvement Program may be used in lieu of all or part of a suspension. §39:5-30.2 & NJAC §13:19-10.2(b)

Miscellaneous Sanctions

Not Included Elsewhere: Double Fines: (1) On a public highway with a speed limit of 65 MPH, the fine is double the usual amount if a person operates a motor vehicle ³ 10 MPH over this limit. §39:4-98.6. (2) The fine amount is double for exceeding ANYprima facie speed limit by ³ 20 MPH.

Other Criminal Actions Related to Speeding :

Racing on Highway : Quasi-criminal/Petty Offense (§39:4-52) or Disorderly Person Offense. §39:5C-1

Sanctions:

Criminal Sanction:

Imprisonment (Term): Petty Offense: None. §39:4-52. Disorderly Person Offense: 1st offense-None; Subsequent offense-Not more than 90 days. §39:5C-1

Mandatory Minimum Term: None

Fine ($ Range): For either a Petty Offense or a Disorderly Person Offense: 1st offense-$25 to $100; Subsequent offense-$100 to $200. §§39:4-52 & 39:5C-1

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension via a Point System. §39:5-30.5 et seq.

Length of Term of

Licensing Withdrawal: Suspension via a Point System-30 to 180 days. §39:5-30.8 However, if a person has had 3 suspensions within 3 years, discretionary suspension for up to 3 years. §39:5-30b

Mandatory Action‑‑Minimum

Length of License

Withdrawal: None. Attendance at a Driver Improvement Program

with a $100 fee may be used in lieu of all or part of a suspension. §§35:5-30.2, 39:5-30.4, NJAC §13:19-10.2(b) &13:19-10.3

Other: Double Fines: For racing on a public highway with a speed limit of 65 MPH, the fine is double the usual amount. §39:4-98.6

Other Criminal Actions Related to Speeding :.

(continued)

Reckless Driving : Quasi-criminal/Petty Offense.§§27:12B-18(b) & (j), 27:23-26, 27:23-32, 27:25A-21(b) & (j) & 39:4-96

Sanction:

Criminal:

Imprisonment (Term): 1st offense-Not more than 60 days; Subsequent offense-Not more than 3 months. §39:4-96

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): 1st offense-$50 to $200; Subsequent offense-$100 to $500. §39:4-96

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System. §39:5-30.5 et seq.

Length of Term of License

Withdrawal Action: Suspension via a Point System-30 to 180 days. §39:5-30.8 However, if a person has had 3 suspensions within 3 years, discretionary suspension for up to 3 years. §39:5-30b

Mandatory Term of License

Withdrawal Action: None. Attendance at a Driver Improvement Program with a $100 fee may be used in lieu of all or part of a suspension. §§39:5-30.2 & 39:5-30.4 and NJAC §13:19-10.2(b) & 13:19-10.3

Other: Double Fines: For a person who commits reckless driving on a public highway with a speed limit of 65 MPH, the fine is double the usual amount. §39:4-98.6

Careless Driving10 : Petty Offense. §§27:12B-18(b) & (j), 27:32-26, 27:32-32, 27:25A-21(b) & (j), 32:1-154.3, 32:154.18(2) & 39:4-97

Sanction:

Criminal:

Imprisonment (Term): Not more than 15 days. §39:4-104

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): $50 to $200. §39:4-104

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System. §39:5-30.5 et seq.

Length of term of License

Withdrawal Action: Suspension via a Point System-30 to 180 days. §39:5-30.8 However, if a person has had 3 suspensions within

Other Criminal Actions Related to Speeding :

(continued)

3 years, discretionary suspension for up to 3 years. §39:5-30b

Mandatory Term of License

Withdrawal Action: None. Attendance at a Driver Improvement Program with a $100 fee may be used in lieu of all or part of a suspension. §§39:5-30.2 & 39:5-30.4 and NJAC §13:19-10.2(b) & 13:19-10.3

Other: Double Fines: For a person who commits careless driving on a public highway with a speed limit of 65 MPH, the fine is double the usual amount. §39:4-98.

Unsafe Driving11 : Quasi-criminal/Petty Offense. §39:4-97.2

Sanction:

Criminal:

Imprisonment (Term): None

Mandatory Minimum Term

of Imprisonment:

Fine ($ Range): 1st offense-$50 to $150; 2nd offense (within 5 years)-$100 to $250; 3rd or subsequent offense (within 5 years)-$200 to $500. §39:4-97.2

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System. For a 3rd or subsequent offense, points are added to a person’s driving record. §§39:4-97.2 & 39:5-30.5 et seq.

Length of term of License

Withdrawal Action: Suspension via a Point System-30 to 180 days. §39:5-30.8 However, if a person has had 3 suspensions within 3 years, discretionary suspension for up to 3 years. §39:5-30b

Mandatory Term of License

Withdrawal Action: None. Attendance at a Driver Improvement Program with a $100 fee may be used in lieu of all or part of a suspension. §§39:5-30.2 & 39:5-30.4 and NJAC

§13:19-10.2(b) & 13:19-10.3

Other: N/A

Commercial Motor Vehicle (CMV) Operators12 :

Grounds for Suspension : A person's privilege for operate a CMV is suspended if while driving such a vehicle he/she (1) commits 2 "serious traffic violations"13 within a 3 - year period or (2) commits 3 such violations within a 3 - year period. §39:3-10.20(f)

Period of Suspension : 2 serious violations (within 3 years)-Not less than 60 days; 3 serious violations (within 3 years)-120 days. §39:3-10.20(f)

Period of Mandatory Suspension : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §39:3-10.20(f)


1 I. On highways under the jurisdiction of the South Jersey Transportation, New Jersey Turnpike or the New Jersey Highway Authorities, a person shall operate a vehicle at a careful and prudent speed, having due regard to the rights and safety of others and to the traffic, surface and width of the highway and any other conditions then existing; no person shall operate a vehicle at a speed as to endanger life, limb or property. §§27:12B-18(c), 27:23-27 & 27:25A-21(c) II. On highways under the jurisdiction of the Port Authority of New York and New Jersey, persons shall not operate a vehicle at a speed so as to endanger unreasonably or to be likely to endanger unreasonably persons or property. §§32:1-154.3 & 32:1-154.18(2)

2 330 An “eligible public highway” is a “public highway” which includes “public roads, streets, expressways, freeways, parkways, motorways and boulevards, including bridges, tunnels, overpasses, underpasses, interchanges....” §27:1B-3(l) Public highways, under the jurisdiction of counties or municipalities, are not eligible for the 65 MPH speed limit. §39:4-98.4

3 3 31 Via an emergency order, the State Commissioner of Transportation may establish speed limits for up to 60 days on any public highway based on emergent conditions such as construction work, dangerous conditions, extreme congestion or traffic problems, imminent peril or imminent risk to motorists or to the public safety. §39:4-98.9(a)

4 333 On highways under the jurisdiction of the South Jersey Transportation or the New Jersey Highway Authorities, (1) speeding, (2) reckless driving or (3) careless driving offenses that result in death, serious injury or property damage >$5,000 are respectively crimes of the third degree or high misdemeanors. §§27:12B-18(k) & 27:25A-21(k) The sanctions for a Crime of the Third Degree/High Misdemeanor are imprisonment from 3 to 5 years and/or a fine of not more than $15,000. §§2C:43-1(b), 2C:43-3(b)(1) & 2C:43-6(a)(3)

5 5 Statutory law does not provide a clear classification for this type of offense. However, State Supreme Court decisions hold that traffic violations are either “quasi-criminal” or petty offenses. “Quasi-criminal offenses are a ‘class of offenses against the public which have not been declared crimes, but wrongful against the general or local public which should be repressed or punished by forfeitures and penalties.’” (citations omitted). State v. Widmaier, 724 A.2d 241 at 251 (N.J. 1999), State v. Schreiber, 585 A.2d 945 (N.J. 1991), State v. Muniz, 571 A.2d 948(N.A. 1990) & State V. Macuk, 268 A.2d 1 (N.J. 1970).

6 334 The following sanctions appear to apply for speeding on highways under the jurisdiction of the Port Authority of New York and New Jersey such as to endanger unreasonably or to be likely to endanger unreasonably persons or property: Imprisonment for not more than 60 days and/or a fine of not more than $500. §§32:1-154.16 & 32:1-154.21. See Footnote No. 5.

7 335 One dollar ($1) is added to any fine for the Body Armor Replacement Fund and$1 is also added for the N.J. Spinal Cord Research Fund. §39:5-41(d) & (e)

8 336 Construction Zone: The fine amount is double for a violation committed in an area of highway construction or repair. §39:4-203.5(b)

9 Point System: I. For the indicated point accumulations in a period of 2 years or less, the following suspension periods apply: 12 to 15 points-30 days suspension; 16 to 18 points-60 days suspension; 19 to 21 points-90 days suspension; 22 to 24 points-120 days suspension; 25 to 27 points-150 days suspension; and ³ 28 points-180 days suspension. For the indicated point accumulations in a period greater than 2 years, the following suspension periods apply: 15 to 18 points-30 days suspension; 19 to 22 points-60 days suspension; 23 to 26 points-90 days suspension; 27 to 30 points-120 days suspension; 31 to 35 points-150 days suspension; and ³ 36 points-180 days suspension. §39:5-30.8 & NJAC §13:19-10.2(a). II. The following points have been assigned to speeding and speed related violations: racing on highway-5 points; reckless driving-5 points; careless driving-2 points; slow speed blocking traffic or not maintaining the proper speed in a designed traffic lane-2 points; exceeding speed limit ³ 1 but £ 14 MPH-2 points; exceeding speed limit ³ 15 but £ 29 MPH-4 points; and exceeding speed limit ³ 30-5 points. §39:4-97.2 and NJAC §13:19-10.1 Alternative Licensing and Possible Registration Action: A person’s license or vehicle’s registration certificate may be suspended or revoked (for an indefinite period of time) under general provisions of the law which allows the State to take such action when a person has violated the traffic laws. §§39:5-30 & 39:5-31

Preliminary Licensing Action: The State may issue a “preliminary” (immediate) license suspension without a hearing prior to any final action based on an allegation that a person has committed either (1) a speeding offense where he/she exceeded the authorized speed limit by 20 MPH, (2) reckless driving or (3) careless driving where any of the “alleged” offenses resulted in a death or a serious bodily injury to another. An aggrieved party may request a timely hearing on such preliminary action. §39:5-30(e)

10 "Careless driving" is defined as operating "a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property." §39:4-97

11 "[I]t shall be unlawful for any person to drive or operate a motor vehicle in an unsafe manner likely to endanger a person or property.” §39:4-97.2

12 A 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 ³ 26,001 lbs., is designed to transport 16 or more persons, is designed to transport >8 but <16 persons if used to transport persons for hire on a daily basis to and from places of employment, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. §39:3-10.11

13 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §39:3-10.11

JURISDICTION: NEW MEXICO

This chapter summarizes New Mexico State statutes related to speed.

General Reference: New Mexico Statutes Annotated and New Mexico Administrative Code (NMAC)

Basis for a Speed Law Violation :

Basic Speed Rule: Speed shall be so controlled as to avoid colliding with any person or vehicle that is either on or entering the highway. All persons shall use due care.1 §66-7-301(B)

Statutory Speed Limit: 75 MPH on highways §66-7-301(A)(3)

See Other below. 30 MPH in business and residential districts §66-7-301(A)(2)

15 MPH in a posted school zone2 §66-7-301(A)(1)

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State Transportation Commission may increase to not >75 MPH or decrease the above speed limits on any highway within its jurisdiction.3 §66-7-303(A)

II. Based on engineering and traffic investigations and subject to approval by the State Transportation Commission, a local government may increase or decrease the above speed limits on any highway within its jurisdiction. §66-7-303 (B) & 66-7-304

III. Based upon investigations, the State Transportation Commission may establish safe maximum speed limits for bridges and other elevated structures. §66-7-306(C)

Minimum Speed Limit: I. No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. §66-7-305(A)

II. A person driving at less than the normal speed of traffic shall drive in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway. §66-7-308(B)

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State Transportation Commission or a local government may establish minimum speed limits on a highway. §66-7-305(B). Note: Via signs, slower moving traffic may be directed to use designated lanes. §66-7-317(C)

Other: I. The State or a local government may establish speed limits in construction zones. §66-7-303.1

II. A person shall not operate a motor vehicle that is equipped with solid rubber or cushion tires >10 MPH. §66-7-306(A)

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Penalty Assessment Misdemeanors. §§66-8-7(A) & 66-8-116(A)

Other: N/A

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): None

Mandatory Minimum Term: None

Fine:

Amount ($ Range): $15 to $200.4 §66-8-116(A)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: N/A

Other: In lieu of a court appearance, an offender may elect to pay a penalty assessment.5 §66-8-116. For a penalty assessment, an offender is assessed additional fees to cover various costs.6 §66-8-116.3

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System7 based on frequent

violation of the traffic laws8. §66-5-30(A)(3)

Term of License Withdrawal

(Days, Months, Years, etc.): Not more than 1 year. §66-5-32

Sanctions Following an Adjudication of a Speed Law Violation :

(continued)

Mandatory Minimum Term of

Withdrawal: None. Note: An offender is eligible for limited driving privileges for educational or employment purposes. §66-5-35

Miscellaneous Sanctions

Not Included Elsewhere: N/A

Other Criminal Actions Related to Speeding :

Racing on Highway : Misdemeanor. §66-8-115(A) & (D)

Sanctions:

Criminal Sanction:

Imprisonment (Term): Not more than 90 days. §66-8-7(B)

Mandatory Minimum Term: None

Fine ($ Range): Not more than $300. §66-8-7(B)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension via a Points System based either on (1) frequent violations of the traffic laws or (2) habitually reckless or negligent driving. §66-5-30(A)(3) & (4)

Length of Term of

Licensing Withdrawal: Not more than 1 year. §66-5-32(A)

Mandatory Action‑‑Minimum

Length of License

Withdrawal: None. Note: An offender is eligible for limited driving privileges for employment purposes. §66-5-35

Other: N/A

Reckless Driving : Misdemeanor. §§66-8-7(A) & 66-8-113(A)

Sanction:

Criminal:

Imprisonment (Term): 1st offense-5 to 90 days; Subsequent offense-10 days to 6 months. §66-8-113(B)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): 1st offense-$25 to $100; Subsequent offense-$50 to $1,000. §66-8-113(B)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension. §66-8-113(C). Revocation for 3 offenses within 12 months §66-5-29(A)(7)

Length of Term of License

Withdrawal Action: Suspension-Not more than 90 days. §66-8-113(C). Revocation for 3 offenses within 12 months-1 year. §66-5-29(B)

Mandatory Term of License

Withdrawal Action: None. Note: An offender is eligible for limited driving privileges for employment purposes. §66-5-35

Other Criminal Actions Related to Speeding :

(continued)

Other: Suspension is also possible via a Points System based either on (1) frequent violations of the traffic laws or (2) habitually reckless or negligent driving. §66-5-30(A)(3) & (4)

Careless Drivin9g 350 : Misdemeanor. §66-8-114(A) & (B)

Sanction:

Criminal:

Imprisonment (Term): Not more than 90 days. §66-8-7(B)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): Not more than $300. §66-8-7(B)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System based either on (1) frequent violations of the traffic laws or (2) habitually reckless or negligent driving. §66-5-30(A)(3) & (4)

Length of Term of License

Withdrawal Action: Not more than 1 year. §66-5-32(A)

Mandatory Term of License

Withdrawal Action: None. Note: An offender is eligible for limited driving privileges for employment purposes. §66-5-35

Other:

Commercial Motor Vehicle (CMV) Operator10s 351 :

Grounds for Disqualification : A person is disqualified from operating a CMV if while driving such a vehicle he/she either (1) commits 2 "serious traffic violations 35211 " within a 3 - year period or (2) commits 3 such violations within a 3 - year period. §66-5-68(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. §66-5-68(E)

Period of Mandatory Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §66-5-68(E)


1 See Careless Driving.

2 This speed limit is in effect when children are going to or leaving a school. §66-7-301(A)(1)

3 Note: New Mexico law does not specifically state whether different highway speed limits may be established for different types of vehicles, for various weather conditions or for different times of the day.

4 An offender who is cited for a penalty assessment misdemeanor may elect to appear in court. In such cases, the fine imposed cannot exceed that established for an offense under §66-8-116(A).

5 Penalty Assessments: The following monetary assessments are assigned for speeding violations: (1) driving so as to impede traffic or not driving in the right lane when not proceeding at the normal speed or traffic-$10; (2) driving £ 10 MPH over the speed limit or exceeding other posted speed limits-$15; (3) driving ³ 11 to £ 15 MPH over the speed limit-$30; (4) driving ³ 16 to £ 20 MPH over the speed limit-$65; (5) driving ³ 21 to £ 25 MPH over the speed limit-$100; (6) driving ³ 26 to £ 30 MPH over the speed limit-$125; (7) driving ³ 31 to £ 35 MPH over the speed limit-$150; and, (8) driving >35 MPH over the speed limit-$200. §66-8-116(A). Speeding in a construction zone results in an assessment twice the penalty for the equivalent MPH over the limit. §66-8-116(D).

6 The following additional fees are assessed: a fee of $20 to cover local government corrections costs; a fee of $10 to cover the costs of court automation; a fee of $3 to fund traffic education and enforcement; a fee of $2 to fund judicial education; a fee of $5 which is deposited into the brain injury services fund; and a court facilities fee of $10-$24. §66-8-116.3

7 Point System: I. An offender's license is suspended for not more than 3 months if he/she accumulates between 7 and 10 points within 1 year. §66-5-30(A)(11) & Title 18 NMAC 19.5.54. However, the offender is subject to a 12 month suspension if he/she accumulates 12 or more points within 12 consecutive months. Title 18 NMAC 19.5.55. II. The following points have been assigned for speeding or speed related violations: speeding ³ 26 MPH over the speed limit-8 points; reckless driving-6 points; racing on highway-6 points; speeding 16 to 25 MPH over the speed limit-5 points; speeding 6 to 15 MPH over the speed limit-3 points; careless driving-3 points; and, not proceeding at the normal speed of traffic except when driving in the right lane-3 points. Title 18 NMAC 19.5.52. Note: The point schedule does not assigned points driving at such a slow speed as to impede traffic.

8Exception: The licensing agency cannot suspend an offender's license for a speeding violation unless the offender was driving >75 MPH on highways or in posted limit construction zones.. §66-7-302.1

9 The offense of "careless driving" includes either (1) operating a vehicle without giving "full time and entire attention" to vehicle operation or (2) operating a vehicle "in a careless, inattentive or imprudent manner, without due regard for the width, grade, curves, corners, traffic, other and road conditions and other attendant circumstances." §66-8-114(A) & (B)

10 A 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 ³ 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. §66-1-4.3(J) & 66-5-54(B)

11 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §66-5-54(I)(1) & (2)

J URISDICTION: NEVADA

This chapter summarizes Nevada State statutes related to speed.

General Reference: Nevada Revised Statutes and Nevada Administrative Code (NAC)

Basis for a Speed Law Violation :

Basic Speed Rule: A person shall not drive a vehicle at a rate of speed greater than is reasonable or proper, having due regard for the traffic, surface and width of the highway, the weather and other highway conditions, or at such a speed as to endanger life, limb or property of any person. §484.361(1) & (2)

Statutory Speed Limit: I. A person shall not operate any vehicle at a speed >75 MPH. §484.361(4)

II. A person shall not operate a motor vehicle >15 MPH1 in a school zone or >25 MPH in school crossing zone.2 §484.366(1) & (2)

Posted (Maximum) Speed Limit: I. The State Department of Transportation may adopt speed limits of not >75 MPH on highways constructed and maintained by it. Such authority includes the establishment of lower speed limits (1) "where necessary to protect public health and safety" or (2) "for trucks, overweight and oversized vehicles, or trailers drawn by motor vehicles and buses." §§484.367(2) & 484.368

II. After appropriate studies, the State may establish special speed zones on a highway where a hazard exists. §484.369(1)

III. After an appropriate investigation, the State may establish the maximum safe speed limits for bridges and elevated structures. § 484.375(3)

IV. Except for State constructed and maintained highways, local governments and unincorporated towns may establish speed limits within their jurisdictions. §§269.185(1)(b) & 484.367(1)

Minimum Speed Limit: I. A person shall not operate a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. §484.371(1)

II. If a person is driving at a speed so slow as to impede

the forward movement of traffic, he/she shall, on one-lane highways, drive to the extreme right hand side of

the highway, on highways with two or more lanes,

Basis for a Speed Law Violation : drive in the extreme right hand lane and, on controlled- (continued) access highways, use an alternate route if possible.

§484.373

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State or a local government may establish a minimum speed for a highway or a part thereof. §484.371(2)

Other: I. A person shall not drive a school bus at speed >55 MPH while transporting students to and from school or while on a school activity. §484.365

II. A person shall not drive a vehicle equipped with solid rubber tires or cushion tires >10 MPH. §484.375(1)

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Misdemeanors. §§193.170 & 484.999(1)

Other: N/A

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): Not more than 6 months.3 §193.150(1)

Mandatory Minimum Term: None

Fine:

Amount ($ Range): Not more than $1,000. §193.150(1)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: I. A person who has been convicted of a 2nd offense may be ordered by the court to attend a driver training school. §484.999(2)

II. The licensing agency can also require a person who has had his/her license suspended via the point system

to attend a driver's training school. §483.477

Construction Zone: A person who exceeds the posted speed limit in a construction zone is subject to an additional sanction that is equal to the original

Sanctions Following an Adjudication of a Speed Law Violation :

(continued)

sanction imposed for exceeding such limit. Imprisonment sanctions for the original and additional sanctions must run consecutively. However, the combined sanctions cannot exceed 6 months of imprisonment, $1,000 or 120 hours of community service. §484.3667(1) & (2)

Licensing Action:

Type of Licensing Action

(Susp/Rev): I.Suspension via a Point System.4 §§483.473 & 483.475 and NAC 483.500 & 483.510

II. Suspension-6 offenses within 5 years with a point value of ³ 4. §483.475(4)

Term of License Withdrawal

(Days, Months, Years, etc.):

I. Suspension via Point System-6 months to 1 year. §483.475(3)

II. Suspension-1 year for 6 offenses within 5 years with a point value of ³ 4. §483.475(4)

Mandatory Minimum Term of

Withdrawal: I.Suspension via Point System. Under certain conditions, an offender is eligible for restricted driving privileges for employment and other necessities.5 §483.490

II. Suspension-1 year mandatory for 6 offenses within 5 years with a point value of ³ 4. A restricted license is not available. §483.475(4)

Miscellaneous Sanctions

Not Included Elsewhere: Alternative to Imprisonment or Fine: The court may

order an offender to participate in community service in lieu of all or part of an imprisonment or fine. §193.150(2)

Other Criminal Actions Related to Speeding :

Reckless Driving (Speed Contest on Highway)6 : Misdemeanor. §§484.251(1) & 484.377

Sanctions:

Criminal Sanction:

Imprisonment (Term): Not more than 6 months. §193.150

Mandatory Minimum Term: None

Fine ($ Range): Not more than $1,000. §193.150

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: I.Suspension via a Point System. §§483.473 & 483.475 and NAC 483.500 & 483.510

II. Suspension-6 offenses within 5 years with a point value of ³ 4. §483.475(4)

III. Revocation-3 Reckless Driving Convictions within 1 year. §483.460(1)(b)(4)

Length of Term of

Licensing Withdrawal: I.Suspension via Point System- 6 months to 1 year. §483.475(3)

II. Suspension-1 year for 6 offenses within 5 years with a point value of ³ 4. §483.475(4)

III. Revocation-3 Reckless Driving Convictions within 1 year-1 year. §483.460(1)(b)(4)

Mandatory Action‑‑Minimum

Length of License

Withdrawal: I.Suspension via Point System. Under certain conditions, an offender is eligible for restricted driving privileges for employment and other necessities. §483.490

II. Suspension -1 year mandatory for 6 offenses within 5 years with a point value of ³ 4. A restricted license is not available. §483.475(4)

III. Revocation - 3 Reckless Driving Convictions within 1 year- None. §483.460(1)(b)(4) This revocation does not appear to be mandatory. A restricted license for employment and other necessities is available. 483.490

Other: The licensing agency can require a person who has had his/her license suspended via the point system to attend

a driver's training school. §483.477

Death or Injury Related Offense: Reckless driving is a Category B Felony if it involved willful or wanton disregard of the safety of persons or property that resulted in either death or substantial bodily injury. The criminal sanctions for this offense are either

Other Criminal Actions Related to Speeding : imprisonment for 1 to 6 years and/or a fine of not more than $5,000. §484.377(2). In addition, a person’s

license is revoked for 3 years. §483.460(1)(a)(1). After one-half of the revocation period has "expired," an offender may be issued a restricted license for employment and for other necessities. §483.490

Aggressive Driving7 :

Sanction: Misdemeanor §484.3765(3)

Criminal:

Imprisonment (Term): Not more than 6 months. §193.150(1)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): Not more than $1,000. §193.150(1)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): 1st offense-Suspension. Subsequent offense (within 2 years)-Revocation. §484.3765(3). Note: This licensing action is consecutive to any other license suspension or revocation. §484.3765(5)

Length of Term of License

Withdrawal Action: 1st offense-Not more than 30 days. Subsequent offense (within 2 years)-1 year. §484.3765(3)

Mandatory Term of License

Withdrawal Action: 1st offense-None; Subsequent offense (within 2 years)-1 year. §484.3765(3)

Other: 1st offense-An offender is required to attend a course on traffic safety.

§484.3765(3). Note: If the offender successfully completes this course, three (3) points may be canceled from his/her driving record. §484.3765(7)

Commercial Motor Vehicle (CMV) Operators8 :

Grounds for Disqualification : A person is disqualified from operating a CMV if while driving such a vehicle he/she (1) commits 2 "serious traffic violations"9 within a 3 - year period or (2) commits 3 such violations within a 3 - year period. §483.908, NAC 706.247(1) & 49 CFR §383.51(c)

Period of Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §483.908, NAC 706.247(1) & 49 CFR §383.51(c)

Period of Mandatory Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §483.908, NAC 706.247(1) & 49 CFR §383.51(c)


1 This 15 MPH speed limit is not to be imposed if it would result in unsafe conditions because of higher speed limits on adjoining streets. §484.366(3)

2 The speed limits in these zones do not apply (1) on a day when the school is in not in session, (2) one-half hour after school is no longer in operation to one-half hour before school operations, or (3) when a sign indicates that such limits are not in effect. §484.366(1) & (2). Note: Local governments are required to post the times these speed limits are in effect. §§268.425 & 269.185(2)

3 A person who exceeds the following posted speed limits during the hours of daylight is only subject to a fine of $25: (1) when the posted speed limit is 60 MPH and the offender is driving £ 70 MPH; (2) when the posted speed limit is 65 MPH and the offender is driving £ 75 MPH; or (3) when the posted speed limit is 70 MPH and the offender is driving £ 75 MPH. A violation is not considered a moving violation and is not recorded on a person's driving record. §484.3685(1) & (2). Exception: This fine does “not apply to a violation ... that occurs in a county whose population is 100,000 or more if the portion of highway being traversed is in (a) an urban district, or (b) an area which is adjacent to an urban area and which has been designated by the public authority that established the posted speed limit for the portion of highway being traversed as an area that requires strict observance of the posted speed limit to protect public health and safety.” §484.3685(3)

4 Point System: I. If a person accumulates 12 points within 12 months, his/her license is suspended for 6 months. If within 3 years, a person has a second accumulation of 12 points within 12 months, his/her license is suspended for 1 year. Likewise, if within 5 years, a person has a third accumulation of 12 points within 12 months, his/her license is suspended for 1 year. §483.475(3). II. The following points have been assigned to speeding or speed related violations: reckless driving-8 points; careless driving-6 points; speeding in school zone ³ 16 MPH over the limit-6 points; speeding in school zone ³ 1 but <15 MPH over the limit-4 points; speeding ³ 21 MPH over the posted speed limit-4 points; speeding ³ 15 MPH over the speed limit in a vehicle used for commercial purposes-4 points; speeding ³ 16 MPH but £ 20 MPH over the speed limit-3 points; speeding ³ 11 MPH but <15 MPH over the speed limit-2 points; excessive speeding for the conditions-2 points; and, speeding ³ 1 MPH but £ 10 MPH over the speed limit-1 point. NAC 483.510

5 For a suspension based on a first of second accumulation of 12 points within 12 months, an offender is eligible for restricted driving privileges. §483.475(3)(a) & (b). However, such privileges are not available for a third such accumulation. §483.475(3)(c)

6 A person commits the offense of "reckless driving" if he/she (1) "drives in willful or wanton disregard of the safety of persons or property" or (2) "drives a vehicle in an unauthorized speed contest on a public highway." §484.377(1)(a) & (b)

7 359 A person commits "Aggressive Driving” if, during a course of one (1) mile, he/she does ALL of the following in any sequence: I. violates (a) the basic speed rules (driving greater than is reasonable or at a rate of speed so as to endanger life, limb or property), (b) the speed limit in a school zone, (c) the posted speed limit, or (d) the prohibition against driving >75 MPH; II. commits TWO (2) or more of the following offenses: (a) failing to obey a traffic control device (§484.278); (b) overtaking and passing another vehicle on the right by driving off the paved portion of the highway (§484.297); (c) driving unsafely or improperly upon a highway that has marked lanes for traffic (§484.305); (d) following another vehicle too closely (§484.307); or (e) failing to yield the right of way (§§484.315 & 484.323); and III. creates an immediate hazard, regardless of its duration, to another vehicle or to another person. §484.3765(1)

8 A 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 ³ 10,001 lbs., is designed to transport 15 or more persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. NAC 706.247(f)

9 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §483.908, NAC 706.247(1) & 49 CFR §383.5

JURISDICTION: NEW YORK

This chapter summarizes New York State statutes related to speed.

General Reference: McKinney's Consolidated Laws of New York Note: Most citations are to the Vehicle and Traffic Law (V&T Law). New York Code of Rules and Regulations (NYCRR)

Basis for a Speed Law Violation :

Basic Speed Rule: A person shall not drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. V&T Law §1180(a)

Statutory Speed Limit: 65 MPH on parts of certain designated highways.1 V&T Law §1180- a(2) Repealed December 1, 2005.

See Other below

55 MPH. V&T Law §§1180(b) & 1180-a(1) (V&T Law §1180-a repealed on December 1, 2005)

Posted (Maximum) Speed Limit: I. The State Department of Transportation may establish maximum speed limits > or <55 MPH2 (1) on highways under its jurisdiction3, (2) on county or town roads not in cities or villages via a request by a county or town, or (3) on highways on State educational, institutional or agency grounds via a request from the controlling organizations. V&T Law §§1180(c) & (d)(1), 1620(a), 1622(1) and 1623(a). Note: New York law does not specifically state

Basis for a Speed Law Violation : (continued)

whether different highway speed limits may be established for different types of vehicles, for various weather conditions, or for different times of the day.

Posted (Maximum) Speed Limit: II. Certain State-created public authorities and commissions may establish maximum speed limits <55 MPH on highways under their jurisdictions.4 V&T Law §§1180(c) & (d)(1), 1180-a(1) and 1630(5)

III. Towns5 may establish maximum speed limits <55 MPH6 on roads within their exclusive jurisdictions. V&T Law §§1180(c) & (d)(1), 1180-a(1) and 1662-a

IV. Cities and villages may establish maximum speed limits <55 MPH7 on roads within their exclusive jurisdictions. V&T Law §§1180(c) & (d)(1), 1180-a(1) and 1643

V. A city or village may establish maximum speeds of not <15 MPH on certain private driveway or parking areas. V&T Law §1640-a(2-a)

VI. Other local authorities or school districts may establish speed limits <55 MPH on driveways or parking fields under their jurisdictions. V&T Law §§1180(d)(1) & 1670(3)

I. The State Department of Transportation may prohibit a local government from establishing maximum speed limits on certain designated State maintained highways. V&T Law §1624(a)

II. Except as provided under V&T Law §1180-a(2) & (3) ( Repealed December 1, 2005.) (See Footnote No. 1.) (1) Cities, (2) villages, (3) towns, (4) counties, (5) public authorities and (5) divisions and offices of the State Department of Transportation are prohibited from establishing speed limits >55 MPH. V&T Law §1180-a(1)(V&T Law §1180-a repealed on December 1, 2005)

Basis for a Speed Law Violation :

(continued)

Minimum Speed Limit: I. No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. V&T Law §1181(a)

II. A person driving at less than the normal speed of traffic shall drive in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway. V&T Law §1120(b)

Posted (Minimum) Speed Limit: The State may establish minimum safe speed limits on highways under its jurisdiction or a city with a population >1 million. V&T Law §§1181(b), 1620(b) & 1642(a)(5). Note: Via signs, slower moving traffic may be directed to use designated lanes. V&T Law §1128(c)

Other: I. The State or local government may establish maximum safe speed limits on bridges and elevated structures on their respective highways. V&T Law §§1180(d)(1), 1620(c), 1644, 1652 & 1663

II. The State or a local government may establish maximum and minimum speed limits on restricted highways that are either under construction or reconstruction. Highway Law §104-a & V&T Law §§1180(d)(2) & 1625(a)(1)

III. An agency having control over a street under construction or maintenance may establish a "work area speed limit" with a limit of not <25 MPH. In addition, the usual speed limit cannot be exceed the work area speed limit by >20 MPH. V&T Law §1180(f)

IV. State university boards of trustees are authorized to adopt State traffic laws, which could include speed limits, on university streets. Education Law §360(1)

V. School vehicles, when engaged in pupil transportation, cannot be driven >55 MPH. However, local school districts may adopt a lower operating speed for such vehicles. Education Law §3624

VI. No person shall drive a commercial motor vehicle (CMV) with gross weight >10,000 lbs. (>18,000 lbs. if using radar/laser speed detector) >55 MPH or above the posted speed limit. V&T Law §1180(g)(i)

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Traffic Infractions. V&T Law §§1180 & 1800(a) and Education Law §360(2)

Other: Education Law §3624 does not provide a sanction for driving a school vehicle >55 MPH when transporting pupils.

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years, Etc.): Basic Speed Rule-Not more than 15 days V&T Law §1180(h)(2)

Violating the Minimum Speed Law (including not driving in the right lane when proceeding at less than the normal speed of traffic) or Posted Minimum Speed Limit- 1st offense-Not more than 15 days; 2nd offense (within 18 months)-Not more than 45 days; Subsequent offense (within 18 months)-Not more than 90 days. V&T Law §1800(b)

Exceeding 55/65 MPH or the Posted Speed Limits-(1) Exceeding speed limit £ 10 MPH-None; (2) Exceeding speed limit >10 but <30 MPH-Not more than 15 days; (3) Exceeding the speed limit >30 MPH-Not more than 30 days. V&T Law §1180(h)(1)

Established Construction Zones or CMV Speed Limit Violations -(1) Exceeding speed limit £ 10 MPH-None; (2) Exceeding speed limit >10 but <30 MPH-Not more than 30 days; (3) Exceeding the speed limit >30 MPH-Not more than 30 days. V&T Law §1180(h)(3)

In addition to any other penalty, violation of a maximum speed limit in a work zone is subject to an additional surcharge of $50. § 1809-D

Mandatory Minimum Term: None

Fine:

Amount ($ Range): Basic Speed Rule-Not more than $45 to $1508 V&T Law §1180(h)(2)

Violating the Minimum Speed Law (including not driving in the right lane when proceeding at less than the normal speed of traffic) or Posted Minimum Speed Limit - 1st offense-Not more than $150; 2nd offense(within 18 months)-Not more than $300;

Sanctions Following an Adjudication of a Speed Law Violation :

Subsequent offense (within 18 months)-Not more than $450. V&T Law §1800(b)

Exceeding 55/65 MPH or the Posted Speed Limits -(1) Exceeding speed limit £ 10 MPH-$45 to $150; (2) Exceeding speed limit >10 but <30 MPH-$90 to $300; (3) Exceeding the speed limit >30 MPH-$180 to

$600. V&T Law §1180(h)(1)

Established Construction Zones or CMV Speed Limit Violations -(1) Exceeding speed limit £ 10 MPH-$90 to $150; (2) Exceeding speed limit >10 but <30 MPH-

Sanctions Following an Adjudication of a Speed Law Violation :

(continued)

$180 to $300; (3) Exceeding the speed limit >30 MPH-$360 to $600. V&T Law §1180(h)(3)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: The court may order an offender to attend a Driver Improvement Clinic. NYCRR §133.3

Other: School Speed Zone: The following sanctions apply if a person exceeds the applicable speed limit in a school zone during a school day between the hours of 7:00 A.M. and 6:00 P.M.: (1) exceeding the speed limit by £ 10 MPH, a fine of not less than $90 nor more than $300; (2) exceeding the speed limit by >10 MPH but £ 30 MPH, a fine of not less than $180 nor more than $600 and/or imprisonment for not more than 15 days; and (3) exceeding the speed limit by >30 MPH, a fine of not less than $360 nor more than $1200 and/or imprisonment for not more than 30 days. V&T Law §1180(h)(4)

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension or Revocation-Based Upon Habitual or Persistent Traffic Law Violations (Point System).9 V&T Law §510(3)(d)

Revocation -Based upon 3 or more offenses involving exceeding the speed limit, within 18 months. V&T Law §510(2)(a)(iv)

Term of License Withdrawal

(Days, Months, Years, etc.): Suspension or Revocation-Based upon Habitual or Persistent Traffic Law Violations (Point System)-Note: The law does not provide specific suspension or revocation periods.10 V&T Law §510(3)(d)

Revocation -Based upon 3 or more offenses involving exceeding the speed limit, within 18 months -At least 6 months. V&T Law §510(6)(a)

Mandatory Minimum Term of

Withdrawal: Suspension or Revocation-Based upon Habitual or Persistent Traffic Law Violations (Point System)-None.11 Note: Suspension or revocation action is "permissive." V&T Law §510(3)(d)

Revocation -None

Miscellaneous Sanctions

Not Included Elsewhere: The registrations of the vehicles owned by the offender may also be suspended or revoked. V&T Law §510(2)(a) & (3)

Other Criminal Actions Related to Speeding :

Racing on Highway : Misdemeanor. V&T Law §1182(1)

Sanctions:

Criminal Sanction:

Imprisonment (Term): 1st offense-Not more than 30 days V&T Law §1182(1); 2nd offense (within 12 months)-Not more than 6 months. V&T Law §1182(2)

Mandatory Minimum Term: None

Fine ($ Range): 1st offense-$300 to $525 V&T Law §1182(1); 2nd offense (within 12 months)-$525 to $750. V&T Law §1182(2)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Revocation. V&T Law §510(2)(a)(vi) & (vii)

Length of Term of

Licensing Withdrawal: 1st offense-At least 6 months V&T Law §510(2)(a)(vi) & (6)(a); 2nd offense (within 3 years)-1 year. V&T Law §510(2)(a)(vii)

Mandatory Action‑‑Minimum

Length of License

Withdrawal: None

Other: I. The registrations of the vehicles owned by the offender may also be revoked. V&T Law §510(2)(a)

II. The court may order an offender to attend a Driver Improvement Clinic. NYCRR §133.3

Reckless Driving : Misdemeanor. V&T Law §§1212 & 1801(1)

Sanction:

Criminal:

Imprisonment (Term): 1st offense-Not more than 30 days; 2nd offense (within 18 months)-Not more than 90 days; Subsequent offense (within 18 months)-Not more than 180 days. V&T Law §1801(1)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): 1st offense-Not more than $300; 2nd offense (within 18 months)-Not more than $525; Subsequent offense (within 18 months)-Not more than $1125. V&T Law §1801(1)

Mandatory Minimum Fine: 1st or subsequent offense-$100. V&T Law §1801(1)

Other Criminal Actions Related to Speeding :

(continued)

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension or Revocation-Based upon (1) Dangerous Driving or (2) Habitual or Persistent Traffic Law Violations (Point System) V&T Law §510(3)(a) & (d)

Length of Term of License

Withdrawal Action: Note: The law does not provide specific suspension or revocation periods. V&T Law §510(3)(a) & (d)

Mandatory Term of License

Withdrawal Action: None.12 Note: Suspension or revocation action is "permissive." V&T Law §510(3)(a) & (d)

Other: I. The registrations of the vehicles owned by the offender may also be suspended or revoked. V&T Law §510(3)

II. The court may order an offender to attend a Driver Improvement Clinic. NYCRR §133.3

Commercial Motor Vehicle (CMV) Operators13 :

Grounds for Suspension : A person's CDL is suspended if while operating a CMV he/she (1) commits 2 "serious traffic violations"14 within a 3-year period or (2) commits 3 such violations within a 3-year period. §510-a(3)(a) & (b)

Period of Suspension : 2 serious violations (within 3 years)-60 days;

3 serious violations (within 3 years)-120 days. V&T Law §510-a(3)(a) & (b)

Period of Mandatory Suspension : 2 serious violations (within 3 years)-60 days;

3 serious violations (within 3 years)-120 days. V&T Law §510-a(3)(a) & (b)


1 362 A speed limit of 65 MPH speed limit may be established on the following highways: (1) “The Governor Thomas E. Dewey Thruway as such term is defined in section three hundred fifty-six of the public authorities law...” (Note: The law specifically prohibits such a speed limit on certain portions of this highway. See V&T law §1180-a(2) for details.); and, (2) “(a) the southern tier expressway from a point east of the town of Lowman, the County of Chemung, thence generally westerly to the Pennsylvania border and from the Chemung interchange to New York touring rout twenty-six, (b) interstate route eighty-one from the Pennsylvania border in Broome county to the interchange with New York touring route twelve in Jefferson county, (c) the Adirondack northway portion of interstate route eighty-seven from the interchange with crescent road in Saratoga county to the province of Quebec, (d) interstate route eighty-eight from the interchange with New York state touring route three hundred sixty-nine in Broome county to the interchange with interstate route ninety in Schenectady county, (e) interstate route three hundred ninety, known as the Genesee Expressway, from the interchange with the southern tier expressway in Steuben county to the interchange with interstate four hundred ninety in Monroe County, (f) interstate route four hundred ninety from interstate ninety exit forty-five in Ontario county to the City of Rochester in Monroe county and from interstate ninety exit forty-seven in Genesee county to the City of Rochester in Monroe county, (g) interstate route five hundred ninety from the interchange with interstate route three hundred ninety in Monroe county to the interchange with interstate route four hundred ninety in Monroe county, (h) route seventeen from the interchange with New York touring route three hundred ninety-four to the Pennsylvania boarder, (i) interstate route four hundred eighty-one from the southerly interchange with interstate route eighty-one in Onondaga county to the northerly interchange with interstate route eighty-one in Onondaga county ... [and] New York state touring route four hundred eight-one from the northerly interchange with interstate route eighty one in Onondaga county to the city of Fulton in Oswego county....” V&T Law §1180-a(2) & (3) Repealed December 1, 2005.

2 Usually, such speed limits cannot be <25 MPH or <15 MPH in a school zone. V&T Law §§1620(a) & 1622(1) However, on highways within certain designed areas, the speed limit within a county or town cannot be <30 MPH. V&T Law §1622(2)

3 This applies to State maintained highways outside of cites with a population >1 million and on Indian reservations. V&T Law §1620(a)

4 Usually, such speed limits cannot be <25 MPH or <15 MPH in a school zone. However, there are exceptions. Lower safe speed limits may be established for bridges and elevated structures. A safe speed limit of not <10 MPH may be established in parks, and a speed limit of not <5 MPH may be established for passage through toll plazas. V&T Law §1630(5)

5 "Towns" means either suburban towns governed by Town Law Article 3-a or other towns with a population >50,000. V&T Law §1662-a

6 The established speed limit within designated areas of a town cannot be <30 MPH, except that on certain designated highways, the speed limit cannot be <25 MPH. Nevertheless, a speed limit of not <15 MPH may be established in school zones. In the community of Point Lookout, Town of Hempstead, a speed limit of not <15 MPH may be established. V&T Law §1662-a

7 I. The established speed limit within designated areas of a city or village cannot be <30 MPH, except that on certain designated highways, the speed limit cannot be <25 MPH. Nevertheless, a speed limit of not <15 MPH may be established in school zones. In Buffalo and Rochester, a speed limit of not <15 MPH may be established on a highway within a city park. V&T Law §1643

II. In cities with a population >1 million, speed limits <25 MPH but in no case <15 MPH may be established along designated highways for the “purpose of implementing traffic calming measures.” However, no such speed limit can be established were such measure consists only of traffic control signs. The term “traffic calming measures” means “any physical engineering measure or measures that reduce the negative effects of motor vehicle use, alter driver behavior and improve conditions for non-motorized street users such as pedestrians and bicyclists.” V&T Law §1642(26)

8 2nd offense (within 18 months)-the maximum fine that can be imposed is increased by $150 V&T Law §1180(h)(5); Subsequent offense (within 18 months)-the maximum fine that can be imposed is increased by $375. V&T Law §1180(h)(5)

9 Point System: I. An offender may be required to attend a Driver Improvement Clinic if he/she accumulates 7 to 10 points within 18 months. 15 NYCRR §131.4(b) The licensing agency may take licensing action (suspension or revocation) if the offender has accumulated ³ 11 points within 18 months or ³ 9 points resulting from speeding violations within 18 months. NYCRR §131.4(c) II. The following points have been assigned to speeding or speed related violations: speeding >40 MPH over the speed limit-11 points; speeding >30 but £ 40 MPH over the speed limit-8 points; speeding >20 but £ 30 MPH over the speed limit-6 points; reckless driving-5 points; speeding >10 but £ 20 MPH over the speed limit-4 points; and other violations related to exceeding the speed limit-3 points. 15 NYCRR §131.3(a) & (b)

10 In the case of "permissive" revocations, the law provides that a "new" license cannot be issued for at 30 days. V&T Law §510(6)(g)

11 A "restricted use license" is available if license suspension or revocation is ordered. Such license is issued upon a showing that driving is necessary for employment, business or education. V&T Law §530

12 A "restricted use license" is available if license suspension or revocation is ordered. Such license is issued upon a showing that driving is necessary for employment, business or education. However, a person is not eligible for such privileges if he/she has been convicted of a prior reckless driving offense within 4 years of the present offense. V&T Law §530(2)

13 A 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 more than 26,000 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials of any size other than a farm vehicle operated within 150 miles of the operator’s farm, which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. V&T Law §501-a(4)

14 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. V&T Law §510-a(4)(a)

JURISDICTION: OHIO

This chapter summarizes Ohio State statutes related to speed.

General Reference: Ohio Revised Code Annotated

Basis for a Speed Law Violation :

Basic Speed Rule: No person shall operate a vehicle at a speed greater or less than is reasonable or proper, having due regard to the traffic, surface, and width of the street or highway and any other conditions. §4511.21(A)

Statutory Speed Limit: 65 MPH1on certain interstate and State freeways and rural highways §4511.21(B)(12) and (D)

55 MPH for vehicles weighing >8,000 lbs. empty weight and noncommercial busses on interstate and State freeways §4511.21(B)(10) & (11)

55 MPH on other freeways inside and outside of municipal corporations §4511.21(B)(8) & (9) and (D)

55 MPH on highways outside of municipal corporations except for certain freeways §4511.21(B)(5) and (D)

50 MPH (prima facie speed limit) on controlled-access highways and expressways within municipal corporations §4511.21(B)(4) & (C)

50 MPH (prima facie speed limit) on State routes within municipal corporations outside urban districts §4511.21(B)(6) & (C)

35 MPH (prima facie speed limit) on State routes and through highways2 §4511.21(B)(3) & (C)

25 MPH (prima facie speed limit) on municipal corporation streets3 §4511.21(B)(2) & (C)

20 MPH (prima facie speed limit) in school zones during recess or when children are going to or leaving school. §4511.21(B)(1)(a) & (C)

15 MPH (prima facie speed limit) on alleys within a municipal corporation §4511.21(B)(7) & (C)

Posted (Maximum) Speed Limit: Based on geometric and traffic characteristics studies, the State or local governments4 may increase or

decrease the above speed limits on any highway. The new posted speed limit on such highway is the prima facie safe speed for that highway. §4511.21(H), (I) & (J)

Basis for a Speed Law Violation : (continued)

Minimum Speed Limit: I. No person shall operate a vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic. §4511.22(A)

II. A person driving at less than the normal speed of traffic shall drive in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway. §4511.25(B)

Posted (Minimum) Speed Limit: Based upon engineering and traffic investigations, the State or local government may establish a minimum speed limit on a highway. However, no minimum speed limit shall be <30 MPH or >50 MPH. §4511.22(B)

Other: I. Based upon an investigation, the State may establish safe maximum speed limits for bridges or other elevated structures. §4511.23

II. The owner of a private road or driveway located in a residential area containing ³ 20 dwelling units may establish a legal posted speed limit on such road or driveway of not <25 MPH. §4511.211

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Misdemeanors. §4511.99(D)

Other:

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): 1st offense (Minor Misdemeanor)-None; 2nd offense (within 1 year) (4th Degree Misdemeanor)-Not more than 30 days; Subsequent offense (within 1 year) (3rd Degree Misdemeanor)-Not more than 60 days. §§2929.21(A) & (B) and 4511.99(D)

Mandatory Minimum Term: None

Fine:

Amount ($ Range): 1st offense (Minor Misdemeanor)-Not more than $100; 2nd offense (within 1 year) (4th Degree Misdemeanor)-Not more than $250; Subsequent offense (within 1 year) (3rd Degree Misdemeanor)-Not more than $500. §§2929.21(C) & (D) and 4511.99(D)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: Remedial Driving Instruction. §4507.022(A). Note: This course must be completed before driving privileges can be restored.

Other:

Sanctions Following an Adjudication of a Speed Law Violation :

(continued)

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System5 §4507.021(G), (K) & (L) Sanctions Following an Adjudication of a Speed Law Violation:

Term of License Withdrawal

(Days, Months, Years, etc.): 6 months §4507.021(K)

Mandatory Minimum Term of

Withdrawal: Suspension via Point System-None. The offender may be placed on probation with conditions in lieu of suspension. §4507.021(N)

Miscellaneous Sanctions

Not Included Elsewhere: I. 1st offense of driving either (1) >35 MPH in a business district of a municipal corporation, (2) >55 MPH on other portions or (3) >35 MPH in a school zone during either recess or when children are going either to or leaving the school-4th Degree Misdemeanor. §4511.99(D)(2) See the sanctions for this misdemeanor above.

II. If the appropriate signs are posted in a construction zone that indicate that increased sanctions are in effect and the offense occurs during hours of actual work w/in the zone, the fines for an offense committed in such zone are double the usual amount. §§4511.99(D)(3) & 4511.98

Other Criminal Actions Related to Speeding :

Street Racing6 : Misdemeanor. §§4511.251 & 4511.99(D)

Sanctions:

Criminal Sanction:

Imprisonment (Term): 1st offense (Minor Misdemeanor)-None; 2nd offense (within 1 year) (4th Degree Misdemeanor)-Not more than 30 days; Subsequent offense (within 1 year) (3rd Degree Misdemeanor)-Not more than 60 days. §§2929.21(A) & (B) and 4511.99(D)

Mandatory Minimum Term: None

Fine ($ Range): 1st offense (Minor Misdemeanor)-Not more than $100; 2nd offense (within 1 year) (4th Degree Misdemeanor)-Not more than $250; Subsequent offense (within 1 year) (3rd Degree Misdemeanor)-Not more than $500. §§2929.21(C) & (D) and 4511.99(D)

Other Criminal Actions Related to Speeding :

(continued)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension via a Point System §4507.021(G), (K) & (L)

Suspension via Court Action §4507.16(A)(1)(d)

Length of Term of

Licensing Withdrawal: Suspension via Point System-6 months §4507.021(K)

Suspension via Court Action-30 days to 3 years §4507.16(A)

Mandatory Action‑‑Minimum

Length of License

Withdrawal: Suspension via Point System-None. The offender may be placed on probation with conditions in lieu of suspension. §4507.021(N)

Suspension via Court Action-30 days. §4507.16(I) Note: A 30-day suspension appears to be mandatory.

Street Racing :

Other: Remedial Driving Instruction. §4507.022. Note: This course must be completed before driving privileges can be restored.

Reckless Driving 382 : Misdemeanor. §§4511.20, 4511.2071 & 4511.99(D)

Sanction:

Criminal:

Imprisonment (Term): 1st offense (Minor Misdemeanor)-None; 2nd offense (within 1 year) (4th Degree Misdemeanor)-Not more than 30 days; Subsequent offense (within 1 year) (3rd Degree Misdemeanor)-Not more than 60 days. §§2929.21(A) & (B) and 4511.99(D)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): 1st offense (Minor Misdemeanor)-Not more than $100; 2nd offense (within 1 year) (4th Degree Misdemeanor)-Not more than $250; Subsequent offense (within 1 year) (3rd Degree Misdemeanor)-Not more than $500. §§2929.21(C) & (D) and 4511.99(D)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System. §4507.021(G), (K) & (L)

Length of Term of License

Withdrawal Action: Suspension via Point System-6 months. §4507.021(K)

Mandatory Term of License

Withdrawal Action: Suspension via Point System-None. The offender may be

Other Criminal Actions Related to Speeding :

(continued)

placed on probation with conditions in lieu of suspension. §4507.021(N)

Other: I. If the appropriate signs are posted in a construction zone that indicate that increased sanctions are in effect and the offense occurs during hours of actual work w/in the zone, the fines for an offense committed in such zone are double the usual amount. §§4511.99(D)(3) & 4511.98

II. Remedial Driving Instruction. §4507.022. Note: This course must be completed before driving privileges can be restored.

Reasonable Contro8l 383 : Minor Misdemeanor. §§4511.202 & 4511.99(I)

Sanctions:

Criminal Sanction:

Imprisonment (Term): None

Mandatory Minimum Term:

Fine ($ Range): Not more than $100. §2929.21(D)

Mandatory Minimum Fine:

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension via a Point System. §4507.021(G), (K) & (L)

Length of Term of

Licensing Withdrawal: Suspension via Point System-6 months §4507.021(K)

Mandatory Action‑‑Minimum

Length of License

Withdrawal: Suspension via Point System-None. The offender may be placed on probation with conditions in lieu of suspension. §4507.021(N)

Other: Remedial Driving Instruction. §4507.022. Note: This course must be completed before driving privileges can be restored.

Commercial Motor Vehicle (CMV) Operator9s : 384

Grounds for Disqualification : A person is disqualified from operating a CMV if while driving such a vehicle he/she either (1) commits 2 "serious traffic violations10" 385 within a 3 - year period or (2) commits 3 such violations within a 3 - year period. §4506.16(B)(5) & (6)

Period of Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §4506.16(B)(5) & (6)

Period of Mandatory Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §4506.16(B)(5) & (6)


1 This speed limit only applies to motor vehicles weighing £ 8,000 lbs. empty weight and commercial busses. §4511.21(B)(12)

2 This speed limit applies within municipal corporations outside business districts but does not include controlled-access highways and expressways within municipal corporations or highways outside of municipal corporations. §4511.21(B)(3)

3 Except on state routes outside business districts, through highways outside business districts, and alleys §4511.21(B)(2)

4 Local governments must either request or obtain State approval for any speed limit changes on the streets or highways within their jurisdictions. §4511.21(H) & (J)

5 Point System: I. A person who accumulates not <12 points within a 2 year period from the date of the first conviction is subject to a 6 month license suspension. §4507.021(K). II. The following points have been assigned to speeding and speed related offenses: street racing-6 points; reckless driving-4 points; general speed limit violation-2 points; 1st violation of exceeding either the 55 or 65 MPH speed limits by driving >75 MPH-2 points; 2nd violation within 1 year of exceeding either the 55 or 65 MPH speed limits by driving >75 MPH-1 point for each increment of 5 MPH in excess of the posted speed limit excluding the first 5 MPH over the limit; and 3rd violation within 1 year of exceeding either the 55 or 65 MPH speed limits by driving >75 MPH-2 points for each increment of 5 MPH in excess of the posted speed limit excluding the first MPH over the limit. §4507.021(G)(9), (10), (12), (13), (14), (15) & (16)

6 "Street racing" is defined as "the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to out-distance each other or the operation of one or more vehicles over a common selected course, from the same point to the same point, wherein timing is made of the participating vehicles involving competitive accelerations or speeds." §4511.251

7 This section applies to the reckless operation of a vehicle on any public or private property other than streets or highways.

8 "No person shall operate a motor vehicle.... without being in reasonable control of the vehicle...." §4511.202

9 A 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 ³ 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. §4506.01(E)

10 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §4506.01(W)(1) & (2) & 49 CFR §383.5

JURISDICTION: OKLAHOMA

This chapter summarizes Oklahoma State statutes related to speed.

General Reference: Oklahoma Statutes Annotated and Oklahoma Administrative Code (OAC)

Basis for a Speed Law Violation :

Basic Speed Rule: A person shall drive a vehicle at a careful and prudent speed not greater than nor less than is reasonable and proper, having due regard to the traffic, surface and width of the highway (turnpike) and any other conditions then existing. Title 47, §11-801(A) & (D) and 11-1401(g)

Statutory Speed Limit: 75 MPH on the turnpike system and designated segments of the rural interstate system . T itle 47, §11-

See Other below. 801(B)(1)

70 MPH on 4 lane highways or "super two-lane" highways1 Title 47, §11-801(B)(2)

65 MPH on other highways Title 47, §11-801(B)(3)

55 MPH on a county road Title 47, §11-801(E)(1)

45 MPH in the State Capitol Park Area Title 47, §11-801(B)(6)

35 MPH in a State park or wildlife refuge Title 47, §11-801(B)(7)

25 MPH in a school zone on any highway outside of a municipality However, the Oklahoma Department of Transportation, based on engineering and traffic investigations, may establish school zone speed limits >25 MPH at specific locations. Title 47, §11-801(B)(5)

25 MPH, or an established alternative speed limit, through State schools which are located on State owned land adjoining or outside the limits of a corporate city or town. Title 47, §11-801(B)(6)

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State Transportation Commission may increase or decrease2 the above speed limits.3 Title 47, §§11-802 & 11-803(D)

Basis for a Speed Law Violation : II. The State Turnpike Authority has the authority to establish maximum speeds for trucks, buses and automobiles using turnpikes. Title 47, §11-1401(i)

III. Subject to certain limitations4 and based on

Basis for a Speed Law Violation : (continued)

engineering and traffic investigations, local governments may increase or decrease the maximum speed limits.5 Title 47, §11-803

IV. The State Transportation Commission and local governments have joint authority to alter speed limits within corporate limits on highways constructed with either State or Federal funds.6 Title 47, §11-803(D)

Minimum Speed Limit: I. No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. Title 47, §11-804(a)

II. A person driving at less than the normal speed of traffic shall drive in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway. Title 47, §11-301(B)

Posted (Minimum) Speed Limit: I. The State Transportation Commission may establish minimum speeds for controlled access highways. Title 47, §11-801(C)

II. The State Turnpike Authority has the authority to establish minimum speeds for trucks, buses and automobiles using turnpikes. Title 47, §11-1401(i)

III. Based on engineering and traffic investigations, the State Transportation Commission or local governments may, on highways under their respective jurisdictions, establish minimum speed limits on a highway. Title 47, §11-804(b)

Other: I. No person shall drive a school bus >65 MPH on turnpikes and the interstate highway system and >55 MPH on paved two-lane highways. Title 47, §11-801(B)(4)

II. Based on an investigation, either the State or a local government may establish a safe maximum speed limit for a bridge or other elevated structure. Title 47, §11-

806(a) & (b)

III. The State may post special speed limits on State or Federal highways under construction or repair. Title 47, §11-806(c)

IV. No person shall drive a vehicle equipped with either solid rubber or metal tires >10 MPH. Title 47, §11-801(B)(8)

V. Not person shall drive a motor-driven cycle7 or motor scooter8 >35 MPH. Title 47, §11-805

VI. Violations of the posted reduced speed limit in toll booth zones –fine doubled Title 47, § 11-806.2

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Misdemeanors. Title 47, §§11-102, 11-807(C), 11-1401(M) & 17-101(A)

Other:

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): I. For Statutory Speed Law Violations (Title 47, §11-801 (B) & (E) except for excessive speed (≥35 MPH) over the limit-None. For the exception-not more than 10 days to not more than 6 months , depending on whether it is a 1st, 2nd or 3rd offense. See Footnote No.9. Title 47, §11-801(F)

Term (Day, Month, Years,

Etc.): II. For Speed Law Violations (Title 47, §11-301(B) & 11-801 to 11-806) - 1st offense- Not more than 10 days; 2nd offense (within 1 year)- Not more than 20 days; 3rd or subsequent offense (within 1 year)-Not more than 6 months. Title 47, §§11-807(C) & §17-101(B)(1)

Mandatory Minimum Term: None

Fine:

Amount ($ Range): I. For Statutory Speed Law Violations9 (Title 47, §§11- 801 to 11-807)-$10 to $205. Title 47, §§11-807(C) & 11-1401(M)

II. For Speed Law Violations (Title 47, §11-301(b), 11-309(3) & 11-801 to 11-806)- 1st and subsequent offense-$5 to $500. Title 47, §17-101(B)

Mandatory Min. Fine ($): The stated fines appear to be mandatory.

Other Penalties:

Traffic School: Driver Improvement or Defensive Driving Course. Title 47, §6-206.1 & OAC 595:10-7-10. Note: An offender can reduce the number points on his/her driving record by taking this course. OAC 595:10-7-10

Sanctions Following an Adjudication of a Speed Law Violation :

(continued)

Other: Violators of Title 47 §11-1401(H) (speeding on a turnpike) are guilty of a misdemeanor and are subject to a fine of $10-$200 and/or jail for 5 to 30 days. Title 47 §11-1401(M)

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension.10 Title 47, §6-206(B)

Term of License Withdrawal

(Days, Months, Years, etc.): Not more than 1 year. Title 47, §6-208

Mandatory Minimum Term of

Withdrawal: Limited.

Miscellaneous Sanctions

Not Included Elsewhere: N/A

Other Criminal Actions Related to Speeding :

Racing on Highway : Note: State law does not provide for the offense of racing on the highway. However, the State code does authorize local governments to enact ordinances or promulgate regulations that prohibit such conduct. Title 11, §22-117(A)

Sanctions:

Criminal Sanction:

Imprisonment (Term):

Mandatory Minimum Term:

Fine ($ Range):

Mandatory Minimum Fine:

Administrative Licensing Action:

Licensing Authorized and

Type of Action:

Length of Term of

Licensing Withdrawal:

Mandatory Action‑‑Minimum

Length of License Withdrawal:

Other Criminal Actions Related to Speeding :

(continued)

Other:

Reckless Driving : Misdemeanor. Title 47, §§11-102, 11-901(A) & 17-

Sanction: 101(A)

Criminal:

Imprisonment (Term): 1st offense-5 days to 90 days; Subsequent offense-10 days to 6 months. Title 47, §11-901(B)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): 1st offense-$250 to $500; Subsequent offense-$300 to $1,000 Title 47, §11-901(B)

Mandatory Minimum Fine: 1st offense-$100; Subsequent offense-$150

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension. Title 47, §6-206(B)

Length of Term of License

Withdrawal Action: Not more than 1 year. Title 47, §6-208

Mandatory Term of License

Withdrawal Action: Limited.

Other: Driver Improvement or Defensive Driving Course. Title 47, §6-206.1 & OAC 595:10-7-10 Note: An offender can reduce the number points on his/her driving record by taking this course. OAC 595:10-7-10

An additional penalty of $15 is assessed to benefit the Public Safety Vehicle Revolving Fund. Title 20

Commercial Motor Vehicle (CMV) Operators11 : §1313.5

Grounds for Disqualification : A person is disqualified from operating a CMV if while driving such a vehicle he/she either (1) commits 2 "serious traffic violations"12 within a 3 - year period or (2) commits 3 such violations within a 3 - year period. Title 47, §6-205.2(F)

Period of Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. Title 47, §6-205.2(F)

Period of Mandatory Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. Title 47, §6-205.2(F)


1 A "super two-lane highway" means a 2 lane highway "with designated passing lanes, and consisting of paved shoulders not less than eight (8) feet in width." Title 47, §11-801(B)(2)

2 On interstate highways within corporate limits, the speed limit cannot be decreased to less than 60 MPH. Title 47, §11-803(D)

3 Under separate provisions of law, the State Transportation Commission may establish maximum speeds for controlled access highways. Title 47, §11-801(C)

4 The speed limit inside an urban district can be increased to no more than 65 MPH. The speed limit outside an urban district can be decreased to not less than 30 MPH. Title 47, §11-803(A)(2) & (3)

5 Under separate provisions law, county boards may establish speed limits > or <55 MPH for county roads. Title 47, §11-801(E)(1)(A)

6 However, a local government cannot establish a speed limit that is "substantially lower than those justified by the highway design, capacity, and traffic volume as determined by engineering studies." Title 47, §11-803(D)

7 A "motor-driven cycle" is a bicycle with a motor attached. Title 47, §11-805

8 This limit applies to "motor scooters" with a wheel diameter of £ 12 inches as "measured from one side of the rim to the other." Title 47, §11-805

9 394 For a violation of the Statutory Speed Limits, Title 47, §11-801(B) & (E), a person is subject to the following sanctions: (1) 1 to 10 MPH over the limit-a $10 fine; (2) 11 to 15 MPH over the limit-a $20 fine; (3) 16 to 20 MPH over the limit-a $35; (4) 21 to 25 MPH over the limit-a $75 fine; (5) 26 to 30 MPH over the limit-a $135 fine; (6) 31to 35 MPH over the limit-a $155 fine; and, (7) 36 MPH or more over the limit-a $205 fine and/or the following imprisonment sanctions: 1st offense-not more than 10 days; 2nd offense (within 1 year)-not more than 20 days; 3rd or subsequent offense (within 1 year)-not more than 6 months. Title 47 §11-801(F). These fine sanctions may be mandatory given the wording in Title 47, §11-801(F).

10 Point System: The licensing agency usually takes suspension action based upon a point system. I. Under this system, an offender's license is suspended when he/she accumulates 10 or more points. Suspension periods are determined by the number of prior suspensions as follows: a 1st suspension is for 1 month; a 2nd suspension is for 3 months; a 3rd suspension is for 6 months (mandatory); and a 4th or subsequent suspension is for 12 months (mandatory). OAC 595:10-7-6. II. The following points have been assigned to speeding and speed related violations: reckless driving-4 points; speeding >25 MPH over the speed limit-3 points; careless driving (Note: This is not listed as an offense under State statutory law.)-2 points; speeding-2 points; contest racing on the highway (Note: This is not listed as an offense under State statutory law.)-2 points; speeding in excess of the posted maximum speed limit-2 points; driving less than the minimum posted speed limit-2 points; speeding in a school zone-2 points; radar checked speed violation-2 points; airplane checked speed violation-2 points; Vascar-2 points; negligent driving (Note: This is not listed as an offense under State statutory law.)-1 point; operating a motor vehicle at a speed greater than or less than is reasonable or proper-1 point; and impeding traffic and <40 MPH-1 point. OAC 595:10-7-2

11 A 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 ³ 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. Title 47, §§1-107.1, 1-107.2 & 1-107.3

12 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. Title 47, §6-205.2(F)(1) & (2)

JURISDICTION: OREGON

This chapter summarizes Oregon State statutes related to speed.

General Reference: Oregon Revised Statutes and Oregon Administrative Rules (OAR)

Basis for a Speed Law Violation :

Basic Speed Rule: A person commits an offense if he/she drives a vehicle at a speed greater than is reasonable and prudent, having due regard to all of the following: the traffic; the surface and width of the highway; the hazard at intersections; weather; visibility; and, other conditions then existing.1 §811.100(1)

Statutory Speed Limit: It is prima facie evidence of a violation of the basic speed rule to exceed the following speed limits (§811.100(2)(c)):

See Other below. A) 65 MPH on rural interstate highways §§811.105(2)(f), 811.112(1) & 811.123(1)(f)

B) 55 MPH on other highways §811.105(2)(g) & 811.123(1)(g)

C) 25 MPH in a public park §811.105(2)(d) & 811.123(1)(d)

D) 25 MPH in a residential district if the district is not located within a city or urban growth boundary that is a county with a population >100,000 and the highway is neither an arterial nor a collector highway §§811.105(2)(e) & 811.123(1)(e)

E) 25 MPH on the ocean shore §811.120(1)(b)

F) 20 MPH in a school zone2 §811.105(2)(c) & 811.123(1)(c)

G) 20 MPH in a business district §811.105(2)(b) & 811.123(1)(b)

H) 15 MPH in an alley §811.105(2)(a) & 811.123(1)(a)

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State Department of Transportation may increase or decrease the above prima facie speed limits on highways outside an urban area. §810.180(7)3

II. The State Department of Transportation may "supersede" the maximum statutory speed limits

(§811.123) for highways in an urban area where such speed limits are not reasonable or safe. §810.180(10)

Minimum Speed Limit: I. No person shall impede the normal and reasonable

Basis for a Speed Law Violation : (continued)

movement of traffic. §811.130(1)

II. A person driving at less than the normal speed of traffic shall drive in the right-hand lane available for traffic or as close as practicable to the right-hand curb or edge of the roadway. §811.315(1)

Posted (Minimum) Speed Limit: N/A

Other: I. A person shall not operate certain trucks or busses at a speed >55 MPH.4 §811.115

II. A person cannot operate a “motor-assisted scooter” on a highway with a speed limit >25 MPH unless such scooter is being operated in a bicycle lane or is crossing the highway. §814.518

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: All Speed Law Offense are Traffic Violations. §§801.557 & 811.100

Other:

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): None. §153.018(1)

Mandatory Minimum Term:

Fine:

Amount ($ Range): Basic Speed Rule & Exceeding the Maximum/Posted Speed Limits or Maximum Speed limits for Certain Trucks or Busses-Class A to D Traffic Violations-Varying fines from not more than $75 to not more than $600.5 §§153.018(2), 811.100(3), 811.109 & 811.115

Impeding Traffic & Motor Scooter Violations -Class D Traffic Violations-Not more than $75. §§ 153.018(2), 811.130(5) & 814.518

Driving at Less Than the Normal Speed of Traffic and Not Driving in the Right Lane -Class B Traffic Violations-Not more than $300. §§ 153.018(2) & 811.315(3)

Mandatory Min. Fine ($): None

Sanctions Following an Adjudication of a Speed Law Violation :

(continued)

Other Penalties:

Traffic School: A defensive driving course may be required. §809.270(1)

Other: School & Work Zones: If the traffic violation occurred in either a school or work zone, the minimum fine before assessments is 80% of the maximum fine established for the violation. §§153.131, 811.230 & 811.235

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension via the Driver Improvement Program.6 §809.480

Term of License Withdrawal

(Days, Months, Years, etc.): 30 days under Step Four of the Driver Improvement Program.

Mandatory Minimum Term of

Withdrawal: 30 days under Step Four of the Driver Improvement Program.

Miscellaneous Sanctions

Not Included Elsewhere: There is also a Unitary Assessment of $35 and a County Assessment of between $5 and $59. §§137.290(1)(d) & 137.309

Speed Racing on Highway : Class A Traffic Violation. §§801.557 and 811.125(1) & (2)

Sanctions:

Criminal Sanction:

Imprisonment (Term): None. §153.018(1)

Mandatory Minimum Term:

Fine ($ Range): Not more than $600. §153.018(2)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension via the Driver Improvement Program.

Length of Term of

Licensing Withdrawal: 30 days under Step Four of the Driver Improvement Program.

Mandatory Action‑‑Minimum

Length of License

Withdrawal: 30 days under Step Four of the Driver Improvement Program.

I. An offender may be required to complete a defensive driving course. §809.270(1)

II. See School & Work Zones.

III. There is also a Unitary Assessment of $35 and a County Assessment of between $5 and $59. §§137.290(1)(d) & 137.309

Other: I. A court may impose a suspension of driving privileges for up to 30 days if a person exceeds a speed limit by more than 30 miles per hour and the person has received at least one prior speeding conviction within 12 months of the date of the current offense. § 811.109(4)

II. If a person drives 100 miles per hour or greater, a court shall impose the following:{in lieu of a punishment otherwise imposed}- a fine of $1,000; and a suspension of driving privileges for not less than 30 days nor more than 90 days.    § 811.109(5)

Reckless Driving7 : Class A Misdemeanor. §811.140(1) & (3)

Sanction:

Criminal:

Imprisonment (Term): Not more than 1 year. §161.615(1)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): Not more than $5,000. §161.635(1)(a)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension. §809.410(6)

Length of Term of License

Withdrawal Action: 1st offense-90 days; 2nd offense (within 5 years)-1 year; Subsequent offense (within 5 years)-3 years. §809.420(1)

Mandatory Term of License

Withdrawal Action: 1st offense-90 days; 2nd offense (within 5 years)-1

year; Subsequent offense (within 5 years)-3 years. §§809.410(6) & 809.420(1)

Other: I. An offender may be required to complete a defensive driving course. §809.270(1)

II. Incarceration & Medical Costs: A city or county may seek reimbursement from an offender for the costs

Reckless Driving of medical care and incarceration. §§169.150 &

(continued) 169.151

III. School & Work Zones8: If the offense occurred in either a school or work zone, the minimum fine is 20% of the maximum fine for the offense. §§811.230 & 211.235

IV. There is also a Unitary Assessment of $65 and a County Assessment of between $5 and $59. §§137.290(1)(b) & 137.309

 

Careless Driving9 : Class B Traffic Violation.10 §§801.557 and 811.135(1) & (2)

Sanction:

Criminal:

Imprisonment (Term): None. §153.018(1)

Mandatory Minimum Term

of Imprisonment:

Fine ($ Range): Not more than $300. §153.018(2)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via the Driver Improvement Program.

Length of Term of License

Withdrawal Action: 30 days under Step Four of the Driver Improvement Program.

Mandatory Term of License

Withdrawal Action: 30 days under Step Four of the Driver Improvement Program.

Other: I. An offender may be required to complete a defensive

driving course. §809.270(1)

II. See School & Work Zones on page 204.

III. There is also a Unitary Assessment of $35 and a County Assessment of between $5 and $59. §§137.290(1)(d) & 137.309

Commercial Motor Vehicle (CMV) Operators11 :

Grounds for Suspension : A person's CDL is suspended, if while driving a CMV, he/she either (1) commits 2 "serious traffic violations"12 within a 3-year period or (2) commits 3 such violations within a 3-year period. §809.410(29) & (30)

Period of Suspension : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §809.410(29) & (30)

Period of Mandatory Suspension : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §809.410(29) & (30)


1 The basic speed rule does not authorize speed limits in excess of the maximum speed limits. §811.108

2 This speed limit only applies when "children are present" or a flashing light indicates that children may be arriving or leaving a school. §§811.105(2)(c)(A) & (B) and 811.123(1)(c)(A) & (B) "[C]hildren are present at any time and on any day when children are in a place where they are or can reasonably be expected to be visible to a person operating a motor vehicle that is passing a school ground or a school crosswalk." §811.124

3 Under other provisions, the State Department of Transportation may designate a safe speed on the highways by regulation. This authority may be delegated to local governments for low volume highways or roads which are not hard surfaced. §810.180(8)(a)

4 This speed limit applies to trucks weighing ³ 8,000 lbs, school buses, school activity vehicles, worker transport buses, buses used to transport children on a church function and vehicles used by a non-profit organization to transport persons. §811.115

5 I. For exceeding the maximum or posted speed limit on highways with a speed limit of <65 MPH, the following fine sanctions are imposed: 1 to 10 MPH over the speed limit (Class D Traffic Violation)-not more than $75; 11 to 20 MPH over the speed limit (Class C Traffic Violation)-not more than $150; 21 to 30 MPH over the speed limit (Class B Traffic Violation)-not more than $300; and, >30 MPH over the speed limit (Class A Traffic Violation)-not more than $600. §§153.018(2) & 811.109(1). II. For exceeding the maximum or posted speed limit on highways with a speed limit of >65 MPH, the following fine sanctions are imposed: exceeding 65 but <75 MPH (Class C Traffic Violation)-not more than $150; exceeding 75 MPH but <85 MPH (Class B Traffic Violation)-not more than $300; and, exceeding 85 MPH (Class A Traffic Violation)-not more than $600. §§153.018(2) & 811.109(2)

6 Driver Improvement Program: Step One: An offender is mailed an "advisory letter" if he/she commits 2 traffic offenses within 12 months. This letter informs the offender of his/her driving problems. Step Two: If (1) an offender has committed 1 or 2 traffic offenses within 6 or 12 months respectively of date of the advisory letter or (2) he/she has committed 3 traffic offenses within 18 months, he/she is mailed a "warning letter." This letter notifies the offender of the possible consequences any more traffic offenses are committed. Step Three: If (1) offender has committed 1 or 2 traffic offenses within 6 or 12 months respectively of date of the warning letter or (2) he/she has committed 4 traffic offenses within 18 months, he/she is subject to a driver improvement interview. During this interview, the licensing agency prescribes a program for driver improvement, places the offender on probation for 1 year and place restrictions on the offender's driving privileges. Step Four: If an offender commits a traffic offense during the 1-year probationary period, he/she is subject to a 30-day suspension. Note: This suspension appears to be mandatory. OAR 735-72-0030 & 735-72-0130

7 The same sanctions, criminal and administrative, that apply for "reckless driving" also apply to the offense of "reckless endangerment of highway workers." This offense consists of driving a motor vehicle in a "work zone in such a manner as to endanger persons or property." §§809.410(36) & 811.231

8 A school zone speed limit of 20 MPH applies on roads adjacent to a school between the hours of 7:00 a.m. and 5:00 p.m. on school days, or when yellow lights are flashing. At crosswalks marked as school zones, the limits apply either when yellow lights are flashing or when children are present--meaning that children are in the crosswalk, waiting on the curb or shoulder, or that a traffic patrol member is present to assist children (§811.124).

9 A person commits this offense if he/she operates a vehicle "in a manner that endangers or would be likely to endanger any person or property." §811.135(1)

10 If the offense contributed to an accident, it is a Class A Traffic Violation. §§801.550 & 811.135(2). The sanction for this offense is a fine of not more than $600. §153.018(1) & (2)

11 A 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 has a gross vehicle weight of ³ 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials. §801.2089(1)(b), (c) & (d)

12 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §801.477(1), (2) & (3)

JURISDICTION: PENNSYLVANIA

This chapter summarizes Pennsylvania State statutes related to speed.

General Reference: Pennsylvania Statutes Annotated

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 then existing. Title 75, §3361

Statutory Speed Limit: 65 MPH on certain interstate highways and freeways1 Title 75,

See Other below. §3362(a)(1.1)

55 MPH on other highways Title 75, §3362(a)(2)

35 MPH in urban districts Title 75, §3362(a)(1)

25 MPH in residential districts Title 75, §3365(a)(1.2)

15 MPH in a school zone Title 75, §3365(b)

Posted (Maximum) Speed Limit: Based on engineering and traffic investigations, the State or a local government may increase or decrease the above speed limits on the highways under their jurisdictions.2 Such speed limits "may vary for different weather conditions and other factors bearing on safe speeds." Title 75, §3363. Note: Pennsylvania law does not specifically state whether different highway speed limits may be established for different types of vehicles or for different times of the day.

Minimum Speed Limit: I. No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic, and, if so driving on a 2-lane road, must pull off the road onto the berm or shoulder to let other traffic pass. Title 75, §3364(a) & (b)

II. A person driving at less than the normal speed of traffic shall drive in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway3. Title 75, §3301(b)

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State or a local government may establish minimum

speed limits on the highways under their jurisdictions. Title 75, §3364(c). Note: via signs, specified lanes may be designated for specified types of traffic (e.g. slow-moving vehicles). Title 75, §3309(3)

Basis for a Speed Law Violation :

(continued)

Other: I. Based on engineering and traffic investigations, the State or a local government may establish maximum safe speed limits for bridges and elevated structures under their jurisdictions. Title 75, §3365(a)

II. Based on engineering and traffic investigations, the State or a local government may establish a maximum safe speed for certain heavy vehicles when traveling upon certain hazardous grades. Title 75, §3365(c)

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Summary Offenses. Title 75, §§3362(c), 3365(d) & 6502(a)

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years, Etc.): None

Mandatory Minimum Term:

Fine:

Amount ($ Range): Except for the Offenses Indicted-$254 Title 75, §6502(a)

Exceeding the Maximum or Posted Maximum Speed Limit -I. $42.50 for exceeding 65 MPH.5 II. $35 for other speeding violations. Title 75, §3362(c)(i) & (ii)

Exceeding the Maximum Speed Limit for Bridges, School Zones & Hazardous Grades -$35. Title 75, §3365(d)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: For either a 1st or 2nd accumulation of 6 points on their driving record, an offender shall either be required to attend Drive Improvement School or undergo a driver license examination. Title 75, §§1538(a) & 1549(a)

Other: Surcharges: For exceeding the maximum or posted maximum speed limit and other speed violations, an offender is assessed mandatory surcharges from $30 to $50.6 Title 75, §6506(a)(1) & (4)

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System.7 Title 75, §§1535,

Sanctions Following an Adjudication of a Speed Law Violation :

(continued)

1538 & 1539

Term of License Withdrawal

(Days, Months, Years, etc.): Not more than 1 year. Title 75, §1539

Mandatory Minimum Term of

Withdrawal: None. An offender is eligible for an occupational limited license. Title 75, §1553

Miscellaneous Sanctions

Not Included Elsewhere: Work Zones: For a violation of either the Basic Speed Rule (Title 75, §3361) or Maximum or Posted Maximum Speed Limits (Title 75, §3362) in a construction or maintenance area manned by workers acting in their official capacities and the zone is posted, the fines are double the usual amount. Title 75, §3326(c) & (c.1). Violators are also subject to a 15 day suspension. Title 75, §1535(e)

Excessive Speeding: An offender who has been

convicted of exceeding the maximum or posted maximum speed limit by ³ 31 MPH is subject to one or more of the following sanctions: (1) driver improvement school; (2) license examination or (3) license suspension for £ 15 days. Title 75, §1538(d)

Other Criminal Actions Related to Speeding :

Racing on Highway : Summary Offense. Title 75, §3367(b) & (d)

Sanctions:

Criminal Sanction:

Imprisonment (Term): 1st offense-None; Subsequent offense-Not more than 6 months. Title 75, §6503

Mandatory Minimum Term: None

Fine ($ Range): 1st offense-$200; Title 75, §3367(d) Subsequent offense-$200 to $1,000. Title 75, §6503

Criminal Actions Related to Speeding :

(continued)

Mandatory Minimum Fine: None Administrative Licensing Action: See Junior Drivers .

Type of Licensing Action:

(Susp/Rev): Suspension. Title 75, §1532(b)

Length of Term of

Licensing Withdrawal: 6 months. Title 75, §1532(b)

Mandatory Action‑‑Minimum

Length of License

Withdrawal: 6 months. Title 75, §1532(b) Note: An offender is not eligible for occupational driving privileges. Title 75, §1553(d)(11)

Other: Surcharge: An offender is assessed a mandatory surcharge of $30. Title 75, §6505(a)(1)

Reckless Driving : Summary Offense. Title 75, §3736(a) & (b)

Sanction:

Criminal:

Imprisonment (Term): None

Mandatory Minimum Term

of Imprisonment:

Fine ($ Range): $200. Title 75, §3736(b)

Mandatory Minimum Fine: None

Administrative Licensing Actions: See Junior Drivers .

Type of Licensing Action

(Susp/Rev): Suspension. Title 75, §1532(b)

Length of Term of License

Withdrawal Action: 6 months. Title 75, §1532(b)

Mandatory Term of License

Withdrawal Action: 6 months. Title 75, §1532(b) Note: An offender is not eligible for occupational driving privileges. Title 75, §1553(d)(11)

Other: Surcharge: An offender is assessed a mandatory

surcharge of $30. Title 75, §6505(a)(1)

Work Zones: For a reckless driving offense committed in a construction or maintenance area manned by workers acting in their official capacity and the zone is posted, the fines are double the usual amount. Title 75, §3326(c)

Careless Drivin8g 417 : Summary Offense. Title 75, §3714

Sanction:

Criminal:

Imprisonment (Term): None

Mandatory Minimum Term

of Imprisonment:

Fine ($ Range): $25. Title 75, §6502

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System. Title 75, §§1535, 1538 & 1539

Length of Term of License

Withdrawal Action: 55 days to 1 year. Title 75, §1539

Mandatory Term of License

Withdrawal Action: None. An offender is eligible for an occupational limited license. Title 75, §1553

Other: Surcharge: An offender is assessed a mandatory surcharge of $30. Title 75, §6505(a)(1)

Work Zones: For a careless driving offense committed in a posted construction or maintenance area manned by workers acting in their official capacities, the fines are double the usual amount. Title 75, §3326(c)

Commercial Motor Vehicle (CMV) Operator9s 418 :

Grounds for Disqualification : A person is disqualified from operating a CMV if while driving such a vehicle he/she either (1) commits 2 "serious traffic violations 41910 " within a 3-year period or (2) commits 3 such violations within a 3-year period. Title 75, §1611(g)

Period of Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. Title 75, §1611(g)

Period of Mandatory Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. Title 75, §1611(g)


1 Likewise, the maximum speed limit on the Pennsylvania Turnpike is 55 MPH unless a maximum speed limit of 65 MPH has been posted. Title 75, §6610(a)

2 However, a maximum speed limit so established cannot exceed (1) the statutory 65 MPH speed limit for certain interstate highways and freeways or (2) 55 MPH for other highways. Title 75, §3363

3 On limited access highways where at least two lanes of traffic are moving in the same direction, all vehicles shall remain in the right hand lane except when passing or overtaking another vehicle, traveling at a speed greater than the traffic flow, moving to the left to merge, or preparing to make a left turn. Title 75, , §3313(d)(1)

4 This fine applies to violations of the Basic Speed Rule, the Minimum Speed Rule, the Posted Minimum Speed Limits, and Turnpike Regulations.

5 Plus an additional $2 for every MPH in excess of 5 MPH over the speed limit. Title 75, §§3362(c)(2) & 3365(d)

6 A surcharge of $30 is assessed for exceeding the speed limit by either 6 to 10 MPH or 11 to 15 MPH. A surcharge of $40 is assessed for exceeding the speed limit by 16 to 25 MPH. A surcharge of $50 is assessed for exceeding the speed limit by ³ 26 MPH. Title 75, §6506(a)(4)(i), (ii) & (iii)

7 Point System: I. When an offender's point accumulation is reduced below 6 and he/she again accumulates 6 points for the second time, he/she is subject to a suspension of £ 15 days. Title 75, §1538(b)(iii). II. When an offender's point accumulation is reduced below 6 and he/she again accumulates 6 points for the third time, he/she is subject to a suspension of £ 30 days. Title 75, §1538(c). III. When an offender has accumulated 11 points or more, he/she is subject to license suspension as follows: 1st suspension- 5 days suspension for each point; 2nd suspension-10 days suspension for each point; 3rd suspension-15 days suspension for each point; subsequent suspension- 1 year. Title 75, §1539(a) & (b). IV. The following points have been assigned to speeding and speed related violations: basic speed rule violation-2 points; careless driving-3 points; exceeding the maximum or posted maximum speed limit by 6 to 10 MPH-2 points; exceeding the maximum or posted maximum speed limit by 11 to 15 MPH-3 points; exceeding the maximum or posted maximum speed limit by 16 to 25 MPH-4 points; exceeding the maximum or posted maximum speed limit by 26 to 30 MPH-5 points; and, exceeding the maximum or posted maximum speed limit by 31 MPH-5 points. Title 75, §1535(a). Note: The point schedule does not include points for driving less than the normal speed of traffic and not driving in the right lane.

Drivers Under 18 Years Old: A driver <18 years old is subject to the following additional license suspensions if he/she either (1) drives ³ 26 MPH over the posted speed limit or (2) accumulates 6 or more points before reaching 18 years old. A 1st suspension is for 90 days and any subsequent suspension is for 120 days. Suspensions “shall be imposed consecutively to each other and to any other suspension.” In addition, a suspension “shall be considered a subsequent suspension even if it is imposed contemporaneously with a first suspension” under this section. Title 75, §1538(e)

Junior Drivers: Under separate provisions of law, “junior drivers” (a licensee 16 or 17 yrs old) are subject to a suspension of their driving privileges until they are 18 years old or for a period not to exceed 90 days if they are convicted of any violation of Title 75. This licensing action is in addition to any other licensing action. Title 75, §1503(c)(3)

8 "Careless driving" is defined as driving "a vehicle in careless disregard for the safety or persons or property." Title 75, §3714

9 A 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 ³ 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials that requires that the vehicle be placarded in accordance State regulations. Title 75, §1603

10 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. Title 75, §1603 & 49 CFR §383.5

JURISDICTION: RHODE ISLAND

This chapter summarizes Rhode Island State statutes related to speed.

General Reference: General Laws of Rhode Island and Code of Rhode Island Rules (CRIR)

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 then existing.1 §§31-14-1 & 31-14-3

Statutory Speed Limit: Speed in excess of the following limits is considered prima facie evidence that such speed was not reasonable or prudent §31-14-2(a)

See Other below.

50 MPH during the daytime2 in all other location not noted below §31-14-2(a)(2)

45 MPH during the nighttime in other locations not noted below §31-14-2(a)(3)

25 MPH in a business or residential district §31-14-2(a)(1)

20 MPH in a school zone3 §31-14-2(a)(4)

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State Traffic Commission may increase or decrease the prima facie speed limits. §§31-14-4 & 31-14-4.1. Note: Rhode Island law does not specifically state whether different highway speed limits may be established for different types of vehicles, for various weather conditions or for different times of the day.

II. Based on engineering and traffic investigations, a local government may decrease the prima facie speed limits on streets in a business or residential district under its jurisdiction. §31-14-5

III. A local government may increase the prima facie speed limits on through highways and other highways with limited intersections.4 §31-14-6

IV. Based on engineering and traffic investigations, a local government may decrease the prima facie speed

limits5 on streets outside a business or residential district under its jurisdiction §31-14-7

V. Based on an investigation, the State Traffic

Basis for a Speed Law Violation : (continued) Commission may establish safe maximum speed limits for bridges and other elevated structures. §31-14-12(b)

 

Note: The State Traffic Commission must approve speed limit alterations by local governments on State highways. §31-14-8

Minimum Speed Limit: I. No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic.§31-14-9(a)

II. A person driving at less than the normal speed of traffic shall drive in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway. §31-15-2

Posted (Minimum) Speed Limit: N/A

Other: I. No person shall drive a vehicle equipped with solid rubber or cushion tires >10 MPH. §31-14-11

II. The State or a local government may establish "temporary traffic control zones" on highways that are undergoing construction or maintenance. §31-14-12.1

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Civil Violations.6 §31-27-13(a)

Other: N/A

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): None. §§31-27-13(a) & 31-41.1-6(c)

Mandatory Minimum Term:

Fine:

Amount ($ Range): As per the Violation Fine Schedule7 §31-41.1-4(a) & (b)

Sanctions Following an Adjudication of a Speed Law Violation :

(continued)

Mandatory Min. Fine ($): As per the Violation Fine Schedule §31-41.1-4(a) & (b)

Other Penalties:

Traffic School: Rehabilitative Driving Course: The court may order an offender to attend a Rehabilitative Driving Course. §31-41.1-6(d)

Other: (continued) School Bus Operators: Privileges to operate a school bus are suspended for up to 5 years if the operator is convicted of a criminal "motor vehicle driving offense" while driving any vehicle. §31-10.3-31(j)

Work Zones: Fines, penalties & costs are double for a speed violation for exceeding the posted limit in a posted “temporary traffic control zone” (construction or maintenance zones). §31-14-12.1(b)

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension or Revocation via a Point System. 8 §31-11-7(a) (1)

Term of License Withdrawal

(Days, Months, Years, etc.): I. Point System: Suspension-Not more than 1 year. §31-11-7(a)(2) Revocation- Indeterminate. Note: The law does not provide for a general period of maximum revocation.

II. Under separate statutory provisions, the court may suspend a person's license as follows: Speeds £ 10 MPH over the speed limit- Suspension for not more than 30 days §31-41.1-4(b)(i); Speeds >11 MPH over the speed limit- Suspension for not more than 60 days. §31-41.1-4(b)(2)

Mandatory Minimum Term of

Withdrawal: I. Point System: Suspension-10 or 30 days. Revocation -A revocation, if required, appears to be mandatory. However, the law provides for no maximum period of such mandatory revocation.

II. License suspensions via the court are not mandatory. §31-41.1-4 (b)(1) & (2)

Miscellaneous Sanctions

Not Included Elsewhere: EMS Special Assessment: In addition to any fine, an offender must be assessed $1. §31-27-18. Note: These funds are deposited into the general State fund and do not appear to be obligated for EMS functions.

Other Criminal Actions Related to Speeding :

Reckless Driving or Drag Racing9 : 1st offense-Misdemeanor; Subsequent offense-Felony. §31-27-4(a)

Sanctions:

Criminal Sanction:

Imprisonment (Term): 1st offense-Not more than 1 year §31-27-13(c); Subsequent offense-1 to 5 years. §31-27-14

Mandatory Minimum Term: None

Fine ($ Range): 1st offense-Not more than $500 §31-27-13(c); Subsequent offense-Not more than $5,000. §31-27-14

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Point System-Suspension or Revocation. §31-11-7

Three (3) Reckless Driving Offenses (within 1 year)-Revocation.10 §31-11-6(7)

Length of Term of

Licensing Withdrawal: Point System-Not more than 1 year. §31-11-7 Revocation-Indeterminate. Note: The law does not provide for a general period of maximum revocation.

Three (3) Reckless Driving Offenses (within 1 year)-3 years. §31-11-6(7)

Mandatory Action‑‑Minimum

Length of License Withdrawal: Point System- Suspension-10 or 30 days. Revocation- A revocation, if required, appears to be mandatory. However, the law provides for no maximum period of such mandatory revocation.

Three (3) Reckless Driving Offenses (within 1 year)-3 years. 10 §31-11-6(7)

Other: I. If revocation is mandatory, the registrations of any vehicles owned by the offender shall be suspended. §31-

32-4

II. EMS Special Assessment: In addition to any fine, an offender must be assessed $1. §31-27-18. Note: These funds are deposited into the general State fund and do not appear to be obligated for EMS functions.

III. School Bus Operators: Privileges to operate a school bus are suspended for up to 5 yrs if the operator is convicted of a criminal "motor vehicle driving offense" while driving any vehicle. §31-10.3-31(j)

Driving as to Endanger11 : Felony. §§11-1-2, 31-27-1 & 31-27-1.1

Sanction:

Other Criminal Actions Related to Speeding :

(continued)

Criminal:

Imprisonment (Term): Death Related Offense-Not more than 10 years. §31-27-1(b)

Injury Related Offense -Not more than 5 years. §31-27-1.1(c)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): None

Mandatory Minimum Fine: N/A

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Revocation §31-11-6

Length of Term of License

Withdrawal Action: Death-related-3 years §31-11-6(1); Injury-related-18 months. §31-11-6(4)

Mandatory Term of License

Withdrawal Action: Death-related-3 years §31-11-6(1); Injury-related-18 months. §31-11-6(4)

Other: I. If revocation is mandatory, the registrations of any vehicles owned by the offender shall be suspended §31-32-4(a)

II. EMS Special Assessment: In addition to any fine, an offender must be assessed $1. §31-27-18. Note: These funds are deposited into the general State fund and, therefore, do not appear to be obligated for EMS functions.

III. School Bus Operators: Privileges to operate a school bus are suspended for up to 5 yrs if the operator is convicted of a criminal "motor vehicle driving offense" while driving any vehicle. §31-10.3-31(j)

Aggressive Driving12 : Civil Violation. §§31-27-13 (b) & 31-27.1-1 et seq.

Important: “The lesser included offenses which, in total may constitute aggressive driving, may be prosecuted separately.” §31-27.1-4(b)

Sanction:

Criminal:

Imprisonment (Term): None

Mandatory Minimum Term

of Imprisonment:

Other Criminal Actions Related to Speeding:

(continued)

Fine ($ Range): $260 to $500. §31-27.1-4(a)

Mandatory Minimum Fine:

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): 1st offense-Suspension.13 §31-27.1-4(a)

Length of Term of License

Withdrawal Action: 1st offense-A minimum of 30 days. §31-27.1-4

Mandatory Term of License

Withdrawal Action: None. Licensing action is discretionary. §31-27.1-4

Other: I. 1st offenders may be required to attend an educational program that is designed to improve the safety and habits of drivers. §31-27.1-44

II. EMS Special Assessment: In addition to any fine, an offender must be assessed $1. §31-27-18. Note: These funds are deposited into the general State fund and do not appear to be obligated for EMS functions

III. School Bus Operators: Privileges to operate a school bus are suspended for up to 5 yrs if the operator is convicted of a criminal "motor vehicle driving offense" while driving any vehicle. §31-10.3-31(j).

Commercial Motor Vehicle (CMV) Operators14 :

Grounds for Suspension : A person’s CDL is suspended if while operating a CMV he/she either (1) commits 2 "serious traffic violations"15 within a 3-year period or (2) commits 3 such violations within a 3-year period. §31-10.3-31(a)(6)

Period of Suspension : 2 serious violations (within 3 years)-Not less than 60 days; 3 serious violations (within 3 years)-Not less than 120 days. §31-10.3-31(a)(6)

Period of Mandatory Suspension : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §31-10.3-31(a)(6)


1 Under other provisions of law, a person is also required to exercise due care to avoid colliding with pedestrians or human powered vehicles. §31-18-8

2 "Daytime means from a half hour before sunrise to half hour after sunset. Nighttime means at any other hour." §31-14-2(b)

3 This speed limit only applies within 300 feet of school grounds when the school is open and warning signs are posted. §31-14-2(a)(4) & (5).

4 However, a local government cannot establish a daytime speed limit >50 MPH or a nighttime limit >45 MPH. §31-14-6

5 However, a speed limit of <35 MPH cannot be established. §31-14-7

6 The motor vehicle code (Title 31) provides that moving violations are civil infractions unless the law makes a particular offense a misdemeanor or a felony or unless the offense is punishable by a fine of more than $500 or by imprisonment. §31-27-13(a)

7 Violation Fine Schedule: The following administrative fines are assessed for certain speed law violations. I. Driving below the minimum speed (i.e., impeding traffic)-$75; violating the basic speed rule-$75; exceeding the posted speed limit on bridges and structures-$75; driving in the right lane when not driving at the normal speed of traffic-$75; and, violating the law regarding due care by drivers-$75. II. For a 1st offense of speeding 1 to 10 MPH in excess of the posted speed limit-a fine of $75. For a 2nd offense (within 12 months) where the speed is up to an excess of 10 MPH over the posted speed-a fine of $10 per MPH over the speed limit. For a 3rd or subsequent offense (within 12 months) where the speed is up to an excess of 10 MPH over the posted speed-a fine of $15 per MPH over the speed limit. III. For a 1st offense of speeding ³ 11 MPH in excess of the posted speed limit-a mandatory fine of $10 per MPH over the speed limit. For a 2nd offense (within 12 months) of speeding ³ 11 MPH in excess of the posted speed limit-a mandatory fine of $15 per MPH over the speed limit. For a 3rd or subsequent offense (within 12 months) of speeding ³ 11 MPH in excess of the posted speed limit-a mandatory fine of $20 per MPH over the speed limit. §31-41.1-4(a) & (b)

8 Point System: Under §31-11-7(a)(1), the licensing agency has the authority to take licensing action (usually suspension) if an offender has committed numerous traffic law violations. The State has promulgated a regulation establishing a point system to assist it in exercising this authority. I. If an offender accumulates 8 points, his/her license will be suspended. A 1st suspension is for a mandatory minimum period of 10 days; a subsequent suspension is for a mandatory minimum period of 30 days. According to §31-11-7, a suspension cannot be >1 year. If offenders accumulate 12 points, their license is revoked. The period of license revocation is either indeterminate or determined according the offense committed. II. The following points have been assigned for speeding and speed-related violations: three (3) reckless driving offenses within 1 year-12 points; driving as to endanger (death or injury)-12 points;>20 MPH over the speed limit-8 points; £ 20 MPH over the speed limit-1 to 5 points; and reckless or negligent driving-8 points. CRIR 01-100-011

9 Reckless driving includes drag racing and operating a vehicle in an attempt to elude or flee from a police officer. §31-27-4(a)

10 Note: The law may only provide for this licensing action where the convictions are for reckless driving and not for drag racing.

11 Death or injury as a result of vehicle operation in reckless disregard of the safety of others. §§31-27-1(a) & 31-27-1.1(a)

12 “Aggressive Driving” is defined as operating a motor vehicle in violation of any speed law (§31-14-1 et seq.) and a violation of two or more of the following traffic law provisions: (1) obedience to traffic control devices (§31-13-4); (2) overtaking on the right (§31-15-5); (3) driving within a traffic lane (§31-15-1); (4) following too closely -- interval between vehicles (§31-15-12); (5) yielding right of way (§§31-15-12.1, 31-17-1, 31-17-2, 31-17-4, 31-17-6, 31-17-7 & 31-17-8); (6) entering the roadway (§§31-15-14, 31-17-3 & 31-17-5); (7) use of turn signals (§§31-6-5, 31-16-6, 31-16-8 & 31-16-9); (8) relating to school buses, special stops, stop signs and yield signs (§31-20-1 et seq.); and, (9) use of emergency break-down lane for travel (§31-15-16). §31-27.1-3

13 432 The law does not appear to provide for either a licensing or a traffic education sanction for a subsequent aggressive driving offense.

14 A 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 ³ 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. §31-10.3-3(9)

15 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §31-10.3-3(25)(i0 & (ii)

JURISDICTION: SOUTH CAROLINA

This chapter summarizes South Carolina State statutes related to speed.

General Reference: Code of Laws of South Carolina Annotated

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 then existing. §56-5-1520(A) & (F)

Statutory Speed Limit: 70 MPH on the interstate highway system and other freeways1 §56-5-1520(B)(1)

See Other below.

60 MPH on multilane divided primary highways §56-5-1520(B)(2)

55 MPH in other locations or on other sections of highways §56-5-1520(B)(3)

40 MPH on unpaved roads §56-5-1520(B)(3)

30 MPH in an urban district2 §56-5-1520(C)

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State Department of Transportation may increase or decrease the above speed limits on the State highway system including the extension of such system into an urban district.3 §§56-5-1520(E) & 56-5-1530

II. Except as noted in III, based on engineering and traffic investigations, local governments within their respective jurisdictions may increase or decease the above speed limits.4 §§56-5-1520(E) & 56-5-1540(a)

III. Based on engineering and traffic investigations, a local government may establish a maximum speed limit of <30 MPH in an urban district. However, this authority does not apply to highways within the State highway system. §56-5-1520(D)

Basis for a Speed Law Violation :

(continued)

IV. Based upon an investigation, the State Department of Transportation may establish a safe maximum speed limit for any bridge or elevated structure. §56-5-1570(d)

V. The governing boards of State institutions may establish speed limits on the streets, drives and alleys under their jurisdiction. §56-21-10(1)

VI. The State Department of Mental Health may promulgate regulations "governing and controlling" the roads and streets within areas of the State Hospital and Midlands Center. §56-21-70. Such regulations could include the establishment of speed limits in these areas.

Minimum Speed Limit: I. No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. §56-5-1560(a)

II. A person driving at less than the normal speed of traffic shall drive in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway. §56-5-1810(b)

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State Department of Transportation or local governments may establish minimum speed limits on their respective streets and highways. §56-5-1560(b)

Other: I. A person may not operate a manufactured, modular or mobile home >55 MPH. §56-5-1520(B)(4)

II. A person may not operate a manufactured, modular or mobile home >10 MPH below the maximum speed limit when such limit is >45 MPH. §56-5-1520(B)(4)

III. A person may not operate a moped >25 MPH. §56-5-1555

IV. No person shall tow a house trailer >45 MPH. §56-5-1570(a)

V. No person shall drive a vehicle that is equipped with solid rubber or cushion tires >10 MPH. §56-5-1570(b)

VI. No person shall drive a public school bus >45 MPH on highways with posted speed limits £ 55 MPH. A special variance may be issued which allows a person to drive such a bus >45 MPH on highways with posted speed limits >55 MPH. However, in no event, shall a person drive a public school bus >55 MPH. §59-67-515

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: Except as Noted, Speed Law Violations are Misdemeanors.5 §§56-5-730, 56-5-1520(G), 56-5-1535(a), 56-5-6190 & 56-21-60

Other: N/A

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Fine:

Term (Day, Month, Years, Etc.): I. Violating Statutory Maximum Speed Limits6: 1st offense->25 MPH over the speed limit-Not more than 30 days §56-5-1520(G);

Subsequent offense-Not more than 30 days. §56-5-6190

II. Violating the Maximum Speed Limit for Mopeds: Not more than 30 days. §56-5-1555

III. Violating Traffic Regulations on State Hospital & Midlands Center Grounds: Not more than 15 days. §56-21-100

IV. All Other Speed Law Related Violations: Not more than 30 days.7 §§56-5-6190 & 56-21-60

Mandatory Minimum Term: None

Amount ($ Range): I. Violating Statutory Maximum Speed Limits: 1st offense-$15 to $2008 §56-5-1520(G); Subsequent offense-Not more than $100. §56-5-6190

II. Violating Maximum Speed Limit for Mopeds: Not more than $200. §56-5-1555

III. Violating Traffic Regulations on State Hospital & Midlands Center Grounds: $2 to $50. (per the fine schedule published by the Department). §56-21-100

IV. All Other Speed Law Related Violations: Not more than $100. §§56-5-6190 & 56-21-60

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: An offender who completes a defensive driving course shall have 4 points deducted from his/her driving record. §56-1-770

Other: N/A

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension via a Point Syste9m 443 . §§56-1-720, 56-1-740 & 56-

Sanctions Following an Adjudication of a Speed Law Violation :

(continued)

1-750

Term of License Withdrawal

(Days, Months, Years, etc.): 3 to 6 months. §56-1-740 (A)

Mandatory Minimum Term of

Withdrawal: Suspension periods under the Point System appear to be mandatory. §56-1-740

Miscellaneous Sanctions

Not Included Elsewhere: Highway Work Zone: A person who exceeds the specially posted speed limit in a highway work zone is subject to a jail sentence of not more than 30 days and/or a fine of not less than $75 nor more than $200. §56-5-1535(a)

Other Criminal Actions Related to Speeding :

Racing on Highway : Misdemeanor. §§56-5-730, 56-5-1590 & 56-5-6190

Sanctions:

Criminal Sanction:

Imprisonment (Term): 2 to 6 months. §56-5-1620

Mandatory Minimum Term: None

Fine ($ Range): $200 to $600. §56-5-1620

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Revocation. §56-5-1620

Length of Term of

Licensing Withdrawal: 1 year. §56-5-1620

Mandatory Action‑‑Minimum

Length of License

Withdrawal: 1 year. §56-5-1620. This licensing action appears to be mandatory.

Other: The owner of a car permissively used in violation of §56-5-1590 is subject to a $100 fine, 30 days in jail and a 3-month license and registration suspension. §56-5-1620

Reckless Driving : Misdemeanor. §§56-5-730, 56-5-2920 & 56-5-6190

Sanction:

Criminal:

Imprisonment (Term): Not more than 30 days. §56-5-2920

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): $25 to $200. §56-5-2920

Mandatory Minimum Fine: None

Other Criminal Actions Related to Speeding :

(continued)

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): 1st offense-Suspension via the Point System; Subsequent offense (within 5 years)-Suspension. §56-5-2920

Length of Term of License

Withdrawal Action: 1st offense-3 to 6 months via the Point System; Subsequent offense (within 5 years)-3 months. §56-5-2920

Mandatory Term of License

Withdrawal Action: 1st offense-Suspension periods under the Point System appear to be mandatory §56-1-740 (A); Subsequent offense (within 5 years)-3 months. §56-5-2920

Other: An offender who completes a defensive driving course shall have 4 points deducted from his/her driving record. §56-1-770

Commercial Motor Vehicle (CMV) Operator10s : 444

Grounds for Disqualification : A person is disqualified from operating a CMV if while driving such a vehicle he/she either (1) commits 2 "serious traffic violations11" 445 within a 3-year period or (2) commits 3 such violations within a 3-year period. §56-1-2110(F)

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. §56-1-2110(F)

Period of Mandatory Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §56-1-2110(F)


1 435 Historical Note: In 1997, the South Carolina Legislature made a request to the State Department of Transportation that the agency increase the speed limit on Interstate Highway 85 in Spartanburg County "between mile point 68.8 and mile point 77.4" to 65 MPH. Concurrent Resolution, H.B. 4073 adopted in 1997

2 436 "Urban district” is defined to mean “the territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than one hundred feet for a distance of a quarter of a mile or more.” §56-5-1520(C)

3 This includes the establishment of different highway speed limits (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. §56-5-1530(A)

4 A speed limit cannot be established at >70 MPH. §56-5-1540(a)(2). In addition, outside of an urban district, a speed limit cannot be established at <35 MPH. §56-5-1540(a)(3). Note: The State Department of Transportation must approve any alteration of a speed limit on State highways or extensions thereof. §56-5-1540(d)

5 439 Important: The law does not appear to make driving a public school bus in excess of the speed limitations established via §59-67-515 a criminal offense (e.g., a misdemeanor). In addition, there appears to be no licensing action associated with such a violation.

6 This refers to a violation of the "statutory" speed limits established under §56-5-1520(b). However, these limits may be altered (i.e., increased or decreased) by State or local authorities. §§56-5-1520(e), 56-5-1530 & 56-5-1540.

7 Title 57 contains no general penalty provision that applies to violations of its provisions. Likewise, the Criminal Code, Title 16, does not appear to contain a general penalty provision that would apply to violations of State law where no other sanctions have been specified.

8 The fines for 1st offense speed limit violations are as follows: driving £ 10 MPH above the speed limit, a fine of $15 to $25; driving >10 MPH but <15 MPH above the speed limit, a fine of $25 to $50; driving >15 MPH but <25 MPH above the speed limit, a fine of $50 to $75; and, driving >25 MPH above the speed limit, a fine of $75 to $200. §56-5-1520(G) Note: The law is not clear but these sanctions for a 1st offense may also apply to violations of the altered posted speed limits.

9 Point System: I. An offender who accumulates 12 to 15 points is subject to a 3-month suspension. If offenders accumulate 16 or 17 points, the suspension is 4 months. If they accumulate 18 or 19 points, the suspension is 5 months. If they accumulate 20 or more points, the suspension is 6 months. §56-1-740(A). II. A person may obtain special restricted driving privileges to operate a motor vehicle to and from either a place where he/she is either employed or a college or university where he/she is enrolled provided he/she lives more than 1 mile from the place of employment or educational facility. §56-1-740(B). III. Points are computed in the following manner: points for offenses committed within the immediate 12 months from the present offense are counted at full value. However, points for offenses that have been committed more than 12 months but less than 24 months from the present offense from the immediate offense are reduced to half of their full value. Note: Points are not assigned for offenses committed more than 24 months from the present offense. §56-1-750. IV. The following points have been assigned for speeding and speed related violations: reckless driving-6 points; £ 10 MPH above the posted speed limit-2 points; >10 MPH but <25 MPH above the posted speed limit-4 points; and, ³ 25 MPH above the posted speed limit-6 points. §56-1-720. Note: The law does not appear to assign any points for either driving too slowly, for violating the posted minimum speed limit, or for not driving in the right lane when not driving at the normal speed of traffic.

10 A 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 ³ 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. §56-1-2030(4)

11 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §56-1-2030(22)(a) & (b)

JURISDICTION: SOUTH DAKOTA

This chapter summarizes South Dakota State statutes related to speed.

General Reference: South Dakota Codified Laws

Basis for a Speed Law Violation :

Basic Speed Rule: It is unlawful for a person to drive a motor vehicle at a speed greater than is reasonable and prudent under the conditions then existing. §32-25-3

Statutory Speed Limit: 75 MPH on interstate highways §32-25-4

70 MPH on divided four-lane highways in rural areas

See Other below. 65 MPH on other streets or highways §32-25-1.1

55 MPH on township roads §32-25-9.2

25 MPH on urban streets that do not have posted speed limits §32-25-12

15 MPH in a school zone1 §32-25-14

Posted (Maximum) Speed Limit: I. The State Transportation Commission may establish posted speed limits that are less than the maximum ones for highways under its jurisdiction. §§32-25-7 & 32-25-10

II. Local governments may (1) establish "speed zones" upon the streets or highways under their jurisdictions or (2) regulate speed on public parks. §§32-14-3, 32-14-4, 32-25-9.1 & 32-25-16. Note: The authority granted under these provisions could be used to increase as well as to decrease the speed limits on township roads that have a statutory speed limit of 55 MPH. (§32-25-9.2).

III. Based upon an investigation, the State Transportation Commission may establish a safe maximum speed for any public bridge, causeway or viaduct. §§32-25-18 & 32-25-19

IV. A county road district2 may establish speed limits on the roads under its jurisdiction. §§31-12A-21(6) & 32-25-9.1

Minimum Speed Limit: I. No person shall operate a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. §32-25-5.1

II. It is unlawful to operate a motor vehicle at <40 MPH on an interstate highway. §32-25-5

III. A person driving a slow-moving vehicle shall drive as closely as possible to the right-hand edge or curb of a highway. §32-26-1

Basis for a Speed Law Violation : Posted (Minimum) Speed Limit: Based on engineering

(continued) and traffic investigations, the State Transportation Commission may establish a minimum speed limit on a highway. §32-25-5.2

Other: I. The State Transportation Commission may promulgate regulations establishing the maximum speed for any motor vehicle, trailer, or wagon.3 §32-25-6

II. No person shall tow a manufactured home or mobile home with a width >102 inches >55 MPH on an interstate highway or >45 MPH on any other highway. §32-25-6.1

III. No person shall drive a vehicle that is equipped with solid rubber or cushion tires >10 MPH. §32-25-6.2

IV. When a driver's view is obstructed at a railway crossing or an intersection, the maximum lawful speed is 15 MPH. §§32-25-13 & 32-25-15

V. The State Transportation Commission may establish "limited" speed zones for portions of State highways that are undergoing maintenance during the hours work is actually performed. §32-25-19.1

VI. Certain overweight vehicles which are hauling agricultural products may be driven on the highways not >50 MPH. §32-22-42.2

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Class 2 Misdemeanors. §§32-22-42.2, 32-25-1.1 et seq. & 32-26-1

Other: N/A

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): Not more than 30 days.4 §22-6-2

Mandatory Minimum Term: None

Fine:

Amount ($ Range): Not more than $200. §22-6-2

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School:

Other: The fines are double for exceeding the "limited" posted speed limit in a construction zone. However, the maximum fine cannot be >$200. §32-25-19.1

Licensing Action:

Type of Licensing Action

(Susp/Rev): Note: There appears to be no specific licensing action for speed law violations. §§32-12-49 & 32-12-49.1. See the Comment under Point System.

Term of License Withdrawal

(Days, Months, Years, etc.): N/A

Mandatory Minimum Term of

Withdrawal: N/A

Miscellaneous Sanctions

Not Included Elsewhere: For persons operating commercial motor vehicles who commit a 4th or subsequent excessive speeding offenses under §§32-25-1.1 to 32-25-17, the court may cancel the vehicles "compensation plates" for 1 year.5 §32-25-22

Other Criminal Actions Related to Speeding :

Racing on Highway : Class 2 Misdemeanor. §§32-25-23 & 32-25-25

Sanctions:

Criminal Sanction:

Imprisonment (Term): Not more than 30 days. §22-6-2

Mandatory Minimum Term: None

Fine ($ Range): Not more than $200. §22-6-2

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension via a Point System.6 §32-12-49 et seq.

Length of Term of

Licensing Withdrawal:

Mandatory Action‑‑Minimum

Length of License Withdrawal: N/A

Other: N/A

Reckless Driving : Class 1 Misdemeanor. §32-24-1

Sanction:

Criminal:

Other Criminal Actions Related to Speeding :

(continued)

Imprisonment (Term): Not more than 1 year. §22-6-2

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): Not more than $1,000. §22-6-2

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System. §32-12-49 et seq.

Length of Term of License

Withdrawal Action: N/A

Mandatory Term of License

Withdrawal Action: N/A

Other: N/A

Careless Drivin7g 452 : Class 2 Misdemeanor. §32-24-8

Sanction:

Criminal:

Imprisonment (Term): Not more than 30 days. §22-6-2

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): Not more than $200. §22-6-2

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System. §32-12-49 set seq.

Length of Term of License

Withdrawal Action: N/A

Mandatory Term of License

Withdrawal Action: N/A

Other: N/A

Exhibition Drivin8g 453 : Class 2 Misdemeanor. §32-24-9

Sanction:

Criminal:

Imprisonment (Term): Not more than 30 days. §22-6-2

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): Not more than $200. §22-6-2

Mandatory Minimum Fine: None

Other Criminal Actions Related to Speeding :

(continued)

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System. §32-12-49 et seq.

Length of Term of License

Withdrawal Action: N/A

Mandatory Term of License

Withdrawal Action: N/A

Other: N/A

Commercial Motor Vehicle (CMV) Operator9s 454 :

Grounds for Disqualification : A person is disqualified from operating a CMV if while driving such a vehicle he/she either (1) commits 2 "serious traffic violations 45510 " within a 3-year period or (2) commits 3 such violations within a 3-year period. §§32-12A-40 & 32-12A-41

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. §§32-12A-40 & 32-12A-41

Period of Mandatory Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §§32-12A-40 & 32-12A-41


1 This speed limit only applies when the school is in recess or while children are going to or leaving a school. §32-25-14

2 447 Landowners who reside outside a populated municipality may “incorporate” a “road district” for the purposes of constructing or maintaining roads. §31-12A-1 et seq.

3 I. Such regulations apply to the following types of vehicles: (1) any motor vehicle, trailer, or wagon including the load weighing >10,000 lbs.; (2) any motor vehicle, trailer or wagon having a gross weight >8,000 lbs. on one axle; and (3) any motor vehicle, trailer or wagon having a gross load >600 lbs. per inch width of tire as defined in the statute. §32-25-6

4 4 49 If they are financially able, offenders may be required to pay for the cost of their confinement in a county jail. §24-11-45

5 Certain commercial motor vehicle operators must obtain special license plates ("compensation plates") before they can operate such vehicles on the State's streets or highways. §§32-9-6 & 32-9-7

6Point System: I. An offender's license is subject to suspension if he/she accumulates either 15 points within 12 months or 22 points within 24 months. §32-12-49.2. II. The following points have been assigned to speed-related violations: reckless driving-8 points; eluding a police officer-6 points; drag racing-6 points; and, other moving offenses-2 points. The law specifically states that "other moving offenses" does not include "speeding offenses." (Comment: Since the term "speeding offense" is not defined, it is unclear whether such term includes all offenses related to vehicle speed or whether such term only means speed in excess of the speed limit.) §32-12-49.1. III. The following licensing actions are based on a person’s driving record over the last 48 months: 1st suspension-60 days; 2nd suspension-6 months; subsequent suspensions-1 year. §32-12-49.3. Licensing action is not mandatory. The licensing agency may issue restricted driving privileges for the purpose of allowing a person to engage in employment or to attend school. §32-12-49.4. Note: The State legislature repealed the law that established the offense of "drag racing." §32-25-24 repealed by §2 of ch. 260, Laws of 1991. However, it did not amend §32-12-49.1 to reflect this change.

7 "Careless driving" is defined as operating a vehicle "carelessly and without due caution, at a speed or in a manner so as to endanger any person or property, not amounting to reckless driving." §32-24-8

8 "Exhibition driving" is defined as operating a vehicle "in such a manner that creates or causes unnecessary engine noise, tire squeal, skid or slide upon acceleration or stopping; that simulates a temporary race; or causes the vehicle to unnecessarily turn abruptly or sway." §32-24-9

9 A 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 ³ 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. §32-12A-1

10 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH, reckless driving or careless driving. §32-12A-1(a), (b) & (c)

JURISDICTION: TENNESSEE

This chapter summarizes Tennessee State statutes related to speed.

General Reference: Tennessee Code Annotated and Rules and Regulations of the State of Tennessee (RRST)

Basis for a Speed Law Violation :

Basic Speed Rule: Note: This State does not have a law establishing a basic speed rule.

Statutory Speed Limit: 70 MPH for on interstate highways §55-8-152(d)

65 MPH on all other highways or roads1 §55-8-152(a) & (d)

Posted (Maximum) Speed Limit: I. The State Department of Transportation is authorized to lower the above speed limits on the State system of roads and highways. §55-8-152(g)(1)(A)

II. Based on engineering and traffic investigations, the State Department of Transportation may lower the speed limits in business, urban or residential districts. §55-8-153(a)

III. Local governments may establish speed limits including lowering the maximum speed limits on roads and streets under their jurisdictions. §§55-8-152(d)(1)(A), (d)(2) & (f)(1)(C) & 55-8-153(d)

IV. The State Department of Transportation may establish a safe maximum speed limit for any bridge or elevated structure. §55-8-156(b)

V. Based on engineering investigations, a local government may establish special speed limits adjacent to schools. This limit cannot be <15 MPH.2 §55-8-152(d)(1)(A)

VI. The State Department of Transportation may establish special speed limits at school entrances and exits and from controlled-access highways. §55-8-152(d)(1)(C)

Minimum Speed Limit: I. No person shall operate a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. §55-8-154(a)

II. On interstate and four-lane controlled-access highways, it is unlawful for a person to operate a motor vehicle in the left lane at a speed <55 MPH. §55-8-152(c)

III. A person driving at less than the normal speed of traffic shall drive in the right-hand lane then available for traffic or as close as practicable to the right-hand

Basis for a Speed Law Violation :

(continued) curb or edge of the roadway. §55-8-115(b)

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State Department of Transportation or a local government may establish a minimum speed limit for a highway. §55-8-154(b). Note: Via signs, slower moving traffic may be directed to use designated lanes. §55-8-123(3)

Other: I. No person shall operate a vehicle with solid rubber or cushion tires >10 MPH. §55-8-156(a)

II. When transporting pupils, no person shall operate a school bus either (1) > the posted speed limit or (2) >35 MPH on unpaved roadways. §49-6-2110(b)

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: Except as Noted Under Miscellaneous Sanctions, Speed Law Violations are Class C Misdemeanors. §§49-6-2113, 55-8-152(g)(2), 55-8-154, 55-8-156 & 55-10-301(a)

Other: N/A

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): Not more than 30 days. §40-35-111(e)(3)

Mandatory Minimum Term: None

Fine:

Amount ($ Range): Not more than $50. §40-35-111(e)(3)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: An offender may be required to attend a driver education course.3 §55-10-301(b)(1)

Other: N/A

Licensing Action:

Type of Licensing Action: (Susp/Rev): Suspension via a Point System.4 §55-50-505(a)(2) &

Sanctions Following an Adjudication of a Speed Law Violation :

(continued)

RRST Ch.1340-1-4

Term of License Withdrawal

(Days, Months, Years, etc.): 6 months (12 months for certain subsequent offenders).5 RRST Ch.

1340-1-4-.04(7)(c) and (8)(b) & (c)

Mandatory Minimum Term of

Withdrawal: 6 or 12 months. Action is limited to certain subsequent offenders.6 RRST Ch. 1340-1-4-.04(8)(b) & (c)

Miscellaneous Sanctions

Not Included Elsewhere: Construction Zones: A person who violates a speed limit in a construction zone when workers are present commits a Class B Misdemeanor. However, the offender is only subject to a fine sanction of $250 to $500. §§55-8-152(f)(2) & 55-8-153(e). Note: The minimum fine appears to be mandatory.

Other Criminal Actions Related to Speeding :

Drag Racing7 : Class B Misdemeanor. §55-10-502

Sanctions:

Criminal Sanction:

Imprisonment (Term): Not more than 6 months. §40-35-111(e)(2)

Mandatory Minimum Term: None

Fine ($ Range): Not more than $500. §40-35-111(e)(2)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Revocation. §55-10-503(a)(1) & (b)

Length of Term of

Licensing Withdrawal: 1st offense-1 year §55-10-503(a)(1); 2nd offense (within 10 years)-Permanent Revocation. §55-10-503(b)

Mandatory Action‑‑Minimum

Length of License

Withdrawal: 1st offense-None. Note: An offender is eligible for restricted driving privileges §55-10-503(a)(2); 2nd offense (within 10 years)-Permanent Revocation. §55-10-503(b)

Other: An offender may be required to attend a driver education course. §55-10-301(b)(1)

Reckless Driving : Class B Misdemeanor. §55-10-205(a) & (b)

Sanction:

Criminal:

Imprisonment (Term): Not more than 6 months. §40-35-111(e)(2)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): Not more than $500. §40-35-111(e)(2)

Mandatory Minimum Fine: None

Administrative Licensing Actions: Suspension via a Point System. Revocation- 2nd offense (within 12 months)-Revocation. §55-50-501(a)(6)

Type of Licensing Action

(Susp/Rev): 2nd offense (within 12 months)-Revocation. §55-50-501(a)(6)

Length of Term of License

Withdrawal Action: 2nd offense (within 12 months)-1 year. §55-50-502(f)(3)

Mandatory Term of License

Withdrawal Action: 2nd offense (within 12 months)-1 year.8 §55-50-502(f)(3)

Other: An offender may be required to attend a driver education course. 3 §55-10-301(b)(1)

Commercial Motor Vehicle (CMV) Operators9 :

Grounds for Disqualification : A person is disqualified from operating a CMV if while driving such a vehicle he/she either (1) commits 2 "serious traffic violations"10 within a 3-year period or (2) commits 3 such violations within a 3-year period. §55-50-405(a)(5)

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. §55-50-405(a)(5)

Period of Mandatory Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §55-50-405(a)(5)


1 Controlled-access highways with four lanes that are designated as State system highways or interstate highway. §55-8-152(c). Only the State Department of Transportation can establish speed limits on these highways. §55-8-152(h).

2 Where such special speed limits do not exist, it is a prima facie evidence of reckless driving to operate a vehicle >15 MPH when passing a school during (1) recess when warning flashers are in operation, or (2) 90 minutes before or after the opening or closing of a school. §55-8-152(d)(1)(B)

3 This course may be imposed in addition to or in lieu of any other sanction. §55-10-301(b)(1)

4 Point System: I. An offender who for the first time accumulates 12 points within 12 months is subject to either a 6-month license suspension or a driver improvement program. After the offender completes this program, he/she is placed on administrative probation for 12 months. Note: A 1st offender is a driver who has not had his/her license suspended and who has not taken the driver improvement program within the previous 5 years. II. An offender who for the second or subsequent time accumulates 12 points within 12 months is subject to a 6-month license suspension. However, if the offender has completed driver improvement program within the previous 5 years, the suspension is for 12 months. Such persons may be required to attend a driver improvement program. However, participation in this program is not in lieu of license suspension. III. The following points have been assigned for speeding and speed related offenses: speeding violations where the vehicle's speed was not noted on the citations-3 points; exceeding the speed limit 1 through 5 MPH-1 point; exceeding the speed limit 6 through 15 MPH-3 points; exceeding the speed limit 16 through 25 MPH-4 points; exceeding the speed limit 26 through 35 MPH-5 points; exceeding the speed limit 36 through 45 MPH-6 points; exceeding the speed limit by 46 or more MPH-8 points; reckless driving-6 points; driving less the posted minimum speed limit-3 points; careless or negligent driving (Note: This is a municipal ordinance violation)-4 points; and, reckless endangerment by vehicle-8 points. IV. The following points have been assigned for speeding in a construction zone: speeding violations where the vehicle's speed was not noted on the citations-3 points; exceeding the speed limit 1 through 5 MPH-2 points; exceeding the speed limit 6 through 15 MPH-6 points; exceeding the speed limit 16 through 35 MPH-7 points; and, exceeding the speed limit by 36 or more MPH-8 points. V. The following points have been assigned for speeding in a commercial vehicle: speeding violations where the vehicle's speed was not noted on the citations-4 points; exceeding the speed limit 1 through 5 MPH-2 points; exceeding the speed limit 6 through 14 MPH-4 points; exceeding the speed limit 15 through 25 MPH-6 points; exceeding the speed limit 26 through 35 MPH-7 points; and, exceeding the speed limit by 36 or more MPH-8 points. VI. The following points have been assigned for speeding in a construction zone by a commercial vehicle: speeding violations where the vehicle's speed was not noted on the citations-4 points; exceeding the speed limit 1 through 5 MPH-2 points; and, exceeding the speed limit 6 through 14 MPH-5 points. RRST Ch. 1340-1-4-.03 & .04

5 Point System Suspensions: Offenders are subject to a 6 month license suspension under two conditions: (1) they have accumulated 12 points within 12 months for the first time and they do not participate in the driver improvement program; or, (2) they have accumulated 12 points for the second time and have in lieu of a suspension, within the past 5 years, participated in such a program. Subsequent offenders are subject to a 12 month license suspension if they have, within the past 5 years, participated in and been subject to both a driver improvement program in lieu of a suspension and a license suspension under the point system. RRST Ch. 1340-1-4-.04

6 Offenders who have accumulated 12 points within 12 months for the first time and who are subject to a 6 month license suspension because they do not participate in a driver improvement program are eligible for restricted driving privileges. RRST Ch. 1340-1-4-.04(7)(g). Under "extreme circumstances" such an offender may be placed on administrative probation in lieu of a suspension. RRST Ch. 1340-1-4-.04(7)(h)

7 "Drag racing" is defined as the "use of any motor vehicle for the purpose of ascertaining the maximum speed obtainable by the vehicle; the use of any motor vehicle for the purpose of ascertaining the highest obtainable speed of the vehicle within a certain distance or within a certain time limit; the use of any one (1) or more motor vehicles for the purpose of comparing the relative speeds of such vehicle or vehicles, or for comparing the relative speeds of such vehicle or vehicles within a certain distance or within a certain time limit; the use of one (1) or more motor vehicles in an attempt to out-gain, outdistance or arrive at a given destination simultaneous with or prior to that of any other motor vehicle; the use of any motor vehicle for the purpose of the accepting of, or the carrying out of any challenge, made orally, or in writing, or otherwise, made or received with reference to the performance abilities of one (1) or more motor vehicles." §55-10-501(1)

8 However, if this is the first time an offender's license has been revoked, he/she may apply for a new one after only 6 months. §55-50-502(e)(4)

9 A 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 ³ 26,001 lbs., is designed to transport more than 15 persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. §55-50-102(12)

10 A "serious traffic violation" includes excessive speeding as defined by the U.S. Secretary of Transportation (i.e., exceeding the speed limit by 15 or more MPH) or reckless driving. §55-50-102(46)(A) & (B) and 49 CFR §383.5

JURISDICTION: TEXAS

This chapter summarizes Texas State statutes related to speed.

General Reference: Citations are to Vernon's Texas Transportation Code (Tran. Code).

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 circumstances then existing or under the conditions and having regard to actual and potential hazards. Tran. Code §545.351(a) & (b)(1)1

Statutory Speed Limit: Operating a vehicle in excess of the following speed limits is prima facie evidence that such speed is not reasonable and prudent and is unlawful. Tran. Code §545.352(a)

A) 80 MPH in daytime for vehicles other than truck tractors, trailers, semi-trailer and trucks above 26,000 pounds on Interstate Highway 10 or Interstate Highway 20 in Crockett, Culberson, Hudspeth, Jeff Davis, Kerr, Kimble, Pecos, Reeves, Sutton, or Ward Counties. § 454.352(h-1)

B) 75 MPH during the daytime in counties with a population density of less than 15 persons per square mile. § 454.352(h)(1) & (2)

C) 70 MPH during the daytime on "numbered" highways and farm/ranch-to-market roads outside an urban district2 Tran. Code §545.352(b)(2)

D) 65 MPH during the nighttime on "numbered" highways and farm/ranch-to-market roads outside an urban district Tran. Code §545.352(b)(2)

E) 60 MPH during the daytime on highways that are not "numbered" and that are outside of an urban district Tran. Code §545.352(b)(3)

F) 55 MPH during the nighttime on highways that are not "numbered" and that are outside of an urban district Tran. Code§545.352(b)(3)

G) 30 MPH in an urban district Tran. Code §545.352(b)(1)

(H) 15 MPH in an alley Tran. Code §545.352(b)(1)

(I) 15 MPH on a beach Tran. Code §545.352(b)(5)

(J) 15 MPH on a road adjacent to a public beach if declared by the Commissioners Court of the county.

Basis for a Speed Law Violation : (continued) Tran. Code §545.352(b)(6) For counties with a

population >200,000, this authority may be delegated to the county engineer. Tran. Code §251.159

Certain subdivision residents abutting a private road, not in a municipality, may petition the Texas Transportation Commission to extend the speed restrictions to such road. This applies only if there are at least 400 people that live in a subdivision and/or an across adjacent subdivision. Tran. Code §542.006(a)

J) Twenty-five percent of the property owners of a subdivision with privately maintained roads or the governing body of the entity that maintains these roads may petition the Commissioners Court of a county to extend any or all of the traffic rules (e.g., speed limits) to such subdivision’s roads. Tran. Code §542.007

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the Texas Transportation Commission may alter the prima facie speed limits on State highways and limited-access or controlled highways inside or outside of any municipality.3 Tran. Code §545.353(a) & (f)

II. Based on engineering and traffic investigations, the Texas Turnpike Authority or any Regional Tollway Authority may alter the prima facie speed limits on highways under their jurisdictions including those inside or outside any municipality.4 Tran. Code §545.354(a) & (d)

III. Based on engineering and traffic investigations, county court commissioners may increase the prima facie speed limits on highways under their jurisdictions. In addition, they may declare lower speed limits if the prima facie limits are unreasonable or unsafe.5 Tran. Code §545.355(a). For counties with a population >200,000, this authority may be delegated to the county engineer. Tran. Code §251.159

IV. Based on engineering and traffic investigations, municipalities may alter the prima facie speed limits on highways under their jurisdictions.6 Tran. Code §545.356(a) & (b)

V. Texas law gives United States military commanders the authority to alter the prima facie speed limits on state highways within a United States military reservation.7

Tran. Code §545.358

Posted (Maximum) Speed Limit: VI. Based on investigations, the Texas Transportation Commission, the Texas Turnpike Authority or a local government may establish safe maximum speed limits for bridges or other elevated structures under their respective jurisdictions. Tran. Code §545.361(e)

VII. The State Transportation Commission and local governments are required to hold public hearings upon request once each calendar year to consider prime facie speed limits on highways that are under their respective jurisdictions and that are either near (1) public or private elementary or secondary schools or (2) institutions of higher education. Tran. Code §545.357

VIII. The Commissioners Court of a county may request the Texas Transportation Commission to establish prima facie speed limits for farm/ranch-to-market roads without improved shoulders that are lower than those provided for under Tran. Code §545.352. Tran. Code §545.3535(a)

IX. A local authority may regulate the speed of a vehicle in a public park. Tran. Code §542.202(a)(6)

Minimum Speed Limit: I. No person shall drive so slowly as to impede the normal and reasonable movement of traffic. Tran. Code §545.363(a)

II. A person driving at less than the normal speed of traffic shall drive in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway. Tran. Code §545.051(b)

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the Texas Transportation Commission, the Texas Turnpike Authority or a local government may establish minimum speed limit for any highway under their jurisdictions. Tran. Code §545.363(b). Note: Via signs, slower moving traffic may be directed to use designated lanes. Tran. Code §545.060(c)

Other: I. Operating vehicles in the following types of situations in excess of the given speed limits is prima facie evidence that such speed is not reasonable and prudent and is unlawful. Tran. Code §545.352(a)

A) A manufactured house or house trailer cannot be towed in excess of the posted speed limit or >55 MPH whichever is less. Code §623.101(a)

B) A school bus with a commercial motor vehicle

inspection cannot be driven >60 MPH outside an urban district on a “numbered” highway or farm-to-market road. Tran. Code §545.352(b)(4)(A)

C) A school bus without a commercial motor vehicle inspection cannot be driven >50 MPH outside an urban district. Tran. Code §545.352(b)(4)(B)

D) A school bus with or without a commercial motor vehicle inspection cannot be driven >50 MPH outside an urban district on a highway that has not been “numbered”. Tran. Code §545.352(b)(4)(B)

E) 60 MPH during the daytime on highways that are outside of an urban district for trucks (e.g., truck tractor, trailer or semi-trailer) except for light trucks. 2 Tran. Code §545.352(b)(4)(C)

F) 55 MPH during the nighttime on highways that are outside of an urban district for trucks (e.g., truck tractor, trailer, or semi-trailer). Tran. Code §545.352(b)(4)(C)

II. 30 MPH is the maximum speed limit in a county park that borders the Gulf of Mexico. Tran. Code §750.002

III. A vehicle equipped with solid rubber or cushion tires may not be operated >10 MPH. Tran. Code §545.361(b)

IV. Self-propelled agricultural machinery used for planting "food materials" and not designed for transportation purposes may not be operated >30 MPH. Tran. Code §545.361(d)

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Misdemeanors. Tran. Code §§542.301 & 750.002(b)

Other: N/A

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): None

Mandatory Minimum Term:

Fine:

Amount ($ Range): $1 to $200. Tran. Code §§542.401 & 750.002(b)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: N/A

Other: Double Fines:8 If a speeding offense occurs in a construction zone when workers are present, the minimum and maximum fines are doubled. Tran. Code §542.404

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension or Revocation at the discretion of the licensing agency. This action is based on either (1) on habitually reckless or negligent vehicle operation or (2) on habitual violation of the traffic laws.9 Tran. Code §§521.292(a) (2) & (3) & 521.294

Term of License Withdrawal

(Days, Months, Years, etc.): Revocation-Indefinite Period. Tran. Code §521.312(a)

Suspension - Not more than 1 year. Tran. Code §521.293

Mandatory Minimum Term of

Withdrawal: Revocation-The revocation period cannot be probated and, therefore, appears to be mandatory. Tran. Code §521.309

Suspension -None. A suspension may be probated and is, therefore, not mandatory.10 Tran. Code §521.309

Miscellaneous Sanctions

Not Included Elsewhere: N/A

Other Criminal Actions Related to Speeding :

Racing on Highway : Misdemeanor. Tran. Code §§542.301(b) & 545.420

Sanctions:

Criminal Sanction:

Imprisonment (Term): None

Mandatory Minimum Term:

Fine ($ Range): $1 to $200. Tran. Code §542.401

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension or Revocation (Discretionary) based on either habitually reckless/negligent vehicle operation or habitual violation of the traffic laws. Tran. Code §§521.292 (a) (1) & (2) & 521.294

Length of Term of

Licensing Withdrawal: Revocation-Indefinite Period. Tran. Code §521.312(a)

Suspension - Not more than 1 year. Tran. Code §521.293

Mandatory Action‑‑Minimum

Length of License

Withdrawal: Revocation-The revocation period cannot be probated and, therefore, appears to be mandatory. Tran. Code §521.309

Suspension -None. A suspension may be probated and is, therefore, not mandatory. Tran. Code §521.309

Other: Double Fines: If an offense occurred in a construction

Other Criminal Actions Related to Speeding :

(continued) zone when workers were present, the minimum and maximum fines are doubled. Tran. Code §542.404

Reckless Driving : Misdemeanor. Tran. Code §545.401(a) & (b)

Sanction:

Criminal:

Imprisonment (Term): Not more than 30 days. Tran. Code §545.401(b)(2)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): Not more than $200. Tran. Code §545.401(b)(1)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension or Revocation at the discretion of the licensing agency. This action is based either (1) on habitually reckless or negligent vehicle operation or (2) on habitual violation of the traffic laws. Tran. Code §§521.292 (a) (1) & (2) & 521.294

Length of Term of License

Withdrawal Action: Revocation-Indefinite Period. Tran. Code §521.306(a)

Suspension -Not more than 1 year. Tran. Code §521.306(b)

Mandatory Term of License

Withdrawal Action: Revocation-The revocation period cannot be probated and, therefore, appears to be mandatory. Tran. Code §521.309

Suspension -None. A suspension may be probated and is, therefore, not mandatory. Tran. Code §521.309

Other: Double Fines: If a offense occurred in a construction zone when workers were present, the maximum fine is doubled. Tran. Code §542.404

Incarceration Costs: A person who has been convicted of a misdemeanor offense may be required to pay the cost, at a rate of $25 per day, for any incarceration time served in a county jail.

Indigent defendants may not be required to pay this cost. Code of Criminal Procedure Art. 42.038(a) & (c)

Commercial Motor Vehicle (CMV) Operators11 :

Grounds for Disqualification : A person is disqualified from operating a CMV if while driving such a vehicle he/she either (1) commits 2 "serious traffic violations"12 within a 3-year period or (2) commits 3 such violations within a 3-year period.

Tran. Code §522.081(a)(1) & (2)

Period of Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. Tran. Code §522.081(a)(1) & (2)

Period of Mandatory Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. Tran. Code §522.081(a)(1) & (2)


1 An operator shall reduce speed when approaching and crossing an intersection or railroad grand crossing, approaching a curve or a hill crest, traveling an a narrow or winding roadway, or facing special hazards such as pedestrians, weather or highway conditions. Tran. Code §545.351(c)

2 These speed limits apply to passenger cars or motorcycles, passenger cars or light trucks towing a trailer bearing a vessel, passenger cars or light trucks towing a trailer used primarily to transport a motorcycle, or passenger cars of light trucks towing a trailer or semi-trailer used primarily to transport dogs or livestock.. Tran. Code §545.352(b)(2) A "light truck" is defined as a truck with a carrying capacity of £ 2,000 lbs. and includes pick-up trucks, panel delivery trucks and carry-all trucks. Tran. Code §545.352(d)(2)

3 However, the following limitations apply: a speed limit cannot be established >70 MPH; and the speed limits established per Tran. Code §545.352(b)(5) for certain vehicles outside an urban district cannot be changed. Tran. Code §545.353(d). Exception: The State Commissioner of Transportation may establish a speed limit of 75 MPH during the daytime on certain parts of the highway system if such a speed limit is deemed to be reasonable and safe. Tran. Code §545.353(h)

4 However, a speed limit cannot be established >70 MPH. Tran. Code §545.354(f)(2)

5 However, a speed limit can neither be established >60 MPH nor <30 MPH. Tran. Code §545.355(a)

6 However, a speed limit cannot be established >60 MPH. Tran. Code §545.356(a) & (b). If there is a conflict in the established speed limits by a municipality and the Texas Transportation Commission for any highway, the speed limit established by the State prevails. Tran. Code §545.359

7 However, a speed limit cannot be established >60 MPH. Tran. Code §545.358. If there is a conflict in the established speed limits by the U.S. commander and the Texas Transportation Commission for any highway, the speed limit established by the State prevails. Tran. Code §545.359

8 473 The law also provides for double fines (i.e., from $1 but not more than $200 to $2 but not more than $400) for violating a “warning sign” in a construction zone where workers are present. Tran. Code §472.022(a) & (d).

9 A "habitual violator" is defined as a person who has committed either 4 or more traffic offenses within 12 months or 7 or more offenses within 24 months. Tran. Code §521.292(b)

10 If a license suspension is probated, the offender must be placed on probationary status for a period of 90 days to 2 years. Tran. Code §521.309(e)

11 A 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 ³ 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. Tran. Code §522.003(5)

12 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. Tran. Code §522.003(25)(A) & (B)

JURISDICTION: UTAH

This chapter summarizes Utah State statutes related to speed.

General Reference: Utah Code Annotated and Utah Administrative Code (UAC)

Basis for a Speed Law Violation :

Basic Speed Rule: A person may not operate a vehicle at a speed greater than is reasonable and prudent under the existing conditions, giving regard to the actual and potential hazards then existing. §41-6-46(1)

Statutory Speed Limit: If the following speed limits are exceeded, it is prima facie evidence that

See Other below. such speed was not reasonable or prudent. §41-6-46(3)

A) 55 M.P.H., except as noted, on highways or streets §41-6-46(2)(c) Note: See “I” under Posted Speed limits below.

B) 25 M.P.H. in an urban district §41-6-46(2)(b)

C) 20 MPH in a "reduced speed school zone" §§41-6-20.1, 41-6-48.5(1) & 41-6-46(2)(a)

Posted (Maximum) Speed Limit: I. Based on traffic engineering and safety studies, the State Department of Transportation may establish different speed limits on highways under its jurisdiction.1 §41-6-47(1) & (2). Important: The maximum posted speed limit cannot be >65 MPH on regular highways or >75 MPH on limited access ones. §41-6-47(3)(a)

II. Based on traffic engineering and safety studies, a local government may establish different speed limits on highways under its jurisdiction. §41-6-48(1) & (2). Important: The maximum posted speed limit cannot exceed those noted above. §§41-6-47(3)(a) & 41-6-48(1)

III. Based on an investigation, the State Department of Transportation may establish a safe maximum speed for any bridge or elevated structure. §41-6-50

Minimum Speed Limit: I. A person may not operate a motor vehicle at a speed so slow as to impede or block the normal and

Basis for a Speed Law Violation

(continued) reasonable movement of traffic. §41-6-49(1)

II. A person driving at less than the normal speed of traffic shall drive in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway. §41-6-53(2)

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State Department of Transportation or a local government may establish a minimum speed limit for a highway on highways within their respective jurisdictions. §41-6-49(3)

Other: The governor may, by proclamation, alter speed limits on State highways in time of war or emergency. §41-6-46(4)

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Class C Misdemeanors.2 §§41-6-12(1) & 41-6-48.5(2)(a)

Other: N/A

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years, Etc.): Not more than 90 days. §76-3-204(3)

Mandatory Minimum Term: None

Fine:

Amount ($ Range): Not more than $750.3 §76-3-301(1)(e)

Mandatory Min. Fine ($): The following mandatory minimum fines are imposed for driving >20 MPH in a "reduced speed school zone:" 1st offense-Vehicle Speed 21 to 29 MPH-$50; Vehicle Speed 30 to 39 MPH-$125; and Vehicle Speed ³ 40 MPH-$275; 2nd and subsequent offense- 1st offense-Vehicle Speed 21 to 29 MPH-$50; Vehicle Speed 30 to 39 MPH-$225; and Vehicle Speed ³ 40 MPH-$525. §41-6-48.5(2)(a). Note: The court may order community service in lieu of these fines or any portion of such fine. §41-6-48.5(2)(b)

Sanctions Following an Adjudication of a Speed Law Violation :

(continued)

Other Penalties:

Traffic School: An offender may reduce the number of points on his/her driving record by completing a Defensive Driving Course. UAC R708-3-3 & R708-3-5(1)(b)

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System.4 §53-3-221(1)(f) & (4)

Term of License Withdrawal

(Days, Months, Years, etc.): Not more than 1 year. §53-3-221(8)(a)

Mandatory Minimum Term of

Withdrawal: None. Note: License suspension action is discretionary.

Miscellaneous Sanctions

Not Included Elsewhere: Double Fine for Speeding in Construction Zones: A person who is convicted of speeding in a construction zone when workers are present is subject to a fine which is double the amount of the fines in the Uniform Recommend Fine Schedule. §41-6-13(3)(a)

Other Criminal Actions Related to Speeding :

Racing on Highway : Class C Misdemeanor. §§41-6-12(1) & 41-6-51

Sanctions:

Criminal Sanction:

Imprisonment (Term): Not more than 90 days. §76-3-204(3)

Mandatory Minimum Term: None

Fine ($ Range): Not more than $750. 3 §76-3-301(1)(e)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension via a Point System based on (1) a

Other Criminal Actions Related To Speeding:

(continued)

conviction of a serious traffic offense or (2) frequent traffic law violations. §53-3-221(1)(d) & (f)

Length of Term of

Licensing Withdrawal: Not more than 1 year. §53-3-221(8)(a)

Mandatory Action‑‑Minimum

Length of License

Withdrawal: None. Note: License suspension action is discretionary with the licensing agency.

Other: An offender may reduce the number of points on his/her driving record by completing a Defensive Driving Course. UAC R708-3-3 & R708-3-5(1)(b)

Reckless Driving5 : Class B Misdemeanor. §41-6-45(1) & (2)

Sanction:

Criminal:

Imprisonment (Term): Not more than 6 months. §76-3-204(2)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): Not more than $1,000. §76-3-301(1)(d)

Mandatory Minimum Fine: None.

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): I.Suspension via a Point System based on (1) a conviction of a serious traffic offense or (2) frequent traffic law violations. §53-3-221(1)(d) & (f). II. 1st offense-The court may recommend suspension; 2nd offense (within 12 months)-Revocation. §53-3-220(1)(a)(viii)

Length of Term of License

Withdrawal Action: I. Under the Point System- Suspension-Not more than 1 year. §53-3-221(8)(a) II. 1st offense-After a hearing, the licensing agency may suspend an offender’s license for 3 months; 2nd offense (within 12 months- Revocation-1 year. §§53-3-220(1)(a)(viii) & 53-3-225(1)(a)

Mandatory Term of License

Withdrawal Action: I. Under the Point System-None. Licensing action is discretionary. II. 1st offense-None; 2nd offense (within 12 months)- Revocation-1 year. §§53-3-220(1)(a)(viii) & 53-3-225(1)(a)

Other: Points may be reduced upon completion of a Defensive Driving Course. UAC R708-3-3 & R708-3-5(1)(b)

Commercial Motor Vehicle (CMV) Operators6 :

Grounds for Disqualification : A person is disqualified from operating a CMV if while driving such a vehicle he/she either (1) commits 2 "serious traffic violations"7 within a 3-year period or (2) commits 3 such violations within a 3-year period. §53-3-414(6)

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. §53-3-414(6)

Period of Mandatory Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §53-3-414(6)


1 This 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 highway construction, (4) for various weather conditions, or (5) for other highway safety factors. §41-6-47(2). Note: The State Department of Transportation or a local government “may designate a specific lane or lanes of travel for any type of vehicle on a highway or portion of a highway under their respective jurisdictions for the safety of the public, efficient maintenance of a highway, or us e of high occupancy vehicles.” §41-6-53.5(4)(a)

2 479 Even though exceeding the post speed limit is a Class C Misdemeanor, an appellate court allowed the prosecutor to change the offense’s classification to an infraction. A person who is convicted of an infraction is subject to only a fine of not more than $750 and is not subject to an incarceration sanction. In addition, a person who is charged with an infraction has no right to a jury trail. Not addressed in the case was the issue of whether the trial court had the authority, via either statute or the State’s constitution, to change the classification. Instead, the appellate court held that the trial court, by accepting the information for this offense as an infraction, agreed to limit the sanction to only a fine. West Valley City v. McDonald, 948 P.2d 371 ( Utah App. 1997)

3 480 This is the maximum fine that may be imposed. However, the actual fine that is usually imposed for an offense is one that has been established via the Uniform Recommend Fine Schedule. This schedule is established via the State’s Judicial Council. §76-3-301.5

4 Point System: I. Offenders ³ 21 Years Old: An offender who accumulates either 200 to 399 points, 400 to 599 points or ³ 600 points is subject to respectively, a 3-month, 6-month or 1-year license suspension. In addition, “[t]he suspension time is doubled, up to a maximum of one year, for a second or subsequent suspension within a three-year period.” UAC R708-3-6. Offenders <21 Years Old: An offender who accumulates 140 to 199 points is subject to license "denial" for 30 days. If after first denial, he/she accumulates 140 to 199 points within 3 years, he/she is subject to a 60-day license denial. If after a second denial, the offender accumulates 140 to 199 points within 3 years, he/she is subject to a 90-day license denial. If an offender accumulates 200 to 249 points, 250 to 349 points, 350 to 449 points or 450+ points, he/she is subject to respectively, a 60-day, 90-day, 6-month or 1-year license suspension. Also, “[a] third or additional sanction within a three-year period will result in a suspension at the next highest threshold, which doubles in length for each succeeding sanction within the three-year period up to a maximum of one year.” UAC R708-3-8. II. The following points have been assigned to speeding and speed related traffic law violations: reckless driving-80 points; racing/drag racing/acceleration contest/exhibition speed-60 points; speeding too fast for conditions-50 points; speeding 1 to 10 MPH over the speed limit-35 points; speeding 11-20 MPH over the speed limit-55 points; speeding >20 MPH over the speed limit-75 points; exceeding the speed limit by less than 11 MPH on an interstate-35 or 55 points; exceeding the speed limit in a school zone 1 to 9 MPH-35 points; exceeding the speed limit in a school zone 10 to 19 MPH-55 points; exceeding the speed limit in a school zone ³ 20 MPH-75 points; and, driving too slow-50 points. §§53-3-209(2), 53-3-221(4), 63-46b-5(1), UAC R708-3-4(2), and the Point Violation Code Table as prepared by the Utah Driver License Division of the Department of Public Safety.

5 482 I. Reckless Driving is defined as operating a vehicle either (1) “in willful or wanton disregard for the safety of persons or property” or (2) “while committing three or more moving traffic violations under Title 41, Chapter 6, Traffic Rules and Regulations, in a series of acts within a single continuous period of driving.” II. A person commits a Class A Misdemeanor if he/she recklessly engages in conduct, not amounting to a felony, that creates a substantial risk of death or serious injury to another person. §76-5-112. Such conduct could include acts committed while operating a motor vehicle. A person convicted of a Class A Misdemeanor is subject to an imprisonment term of not more than 1 year and/or a fine of not more than $2,500. §§76-3-204(1) & 76-3-301(1)(c)

6 A 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 ³ 26,001 lbs., is designed to transport more than 15 persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. §53-3-102(5)(a)

7 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §53-3-402(16)(a) & (b)

APPENDIX

JURISDICTION: UNIFORM VEHICLE CODE (UVC)

This appendix summarizes the Uniform Vehicle Code’s provisions related to speed.

General Reference: The UVC as revised by the National Committee on Uniform Traffic Laws and Ordinances in 2000

Basis for a Speed Law Violation :

Basic Speed Rule: No person shall drive a vehicle faster than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. §11-801

Statutory Speed Limit: 55 MPH in locations other than urban districts §11-802

See Other below. 35 MPH in urban districts §11-802

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State may increase or decrease the above speed limits on the State highway system.1 §11-803

II. Based on engineering and traffic investigations, a local government may increase or decrease the above speed limits on highways under its jurisdiction.2 §11-804(a) & (b)

III. Based on an investigation, the State or a local government may establish maximum safe speed limits for any bridge or elevated structure under their jurisdiction. §11-807(b) & (c)

Minimum Speed Rule: I. No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. §11-805(a)

II. A person driving at less than the normal speed of traffic shall drive in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway. §11-301(b)

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State or a local government may establish minimum speed limits on the highways under their respective jurisdictions. §11-805(b)

Other: No person shall tow a house trailer >45 MPH. §11-807(a)

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Misdemeanors. §17-101(a)

Other: N/A

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years, Etc.): 1st Offense-None; 2nd Offense (within 1 year)-None; 3rd or Subsequent Offense (within 1 year)-Not more than 6 months. §17-101(b)

Mandatory Minimum Term: None3

Fine:

Amount ($ Range): 1st Offense-Not more than $200: 2nd Offense (within 1 year)-Not more than $300; 3rd or Subsequent Offense (within 1 year)-Not more than $500. §17-101(b)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: The court may order an offender to complete a course in driver improvement. §17-103(a)(3)

Other: N/A

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension-Based on a Point System Promulgated by Regulations. §6-207(a)(2) & (b)

Term of License Withdrawal

(Days, Months, Years, etc.): Not more than 1 year. §6-212(a)

Mandatory Minimum Term of

Withdrawal: Possible under a point system

Miscellaneous Sanctions

Not Included Elsewhere: N/A

Other Criminal Actions Related to Speeding :

Racing on Highway : Misdemeanor. §§11-809 & 17-101(a)

Sanctions:

Criminal Sanction:

Imprisonment (Term): 1st Offense-None; 2nd Offense (within 1 year)-None; 3rd or Subsequent Offense (within 1 year)-Not more

than 6 months. §§11-809(d) & 17-101(b)

Mandatory Minimum Term: None

Other Criminal Actions Related to Speeding :

(continued)

Fine ($ Range): 1st Offense-Not more than $200; 2nd Offense (within 1 year)-Not more than $300; 3rd or Subsequent Offense (within 1 year)-Not more than $500. §§11-809(d) & 17-101(b)

Mandatory Minimum Fine: None 3

Administrative Licensing Action:

Licensing Authorized and Type of Action: Suspension. §6-207(a)(8). Suspension is also possible via the point system §6-207(b)

Length of Term of

Licensing Withdrawal: Not more than 1 year. §6-212(a)

Mandatory Action‑‑Minimum

Length of License

Withdrawal: Possible under a point system

Other: I. The court may order an offender to complete a course in driver improvement. §17-103(a)(3)

II. Following a conviction for racing on the highway, the registrations of the vehicle or vehicles registered in the name of such person may be suspended. The UVC does not recommend a suspension period. §17-301

Reckless Driving : Misdemeanor. §§11-909 & 17-101(a)

Sanction:

Criminal:

Imprisonment (Term): 1st Offense-5 days to 90 days; 2nd or Subsequent Offense-10 days to 6 months. §11-909(b)

Mandatory Minimum Term

of Imprisonment: None 3

Fine ($ Range): 1st Offense-$25 to $500; 2nd or Subsequent Offense-$50 to $500. §11-909(b)

Mandatory Minimum Fine: None 3

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via the point system. §6-207(a)(3) & (b)

Length of Term of License

Withdrawal Action: Not more than 1 year. §6-212(a)

Mandatory Term of License

Withdrawal Action: Possible under a point system.

Other: The court may order an offender to complete a course in driver improvement. §17-103(a)(3)

Commercial Motor Vehicle (CMV) Operators4 :

Grounds for Disqualification : A person is disqualified from operating a CMV if while driving such a vehicle he/she either (1) commits 2 "serious traffic violations"5 within a 3-year period or (2) commits 3 such violations within a 3-year period. §6-514(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. §6-514(e)

1 The UVC also provides that the State may establish different highway speed limits (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. §11-803

2 However, a local government can neither (1) increase the maximum speed limit within an urban district to more than 55 MPH nor (2) decrease the maximum speed limit outside of an urban district to less than 35 MPH. §11-804(a)(2) & (3). In addition, no more than 6 speed limit alterations shall be made per street or highway mile and the difference between adjacent speed limits shall not be more than 10 MPH. §11-804(e). Note: Any alteration of speed limits on State highways or extensions thereof by a local government must be approved by the State. §11-804(d)

3 Unless the UVC specifically provides for a mandatory sanction, the court has the authority to suspend all or part of a fine or incarceration sentence. §17-103(c)

4 A 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 ³ 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. §6-500(17)

5 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §6-500(20)(a) & (b)

JURISDICTION: VIRGINIA

This chapter summarizes Virginia State statutes related to speed.

General Reference: Code of Virginia Annotated and Virginia Administrative Code (VAC)

Basis for a Speed Law Violation :

Basic Speed Rule: A person cannot drive so as to exceed a reasonable speed under the circumstances and traffic conditions existing at the time, regardless of any posted speed limit.1 §46.2-861

Statutory Speed Limit: 65 MPH on rural interstate highways, certain highways constructed by the Virginia Highway Corporation and

See Other below. other limited-access highways in counties with a population ³ 45,700 but £ 45,800 §46.2-870

65 MPH on Virginia Route 288 §46.2-870

55 MPH on other interstate highways, limited-access highways with divided roadways, non-limited access highways with 4 or more lanes and all State primary highways §46.2-870

55 MPH on all other highways for passenger motor vehicles, busses, pickup or panel trucks or motorcycles §46.2-870

45 MPH on all other highways for trucks, tractor trucks, a combination of vehicles designed to transport property, or a vehicle which is towing either another motor vehicle or a house trailer §46.2-870

35 MPH on highways within a city or town excluding interstate or other limited access divided highways §46.2-875

35 MPH on non-surface treated highways §46.2-873.1

25 MPH in a business or residential district §46.2-874

Posted (Maximum) Speed Limit: I. Based on traffic engineering investigations, the Commonwealth Transportation Commission or other authority may either (1) decrease the speed limits established under §46.2-870 or (2) increase or decrease the speed limits established under §§46.2-873 through 46.2-875 on any highway under its jurisdiction.2 §§46.2-873.1 & 46.2-878

II. Based on an investigation, the Commonwealth Transportation Commission may establish a safe maximum speed limit for public bridges, causeways,

viaducts or tunnels. §46.2-881

III. A town with population between 14,000 and 15,000 may prohibit driving ³ 20 MPH in excess of the speed limit in a residence district. §46.2-874.1

Basis for a Speed Law Violation : (continued)

IV. A city with a population between 9,000 and 11,000 may prohibit motor vehicle operations at a speed >15 MPH in excess of the maximum speed limit in a residence district. §46.2-874.1

Minimum Speed Limit: I. No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. §46.2-877

II. A person driving at less than the normal speed of traffic shall drive in the lane nearest the right edge or right curb of the highway when such lane is available for travel. There is an exception to this requirement if the right lane of a particular highway has been reserved for slow-moving traffic. §46.2-804(1)

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, either the State or a local government may establish a minimum speed for a highway. §46.2-877

Other: I. (1) On any highway where the maximum speed limit is £ 55 MPH, the maximum speed limit for a school bus is either 45 MPH or the “minimum speed allowable” whichever is greater; (2) On any interstate highway or other highway where the speed limit is >55 MPH, the maximum speed limit for a school bus is 55 MPH; (3) A school bus cannot be driven >35 MPH when taking on or discharging children between the first and last stop (not including the school). §46.2-871

II. On highways with a speed limit ³ 55 MPH, vehicles operating under a special permit issued by the Commonwealth Transportation Commissioner under §46.2-1139 cannot be driven >55 MPH. §46.2-872

III. The maximum speed limit in a school-crossing zone is 25 MPH. Acting on a school board resolution, a local government, via an ordinance, may decrease the speed limit in any school-crossing zone to 15 MPH. §46.2-873

IV. Special speed limits may be established for highway work zones when workers are present. §46.2-878.1

V. The maximum speed for passenger vehicles that are towing utility, camping or boat trailers having gross weight of £ 2,500 lbs. shall be the same as for other passenger vehicles. §46.2-876

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: A Violation of the Basic Speed Rule is a Class 1 Misdemeanor. §§46.2-861 & 46.2-868. All Other Speed Law Violations are Traffic Infractions. §§46.2-113, 46.2-873, 46.2-878.1 & 46.2-878.2

Other: A violation of §46.2-874.1 is a Civil Penalty.

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): Class 1 Misdemeanor-Not more than 12 months. §18.2-11(a)

Traffic Infraction -None.

Mandatory Minimum Term: None

Fine:

Amount ($ Range): Class 1 Misdemeanor-Not more than $2,500. §18.2-11(a)

Traffic Infraction -Not more than $200.3 §§46.2-113 & 46.2-878.24

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: The court or licensing agency may order an offender to attend a Driver Improvement Clinic. §§46.2-498 & 46.2-505

Other: Important: If a person exceeds the speed limit by 15 MPH or more while driving a vehicle designed to transport property and which has a gross weight rating of ³ 26,001 lbs. inclusive of a towed vehicle with a gross weight rating ³ 10,000 lbs., the fine is not more than $500 in addition to any other sanction. §§46.2-113 & 46.2-341.20

Licensing Action:

Type of Licensing Action

(Susp/Rev): I. Class 1 Misdemeanor Offense-Suspension. §46.2-392

II. Suspension via a Point System.5 §§46.2-492 et seq.

Sanctions Following an Adjudication of a Speed Law Violation :

(continued)

Term of License Withdrawal

(Days, Months, Years, etc.): I. Class 1 Misdemeanor Offense-10 days to 6 months. §46.2-392

II. Suspension via a Point System-90 days or until the offender completes a driver improvement clinic. §§46.2-506(B)

Mandatory Minimum Term of

Withdrawal: I. Class 1 Misdemeanor Offense-None. §46.2-392 Note: This court action is discretionary. In addition, if the court orders suspension, it may, nevertheless, issue an offender restricted driving privileges for employment, educational or medical purposes. §46.2-392

II. Suspension via a Point System-90 days or until the offender completes a driver improvement clinic. §§46.2-506(B). Note: This licensing action appears to be mandatory.

Miscellaneous Sanctions

Not Included Elsewhere: I. Mandatory Civil Penalty of $100 for violating §46.2-874.1

II. A Civil Penalty of $100 in addition to any other penalty provided by law for violating §46.2-874.1

Other Criminal Actions Related to Speeding :

Racing on Highway6 : Class 1 Misdemeanor. §§46.2-865 & 46.2-868

Sanctions:

Criminal Sanction:

Imprisonment (Term): Not more than 12 months. §18.2-11(a)

Mandatory Minimum Term: None.

Fine ($ Range): Not more than $2,500. §18.2-11(a)

Mandatory Minimum Fine: None.

Administrative Licensing Action:

Licensing Authorized and

Type of Action: 1st, 2nd & 3rd offense-Suspension §46.2-865; 4th offense-Revocation. §46.2-394

Length of Term of

Licensing Withdrawal: Suspension-6 months to 2 years §46.2-865;

Other Criminal Actions Related to Speeding :

(continued)

Revocation-5 years. §46.2-394

Mandatory Action‑‑Minimum

Length of License

Withdrawal: Suspension-6 months §46.2-865; Revocation-5 years. §46.2-394. Note: These licensing actions appear to be mandatory.

Other: I. If the offense occurred as a result of a race that was prearranged, organized or planned, the vehicle used and owned by an offender must be forfeited to the State. §46.2-867

II. The court or licensing agency may order an offender to attend a Driver Improvement Clinic. §§46.2-498 & 46.2-505

III. An offender also accumulates points for this offense.

Exceeding the Speed Limit7: Class 1 Misdemeanor. §§46.2-862 & 46.2-868

Sanctions:

Criminal Sanction:

Imprisonment (Term): Not more than 12 months. §18.2-11(a)

Mandatory Minimum Term: None

Fine ($ Range): Not more than $2,500. §18.2-11(a)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: I.Suspension via Court Order. §46.2-393

II. Suspension via a Point System. §§46.2-492 et seq.

Length of Term of

Licensing Withdrawal: I. Suspension via Court Order-60 days to 6 months. §46.2-393

II. Suspension via a Point System-90 days or until the offender completes a driver improvement clinic. §§46.2-506 (B)

Mandatory Action‑‑Minimum

Length of License

Withdrawal: I. Suspension via Court Order-None. Note: This licensing action is discretionary with the court.

II. Suspension via a Point System-90 days or until the offender completes a driver improvement clinic. §§46.2-506(B). Note: This licensing action appears to be mandatory.

Other: The court or licensing agency may order an offender to attend a Driver Improvement Clinic. §§46.2-498 & 46.2-505

Other Criminal Actions Related to Speeding :

(continued)

Reckless Driving8 : Class 1 Misdemeanor. §§46.2-852, 46.2-8649 & 46.2-868

Sanction:

Criminal:

Imprisonment (Term): Not more than 12 months. §18.2-11(a)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): Not more than $2,500. §18.2-11(a)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): I.Suspension via Court Order. §46.2-392

II. Suspension via a Point System. §§46.2-492 et seq.

Length of Term of License

Withdrawal Action: I. Suspension via Court Order-10 days to 6 months.10 §46.2-392

II. Suspension via a Point System-90 days or until the offender completes a driver improvement clinic. §46.2-506 (B)

Mandatory Term of License

Withdrawal Action: I. Suspension via Court Order-None. Note: This court action is discretionary. In addition, if the court orders suspension, it may, nevertheless, issue an offender restricted driving privileges for employment, educational or medical purposes. §46.2-392

II. Suspension via a Point System-90 days or until the

offender completes a driver improvement clinic. §§46.2-506(B). Note: This licensing action appears to be mandatory.

Other: I. If the offender has caused the death of another person, the discretionary suspension period is not more than 12 months. §46.2-396

II. The court or licensing agency may order an offender to attend a Driver Improvement Clinic. §§46.2-498 & 46.2-505

III. If a driver commits one or more of several listed violations, he/she is guilty of aggressive driving which carries the sanction of a Class 1 misdemeanor (6 mo. jail and/or $1,000) or a Class 2 misdemeanor (12 mo. jail and/or $2,500) if committed with intent to injure another. §46.1-868.1(a) & (b)

Other Criminal Actions Related to Speeding :

(continued)

IV. If a person commits reckless driving while driving a vehicle designed to transport property and which has a gross weight rating of ³ 26,001 lbs. inclusive of a towed vehicle with a gross weight rating ³ 10,000 lbs., the fine is not more than $500 in addition to any other sanction. §§46.2-113 & 46.2-341.20

Improper Driving11 : Traffic Infraction. §46.2-869

Sanction:

Criminal:

Imprisonment (Term): None

Mandatory Minimum Term

of Imprisonment:

Fine ($ Range): Not more than $500. §46.2-869

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System. §§46.2-492 et seq.

Length of Term of License

Withdrawal Action: Suspension via a Point System-90 days or until the offender completes a driver improvement clinic. §§46.2-506 (B)

Mandatory Term of License

Withdrawal Action: Suspension via a Point System-90 days or until the offender completes a driver improvement clinic.

§§46.2-506(B). Note: This licensing action appears to be mandatory.

Other: The court or licensing agency may order an offender to attend a Driver Improvement Clinic. §§46.2-498 & 46.2-505

Commercial Motor Vehicle (CMV) Operators12 :

Grounds for Disqualification : A person is disqualified from operating a CMV if while driving such a vehicle he/she either (1) commits 2 "serious traffic violations"13 within a 3-year period or

Commercial Motor Vehicle (CMV) Operators

(continued)

(2) commits 3 such violations within a 3-year period. §46.2-341.20(B)

Period of Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §46.2-341.20(B)

Period of Mandatory Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §46.2-341.20(B)


1 Driving too fast for conditions is a reckless driving offense. §46.2-861

2 The Commonwealth Transportation Commissioner may establish different speed limits for different times of the day. §46.2-878. However, Virginia law does not specifically state whether different speed limits may be established for different types of vehicles or for various weather conditions.

3 The fine for exceeding the maximum posted speed limit in a work zone is not more than $500. §46.2-878.1. Likewise, the fine for exceeding either the 25 or 15 MPH speed limit in a school crossing zone is not more than the $250. §46.2-873(E)

4 Sec. 46.2-878.2 makes it a traffic infraction with fine of not more than $200 to exceed the maximum posted speed limit on certain specially signed highways in residential districts. These signs must indicate both the maximum allowable speed and the penalty imposed for speeding. The State must develop criteria for the installation of such signs.

5 Point System: I. An offender's license is subject to suspension if he/she accumulates 18 points within 12 months or 24 points within 24 months. §46.2-506. II. The following points have been assigned to speeding and speed related offenses: reckless driving (includes all violations noted to be reckless driving offenses)-6 points; speeding ³ 20 MPH above the speed limit-6 points; racing on the highway-6 points; speeding 10 to 19 MPH above the speed limit-4 points; speeding generally (no speed indicated)-4 points; speeding in vehicles with special permits or while towing anther vehicle-4 points; speeding in a school crossing, a business/residential district, a city or town, on a bridge or in a work zone-4 points; aggressive driving-4 points; improper driving-3 points; impeding traffic-3 points; and, speeding 1 to 9 MPH above the speed limit-3 points. §46.2-492. III. Persons under 18 years old who receive points are subject to the following sanctions: For a 1st violation where points have been assigned, the person shall be directed to attend a driver improvement clinic. For a 2nd violation where points have been assigned, the person shall have his/her driving privileges suspended for 90 days. For a 3rd violation where points have been assigned, the person shall have his/her driving privileges revoked for either 1 year or until they reach 18 years old whichever is the longer revocation period. §46.2-334.01(A)(1), (2) & (3). Comment: The provisions of §46.2-334.01 appear to have superseded those of §46.2-498 et seq. with regard to offenders <18 years old. In addition, the regulations (24 VAC 20-30-10 et seq.) that promulgated the point system have been withdrawn due to changes in statutory law. No new regulations have been promulgated to replace them. Instead, the State has issued various informational documents that describe the present point system to the public.

6 Racing on the highways is a reckless driving offense. §46.2-865

7 The "Exceeding the Speed Limit" offense is a reckless driving offense and is defined to mean driving either (1) ³ 20 MPH over a posted speed limit of £ 30 MPH, (2) ³ 60 MPH where the posted speed limit is 35 MPH, (3) ³ 20 MPH over a posted speed limit of ³ 40 MPH or (4) ³ 80 MPH regardless of the posted speed limit. §46.2-862

8 In this State, "reckless driving" is defined as driving "a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person." §46.2-852. Important: Under Virginia law, the term "reckless driving offense" includes numerous moving violations.

9 Under §46.2-864, a person commits a reckless driving offense if he/she operates a "motor vehicle at a speed or in a manner so as to endanger the life, limb, or property of any person" on a church, school, recreational facility, business property open to the public or the public parking space of an industrial establishment.

10 For a violation of §46.2-864, the discretionary suspension period is 60 days to 6 months. §46.2-393

11 The court or an attorney for the commonwealth may reduce any reckless driving offense to improper driving if "the degree of culpability is slight." §46.2-869. Important: Under Virginia law, "improper driving" is not a defined crime. As such, law enforcement officers do not charge a person with this offense. Instead, a driver is normally charged with an offense which has been "labeled" as "reckless driving" and, if the circumstances warrant, the court reduces such charge to "improper driving" for sentencing purposes.

12 A 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 ³ 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. §46.2-341.

13 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §46.2-341.20(A)(1) & (2)

JURISDICTION: VERMONT

This chapter summarizes Vermont State statutes related to speed.

General Reference: Vermont Statutes Annotated

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, having regard for the actual and potential hazards then existing. Title 23, §1081(a)

Statutory Speed Limit: 50 MPH on any highway. Title 23, §1081(b)

See Other below.

Posted (Maximum) Speed Limit: I. The State may establish via regulations1 speed limits for interstate, limited-access and controlled-access highways. The speed limits that are established via regulation can be greater or less than the above statutory speed limit. Title 23, §§1004(a) & 1081(c)

II. Based on engineering and traffic investigations, the State may increase or decrease the above speed limit on non-interstate highways.2 Title 23, §§1003 & 1081(c)

III. Based on engineering and traffic investigations, a municipal or city government may increase or decrease the above speed limit on highways or streets under its jurisdiction. However, no speed limit shall be >50 MPH or <25 MPH. Title 23, §§1007(a) & (b) and 1081(c)

IV. Without an engineering and traffic investigation, a municipal government may establish a speed limit on all or a portion on any unpaved highway within its jurisdiction at not more than 50 MPH or less than 35 MPH. Title 23, §1007(a). Note: Although a formal engineering and traffic investigation is not required, the law does provide that the municipality consider “neighborhood character, abutting land use, bicycle and pedestrian use and physical characteristics of the highways....”Title 23, §1007(a)(1)

V. Based upon an investigation, the State may establish a safe maximum speed for any bridge or elevated structure. Title 23, §1083(b) & (c)

Basis for a Speed Law Violation : (continued)

Minimum Speed Limit: I. Although this State does not have a minimum speed rule, it does have a statute that requires a person who is impeding traffic to "pull off the highway at the first opportunity to allow the traffic to pass before proceeding." Title 23, §1082

II. A person driving at less than the normal speed of traffic shall drive in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway. Title 23, §1031(b) & 1082.

Posted (Minimum) Speed Limit: Note: Via signs, “specified traffic” (e.g., slower moving traffic) may be directed to use designated lanes. Title 23, §1038(3)

Other: I. A local government may establish special speed limits via regulations for construction zones or for special occasions. Title 23, §§1010 & 1081(c)

II. A person shall not drive a vehicle that is equipped with iron, steel or sold rubber tires >10 MPH. Title 23, §1083(a)

III. No person shall tow a trailer3 >35 MPH. Title 23, §1083(d)

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Traffic Violations and are Considered Civil Actions. Title 23, §2302(a) & (b)

Other:

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): None

Mandatory Minimum Term:

Fine:

Amount ($ Range): Not more than $1000.4 Title 23, §2302(b) & (c)

Not more than $50 for exceeding the maximum safe speed for a bridge or elevated structure. Title 23, §§1083(b) &1096(a)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: An offender may be required to attend a driver retaining course. Title 23, §§721 & 722

Other:

Sanctions Following an Adjudication of a Speed Law Violation :

(continued)

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System.5 Title 23, §2501 et seq.

Term of License Withdrawal

(Days, Months, Years, etc.): ³ 30 days. Title 23, §2506

Mandatory Minimum Term of

Withdrawal: Suspensions under the Point System appear to be mandatory. Title 23, §2506

Miscellaneous Sanctions

Not Included Elsewhere: The penalty for speed violations in construction and maintenance work zones shall be twice the penalty for non-work site violations. Title 23, §1010(b)

Other Criminal Actions Related to Speeding :

Excessive Speed6 : Misdemeanor. Title 13, §1 & Title 23, §1097

Sanctions:

Criminal Sanction:

Imprisonment (Term): 1st offense-Not more than 3 months; 2nd offense-Not more than 6 months. Title 23, §1097

Mandatory Minimum Term: None

Fine ($ Range): 1st offense-Not more than $300; 2nd offense-Not more than $500. Title 23, §1097

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension via a Point System. Title 23, §2501 et seq.

Length of Term of

Licensing Withdrawal: ³ 30 days. Title 23, §2506

Mandatory Action‑‑Minimum

Length of License

Withdrawal: Suspensions under the Point System appear to be mandatory. Title 23, §2506

Other Criminal Actions Related to Speeding :

(continued)

Other: An offender may be required to attend a driver-retraining course. Title 23, §§721 & 722

Negligent Motor Vehicle Operation7 : Misdemeanor. Title 13, §1 & Title 23, §1091(a)(3)

Sanctions:

Criminal Sanction:

Imprisonment (Term): 1st offense-Not more than 1 year; Subsequent offense-Not more than 2 years. Title 23, §1091(a)(3)

Mandatory Minimum Term: None

Fine ($ Range): 1st offense-Not more than $1,000; Subsequent offense-Not more than $3,000. Title 23, §1091(a)(3)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspensio8n. 505 Title 23, §2506

Length of Term of

Licensing Withdrawal: 1st offense-30 days; 2nd offense-90 days; Subsequent offense-6 months. . Title 23, §2506

Mandatory Action‑‑Minimum

Length of License

Withdrawal: 1st offense-30 days; 2nd offense-90 days; Subsequent offense-6 months. Title 23, §2506 Note: These suspensions appear to be mandatory.

Other: An offender may be required to attend a driver - ret r aining course. Title 23, §§721 & 722

Grossly Negligent Motor Vehicle Operatio9n 506 : 1st offense-Misdemeanor; Subsequent offense-Felony; Offense Involving Either Serious Bodily Injury or Death-Felony. Title 13, §1 & Title 23, §1091(b)(3)

Sanctions:

Criminal Sanction:

Imprisonment (Term): 1st offense-Not more than 2 years; Subsequent offense-Not more than 4 years; Offense Involving either Serious Bodily Injury or Death-Not more than 15 years. Title 23, §1091(b)(3)

Mandatory Minimum Term: None

Fine ($ Range): 1st offense-Not more than $5,000; Subsequent offense-Not more than $10,000; Offense Involving either Serious Bodily Injury or Death-Not more than $15,000. Title 23, §1091(b)(3)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension. Title 23, §2506

Length of Term of

Licensing Withdrawal: 1st offense-30 days; 2nd offense-90 days; Subsequent offense-6 months. Title 23, §2506

Mandatory Action‑‑Minimum

Length of License

Withdrawal: 1st offense-30 days; 2nd offense-90 days; Subsequent offense-6 months. Title 23, §2506 These suspensions appear to be mandatory.

Other: I. An offender may be required to attend a driver- retraining course. Title 23, §§721 & 722

II. Surcharge: In addition to any fine sanction, there is a surcharge of $50 that is used to fund drunk-driving law enforcement. Title 23, §1091(d)

Commercial Motor Vehicle (CMV) Operator10s 507 :

Grounds for Disqualification : A person is disqualified from operating a CMV if while driving such a vehicle he/she either (1) commits 2 "serious traffic violations 50811 " within a 3-year period or (2) commits 3 such violations within a 3-year period. Title 23, §4116(d)

Period of Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. Title 23, §4116(d)

Period of Mandatory Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. Title 23, §4116(d)


1 These regulations are promulgated only after formal public notices and hearings. Title 23, §1004(a). Note: Unlike non-interstate highways, Vermont law does not specifically state whether for interstate, limited-access or controlled-access highways, different speed limits may be established either for different types of vehicles, for various weather conditions or for different times of the day.

2 On these highways, different speed limits may be established (1) for different types of vehicles (e.g, persons who operate certain types of trucks may be required to drive at a slower speed than those who operate other types of motor vehicles), (2) for different times of the day, (3) for various weather conditions and (4) for other factors bearing on safe speeds. Title 23, §1003

3 This applies only to trailers that are exempt from certain weight requirements of Title 23, §1307.

4 Speeding offense penalties are normally determined via a waiver schedule established by the Judicial Bureau. Title 4, §1102(b)(1) & (d)

5 Point System: I. An offender is subject to license suspension if he/she accumulates at least 10 points within a 2-year period. Title 23, §2505 The following suspension periods are imposed for the indicated point accumulations: 10 day suspension for 10 points; 30 days suspension for 15 points; 90 day suspension for 20 points: an additional 30 day suspension for each additional 5 points. Title 23, §2506 II. The following points have been assigned to speeding and speed-related offenses: violation of regulations governing speed on interstate highways-2 points; violation of basic speed rule and maximum speed limit-2 points; violation of slow moving vehicle law/driving at less than the normal speed of traffic and except in the right lane-2 points; violation of special speed limits under Title 23, §1083-2 points; negligent vehicle operation-10 points; exceeding the posted State or local speed limit by <10 MPH-2 points; exceeding the posted State or local speed limit by >10 but £ 20 MPH-3 points; exceeding the posted State or local speed limit by >20 but £ 30 MPH-5 points; and, exceeding the posted State or local speed limit by >30 MPH-8 points. Title 23, §2502

6 "Excessive speed" is defined as operating a motor vehicle either >60 MPH or >30 MPH "in excess of a state speed zone or local speed limit." Title 23, §1097

7 The standard for "negligence" is "ordinary negligence" using the usual standard "of duty to exercise ordinary care." Title 23, §1091(a)(2)

8 Suspension can also be via the Point System. Licensing action under this system must be imposed if it would result in a longer suspension periods. Title 23, §2506

9 "Gross negligence" is defined as "conduct that involved a gross deviation from the care that a reasonable person would have exercised in that situation." Title 23, §1091(b)(2)

10 A 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 ³ 26,001 lbs., is designed to transport more than 15 persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. Title 23, §4103(4)

11 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or careless or negligent driving. Title 23, §4103(16)(A) & (B)

JURISDICTION: WASHINGTON

This chapter summarizes Washington State statutes related to speed.

General Reference: Revised Code of Washington Annotated and Washington Administrative Code (WAC)

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 then existing.1 §46.61.400(1) & (3)

Statutory Speed Limit: 60 MPH on State highways §46.61.400(2)(c) Important: See "II" below under Posted (Maximum) Speed Limit

See Other below. below.

50 MPH on county roads §46.61.400(2)(b)

25 MPH on city or town streets §46.61.400(2)(a)

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State Secretary of Transportation may decrease the above speed limits on any State highway.2 §46.61.405

II. Based on engineering and traffic investigations, the State Secretary of Transportation may increase the above speed limits on any State highway. However, a posted speed limit cannot be >70 MPH. §46.61.410(1)(a)

III. Based on engineering and traffic investigations, a local government may increase or decrease the above speed limits on streets and roads under its jurisdiction. However, a posted speed limit cannot be established >60 MPH or <20 MPH. §46.61.415(1) & (2)

IV. The State Secretary of Transportation or a local government may establish maximum speed limits for bridges, elevated structures, tunnels or underpasses within their respective jurisdictions. §46.61.450

V. 15 MPH in State park camps, picnic, headquarters or general public assemblage areas or 25 MPH in other park areas. WAC 352-20-030

Minimum Speed Limit: I. No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. §46.61.425(1)

II. No person shall drive continuously in the left lane of a

Basis for a Speed Law Violation : (continued)

multi-lane roadway when doing so impedes the flow of traffic. §46.61.100(4)

III. When driving a vehicle on a highway having two or more lanes of traffic in the same direction, a person shall drive in the right-hand lane except when traveling at a speed greater than the traffic flow. §46.61.100(2)

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State Secretary of Transportation or a local government may establish a minimum speed limit for highways, streets or roads within their respective jurisdictions. §46.61.425(2)

Other: I. 60 MPH is the maximum speed limit for vehicles weighing >10,000 lbs.3

II. Except when a lower speed limit is authorized, the maximum speed limit in a marked school or playground crosswalk is 20 MPH. The speed zone extends 300 ft. in either direction of the marked crosswalk. §46.61.440(1)

III. A person cannot operate a vehicle that is equipped with solid rubber or hollow center cushion tires >10 MPH. §46.61.455

IV. The State Secretary of Transportation may establish a speed limit for any roadway construction zone via traffic control devices. §46.61.527(2)

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: Generally, Speed Law Violations are Traffic Infractions. §§46.61.100(4) & 46.63.020. Important: See Reckless Driving.

Other:

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): None

Mandatory Minimum Term:

Fine:

Amount ($ Range): Not more than $2504 §46.63.110(1)

Sanctions Following an Adjudication of a Speed Law Violation:

(continued)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: N/A

Other: I. For traffic infractions, an offender may be allowed to perform community service in lieu of a fine. §46.63.120(2)

II. Double Fines: There is a mandatory fine for exceeding the speed limit in a either a marked school/playground crosswalk or a construction zone which is double the normal amount. §§46.61.440(2) & 46.61.527(3)

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension Based Upon Frequent Violations5 §46.20.291(3)

Term of License Withdrawal

(Days, Months, Years, etc.): Not more than 1 year. §46.20.311(1)(a)

Mandatory Minimum Term of

Withdrawal: None. This licensing action is discretionary.6 §46.20.291. Note: If a person’s license is suspended, an occupational license is available. §46.20.391(2)

Miscellaneous Sanctions

Not Included Elsewhere: Public Safety and Education Assessment: In addition to any other fine, an offender is subject to two public safety and education assessments and 1 monetary penalty. The first assessment is equal to 60% of any fine imposed. The second is equal to 50% of the first. The third is a fixed penalty of $10. (This penalty does not apply to speeding offenses in construction zones.) §§3.62.090(1) & (2) and 46.63.110(8)

Other Monetary Penalties: An offender is also subject to a $5 fee that is used to support the emergency medical

services and trauma case system. §46.63.110(7)

Other Criminal Actions Related to Speeding :

Racing on Highway7 : Gross Misdemeanor §§46.61.500(1) & 46.61.530

Sanctions:

Criminal Sanction:

Imprisonment (Term): Not more than 1 year. §46.61.500(1)

Mandatory Minimum Term: None

Fine ($ Range): Not more than $5,000. §46.61.500(1)

Other Criminal Actions Related to Speeding :

(continued)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension. §46.61.500(2); 3rd offense (within 2 years)-Revocation. §46.20.285(7)

Length of Term of

Licensing Withdrawal: Suspension-30 days to 1 year §§46.61.500(2) & 46.20.311; 3rd offense (within 2 years)- Revocation-2 years. §§46.20.285(7) & 46.20.311(2)

Mandatory Action‑‑Minimum

Length of License

Withdrawal: Suspension-None8 §46.61.500(2); Revocation- 3rd offense (within 2 years)-2 years. §§46.20.285(7) & 46.20.311(2)

Other: I. There is a penalty assessment of $500. §7.68.035(1)(a) & (2)

II. Public Safety and Education Assessment: In addition to any other fine, an offender is subject to two public safety and education assessments. The first assessment is equal to 60% of any fine imposed. The second is equal to 50% of the first. §3.62.090(1) & (2)

Reckless Driving9 : Gross Misdemeanor. §46.61.500(1)

Sanction:

Criminal:

Imprisonment (Term): Not more than 1 year. §46.61.500(1)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): Not more than $5,000. §46.61.500(1)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension §46.61.500(2); 3rd offense (within 2 years)-

Revocation . §46.20.285(7)

Length of Term of License

Withdrawal Action: Suspension-30 days to 1 year §§46.61.500(2) & 46.20.311; 3rd offense (within 2 years)- Revocation-2 years. §§46.20.285(7) & 46.20.311(2)

Mandatory Term of License

Withdrawal Action: Suspension-None §46.61.500(2); Revocation- 3rd offense (within 2 years)-2 years. §§46.20.285(7) & 46.20.311(2)

Other: I.Penalty Assessment: There is a mandatory penalty

Other Criminal Actions Related to Speeding :

(continued)

assessment of $500. §7.68.035(1)(a) & (2)

II. Public Safety and Education Assessment: In addition to any other fine, an offender is subject to two public safety and education assessments. The first assessment is equal to 60% of any fine imposed.

III. Reckless Endangerment of Roadway Workers: It is a gross misdemeanor to drive a vehicle in a roadway construction zone in such a manner as to endanger or is likely to endanger any persons or property. The sanctions for this offense are imprisonment in the county jail for not more than 1 year and/or a fine of not more than $5,000. In addition, the offender’s driving privileges are suspended for a mandatory period of 60 days. §§9A.20.021(2) and 46.61.527(4) & (5)

Negligent Driving10 : Traffic Infraction. §46.61.525(1)(a) & (c)

Sanction:

Criminal:

Imprisonment (Term): None

Mandatory Minimum Term

of Imprisonment:

Fine ($ Range): Not more than $250. §46.61.525(1)(c)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension Based Upon Frequent Violation. 46.20.291(3)

Length of Term of License

Withdrawal Action: Not more than 1 year. §46.20.311(1)

Mandatory Term of License

Withdrawal Action: None. This licensing action is discretionary. §46.20.291. Note: If a person’s license is suspended, an occupational license is available. §46.20.391(2)

Other: I. For traffic infractions, an offender may be allowed to perform community service in lieu of a fine. §46.63.120

II. Public Safety and Education Assessment & Penalty: In addition to any other fine, an offender is subject to two public safety and education assessments. The first assessment is equal to 60% of any fine imposed. The second is equal to 50% of the first. The third is a fixed penalty of $10. §§3.62.090(1) & (2) and 46.63.110(7)

III. Other Monetary Penalties: An offender is also subject to a $5 fee that is used to support the emergency medical services and trauma case system. §46.63.110(6)

Commercial Motor Vehicle (CMV) Operators11 :

Grounds for Disqualification : A person is disqualified from operating a CMV, if within a 3-year period, while driving such a vehicle he/she either (1) commits 2 "serious traffic violations"12 or (2) commits 3 such violations. §46.25.090(5)

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. §46.25.090(5)

Period of Mandatory Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §46.25.090(5)


1 In addition, persons are required to exercise "due care and caution" when operating a motor vehicle. §46.61.445 Also, in a State park, a person shall not operate a motor vehicle at a speed greater than is reasonable and prudent, having due regard for the traffic, and the surface and width of the road, and in no event at a speed which endangers the safety of persons, property, or wildlife. WAC 352-20-030

2 I. The State Secretary of Transportation has the authority to alter speed limits on State highways even if such highways are within the limits of a town or city. §46.61.430. In order to avoid a conflict of authority, a city or town desiring to alter a speed limit on a State highway within their jurisdiction must obtain approval from the Secretary for such alteration. §46.61.415(5). II. The State Secretary of Transportation also has the authority to establish different highway speed limits (1) for different types of vehicles (e.g., persons who operate certain types of trucks may be required to drive 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. §46.61.405

3 Based on engineering and traffic investigations, the State Secretary of Transportation may establish a lower speed limit for these vehicles. §§46.61.405 & 46.61.410(2)

4 Fine Schedule: The State Supreme Court is required to establish a monetary penalty schedule for traffic infractions. §46.63.110. Under this law, the court has established the following fines for speeding offenses: I. For speed limits >40 MPH, the following fine schedule applies: 1 to 5 MPH over the speed limit-$22; 6 to 10 MPH over the speed limit-$32; 11 to 15 MPH over the speed limit-$47; 16 to 20 MPH over the speed limit-$62; 21 to 25 MPH over the speed limit-$77; 26 to 30 MPH over the speed limit-$97; 31 to 35 MPH over the speed limit-$122; 36 to 40 MPH over the speed limit-$147; >40 MPH over the speed limit-$177. II. For speed limits £ 40 MPH , the following fine schedule applies: 1 to 5 MPH over the speed limit-$32; 6 to 10 MPH over the speed limit-$37; 11 to 15 MPH over the speed limit-$52; 16 to 20 MPH over the speed limit-$72; 21 to 25 MPH over the speed limit-$97; 26 to 30 MPH over the speed limit-$122; 31 to 35 MPH over the speed limit-$147; >35 MPH over the speed limit-$177. III. The following fine schedule applies for other speeding and other related offenses: speeding too fast for conditions-$37; impeding traffic-$37; speeding in State parks-$37; and, on a multilane highway, failure to drive in the right lane except when traveling at a speed greater than the traffic flow-$37. Washington Court Rule 6.2

5 Licensing action is based upon frequent traffic law violations that indicate disrespect for these laws. §46.20.291(3). A person is considered a frequent violator of the traffic laws if he/she commits 4 traffic offenses within 12 months or 5 such offenses within 24 months. WAC 308-104-035

6 In lieu of suspension, the licensing agency may place the offender on probation on such terms as it considers appropriate. §46.20.335. In addition, if the offender's license has been suspended, he/she may be eligible for occupational driving privileges. §46.20.391

7 Racing on the highways is considered a reckless driving offense. §46.61.530

8 An offender is eligible for occupational driving privileges. §46.20.391(1). However, such privileges are not available if the offender has had a previous offense that requires mandatory suspension or revocation within 1 year. §46.20.391(3)(a)

9 Exceeding the maximum lawful speed limit is prima facie evidence of reckless driving. §46.61.465 & State v. Amurri, 753 P.2d 540 (Wash. App. 1988). In addition, it is unlawful for any person to operate a motor vehicle while embracing another individual if such would prevent the free and unhampered operation of the vehicle. A violation of this prohibition is prima facie evidence of reckless driving. §46.61.665

10 Negligent driving (second degree) is defined as operating "a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property." §46.61.525(1)(a) The term "negligent" is defined to mean "the failure to exercise ordinary care, and is the doing of some act that a reasonable careful person would not do under the same or similar circumstances or the failure to do something that a reasonably careful person would do under the same or similar circumstances." §46.61.525(2)

Important: A person commits negligent driving in the first degree, a misdemeanor, if (1) he/she operates a motor vehicle in a negligent manner likely to endanger persons or property, and (2) he/she exhibits the effects of having consumed alcohol or an illegal drug. It is a defense to this offense if the person had a valid prescription for the drug consumed and had been consuming it according to prescription directions and warnings. The sanctions for this offense are a jail term of not more than 90 days and/or a fine of not more than $1,000. In addition, there is a mandatory penalty assessment of $250. §§7.68.035(1)(a) & (2), 9A.20.010(2), 9A.20.021(3), and 46.61.5249

11 A 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 ³ 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. §46.25.010(6)

12 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §46.25.010(16)(a) & (b)

JURISDICTION: WISCONSIN

This chapter summarizes Wisconsin State statutes related to speed.

General Reference: Wisconsin Statutes Annotated and Wisconsin Administrative Code (WAC)

Basis for a Speed Law Violation :

Basic Speed Rule: No person may drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing. §346.57(2)

Statutory Speed Limit: 65 MPH on any freeway or expressway when posted §346.57(4)(gm)

See Other below. 55 MPH on highways not posted §346.57(4)(h)

45 MPH on designated rustic roads §346.57(4)(k)

35 MPH on highways within semi-urban district outside city or village corporate limits §346.57(4)(g)

35 MPH on outlying district highways within city or village corporate limits §346.57(4)(f)

35 MPH on certain highway in business, industrial and residential districts §346.57(4)(j)

25 MPH on service roads with city or village corporate limits §346.57(4)(em)

25 MPH on other highways within city or village corporate limits §346.57(4)(e)

15 MPH in an alley §346.57(4)(d)

15 MPH in a safety zone occupied by pedestrians and where a “public passenger vehicle” has stopped to receive or discharge passengers §346.57(4)(c)

15 MPH in a "school crossing" §346.57(4)(b)

15 MPH when passing a school during times when children are either going to or from a school or when children "are playing within the sidewalk area at or about the school" §346.57(4)(a)

15 MPH in town parks or recreation area when children are going to or from or playing within such areas §346.57(4)(i)

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State may increase or decrease the above speed limits on highways under its jurisdiction. However, no speed limit can be >65 MPH on freeways or expressways or 55 MPH on other highways.1 §§346.57(5) and 349.11(1)(a), (2)(a), (8)(a) & (8m)

II. Based on engineering and traffic investigations, a local government may increase or decrease the above speed limits on highways under its jurisdiction. However, no

Basis for a Speed Law Violation : (continued)

speed limit can be >55 MPH.2 §§346.57(5) and 349.11(1)(a), (3)(a) & (8m)

Posted (Maximum) Speed Limit: Note: State or local government maximum speed limits established under either I or II above must be uniformly applicable to all types of motor vehicles. However, there is an exception. A lower speed limit may be established for vehicles that, because of their weight or size, are operating under a special permit. §349.11(8)(c) & (8m)(c)

III. Based on an investigation, the State may establish safe maximum speed limits on bridges, causeways, viaducts or other structures. §349.11(4)

IV. Local governments may establish temporary speed limits on highways that are under going construction or maintenance. §349.11(10)

Minimum Speed Limit: I. No person shall drive a motor vehicle at a speed so slowly as to impede the normal and reasonable movement of traffic. §346.59(1)

II. A person driving at less than the normal speed of traffic shall drive in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway. §346.05(3)

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State may establish a minimum speed limit for State trunk highways. §349.11(1)(b). Note: specified traffic lanes may be designated for certain speeds. §346.13(3)

Other: No person shall drive a vehicle that is equipped with metal or solid rubber tires >15 MPH. §346.58

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Civil Forfeiture Offenses. §§346.17(2), 346.60 & 939.12

Other: N/A

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): None

Sanctions Following an Adjudication of a Speed Law Violation :

(continued)

Mandatory Minimum Term:

Fine:

Amount ($ Range): Violating the Basic Speed Law, School Area Speed Limits (See II under Other below.), Pedestrian/Passenger Safety Zone Speed Limits- 1st offense-$40 to $300; Subsequent offense-$80 to $600. §346.60(3)

Violating the 65 MPH Speed Limit -$50 to $300. §346.60(2)(b)

Violating Other Speed Limits3 -$30 to $300. §346.60(2)(a)

Violating the Minimum Speed Law (Impeding Traffic)- 1st offense-$20 to $40; Subsequent offense-$50 to $100. §346.60(1)

Failing to Maintain Speed Except in Right Lane -$30 to $300. §346.17(2)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: An offender may have points deducted from his/her driving record if he/she participates in driver improvement counseling, a traffic safety school, or a defensive driving course. WAC 101.07

Other: I. The above minimum and maximum fines (forfeitures) are double if the following offenses occur in a highway maintenance, construction area or utility work area: violating the basic speed law; exceeding the speed limit in an alley; or, exceeding the speed limit on highways or roads with 25 to 65 MPH speed limits.4 §346.60(3m)(a)

II. The above minimum and maximum fines (forfeitures) are double if a person violates the basic speed rule in a “designated” school zone (“school crossing”) or exceeds the speed limit in such a zone. This sanction applies on any type of highway (road). §§118.08(1) & 346.60(3m)(b)

Licensing Action:

Type of Licensing Action (Susp/Rev): Suspension via the Courts. §343.30(1) & (1n)

Suspension or Revocation: Based upon repeated violation of the traffic laws via a Point System.5

Sanctions Following an Adjudication of a Speed Law Violation :

(continued)

§343.32(2)(a)

Term of License Withdrawal

(Days, Months, Years, etc.): Suspension via the Courts: (1) For speeding ³ 25 MPH over the 65 or 55 MPH speed limit-15 day suspension. §343.30(1n). (2) For other violations-Not more than 1 year. §343.30(1)

Suspension or Revocation via a Point System-2 months to 1 year. §343.32(3) & WAC Trans. 101.04

Mandatory Minimum Term of Withdrawal: Suspension via the Courts: (1) For speeding ³ 25 MPH over the 65 or 55 MPH speed limit-15 day suspension. §343.30(1n). (2) For other violations-None. Note: Licensing action is discretionary §343.30(1). Suspension or Revocation via a Point System- None. Note: A person is eligible for occupational driving privileges. §343.32(6)

Miscellaneous Sanctions

Not Included Elsewhere: Bicycle Operators: I. A person who exceeds the speed limit while operating a bicycle is subject to a Civil Forfeiture of not more than $20. §346.60(5)(a). II. A person who obstructs traffic while operating a bicycle is subject to a Civil Forfeiture of not more than $10. §346.60(5)(b)

Other Criminal Actions Related to Speeding :

Racing on Highway : Civil Forfeiture. §§346.94(2) & 346.95(2)

Sanctions:

Criminal Sanction:

Imprisonment (Term): None

Mandatory Minimum Term:

Fine ($ Range): $20 to $400. §346.95(2)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension via the Courts. §343.30

Suspension or Revocation: Based upon repeated violation of the traffic laws via a Point System. §343.32(2)(a)

Length of Term of

Licensing Withdrawal: Suspension via the Courts-Not more than 1 year. §343.30(1)

Suspension or Revocation via a Point System-2 months to 1 year. §343.32(3) & WAC Trans. 101.04

Mandatory Action‑‑Minimum

Length of License

Withdrawal: Suspension via the Courts-None. Note: Licensing action is discretionary. §343.30(1)

Other Criminal Actions Related to Speeding :

(continued)

Suspension or Revocation via a Point System-None. Note: A person is eligible for occupational driving privileges. §343.32(6)

Other: N/A

Reckless Driving6 : Civil Forfeiture, Misdemeanor or Felony. §§346.62(2), (3) & (4), 939.12 and 939.60

Sanction:

Criminal:

Imprisonment (Term): Endangering Persons or Property: 1st offense (Forfeiture)-None; Subsequent offense (within 4 years)(Misdemeanor)-Not more than 1 year in the county jail. §346.65(1)(b)

Causing Bodily Harm ( Misdemeanor)- 30 days to 1 year in the county jail. §346.65(3)

Causing Great Bodily Harm-Felony7-90 days to 2 years and 3 months. §346.65(5)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): Endangering Persons or Property: 1st offense (Forfeiture)-$25 to $200; Subsequent offense (within 4 years)(Misdemeanor)-Not more than 1 year in county jail. §346.65(1)(b)

Causing Bodily Harm (Misdemeanor)- $300 to $2,000. §346.65(3)

Causing Great Bodily Harm ( Felony)- $600 to $2,000. §346.65(5)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via the Courts. §343.30

Suspension or Revocation: Based upon repeated violation of the traffic laws via a Point System. §343.32(2)(a)

Causing Great Bodily Harm -Revocation. §343.31(1)(a)

Length of Term of License

Withdrawal Action: Suspension via the Courts-Not more than 1 year.

§343.30(1)

Suspension or Revocation via a Point System-2 months to 1 year. §343.32(3) & WAC Trans. 101.04

Causing Great Bodily Harm -1 year. §343.31(3)(a)

Other Criminal Actions Related to Speeding :

(continued)

Mandatory Term of License

Withdrawal Action: Suspension via the Courts-None. Note: Licensing action is discretionary. §343.30(1)

Suspension or Revocation via a Point System - None. Note: A person is eligible for occupational driving privileges. §343.32(6)

Causing Great Bodily Harm - 1 year. §343.31(3)(a)

Other: The above fines are double if the reckless driving offense occurs in a highway maintenance, construction area or utility work area. §346.65(5m)

Inattentive Driving8 : Civil Forfeiture. §§346.89(1) & 346.95(2)

Sanctions:

Criminal Sanction:

Imprisonment (Term): None

Mandatory Minimum Term:

Fine ($ Range): $20 to $400. §346.95(2)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension via the Courts. §343.30

Suspension or Revocation: Based upon repeated violation of the traffic laws via a Point System. §343.32(2)(a)

Length of Term of

Licensing Withdrawal: Suspension via the Courts-Not more than 1 year. §343.30(1)

Suspension or Revocation via a Point System-2 months to 1 year. §343.32(3) & WAC Trans. 101.04

Mandatory Action‑‑Minimum

Length of License

Withdrawal: Suspension via the Courts-None. Note: Licensing action is discretionary. §343.30(1)

Suspension or Revocation via a Point System-None. Note: A person is eligible for occupational driving privileges. §343.32(6)

Other: N/A

Commercial Motor Vehicle (CMV) Operators9 :

Grounds for Disqualification : A person is disqualified from operating a CMV if while driving such a vehicle he/she either (1) commits 2 "serious traffic violations"10 within a 3-year period or (2) commits 3 such violations within a 3-year period. §343.315(2)(f)

Period of Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §343.315(2)(f)

Period of Mandatory Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §343.315(2)(f)


1 In addition, the State cannot modify the maximum statutory speed of 15 MPH in a safety zone or the speed limit on the more than 2,000 miles of State trunk highways. §349.11(2)(b) & (c)

2 In addition, a local government cannot modify the maximum statutory speed of 15 MPH in a safety zone. §349.11(3)(b). Such government must obtain State approve to modify speed limits within corporate limits or within a semi-urban district outside corporate limits. In addition, it cannot reduce by 10 MPH (15 MPH on rustic roads) or less statutory speed limits without State approval. §349.11(3)(c)

3 This includes a violation of §346.58 which prohibits a person from driving a motor vehicle that is equipped with metal or solid rubber tires >15 MPH. §346.60(2)(a)

4 The “double fine” sanction for speeding in a construction zone does not apply (1) in certain 15 MPH school, park or safety zones, (2) on 35 MPH highways located in certain business, industrial or residential areas and (3) on 45 MPH highways which have been designated as rustic roads. §§346.(3m)(a) & 346.57

5 Point System: I. An offender's license is subject to either suspension or revocation for 2 months, 4 months, 6 months or 1 year if he/she accumulates respectively 12 to 16 points, 17 to 22 points, 23 to 30 points or >30 points within 12 months. WAC Trans. 101.04. II. The following points have been assigned to speeding to speed related offenses: racing on the highways-6 points; reckless driving-6 points; speeding ³ 20 MPH over the speed limit-6 points; imprudent speed or driving too fast for conditions-4 points; speeding >10 MPH but <20 MPH over the speed limit-4 points; inattentive driving-4 points; unnecessary acceleration-4 points; speeding £ 10 MPH over the speed limit-3 points; and obstructing traffic/driving excessively slowly-2 points. §343.32(2)(b) & WAC Trans. 101.02

6 "Reckless driving" is defined as driving a vehicle so as to (1) endanger the safety or any person or property via negligent operation, (2) cause bodily harm to another via negligent vehicle operation, or (3) cause great bodily harm to another via negligent vehicle operation. §346.62(2), (3) & (4)

7 If a crime is punishable by imprisonment in one of the State's prisons, it is a felony. §939.60

8 Inattentive Driving: Driving a motor vehicle while "so engaged or occupied as to interfere with the safe driving of such vehicle." §346.89(1)

9 A 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 ³ 26,001 lbs., is designed to transport 15 or more persons, or is transporting hazardous materials requiring that the vehicle be placarded. §340.01(8)

10 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §343.315(2)(f)(1) & (3)

JURISDICTION: WEST VIRGINIA

This chapter summarizes West Virginia State statutes related to speed.

General Reference: West Virginia Code and West Virginia Code of State Rules (CSR)

Basis for a Speed Law Violation :

Basic Speed Rule: No person may drive a vehicle at speed greater than is reasonable and prudent under the existing conditions and the actual and potential hazards. §17C-6-1(a)

Statutory Speed Limit: 55 MPH on open country highways, controlled-access highways and interstate highways. §17C-6-1(b)(3) & (d). Note: The law provides that the speed limit “shall be not be less than” 55 MPH for controlled-access and interstate highways. (or 65 MPH where posted). §17C-6-1(d)

25 MPH in a business or residential district §17C-6-1(b)(2)

15 MPH in a school zone1 §17C-6-1(b)(1)

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the Commissioner of Highways may increase or decrease the above speed limits on any interstate or State highway. §17C-6-2. Note: West Virginia law does not specifically state whether different highway speed limits may be established either for different types of vehicles, for various weather conditions or for different times of the day.

II. Based on engineering and traffic investigations, a local government may decrease the above speed limits at intersections.2 §§17C-2-8(a)(5) & (a)(10) and 17C-6-3(a)

III. Local governments may increase the above 25 MPH speed limit on highways within a business or residential district. However, no speed limit shall be >55 MPH. §17C-6-3(b)

IV. Based on engineering and traffic investigations, a local government may decrease the above 55 MPH

speed limit on open country highways outside a business or residential district. However, no limit shall be <35 MPH. §17C-6-3(c)

V. A local government may decrease the 25 MPH speed limit in a residential district. §17C-6-3(d)

VI. Based upon an investigation, the Commissioner of Highways may establish safe maximum speed limits for

bridges or elevated structures. §17C-6-5(b) & (c)

Minimum Speed Limit: I. No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement

Basis for a Speed Law Violation : (continued)

of traffic. §17C-6-3a(a)

Minimum Speed Limit: (continued) II. A person driving at less than the normal speed of traffic shall drive in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway. §17C-7-1(b)

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the “commissioner”3 or a local government may establish minimum speed limits for the highways under their respective jurisdictions. §17C-6-3a(b)

Other: I. The following speed limits apply to vehicles that are not designed to carry passengers and are equipped with pneumatic tires: 40 MPH on a county road, 25 MPH in a residential district and 20 MPH in a business district.4 §17C-6-4

II. A vehicle that is not equipped with pneumatic tires cannot be driven >10 MPH. §17C-6-5(a)

III. Speed limits must be posted for “construction zones.” §17C-3-4b(a)

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Misdemeanors. §§17C-6-1(e) & (f), 17C-3-4b, 17C-6-3a(c), 17C-6-5(e), 17C-6-4, 17C-7-(c) and 17C-18-1(a)

Other:

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): Basic Speed Rule Violation or Exceeding Speed Limit: 1st offense-None; 2nd offense (within 1 year)-None; 3rd or subsequent offense (within 2 years)-

None. Exception: 3rd or subsequent offense (within 2 years) where the offender exceeded the speed limit by ³ 15 MPH-Not more than 6 months. §17C-6-1(e)

Speeding <10 MPH Over the Speed Limit on a Controlled-Access or Interstate Highway:None.

Speeding in a School Zone:None. Exception: Exceeding the Speed Limit ³ 15 MPH when one or more children are in the school zone-Not more than 6 months. §17C-6-1(f)

Sanctions Following an Adjudication of a Speed Law Violation :

(continued)

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): (continued) Speeding in a Construction Zone: ³ 15 MPH Over the Speed Limit -Not more than 20 days. §17C-3-4b(c)

Violation of (1) the Minimum Speed Rule, (2) the Posted Minimum Speed Limit, (3) the Speed Limit for Vehicles with Pneumatic Tires & (4) Speed Limit Established for a Bridge or Elevated Structure: None.

All Other Speed Law Violations: 1st offense-Not more than 10 days; 2nd offense (within 1 year)-Not more than 20 days; Subsequent offense-Not more than 6 months. §§17C-6-4 & 17C-18-1(b)

Mandatory Minimum Term: None

Fine:

Amount ($ Range): Basic Speed Rule Violation or Exceeding Speed Limit: 1st offense-Not more than $100; 2nd offense (within 1 year)-Not more than $200; 3rd or subsequent offense (within 2 years)-Not more than $500. §17C-6-1(e)

Speeding <10 MPH Over the Speed Limit on a Controlled-Access or Interstate Highway: Not more than $5 plus court costs. §17C-6-1(g).

Speeding in School Zone: $100 to $500. §17C-6-1(f)

Speeding in a Construction Zone: Not more than $200. §17C-3-4b(b) & (c)

Violation of (1) the Minimum Speed Rule, (2) the Posted Minimum Speed Limit, (3) the Speed Limit for Vehicles with Pneumatic Tires & (4) Speed Limit Established for a Bridge or Elevated Structure: 1st offense-Not more than $100; 2nd offense (within 1 year)-Not more than $200; 3rd or subsequent offense (within 2 years)-Not more than $500. §§17C-6-3a(c) & 17C-6-5(e)

All Other Speed Law Violations: 1st offense-Not more than $100; 2nd offense (within 1 year)-Not more than $200; Subsequent offense-Not more than $500. §17C-18-1(b)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: If an offender successfully completes a Driver

Improvement Program, points may be deducted from the driving record. CSR §91-5-8

Other: Alternative Sentences: In lieu of either a fine or incarceration sanction (except mandatory incarceration via statute), a court may impose one of the following sentences: (1) a weekend jail program where the offender spends weekends or “other days normally off from work” in confinement; (2) first one or two days in confinement followed by work assignments either within the jail or on other public works projects outside of the jail; or, (3) a

Sanctions Following an Adjudication of a Speed Law Violation :

(continued)

community service program with

government entities, charitable or other non-profit organizations which have been approved by the court. §62-11A-1a(a)(1), (20 & (3) & (c)(1)

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension based on Frequent Violation of the Traffic Laws.5 §17B-3-6(a)(3) & (4). Note: No abstract of a conviction for exceeding the speed limit by <10 MPH on either a controlled-access or interstate highway is transmitted to the licensing agency. §17C-6-1(h) & (i). This provision does not apply to persons who have been issued Commercial Driver’s Licenses and who were operating a Commercial Motor Vehicle at the time of the offense. §17C-6-1(h) & (i)

Term of License Withdrawal

(Days, Months, Years, etc.): Not more than 1 year. §17B-3-8

Mandatory Minimum Term of

Withdrawal: None. License action is discretionary. §17B-3-6(a)

Miscellaneous Sanctions

Not Included Elsewhere:

Other Criminal Actions Related to Speeding :

Racing on Highway : Misdemeanor. §17C-6-8(a) & (b)

Sanctions:

Criminal Sanction:

Imprisonment (Term): 1st offense-None; 2nd offense-6 to 60 days; Subsequent offense-60 days to 4 months. §17C-6-8(b)

Mandatory Minimum Term: None

Fine ($ Range): 1st offense-$50 to $100; 2nd offense-$50 to $500; Subsequent offense-$100 to $1,000. §17C-6-8(b)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Revocation. §17C-6-8(c)

Other Criminal Actions Related to Speeding

(continued)

Length of Term of

Licensing Withdrawal: 1st offense-6 months; 2nd offense (within 2 years)-2 years;

Subsequent offense (within 5 years)-5 years. §17C-6-8(c)

Mandatory Action‑‑Minimum

Length of License

Withdrawal: 1st offense-6 months; 2nd offense (within 2 years)-2 years; Subsequent offense (within 5 years)-5 years. §17C-6-8(c). These revocation periods appear to be mandatory.

Other: See Alternative Sentences.

Reckless Driving : Misdemeanor. §§17C-5-3(a) & 17C-18-1(a)

Sanction:

Criminal:

Imprisonment (Term): 1st offense-5 to 90 days; Subsequent offense-10 days to 6 months. §17C-5-3(c)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): 1st offense-$25 to $500; Subsequent offense-$50 to $1,000. §17C-5-3(c)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension Based on Frequent Violation of the Traffic Laws. §17B-3-6(a)(3) & (4); Revocation-3 reckless driving convictions within 24 months. §17B-3-5(5)

Length of Term of License

Withdrawal Action: Suspension-Not more than 1 year. §17B-3-8. Revocation-1 year. §17B-1-1(q)

Mandatory Term of License

Withdrawal Action: Suspension-None. License action is discretionary. §17B-3-6(a) Revocation-1 year. §17B-1-1(q)

Other: If an offender successfully completes a Driver Improvement Program, points may be deducted from the driving record. CSR §91-5-8

See Alternative Sentences .

Commercial Motor Vehicle (CMV) Operators6 :

Grounds for Disqualification : A person is disqualified from operating a CMV if while driving such a vehicle he/she either (1) commits 2 "serious

Commercial Motor Vehicle (CMV) Operators

(continued) traffic violations"7 within a 3-year period or (2) commits 3 such violations within a 3-year period. §17E-1-13(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. §17E-1-13(e)

Period of Mandatory Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §17E-1-13(e)


1 This speed limit is in effect "during school recess or while children are going to or leaving school during opening or closing hours." §17C-6-1(b)(1)

2 If the speed alteration by a local government applies to a State highway or an extension thereof, such alteration must be approved by the Commissioner of Highways. §17C-6-3(e)

3 533 Given that §17C-6-3a(b) concerns the establishment of speed limits, the term “commissioner,” which is not identified in this section, probably refers to the Commissioner of Highways and not to the Commissioner of Motor Vehicles. Note: Normally, the term “commissioner” in Chapter 17C would refer to the Commissioner of Motor Vehicles. However, this State official is not usually responsible for establishing speed limits. At the Such level, the authority to establish such limits most often rests with the State Commissioner of Highways. §§17-2A-1, 17C-1-1 & 17C–1-27

4 Trucks weighing £ 8,000 lbs. may be driven at the same speed as passenger cars. §17C-6-4

5 Point System: The licensing agency has established the following point system to assist it in identifying offenders who may be subject to licensing action because of frequent violations of the traffic laws. I. When an offender has accumulated 6-8 points, he/she may be subject to either a warning letter, probation for not more than 1 year or license suspension for not more than 1 year. An offender who accumulates 12-13 points is subject to a 30-day suspension; 14-15 points is subject to a 45-day suspension; 16-17 points, a 60-day suspension; 18-19 points, a 90-day suspension; and 20 or more point, suspension until less than 12 points remain on his/her record. (Points remain on a person’s record for 2 years.) CSR §91-5-7 (7.9) & (7.10). II. The following points have been assigned to speeding or speed related violations: reckless driving-6 points; speeding in a school zone-6 points; speeding 15MPH or more over the posted limit-5 points; speeding ≥ 10 but < 15 MPH over the posted limit-3 points; speeding ≥ 5 but < 10 MPH over the posted limit-2 points; and driving too fast for conditions-3 points. CSR §91-5-7(7.2).

6 A 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 ³ 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. §17E-1-3 & 49 CFR §383.5

7 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §17E-1-3

JURISDICTION: WYOMING

This chapter summarizes Wyoming State statutes related to speed.

General Reference: Wyoming Statutes Annotated

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 then existing. §31-5-301(a)

Statutory Speed Limit: 75 MPH on interstate highways §31-5-301(b)(iii)

65 MPH on other highways §31-5-301(b)(iv)

30 MPH in an urban district §31-5-301(b)(ii)

20 MPH in a school zone or crossing §31-5-301(b)(i)

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State may increase or decrease the above speed limits on the State highway system.1 §§31-5-301(c) & 31-5-302. The State highway system includes city streets that are designated as State highways. §24-1-127

II. Based on engineering and traffic investigations, local governments may increase or decrease the above speed limits on the highways or streets under their jurisdictions.2 §§31-5-301(c) and 31-5-303(b)

III. Based on investigations, the State or a local government may establish safe maximum speed limits for any bridges or elevated structures under their respective jurisdictions. §31-5-305(a) & (b)

Minimum Speed Limit: I. No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. §31-5-304(a)

II. A person driving at less than the normal speed of traffic shall drive in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway. §31-5-201(b)

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State or a local government may establish minimum speed limits on the highways or streets under their respective jurisdictions. §31-5-304(b)

Other: N/A

Adjudication of Speed Law Violations :

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Misdemeanors. §31-5-1201(a)

Note: Under §31-18-604, a commercial vehicle operator must comply with the maximum speed limits established under §31-5-301. Failure to comply with these speed limits will subject the operator to the sanctions provided for under §31-5-1201.

Other: N/A

Sanctions Following an Adjudication of a Speed Law Violation :

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): I. Exceeding the 75 MPH Speed Limit by ³ 76 but £ 80 MPH : None

II. Exceeding the 75 MPH Speed Limit by >80 MPH: None

III. Exceeding the 65 MPH Speed Limit by ³ 66 but £ 70 MPH : None

IV. Exceeding the 65 MPH Speed Limit by >70 MPH: None

V. Other Speeding or Speed Related Violations: 1st offense-Not more than 20 days; 2nd offense (within 1 year)-Not more than 30 days; Subsequent offenses (within 1 year)-Not more than 6 months. §31-5-1201(b)

Mandatory Minimum Term: None

Fine:

Amount ($ Range): I. Exceeding the 75 MPH Speed Limit by ³ 76 but £ 80 MPH : $5 for each MPH over the speed limit but not more than $25. §31-5-1201(d)(i)

II. Exceeding the 75 MPH Speed Limit by >80 MPH: $35 but not more than the maximum fines for other speeding violations. §31-5-1201(d)(iii)

III. Exceeding the 65 MPH Speed Limit by ³ 66 but £ 70 MPH : $5 for each MPH over the speed limit but not more than $25. §31-5-1201(d)(i)

IV. Exceeding the 65 MPH Speed Limit by >70 MPH: $25 plus $3 for every MPH in excess of 70 MPH and $5 in court costs. §31-5-1201(d)(ii)

V. Other Speeding or Speed Related Violations: 1st offense-Not more than $200; 2nd offense (within 1 year)-Not more than $300; Subsequent offenses (within 1 year)-Not more than $500. §31-5-1201(b)

Mandatory Min. Fine ($): I. Exceeding the 75 MPH Speed Limit by >80: The minimum fine of $35 may be mandatory.

II. Exceeding the 65 MPH Speed Limit by >70 MPH: The minimum fine of $25 may be mandatory.

III. Other Speeding or Speed Related Violations: None

Sanctions Following an Adjudication of a Speed Law Violation :

(continued)

Other Penalties:

Traffic School:

Other: Special Fine for Heavy Vehicle Operators: When operating motor vehicles with a gross vehicle weight >26,000 lbs., persons who either (1) exceed 80 MPH on an interstate highway with a posted speed limit of 75 MPH, (2) exceed 70 MPH on other highways with a posted speed limit of 65 MPH, or (3) exceed a construction zone speed limit by 6 MPH are subject to a fine of $100. This fine appears to be mandatory. §§31-5-1201(g) & 31-18-704

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension Based Upon Repeated Violations of the Traffic Laws. §31-7-129(a)(i)3

Term of License Withdrawal

(Days, Months, Years, etc.): Not more than 12 months. §31-7-129(a)

Mandatory Minimum Term of

Withdrawal: None. Licensing action is discretionary with the licensing agency.

Miscellaneous Sanctions

Not Included Elsewhere: Note: Court costs shall not be assessed against a person for violating either the 75 or 65 MPH speed limit provisions, where the speed limit was not exceeded by more than 4 MPH. §31-5-1201(d)(v)

Other Criminal Actions Related to Speeding :

Speed or Acceleration Contest4 : Misdemeanor. §§6-10-101 & 24-1-110

Sanctions:

Criminal Sanction:

Imprisonment (Term): Not more than 10 days. §24-1-110(c)

Mandatory Minimum Term: None

Fine ($ Range): $10 to $100. §24-1-110(c)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension Based Upon Repeated Violations of the Traffic Laws. §31-7-129(a)(i)

Length of Term of

Licensing Withdrawal: Not more than 12 months. §31-7-129(a)

Mandatory Action‑‑Minimum

Other Criminal Actions Related to Speeding :

(continued)

Length of License

Withdrawal: None. Licensing action is discretionary with the licensing agency.

Other: N/A

Reckless Driving : Misdemeanor. §§31-5-229 & 31-5-1201(a)

Sanction:

Criminal:

Imprisonment (Term): Not more than 6 months. §31-5-1201(Mandatory

Minimum Term of Imprisonment: None

Fine ($ Range): Not more than $750. §31-5-1201(f)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension §31-7-128(a)(ii); Subsequent offense (within 5 years)-Revocation. §31-7-127(a)(iii)

Length of Term of License

Withdrawal Action: 1st offense-90 days §31-7-128(a)(i); 2nd offense (within 5 years)-6 months §31-7-128(a)(ii); Subsequent offense (within 5 years)-1 year. §31-7-127(a)(iii) & (b)

Mandatory Term of License

Withdrawal Action: 1st offense-90 days §31-7-128(a)(i); 2nd offense (within 5 years)-6 months §31-7-128(a)(ii); Subsequent offense (within 5 years)-1 year. §31-7-127(a)(iii) & (b)

Other: Surcharge: An offender is assessed a surcharge of $100. This surcharge is in addition to any other sanction. §1-40-119(a)(ii)

Commercial Motor Vehicle (CMV) Operators5 :

Grounds for Disqualification : A person is disqualified from operating a CMV if while driving such a vehicle he/she either (1) commits 2 "serious traffic violations"6 within a 3-year period or (2) commits 3 such violations within a 3-year period. §31-7-305(f)

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. §31-7-305(f)

Period of Mandatory Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §31-7-305(f)


1 The State may also establish different highway speed limits (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. §31-5-302

2 However, a local government cannot increase a speed limit to >55 MPH within an urban district and, except as noted, it cannot decrease the speed limit to <35 MPH outside an urban district. However, in a "platted rural subdivision," a local government can reduce the speed limit to <35 MPH. §31-5-303(a)(ii), (a)(iii) & (b)

3 Driver licensing action shall not be based on speed limit law convictions where the offender was driving <80 MPH in locations where the speed limit was between 65 and 75 MPH. §31-5-1201(d)(iv). In addition, except for Commercial Motor Vehicle operators, a driver's record shall not contain a conviction either for exceeding the 75 MPH speed limit where the offender's speed was £ 80 MPH or for exceeding the 65 MPH speed limit where the offender's speed was £ 70 MPH. §31-5-301(d)

4 The law prohibits a person from engaging in either a speed or acceleration contest without State or local government approval. §24-1-110(a)

5 A 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 ³ 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. §31-7-102(a)(viii)

6 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §31-7-102(a)(xli)(A) & (B)