Eight statehouse bills call for speed limit changes

April 20, 2023

Keith Goble

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Speed limit rules are a reoccurring topic at statehouses across the country. Legislation discussed includes the elimination of speed limit differentials for cars and trucks and increased speeds for all vehicles.

The Owner-Operator Independent Drivers Association says roadways are safest when all vehicles are allowed to travel at the same rate of speed. The Association does not advocate for a specific speed limit.

Indiana

Pursuit in Indiana to do away with the speed limit differential on the state’s fastest roadways has again failed.

Indiana law allows cars to drive 70 mph on rural interstates while vehicles in excess of 26,000 pounds are limited to 65 mph.

In February, the Senate voted 42-5 to advance a bill to end speed limit differentials. The bill, SB13, then moved to the House Transportation Committee, where it sat untouched.

Sen. Jim Tomes, R-Wadesville, has said it simply makes sense to adopt uniform speeds for all vehicles.

“The logic behind it is if everyone is flowing at the same speed, traffic moves better and you don’t have people stacking up on each other getting behind a slower-moving vehicle,” Tomes previously told a Senate committee. “I’m thinking this makes sense to let these trucks run even speed with cars and pickup trucks.”

House Transportation Committee Chairman Jim Pressel, R-Rolling Prairie, did not bring the bill up for consideration in his committee.

Pressel said he was not sold on the argument in favor of allowing trucks to travel the same speed as motorists.

“I don’t believe that it really fixes the problem that some of my colleagues would like to fix – the problem being that they believe that two trucks at 60 mph creates a traffic block,” Pressel told the Indiana Capital Chronicle. “I would argue that – if we raise the speed limit and they can go faster to 70 mph – you will still have two trucks … blocking traffic. I would argue that motorists do the same.”

The Indiana Motor Truck Association also opposes the rule change. The group has said it is important to resist the urge to drive faster.

The bill’s demise marks the latest failed effort in Indiana for the House Transportation Committee to take up for consideration a uniform speed bill after the Senate voted overwhelmingly in support.

Montana

A bill sent to the Montana governor would give the state’s Transportation Commission full authority to change speed limits throughout the state.

The state has an 80-mph speed limit for cars and a 70-mph limit for trucks on rural interstates. State law permits the commission to lower or to leave unchanged speed limits.

House and Senate lawmakers endorsed legislation, SB452, to add the authority to raise speed limits.

Dustin Rouse, Montana Department of Transportation highways & engineering administrator, testified at a recent hearing on the bill that during a speed differential review it was determined that split speeds can be problematic.

“One of the things we found is in locations that have high large commercial vehicle, semi use, that mix if you have that speed differential can lead to an increase in crashes.”

He said the state DOT acted in 2019 to address safety concerns resulting from the speed differential on U.S. 212 between Crow and the Wyoming line. As a result of a safety review, the speed limit for cars was lowered from 70 mph to 65 mph to match the truck speed limit.

Sen. Barry Usher, R-Laurel, added there are roads around the state that need to have speed limits modified.

“Our Department of Transportation, their goal is to be safe, but it’s also to keep commerce moving,” he said.

Doug Morris, OOIDA director of safety and security operations, said it is commendable Rouse educated lawmakers on the “real-world issues related to speed differentials.”

North Dakota

North Dakota state lawmakers have revived pursuit of higher speed limits on the state’s fastest roadways.

State law authorizes speeds of 75 mph on Interstates 29 and 94. Speeds along four-lane divided highways are set at 70 mph. Two-lane highways are posted at 65 mph.

Gov. Doug Burgum recently acted to veto a bill to increase speed limits for all drivers on interstate highways.

The legislature approved a bill that would authorize vehicles to travel 80 mph on interstates. The governor, however, vetoed HB1475 citing safety concerns.

“Increasing the maximum speed limit on interstate highways increases both the risk of speed-related crashes and the potential severity of such crashes,” Burgum wrote in his veto message.

He also cited a study by the Insurance Institute of Highway Safety that found a 5-mph increase in the speed limit is associated with an 8.5% increase in fatality rates on interstate highways and freeways.

“This increased risk runs counter to the goals of vision zero, North Dakota’s multi-agency effort to eliminate fatalities and serious injuries caused by motor vehicle crashes.”

House lawmakers failed on April 3 to override the veto.

Rep. Ben Koppelman, R-West Fargo, told House lawmakers before the failed vote that a new seat-belt rule approved the day of the veto addresses the governor’s concern.

The seat-belt law allows for primary enforcement. All passengers are required to be buckled up. The new law takes effect Aug. 1.

The revived speed limit bill is touted to address safety concerns voiced by the governor.

House lawmakers amended SB2168 to include the speed limit increase. Also covered in the bill are speeding fines, traffic fines and penalties.

The state’s seat-belt rule would be revised to include fines for adult passengers not buckled up. Drivers would also face fines for any unbelted minors.

On April 10, the House voted 66-24 to approve the changes and send the amended bill to the Senate for concurrence. Senators refused to concur to House changes. As a result, both chambers have selected conference committee members to try to hash out differences.

The regular session ends April 28.

Ohio

Ohio Gov. Mike DeWine has signed into law a two-year, $13.5 billion transportation budget minus a speed limit change provision.

The budget, HB23, provides nearly $7.5 billion for ODOT to use for state highway improvements. The amount includes more than $2.2 billion for pavement upgrades, $717 million for bridge improvements, $964 million for local government programs and projects, $200 million for transit, and $579 million for major projects funded by the Transportation Review Advisory Council.

At the request of the governor, one provision cut from the bill sought to increase speed limits on some two-lane highways.

DeWine said he would veto plans to increase speed limits on highways outside of cities and villages from 55 mph to 60 mph. Some two-lane routes would have had speed limits increase from 60 mph to 65 mph after and ODOT study.

“The data clearly shows that if we increase the speed limit even only by 5 mph, there will be people who will die in Ohio that would not have died if we’d kept the speed limit where it is today,” DeWine said last month. “It’s not worth the sacrifice of our loved ones on the highways. So, I’m adamantly against any kind of change in the speed limit as far as raising the speed limit.”

Elsewhere, speed limit revision pursuits are ongoing.

Alabama

An Alabama bill would prohibit municipalities from setting speed limits on county-maintained roads within their limits.

Currently, state law permits municipalities to set speeds on county roads that run through the city limit.

The Senate voted unanimously to advance a bill that would require a civil engineering speed study and traffic investigations prior to any change. Cities also must receive approval from the county engineer following an investigation.

Critics say the change is necessary because a city may decide to increase the posted speed where it could exceed the design and safety of the road. They add that a speed limit could be lowered for no real justification.

SB33 is in the House Transportation Committee.

New York

New York permits all vehicles to travel 65 mph on interstate highways and other limited access roads.

Pursuits in the Assembly and Senate would authorize speeds for cars and trucks to increase to 70 mph. Specifically, the state DOT and the New York Thruway Authority would be permitted to implement the change.

Sen. Tom O’Mara, R-Big Flats, wrote in a bill memo the change would keep New York in line with maximum speeds in many other states.

“The majority of states across the country have state speed limits that exceed 65 mph,” O’Mara wrote. “New York has failed to keep up with the rest of the country by not adopting a more efficient speed limit.

“This bill would correct this inefficacy by allowing for a 70-mph speed limit where appropriate.”

Both bills, S2209 and A5044, are in their respective transportation committees.

North Carolina

One North Carolina bill would boost the existing 70 mph speed limit on the state’s fastest roadways.

The bill, H386, would authorize the state DOT to increase the speed limit to 75 mph on any interstate highway or controlled-access highway. The rule would apply to affected roadways inside or outside the corporate limits of a municipality where it is deemed “reasonable and safe” to make the change.

Supporters say many people already are driving above 70 mph. They add that some highways are designed to handle increased speeds.

The bill is in the House Transportation Committee.

Texas

A Texas bill would authorize the use of variable speed limits.

Variable speed limits use speed limit signs that change to slow drivers to avoid creating heavy traffic congestion. The Texas A&M Transportation Institute provides information on how the process works.

The House Transportation Committee voted to advance a bill to allow the Texas Transportation Commission to establish variable speed limits. HB1885 would allow the temporary lowering of a speed limit to address inclement weather, congestion, road construction, or any other condition that affects “orderly movement of traffic.”

The bill clarifies that variable speeds must be based on an engineering and traffic investigation.

Variable speeds could not be set less than 10 mph below the posted speed limit.

Critics say the change could be used to intentionally slow traffic for an indefinite period of time. They add the authority could be used to set up speed traps.

Others say the bill is trying to legislate common sense. LL

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