Seven states pursue speed limit revisions

January 26, 2024

Keith Goble

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Speed limit rule changes are a common pursuit at statehouses on an annual basis. Less than one month into the new year, at least a half dozen states have legislation to make speed limit rule revisions.

The Owner-Operator Independent Drivers Association believes 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

Indiana is one state that continues to hold onto a speed limit differential for cars and trucks.

Statute allows cars to travel 70 mph on the state’s fastest roadways while vehicles in excess of 26,000 pounds are limited to 65 mph.
Rep. Mike Aylesworth, R-Hebron, is once again behind a pursuit to get rid of the speed limit differential for cars and trucks on rural stretches of interstate and on the Indiana Toll Road.

His bill, HB1055, is in the House Roads and Transportation Committee.

Supporters argue uniform speed limits for all vehicles are long overdue in the Hoosier State. They point out that if everyone is flowing at the same speed, traffic moves better.

The Indiana Motor Truck Association has been consistent through the years in its opposition to the rule change.

In 2023, IMTA Chairman Robert Haag told legislators it is important to resist the urge to drive faster. He added that trucking operations would not adjust equipped speed limiters.

Andrea Zimmerman of the Indiana Department of Transportation has communicated to lawmakers information about a joint research study on speed limits by the agency and Purdue University. The study suggested uniform 70 mph speed limits would reduce crash frequencies in the state by about 20%.

OOIDA believes that speed differentials are based on a flawed belief that slower trucks equal safer trucks. Doug Morris, OOIDA director of safety and security operations, said that is simply not the case.

He added that it is encouraging to see Indiana legislation “to correct a law that was flawed in nature and did nothing to improve highway safety.”

Another Indiana speed limit bill goes in the opposite direction of uniformity.

Sponsored by Rep. Ben Smaltz, R-Auburn, HB1308 would increase the maximum speed limit for passenger vehicles on rural interstates from 70 mph to 75 mph. As a result, the speed gap between cars and trucks would widen from 5 mph to 10 mph.

During a House Roads and Transportation Committee hearing this week, Smaltz told lawmakers he simply wants to start the discussion on whether the change makes sense.

Zimmerman told lawmakers the bill would create multiple safety concerns. One concern highlighted is an increased speed differential between cars and trucks.

“Increasing the (car) speed to 75 mph … would result in greatly exacerbating the existing problems between passenger cars charging around freight,” she testified.

Indiana Toll Roads opposes the pursuit.

Maryland

Speed limits are also the topic of a Maryland House bill.

Sponsored by Del. Ken Kerr, D-Frederick, HB278 would authorize the Maryland State Highway Administration to decrease the maximum speed limits by 5 mph on urban state highways. An engineering and traffic investigation would not be necessary to make the change.

The House Environment and Transportation Committee is scheduled to hold a hearing on the bill Feb. 8.

Michigan

In Michigan, a House bill is intended to address “flaws” in how the state sets local roadway speed limits.

Michigan law states that an engineering and safety study be conducted to modify a speed limit. Additionally, speeds on state and local roads must be rounded up to the nearest multiple of 5 mph of the 85th percentile standard.

Sponsored by Rep. Bradley Slagh, R-Zeeland, HB4012 would update how the state observes the 85th percentile speed rule – the speed at or below which 85% of vehicles travel in free-flowing traffic.

Specifically, the state would be given flexibility to round down the 85th percentile speed when necessary. Local officials could set the speed to any multiple of 5 mph within 5 mph of the 85th percentile.

Slagh has used the example of the 85th percentile speed on a roadway with an average speed of 37.6 mph. His bill would give the state flexibility to set the speed at 35 mph, instead of requiring an increase to 40 mph.

The legislation also would remove the requirement of an engineering and safety study to be conducted to alter a speed limit. Instead, a modified speed limit could be determined in accordance with traffic engineering practices that provide “an objective analysis of the characteristics of the highway.”

Additionally, the bill would permit a speed limit to be set below the 85th percentile if an engineering and safety study showed a situation with hazards to public safety that are not reflected by the 85th percentile speed. A speed limit could not be set below the 50th percentile speed.

House lawmakers approved the bill in October. HB4012 awaits consideration in the Senate Transportation and Infrastructure Committee.

New Jersey

The 85th percentile formula is also the topic of a New Jersey Senate bill.

Sponsored by Sen. Declan O’Scanlon, R-Monmouth, S1652 would use the formula to set speed limits on limited access highways that include the New Jersey Turnpike and Garden State Parkway.

If approved, the New Jersey Department of Transportation and other state traffic agencies would be able to use 85th percentile studies to set speed limits.

O’Scanlon said adopting the formula is a better option for setting speed limits than relying on politicians and officials to make the correct decision.

He added that the change would result in “the smoothest, safest level of traffic flow and inflict the least amount of arbitrary punishment on people behaving reasonably.”

S1652 is in the Senate Transportation Committee.

New York

Two identical New York bills would boost the speed limit for cars and trucks.

The Empire State permits all vehicles to travel 65 mph on interstate highways and other limited access roads.

Bills in the Assembly and Senate would authorize 70 mph speeds for all vehicles. 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.

He said his 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

The North Carolina Legislature will kick off year two of its two-year legislative session in April.

A House bill would boost the existing 70 mph speed limit on the state’s fastest roadways.

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 have said many people already are driving above 70 mph.

Oklahoma

An Oklahoma House bill covers speed limits on the state’s fastest roadways.

Speed limits on rural interstate highways are set at 75 mph. Oklahoma turnpikes have speeds set at 80 mph. The maximum speed limits apply to all vehicles.

HB3894 would implement a 65-mph minimum speed limit for the affected controlled-access highways.

The bill awaits assignment to committee for the session that begins Feb. 7. LL

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