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H0645aa.......................................by TRANSPORTATION AND DEFENSE
SECONDARY ROADS - SPEED LIMITS - Amends existing law to provide that local
authorities may decrease speed limits for secondary roads when it is in the
best interest of the public.
02/21 House intro - 1st rdg - to printing
02/22 Rpt prt - to Transp
03/13 Rpt out - to Gen Ord
03/14 Rpt out amen - to engros
03/15 Rpt engros - 1st rdg - to 2nd rdg as amen
03/16 2nd rdg - to 3rd rdg as amen
03/20 3rd rdg as amen - PASSED - 41-28-1
AYES -- Barraclough, Bell, Bieter, Black, Boe, Callister, Chase,
Cheirrett, Crow, Cuddy, Deal, Ellsworth, Field(13), Field(20),
Geddes, Hansen(29), Henbest, Jaquet, Jones, Judd, Kempton, Linford,
Mader, Marley, Montgomery, Moss, Pischner, Pomeroy, Reynolds, Ringo,
Robison, Schaefer, Sellman, Shepherd, Smylie, Stoicheff, Stone,
Tilman, Trail, Wood, Zimmermann
NAYS -- Alltus, Barrett, Bruneel, Campbell, Clark, Denney, Gagner,
Gould, Hadley, Hammond, Hansen(23), Hornbeck, Kellogg, Kendell, Kunz,
Lake, Loertscher, McKague, Meyer, Mortensen, Moyle, Pearce, Sali,
Smith, Stevenson, Taylor, Wheeler, Mr Speaker
Absent and excused -- Ridinger
Floor Sponsor - Ringo
Title apvd - to Senate
03/21 Senate intro - 1st rdg as amen - to Transp
H0645
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 645, As Amended
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO SPEED LIMITS; AMENDING SECTION 49-207, IDAHO CODE, TO PROVIDE THAT
3 LOCAL AUTHORITIES MAY DECREASE SPEED LIMITS FOR SECONDARY ROADS WHEN IT IS
4 IN THE BEST INTEREST OF THE PUBLIC.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 49-207, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 49-207. MUNICIPAL REGISTRATION PROHIBITED -- POWER TO ENACT REGULATORY
9 ORDINANCES NOT ABOLISHED. (1) Authorities of counties and cities shall have no
10 power to pass, enforce or maintain any ordinance requiring from any owner of a
11 vehicle or any dealer to which this title shall be applicable, any tax,
12 license or permit for the free use of the public highways of a county or city,
13 or prohibiting or excluding any owner or dealer from the free use of such
14 highways or excluding or prohibiting any vehicle registered in compliance with
15 the provisions of this title from the free use of the highways. Powers given
16 by general statutes to local authorities in cities to enact general ordinances
17 applicable equally and generally to all vehicles and the use of highways to
18 bring about the orderly passage of vehicles upon certain highways in such cit-
19 ies where the traffic is heavy and continuous, and powers given to cities to
20 regulate vehicles offered to the public for hire, or processions, assemblages
21 or parades on the highways or in public places shall remain in full force and
22 effect, and all ordinances which may have been or which may be enacted in pur-
23 suance of those powers shall remain in full force and effect. These provisions
24 of law shall not be construed to prevent cities from enacting and enforcing
25 general ordinances prescribing additional requirements as to speed, manner of
26 driving, or operating vehicles on any of the highways of such cities, and pre-
27 scribing other requirements pertaining to signals to be given by drivers or
28 operators of motor vehicles, the carrying of lights on motor vehicles, the
29 turning of motor vehicles on highways, and requirements for motor vehicles in
30 passing other vehicles and pedestrians.
31 (2) Whenever local authorities in their respective jurisdictions, includ-
32 ing the duly elected officials of an incorporated city acting in the capacity
33 of a local authority, determine on the basis of an engineering or traffic
34 investigation for highways on the board-approved state highway system, or on
35 the basis of when it is in the best interest of the public for secondary
36 roads, and the residential, urban or business character of the neighborhood
37 abutting the highway in a residential, business or urban district that the
38 speed limit permitted under this title is greater than is reasonable and safe
39 under the conditions found to exist upon a highway or part of a highway or
40 because of the residential, urban or business character of the neighborhood
41 abutting the highway in a residential, business or urban district, the local
42 authority may determine and declare a reasonable and safe maximum limit which:
43 (a) Decreases the limit within a residential, business or urban district;
2
1 or
2 (b) Decreases the limit outside an urban district.
3 (3) Local authorities in their respective jurisdictions shall determine
4 by an engineering or traffic investigation for arterial highways on the board-
5 approved state highway system, or on the basis of when it is in the best
6 interest of the public for secondary roads, the proper maximum speed not
7 exceeding a maximum limit of sixty-five (65) miles per hour for all arterial
8 highways and shall declare a reasonable and safe maximum limit which may be
9 greater or less than the limit permitted under this title for an urban dis-
10 trict.
11 (4) Any decreased speed limit established shall be effective at all times
12 or during hours of darkness or at other times as may be determined when appro-
13 priate signs giving notice are erected upon the highway according to require-
14 ments of the department.
15 (5) Upon the decision of the duly elected officials of an incorporated
16 city to decrease the speed limit on highways within the city, excluding con-
17 trolled access and interstate highways, the city will notify in writing the
18 local district office of the department prior to implementing the change in
19 speed limits. The department shall have thirty (30) days from the day written
20 notice is received to assist implementation, such as providing transitional
21 speed limit signs and taking other steps necessary to preserve public safety.
AH0645
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Ringo
Seconded by Kellogg
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 645
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 35, delete "local highways" and
3 insert: "secondary roads".
4 On page 2, in line 6, delete "local arterial highways" and insert: "sec-
5 ondary roads".
6 CORRECTION TO TITLE
7 On page 1, in line 3, delete "LOCAL HIGHWAYS AND LOCAL" and in line 4,
8 delete "ARTERIAL HIGHWAYS" and insert: "SECONDARY ROADS".
STATEMENT OF PURPOSE
RS 10117
The purpose of this legislation is to give local authorities the ability, without an
engineering or traffic investigation, to set speed limits on roads that are not part of
the state highway system.
FISCAL IMPACT
There is no fiscal impact
Contact
Name: Rep. Tom Trail
Rep. Shirley Ringo
Phone: 208/332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 645