2005 Legislation
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SENATE BILL NO. 1082 – State highways, speed limit

SENATE BILL NO. 1082

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Bill Status



S1082.....................................................by TRANSPORTATION
STATE HIGHWAYS - SPEED LIMITS - Amends existing law to increase the maximum
speed limit which may be set on state highways, to seventy-five miles per
hour.
                                                                        
02/02    Senate intro - 1st rdg - to printing
02/03    Rpt prt - to Transp

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1082
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO RULES OF THE ROAD  AND  MAXIMUM  SPEED  LIMITS;  AMENDING  SECTION
  3        49-201,  IDAHO  CODE,  TO INCREASE THE MAXIMUM SPEED LIMIT WHICH THE IDAHO
  4        TRANSPORTATION BOARD MAY SET FOR STATE HIGHWAYS TO SEVENTY-FIVE MILES  PER
  5        HOUR;  AND  AMENDING  SECTION  49-654, IDAHO CODE, TO INCREASE THE MAXIMUM
  6        SPEED LIMIT WHICH MAY BE SET ON STATE HIGHWAYS TO SEVENTY-FIVE  MILES  PER
  7        HOUR.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Section  49-201, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        49-201.  DUTIES OF BOARD. (1) With the exception of requirements for  sec-
 12    tions  49-217  and  49-218  and  chapters 6 and 9, title 49, Idaho Code, which
 13    shall be the responsibility of the director of the  Idaho  state  police,  and
 14    section  49-447, Idaho Code, which shall be the responsibility of the director
 15    of the department of parks and recreation, the board shall adopt  and  enforce
 16    administrative  rules and may designate agencies or enter into agreements with
 17    private companies or public entities as may be necessary to carry out the pro-
 18    visions of this title. It shall also provide suitable forms for  applications,
 19    registration  cards,  vehicle  licenses, and all other forms requisite for the
 20    purpose of the provisions of this title, and shall prepay  all  transportation
 21    charges.
 22        (2)  The  board  may  enter into agreements, compacts or arrangements with
 23    other jurisdictions on behalf of Idaho for the purpose  of  conforming  proce-
 24    dures  for proportional registration of commercial vehicles and other types of
 25    reciprocal agreements. Copies of agreements, compacts or arrangements shall be
 26    placed on file in the department and the board shall, as to  all  filings  and
 27    adoption, conform with the provisions of chapter 52, title 67, Idaho Code. The
 28    board  may approve, on a case by case basis, exemption from operating fees for
 29    private nonprofit entities who are bringing public interest programs into  the
 30    state.  These  entities may not be in competition with companies who transport
 31    goods and services for hire.
 32        (3)  The board shall adopt a manual and specifications for a uniform  sys-
 33    tem  of  traffic-control  devices consistent with the provisions of this title
 34    for use upon highways within the state. The  uniform  system  shall  correlate
 35    with,  and  so  far  as  possible, conform to the system set forth in the most
 36    recent edition of the manual on uniform traffic control  devices  for  streets
 37    and  highways  and  other  standards issued or endorsed by the federal highway
 38    administrator.
 39        (4)  Whenever the board shall determine upon the basis of  an  engineering
 40    and  traffic  investigation  that any maximum speed is greater or less than is
 41    reasonable or safe under the conditions found to exist at any intersection  or
 42    other  place  or upon any part of the state highway or interstate highway sys-
 43    tem, the board may determine and declare a reasonable and safe maximum  limit,
                                                                        
                                           2
                                                                        
  1    thereat,  not exceeding a maximum limit of seventy-five (75) miles per hour on
  2    interstate highways and sixty-five (65) miles  per  hour  on  state  highways,
  3    which shall be effective when appropriate signs giving notice are erected. The
  4    speed  limit  may  be declared to be effective at all times or at the times as
  5    indicated upon the signs. Differing limits may be  established  for  different
  6    times  of  day,  different  types of vehicles, varying weather conditions, and
  7    other factors bearing on safe speeds, which shall  be  effective  when  posted
  8    upon  appropriate    fixed  or  variable  signs. The authority of the board to
  9    establish speed limits on state highways pursuant to  this  section  does  not
 10    restrict  the  authority of the duly elected officials of an incorporated city
 11    acting in the capacity of a local authority to establish  lower  speed  limits
 12    for  portions  of  state  highways, excluding controlled access and interstate
 13    highways, that pass through residential, urban or  business  districts  within
 14    the jurisdiction of the incorporated city, for the purpose of enhancing motor-
 15    ist and pedestrian safety.
 16        (5)  The board shall adopt and enforce rules as may be consistent with and
 17    necessary to determine the classification of and the basis on which fees shall
 18    be computed.
                                                                        
 19        SECTION  2.  That  Section  49-654, Idaho Code, be, and the same is hereby
 20    amended to read as follows:
                                                                        
 21        49-654.  BASIC RULE AND MAXIMUM SPEED LIMITS. (1) No person shall drive  a
 22    vehicle at a speed greater than is reasonable and prudent under the conditions
 23    and  having  regard to the actual and potential hazards then existing. Consis-
 24    tent with the foregoing, every person shall drive at a  safe  and  appropriate
 25    speed  when  approaching and crossing an intersection or railroad grade cross-
 26    ing, when approaching and going around a curve, when approaching a  hillcrest,
 27    when  traveling  upon  any narrow or winding highway, and when special hazards
 28    exist with respect to pedestrians or other traffic or by reason of weather  or
 29    highway conditions.
 30        (2)  Where no special hazard or condition exists that requires lower speed
 31    for  compliance  with subsection (1) of this section the limits as hereinafter
 32    authorized shall be maximum lawful speeds, and no person shall drive a vehicle
 33    at a speed in excess of the maximum limits:
 34        (a)  Thirty-five (35) miles per hour or a  lesser  maximum  speed  adopted
 35        pursuant to section 49-207(2)(a), Idaho Code, in any residential, business
 36        or urban district;
 37        (b)  Thirty-five (35) miles per hour in any urban district;
 38        (c)  Seventy-five (75) miles per hour on interstate highways;
 39        (d)  SixtySeventy-five (675) miles per hour on state highways;
 40        (e)  Fifty-five  (55)  miles  per hour in other locations unless otherwise
 41        posted up to a maximum of sixty-five (65) miles per hour.
 42        (3)  The maximum lawful speed  limit  on  interstate  highways  shall  not
 43    exceed sixty-five (65) miles per hour for vehicles with five (5) or more axles
 44    operating at a gross weight of more than twenty-six thousand (26,000) pounds.

Statement of Purpose / Fiscal Impact


                   STATEMENT  OF  PURPOSE

                          RS 14440

This legislation would amend Sections 49-201 and 49-654, Idaho 
Code, to raise the maximum speed limit on the State highway system 
from 65 miles per hour to a maximum of 75 miles per hour on those 
sections of the system which qualify for a higher limit according 
to engineering studies and established speed limit procedures. 
There are many sections of the State highway system that are 
posted at the statutory limit of 65 MPH despite the fact that 
standard speed limit establishment procedures would select a 
higher speed to post.  Changing the maximum speed limit for State 
highways from 65 mph to 75 mph would allow more roads to be posted 
according to established procedures while still keeping sections 
that do not qualify for higher speeds posted at 65 MPH or lower. 


                        FISCAL  IMPACT

There will be no impact to the general fund or ITD dedicated 
funds.  There will be a short term change in workload priorities 
for Traffic Engineers to do speed studies and for the sign shop 
and sign crews to produce and install new Speed Limit signs.  For 
the estimated 400 miles of roadway, one sign every 5 miles and 
$150 per sign, the estimated cost is $12,000 which will be covered 
by our normal budget.


CONTACT	
Name:	  Carl Main
Agency:	  Idaho Transportation Department
Phone:	  334-8558

Statement of Purpose/Fiscal Impact	                  S 1082