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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
]]]] 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 houron 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 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