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S1133.....................................................by TRANSPORTATION
MAXIMUM SPEED LIMITS - Amends existing law to increase the maximum speed
limit which the Idaho Transportation Board may set for state highways to
seventy-five miles per hour; and to remove the maximum speed limit of
sixty-five miles per hour on interstate highways for vehicles with five or
more axles operating at a gross weight of more than twenty-six thousand
pounds.
02/14 Senate intro - 1st rdg - to printing
02/15 Rpt prt - to Transp
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1133
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, AND TO REMOVE THE MAXIMUM SPEED LIMIT OF SIXTY-FIVE MILES PER HOUR
8 ON INTERSTATE HIGHWAYS FOR VEHICLES WITH FIVE OR MORE AXLES OPERATING AT A
9 GROSS WEIGHT OF MORE THAN TWENTY-SIX THOUSAND POUNDS.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 49-201, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 49-201. DUTIES OF BOARD. (1) With the exception of requirements for sec-
14 tions 49-217 and 49-218 and chapters 6 and 9, title 49, Idaho Code, which
15 shall be the responsibility of the director of the Idaho state police, and
16 section 49-447, Idaho Code, which shall be the responsibility of the director
17 of the department of parks and recreation, the board shall adopt and enforce
18 administrative rules and may designate agencies or enter into agreements with
19 private companies or public entities as may be necessary to carry out the pro-
20 visions of this title. It shall also provide suitable forms for applications,
21 registration cards, vehicle licenses, and all other forms requisite for the
22 purpose of the provisions of this title, and shall prepay all transportation
23 charges.
24 (2) The board may enter into agreements, compacts or arrangements with
25 other jurisdictions on behalf of Idaho for the purpose of conforming proce-
26 dures for proportional registration of commercial vehicles and other types of
27 reciprocal agreements. Copies of agreements, compacts or arrangements shall be
28 placed on file in the department and the board shall, as to all filings and
29 adoption, conform with the provisions of chapter 52, title 67, Idaho Code. The
30 board may approve, on a case by case basis, exemption from operating fees for
31 private nonprofit entities who are bringing public interest programs into the
32 state. These entities may not be in competition with companies who transport
33 goods and services for hire.
34 (3) The board shall adopt a manual and specifications for a uniform sys-
35 tem of traffic-control devices consistent with the provisions of this title
36 for use upon highways within the state. The uniform system shall correlate
37 with, and so far as possible, conform to the system set forth in the most
38 recent edition of the manual on uniform traffic control devices for streets
39 and highways and other standards issued or endorsed by the federal highway
40 administrator.
41 (4) Whenever the board shall determine upon the basis of an engineering
42 and traffic investigation that any maximum speed is greater or less than is
43 reasonable or safe under the conditions found to exist at any intersection or
2
1 other place or upon any part of the state highway or interstate highway sys-
2 tem, the board may determine and declare a reasonable and safe maximum limit,
3 thereat, not exceeding a maximum limit of seventy-five (75) miles per hour on
4 interstate highways and sixty-five (65) miles per hour on state highways,
5 which shall be effective when appropriate signs giving notice are erected. The
6 speed limit may be declared to be effective at all times or at the times as
7 indicated upon the signs. Differing limits may be established for different
8 times of day, different types of vehicles, varying weather conditions, and
9 other factors bearing on safe speeds, which shall be effective when posted
10 upon appropriate fixed or variable signs. The authority of the board to estab-
11 lish speed limits on state highways pursuant to this section does not restrict
12 the authority of the duly elected officials of an incorporated city acting in
13 the capacity of a local authority to establish lower speed limits for portions
14 of state highways, excluding controlled access and interstate highways, that
15 pass through residential, urban or business districts within the jurisdiction
16 of the incorporated city, for the purpose of enhancing motorist and pedestrian
17 safety.
18 (5) The board shall adopt and enforce rules as may be consistent with and
19 necessary to determine the classification of and the basis on which fees shall
20 be computed.
21 SECTION 2. That Section 49-654, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 49-654. BASIC RULE AND MAXIMUM SPEED LIMITS. (1) No person shall drive a
24 vehicle at a speed greater than is reasonable and prudent under the conditions
25 and having regard to the actual and potential hazards then existing. Consis-
26 tent with the foregoing, every person shall drive at a safe and appropriate
27 speed when approaching and crossing an intersection or railroad grade cross-
28 ing, when approaching and going around a curve, when approaching a hillcrest,
29 when traveling upon any narrow or winding highway, and when special hazards
30 exist with respect to pedestrians or other traffic or by reason of weather or
31 highway conditions.
32 (2) Where no special hazard or condition exists that requires lower speed
33 for compliance with subsection (1) of this section the limits as hereinafter
34 authorized shall be maximum lawful speeds, and no person shall drive a vehicle
35 at a speed in excess of the maximum limits:
36 (a) Thirty-five (35) miles per hour or a lesser maximum speed adopted
37 pursuant to section 49-207(2)(a), Idaho Code, in any residential, business
38 or urban district;
39 (b) Thirty-five (35) miles per hour in any urban district;
40 (c) Seventy-five (75) miles per hour on interstate highways;
41 (d) SixtySeventy-five (675) miles per hour on state highways;
42 (e) Fifty-five (55) miles per hour in other locations unless otherwise
43 posted up to a maximum of sixty-five (65) miles per hour.
44 (3) The maximum lawful speed limit on interstate highways shall not
45 exceed sixty-five (65) miles per hour for vehicles with five (5) or more axles
46 operating at a gross weight of more than twenty-six thousand (26,000) pounds.
STATEMENT OF PURPOSE
RS 14990
This legislation would amend Sections 49-201 and 49-654, Idaho Code, to raise the maximum
speed limit on the Interstate and 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
Interstate and 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 Interstate and 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: Senator Skip Brandt
Phone: (208) 332-1326
Carl Main
Asst Traffic & Highway Safety Engineer
Idaho Transportation Department
(208) 334-8558
Statement of Purpose/Fiscal Impact S 1133