Energy, Science and Natural Resources Program
Speed: What's Your Limit?
Contents
Introduction
State Legislation
Selected References
Contacts for More Information
Introduction
Drivers who used to watch for troopers in their rearview mirrors as they sped
down the highway at 75 miles per hour can relax-in some states at least. Now
that the federal maximum speed limit has been lifted, states will set their own.
This new "freedom" was met with praise as well as concern. Many Western
legislators felt their expansive open spaces called for faster speeds on the
often lonely highways. Others argued that states could more appropriately set
speed limits. Safety advocates feared an increase in highway fatalities.
Montana and Wyoming were ahead of the game, each having
legislation that allowed the speed limit to automatically revert to pre-1974
levels once the federal limit was lifted. Wyoming's limit returned to 75 miles
per hour on rural highways. Montana's only limitation during the daytime is that
drivers go at a "reasonable and proper" speed-in effect, no limit. Nevada,
Texas and Oklahoma also allowed the speed limit to increase
immediately. Kansas and Missouri have legislation that would have
automatically returned speed limits to the pre-national maximum levels. The
governors of both states delayed the repeal of the national limit for 60 days
after the start of their legislative sessions (provided for in the National
Highway System Designation Act) to allow the legislatures to consider the issue.
In 20 states, administrative agencies like the department of transportation are
already empowered to set speed limits. Maryland, New York and
Pennsylvania raised their limits to 65 mph in 1995.
In Colorado, Representative Ron May introduced the "Reasonable Speed
Limit Bill" that places a 75 mph cap on speed limits. The bill refers specific
speed limit determinations to the Colorado Department of Transportation (CDOT).
May indicated CDOT will be required to set limits with "highway design standards
and safety standards in mind." The cost of the program is estimated at $36,000.
Colorado will also be looking at disincentives for speeding such as higher
penalty points against a driver's license for speeds 20 mph or more over the
limit. Legislators involved the state highway patrol in the process of designing
the speed limit bill. The state patrol supports the bill and plans a public
relations program to explain enforcement policies. One concern raised by law
enforcement is that people follow too closely, which increases the risk of
accidents. An education campaign is under consideration.
A variety of factors need to be considered by state legislators in setting
new maximum speed limits. Higher speeds increase fuel consumption and
pollutants. And, many worry about safety.
The National Highway Traffic Safety Administration indicates that
speed-exceeding the posted limit or driving too fast for conditions-is one of
the most prevalent factors in crashes. Higher speeds reduce a driver's reaction
time and extend stopping distances. The severity of the crash and the risk of
death also increase with speed, affecting the economic costs to society,
including higher health care costs.
To address safety concerns, states may impose other restrictions. For
example, catching and penalizing extreme speeders, clamping down on drunk
drivers and enforcing seat belt requirements reduce some risks. Allowing law
enforcement officers to stop drivers solely for a seat belt violation may
increase belt usage. Extensive driver education about safety also would be
beneficial. Finally, states may consider graduated licensing to protect
high-risk drivers in the 16 to 18 age bracket. Graduated licensing requires
young drivers to demonstrate responsible driving behavior through three phases
of licensing-learner's permit, intermediate or provisional license and full
license.
One way to set maximum speed limits is to use the speed zoning approach.
Based on traffic engineering studies, the best way to ascertain an appropriate
speed limit is to survey the speeds of free-flowing traffic. The studies show
that the speed at which 85 percent of the vehicles are traveling, or below, has
generally been determined to be a limit that minimizes accident risk and
maximizes motorist compliance. Speed zoning allows limits to be set based upon
scientific principles that take into account local road and traffic conditions.
Fiscal impacts, environmental concerns, safety and traffic engineering
studies all play into how a state evaluates its speed limits. With the repeal of
the federal maximum speed limit, appropriate limits will be based on each
state's unique situation.
- Advocates for Highway and Auto Safety. States at Risk: A Report on the
Effect of Repealing the National Maximum Speed Limit. Washington, D.C.,
November 1995.
- Lave, Charles and Patrick Elias. "Did the 65 mph Speed Limit Save
Lives?" Reprinted from Accident Analysis and Prevention 26, no.
1 (1994) 49-62.
- National Highway Traffic Safety Administration. "Speed: Driving too Fast
for Conditions." State Legislative Fact Sheet. Washington, D.C., December
1995.
Contacts for More Information Jan.Goehring@NCSL.org D. Gail Morrison
Jim.Reed@NCSL.org National Motorists Association
National Conference of State (202) 544-9429
Legislatures
1560 Broadway, Suite 700
Denver, CO 80202
(303) 364-7700
Henry Jasny Michelle Fields
Advocates for Highway and Auto Safety Insurance Institute for Highway
(202) 408-1711 Safety
(703) 247-1500
 Traffic Safety page
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