Speeding and Speed Limits
State legislatures enacted 20 bills regarding speeding and speed limits in 2024, with four states—Alabama, Delaware, Illinois and Kentucky—enacting Move Over Law bills. Five states—Indiana, Maryland, New Hampshire, New York and Virginia—enacted laws allowing for local flexibility to lower speed limits within their jurisdictions. Four states—Delaware, Michigan, New Hampshire and Virginia—enacted laws altering speed limits. Four states—Colorado, Hawaii, Kentucky and Virginia—in addition to Washington, D.C. and the U.S. Virgin Islands, enacted laws related to speeding and speed limits, like increasing penalties and enforcing school zone speed limits.
Local Flexibility to Lower Speed Limits
Indiana (HB 1090) provided local governments flexibility to set speed limits in specific circumstances. The state required traffic engineers perform an investigation on a highway considered to be a major collector or arterial in an urban district before decreasing the speed limit to less than 25 mph. However, Indiana waived the requirement for an engineering and traffic investigation to decrease the speed limit to 20 mph on a highway classified as a minor collector or local road in an urban district.
Maryland (HB 193) permitted Anne Arundel County to alter its speed limits at an intersection or in an urban district to not less than 25 mph or increase the limit in an urban district to no more than 50 mph.
Further, HB 193 clarified that Anne Arundel County may only decrease the maximum speed limit to not less than 15 mph on a highway only after performing an engineering and traffic investigation. A local authority may not implement a new speed monitoring system to enforce speed limits on any portion of a highway for which the speed limit has been decreased.
New Hampshire (HB 1550) authorized municipalities to reduce speed limits seasonally based on an engineering and traffic investigation either by its own initiative or by a public petition signed by at least 10 residents within a community. A local governing body may reduce any prima facie speed limit to provide reasonable and safe conditions upon any highway affected by seasonal motor vehicle, pedestrian or bicycle traffic.
Only one seasonal speed limit is permitted for a maximum duration of four months in any 12-month period. Further, no speed limit may be set under 20 mph. Local governments may specify the time of day when the speed limit is in effect; however, they are required to bear the cost of seasonal signage indicating seasonal speed limit changes as approved by the state Department of Transportation.
New York (SB 8306) amended Sammy's Law which pertains to speed limits. New York decreased the minimum speed limit on highways that local governments are authorized to set. Local governments may now set a speed limit on any highway at 20 mph, rather than 25 mph. However, where speed limits have been reduced for traffic calming purposes, the speed limit cannot be set under 10 mph, rather than the previous standard of 15 mph.
However, on highways consisting of three or more lanes of traffic moving in the same direction, speed limits may not be set under 25 mph. No local government may alter the speed limit unless the local government provides written notice and an opportunity to comment to the community board or community boards in the area.
Any local governments that desire to implement a speed limit under 20 mph must provide an explanation about how the lower speed limit complies with engineering standards and helps meet public safety goals.
Virginia (HB 1071) authorized localities to reduce the speed limit to between 15 to 25 mph on highways located in their business or residential districts. Any reduced speed limits must be indicated by a lawfully placed sign and the locality must notify the Commissioner of Highways of a change in speed limit at least 30 days prior to any changes.
Speed Limits
Everybody Gets Home
Across the United States, traffic crash fatalities caused by excessive speeding has posed a safety threat to communities. In response, the Delaware General Assembly set a goal of no more than 100 traffic fatalities by 2025. However, in the past several years traffic fatalities in Delaware have increased, reaching their highest numbers in decades. In 2021, Delaware had 139 traffic fatalities, the following year, in 2022, traffic fatalities increased to 165. In 2023, traffic fatalities decreased to 137.
To address traffic fatalities, Delaware lawmakers created the Everyone Gets Home Act to re-strategize how the state can achieve its traffic safety goals.
The Delaware Legislature (HB 247) authorized the Delaware Dept. Of Transportation (DelDOT) to construct low-speed limit streets and zones. Low-speed limit streets may have a maximum of two lanes and a posted speed limit of 25 MPH or less within municipalities and less than 35 mph in unincorporated areas. Further, DelDOT shall accept local government requests to designate high traffic crash fatality streets as low-speed streets. DelDOT shall develop new design standards for low-speed streets in accordance with a Safe System Approach to calm traffic and protect vulnerable road users.
DelDOT may adopt the following Safe System Approaches:
- Reconfigure roadways,
- Narrow travel lanes or line striping,
- Construct raised medians, chicanes, speed humps and tables, roundabouts, traffic circles and other design techniques.
- Alter signal operations,
Each year, DelDOT must publish county-level maps identifying locations of fatal and serious injury crashes.
Further, DelDOT is permitted to acquire property rights with the intention to consolidate entrances and exits to commercial areas if it is determined to make an improvement to traffic safety. For example, some commercial areas, like shopping centers, with multiple entrances on the same street may be altered.
Michigan (HB 4012) amended their speed limit law, authorizing county road commissions, township boards and state police to establish maximum and minimum speed limits if they unanimously agree that speed limit alterations will be safer. County and local road authorities may now petition any board of commissioners to change the speed limits on a county highway without the need for a speed study. However, all modified speed limits must be made in congruence according to traffic engineering practices that provide an analysis of the speed of the highway.
Any changes to the speed limit may be made by multiples of five mph (e.g., 5 mph, 10 , 15 mph, etc.). Speed limits may be set lower than the 85th percentile—the speed at which 85% of motorists on a roadway drive at or below—if a traffic engineer's study demonstrates traffic safety hazards associated with higher speeds.
Previously, all desired changes to speed limits in local areas could be set at the 85th percentile of speed measured at the fastest portions of the highway, limiting the range in which speed limits could be changed.
New Hampshire (HB 2024) created a maximum speed limit of 45 mph on rural, unimproved country roads.
Virginia (HB 144) required the Department of Transportation commissioner to notify all local governments of a change in speed limits on highways in their area.
Move Over Laws
Alabama (HB 315) renamed its Move Over Law to the John Hubbard Move Over Act and made several changes to the law. Previous Alabama law required vehicles to move over when approached by emergency vehicles or when coming upon parked emergency vehicles. The amended law now requires a motorist to move over for maintenance, construction and survey vehicles when traveling on a highway with two or more lanes. Fines for violations were also increased, with a $200 fine for a first offense and $250 for a second violation. Third and subsequent offenses are punishable by $300 fines and a driving privilege suspension of at least 90 days.
Any Mover Over Law violations that happen at the same time as other driving violations (e.g., driving under the influence, construction zone violations, distracted driving, etc.) doubles the fine.
Delaware (HB 329) amended its move over law, specifying that when changing lanes is not possible or dangerous, motorists passing stationary vehicles must slow down by at least 20 mph on roadways with posted speed limits of 50 mph or more.
Further, Delaware increased penalties for move over law violations. A first offense results in a $250 fine, a second offense results in a $500 fine. The fines for subsequent violations are set at $1,000. All listed violations may be substituted by community service equal in value to the fine.
Illinois (HB 5370) stipulated that upon approaching an emergency scene with stationary emergency vehicles or construction zones with active workers, motorists must move over to allow for safe room on highways with at least two traffic lanes moving in the same direction and reduce speed to avoid any crashes.
Kentucky (SB 107) expanded its Move Over Law to include any type of disabled vehicle. Upon approaching any type of disabled vehicle displaying warning signals, flashers, or reflectors, motorists must yield the right-of-way and move over when possible to do so safely on roads with at least two traffic lanes moving in the same direction. If a lane change is not possible, motorists must slow down to a safe speed and proceed past the stationary vehicle with caution.
Kentucky law also specified that on four lane highways with a maximum speed limit of 65 mph no motorist may use the leftmost lane unless they are overtaking slower vehicles, yielding to traffic joining the highway or when road conditions prevent the safe use of the right or center lanes.
Miscellaneous
Colorado (SB 100) doubled penalties for commercial vehicles that speed in designated areas on mountain interstate highways. The Colorado Department of Transportation is required to post signage indicating the designated area as a heightened speed limit enforcement zone. The signage must inform the commercial vehicle operator that they are entering or exiting such an area and are liable for increased penalties and fines for speeding. Moreover, commercial operators are not permitted to use the furthest left lane when driving in designated heightened speed limit enforcement zones unless required or authorized to pass by law.
Virginia (HB 282) enhanced penalties for violations committed in highway work zones. Any violations that occur in the vicinity of a highway work zone when workers are present and when the work zone is indicated by appropriately placed signs is a traffic infraction punishable by a fine of $300 for a first offense and a minimum of $500 for any subsequent offense. Any subsequent offenses that occur within the same 12-month period in a work zone shall result in a minimum fine of $750.
Washington, D.C. (B 425) established the STEER act (Strengthening Traffic Enforcement, Education, and Responsibility). The Steer act created an additional administrative method for suspending driving privileges and immobilizing motor vehicles based on traffic tickets accumulated over any consecutive six-month period, regardless of whether the fine for the ticket is paid or unpaid, or motor vehicles are registered in- or out-of-state.
The STEER act authorizes the Washington, D.C., attorney general to file suits against negligent motorists from out-of-state with excessive and outstanding traffic tickets. Further, the STEER act created a safe driving curriculum and authorized the DMV to waive outstanding fines and fees for speed violations based upon participation in the education program.
Additionally, Washington, D.C., also created a new point system for motorists caught repeatedly speeding. Speeding 11-15 mph over the limit is two points; speeding 16-19 mph over the limit is three points; speeding 20 mph or more over the limit is five points; reckless driving is five points; and aggravated reckless driving is 10 points.
Any motorist that receives a total of 10 points in a single six-month period is eligible to have their vehicle booted and/or towed. Furthermore, the motorist must participate in a safe driving course to release their vehicle.
The STEER act also created the Intelligent Speed Assistance Program requiring any motorist convicted of reckless driving to enroll into the program. Motorists will have an intelligent speed inhibitor installed in their vehicle and receive a restricted license. Motorists must enroll in the program for one year following an initial aggravated reckless driving charge. The enrollment time increases to two years for a second offense, and three years for a third offense. A motorist will be required to be enrolled indefinitely upon the fourth and any subsequent offenses.
Hawaii (SB 2819) required that motorists traveling 10 mph under the posted speed limit with five vehicles following immediately behind must move off the roadway at the nearest safe location to allow for motorists to pass them.
Hawaii (SB 3242) also directed the Hawaii DOT to evaluate high-risk or dangerous corridors and intersections based on crash, injury and fatality statistics. In response, the DOT must develop and prioritize plans to address safety and allow access for all users in each high-risk or dangerous corridor or intersection.
When changes to high-risk areas are implemented, priority must be given to those that will maximize safety and provide access to separated or protected infrastructure that safely separates vehicles from vulnerable road users.
Hawaii also allowed for any reductions in speed limits that occur within one mile of a school to be exempt from engineering study requirements.
Kentucky (SB 107) amended its reckless driving law to include violations that occur within work zones that endanger people, property, equipment or other vehicles. Further, Kentucky included that motorists must yield the right of way to utility workers in work zones.
The U.S. Virgin Islands (B 271) created the School Speed Zone and Enforcement act. The act requires the Department of Education and Law Enforcement to establish school speed zones in proximity to schools to enhance safety. School speed zones will be monitored by Law Enforcement, who are permitted to issue citations for violations.
Any person who violates speed limits in school zones is subject to a $500 civil penalty. A third of the fines collected from school zone speeding violations must be allocated to the Virgin Islands Police Department for traffic safety education programs, and improvements in school zone safety infrastructure, 33.3% of the fines shall be allocated to the Department of Education to be used exclusively for career technical education schools, programs, or courses and 33.4% must be deposited into the Public Road Fund.
The bill also outlines a collaborative framework involving the Department of Education and the Virgin Islands Police Department to establish and enforce reduced speed limits during specified hours, along with promoting road safety through public education campaigns.