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HB 29
ADJUSTMENT OF FREEWAY SPEED
1996 GENERAL SESSION
STATE OF UTAH
Sponsor: Michael G. Waddoups
AN ACT RELATING TO MOTOR VEHICLES; AMENDING SPEED LIMIT PROVISIONS;
AND MAKING TECHNICAL CHANGES.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
41-6-46 , as last amended by Chapters 66 and 120, Laws of Utah 1994
41-6-47 , as last amended by Chapter 167, Laws of Utah 1988
41-6-48 , as last amended by Chapter 138, Laws of Utah 1987
Be it enacted by the Legislature of the state of Utah:
Section 1.
Section
41-6-46
is amended to read:
41-6-46. Speed regulations -- Safe and appropriate speeds at certain locations --
Prima facie speed limits -- Emergency power of the governor.
(1) A person may not operate a vehicle at a speed greater than is reasonable and prudent
under the existing conditions, giving regard to the actual and potential hazards then existing,
including when:
(a) approaching and crossing an intersection or railroad grade crossing;
(b) approaching and going around a curve;
(c) approaching a hill crest;
(d) traveling upon any narrow or winding roadway; and
(e) special hazards exist due to pedestrians, other traffic, weather, or highway conditions.
(2) If no special hazard exists, and subject to Subsection (4) and Sections
41-6-47
and
41-6-48
, the following speeds are lawful:
(a) 20 miles per hour in a reduced speed school zone as defined in Section 41-6-20.1
;
(b) 25 miles per hour in any urban district; and
[(c) 65 miles per hour on highways where this speed limit does not impair the ability of
the state to qualify for federal highway funds; and]
[(d)] (c) 55 miles per hour in other locations.
(3) Except as provided in Section 41-6-48.5
, any speed in excess of the limits provided in
[Subsection (2)] this section or established under Section 41-6-47
or
41-6-48
, is prima facie evidence
that the speed is not reasonable or prudent and that it is unlawful.
(4) The governor by proclamation in time of war or emergency may change the speed limits
on the highways of the state.
Section 2.
Section
41-6-47
is amended to read:
41-6-47. Speed limits established on state highways.
[(1) (a) When the Department of Transportation determines upon the basis of an engineering
and traffic investigation that any prima facie speed under this article is not reasonable or safe under
the existing conditions at any intersection or other place or on a state highway, the Department of
Transportation may determine a reasonable and safe prima facie speed limit.]
(1) The Department of Transportation may determine the reasonable and safe speed limit
for each highway or section of highway under its jurisdiction. Each speed limit shall be based on
traffic engineering and safety studies for each highway or section of the highway including:
(a) the design speed;
(b) prevailing vehicle speeds;
(c) accident history;
(d) highway, traffic, and roadside conditions; and
(e) other highway safety factors.
(2) In addition to the provisions of Subsection (1), the Department of Transportation may
establish different speed limits on a highway or section of highway based on time of day, highway
construction, type of vehicle, weather conditions, and other highway safety factors.
(3) (a) A posted speed limit may not exceed 65 miles per hour except on limited access
highways which may not exceed 75 miles per hour.
(b) This subsection is an exception to the provisions of Subsections (1) and (2).
[(b)] (4) When establishing or changing a speed limit, the Department of Transportation shall
consult with [local political units]:
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(a) the county or municipality prior to erecting or changing any signs within [local] the
county or municipality's political boundaries[.]; and
(b) the Department of Public Safety and the Transportation Commission.
[(2)] (5) The speed limit is effective when appropriate signs giving notice are erected [at the
intersection or other place or part of] along the highway or section of the highway.
Section 3.
Section
41-6-48
is amended to read:
41-6-48. Speed limits established by counties and municipalities.
[(1) When local authorities in their respective jurisdictions determine on the basis of an
engineering and traffic investigation that the prima facie speed permitted under this article is not
reasonable and safe under the conditions found to exist upon a highway or part of a highway, the
local authority may determine a reasonable and safe prima facie limit which:]
[(a) decreases the limit at intersections;]
[(b) increases the limit within an urban district; or]
[(c) decreases the limit outside an urban district, but not to less than 35 miles per hour.]
[(2) Local authorities in their respective jurisdictions shall determine by an engineering and
traffic investigation the prima facie speed for all highways under their respective jurisdictions and
shall declare a reasonable and safe prima facie limit, which may be different than the prima facie
speed permitted under this chapter for an urban district.]
[(3) Any limit altered under this section is effective when appropriate signs giving notice
are erected upon the highway.]
(1) A county or municipality may determine the reasonable and safe speed limit for each
highway or section of highway under its jurisdiction as specified under Title 27, Chapter 12,
Highway Code. Each speed limit shall be established in accordance with the provisions of Section
41-6-47
.
[(4) The] (2) In accordance with Section 41-6-47
, the Department of Transportation
[determines prima facie evidence of a lawful] is responsible for establishing speed limits on state
highways whether the highways are within or without the corporate limits of any [city] municipality
as specified under Title 27, Chapter 12, Highway Code.
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