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Summary of State Speed Laws - NHTSA

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PURPOSE<br />

This summary reports ONLY the status <strong>of</strong> <strong>State</strong><br />

statutes or regulations that are concerned with either<br />

speed limit or speed-related violations. Local laws<br />

are not reported. Unless otherwise indicated, the<br />

status <strong>of</strong> the <strong>State</strong> laws or regulations reported is<br />

January 1, 2006.<br />

ORGANIZATION<br />

The summary is divided into two areas: (1)<br />

Introduction; (2) a <strong>State</strong>-by-<strong>State</strong>-Analysis. The<br />

<strong>State</strong>-by-<strong>State</strong> Analysis is organized by <strong>State</strong> and<br />

then by specific legal topics. The <strong>State</strong>-by-<strong>State</strong><br />

Analysis includes code and case law citations; these<br />

should help individuals conducting additional<br />

research in this area <strong>of</strong> the law. The <strong>State</strong>-by-<strong>State</strong><br />

Analysis can be used to facilitate the comparison <strong>of</strong><br />

<strong>State</strong> laws in the subject areas.<br />

The Appendix, using the <strong>State</strong>-by-<strong>State</strong> analysis<br />

format, gives the Uniform Vehicle Code’s<br />

provisions on speed limit and speed-related<br />

<strong>of</strong>fenses.<br />

EXPLANATIONS<br />

Basic <strong>Speed</strong> Rule: The Basic <strong>Speed</strong> Rule requires<br />

vehicle operators to drive at a speed that is<br />

reasonable and prudent. As a corollary to this rule,<br />

<strong>State</strong> laws usually provide that "every person shall<br />

drive at a safe and appropriate speed when<br />

approaching and crossing an intersection or railroad<br />

grade crossing, when approaching and going around<br />

a curve, when approaching a hill crest, when<br />

traveling upon any narrow or winding roadway, and<br />

when special hazards exist with respect to<br />

pedestrians or other traffic or by reason <strong>of</strong> weather<br />

or highway conditions." See Uniform Vehicle<br />

Code §11-801.<br />

INTRODUCTION<br />

Minimum <strong>Speed</strong> Rule: The Minimum <strong>Speed</strong> Rule<br />

prohibits a person from operating a motor vehicle at<br />

such a slow speed as to impede the normal and<br />

reasonable movement <strong>of</strong> traffic. However, in order<br />

to avoid a possible conflict with the basic speed<br />

rule, the law normally provides that a slow speed is<br />

permissible when "reduced speed is necessary for<br />

safe operation or in compliance with law." See<br />

Uniform Vehicle Code §11-805(a).<br />

Racing on the Highway: "Racing on the highway"<br />

is usually defined as driving "any vehicle in any<br />

race, speed competition or contest, drag race or<br />

acceleration contest, test <strong>of</strong> physical endurance,<br />

exhibition <strong>of</strong> speed or acceleration, or for the<br />

purpose <strong>of</strong> making a speed record." See Uniform<br />

Vehicle Code §11-809(a).<br />

Drag Racing: Either as part <strong>of</strong> the <strong>of</strong>fense <strong>of</strong><br />

highway racing or as a separate statutory crime, the<br />

<strong>of</strong>fense <strong>of</strong> "drag racing" is normally defined as "the<br />

operation <strong>of</strong> two or more vehicles from a point side<br />

by side at accelerating speed in competitive attempt<br />

to outdistance each other, or the operation <strong>of</strong> one or<br />

more vehicles over a common selected course, from<br />

the same point to the same point, for the purpose <strong>of</strong><br />

comparing the relative speeds or power <strong>of</strong><br />

acceleration <strong>of</strong> such vehicles or vehicles within a<br />

certain distance or time limit." See Uniform<br />

Vehicle Code §11-809(b).<br />

Reckless Driving: "Reckless driving" is normally<br />

defined as driving "any vehicle in willful or wanton<br />

disregard for the safety <strong>of</strong> persons or property."<br />

See Uniform Vehicle Code §11-901(a). Note:<br />

<strong>Speed</strong> is not necessarily a factor in this <strong>of</strong>fense.<br />

iii SPEED 2005

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