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Summary of State Speed Laws - NHTSA

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Basis for a <strong>Speed</strong> Law Violation<br />

(continued)<br />

Posted (Minimum) <strong>Speed</strong> Limit: I. After engineering and traffic investigations, the <strong>State</strong> or<br />

local governments (within their jurisdictions) may establish a<br />

minimum speed limit for a highway. §§316.187(2)(d) and<br />

316.189(3) Note: via signs, “specified traffic” (i.e. slower<br />

moving traffic) may be directed to use designated lanes.<br />

§316.089(3)<br />

II. Based on safety consideration, the <strong>State</strong> or a local<br />

government may prohibit the operation <strong>of</strong> “low speed<br />

vehicles” on the roads under their respective jurisdictions.<br />

§316.2122(5). A “low speed vehicle” is defined as “any fourwheeled<br />

electric vehicle whose top speed is greater then 20<br />

miles per hour but not greater than 25 miles per hour....”<br />

§320.01(42)<br />

Other: I. No school bus shall exceed the posted speed limit or 55<br />

mph. §316.183(3)<br />

II. No person shall exceed the posted speed limit in a work<br />

zone. §316.183(6)<br />

III. No person shall exceed the posted speed limit in a school<br />

zone. 97 §316.1895(10)<br />

Adjudication <strong>of</strong> <strong>Speed</strong> Law Violations:<br />

Civil/Criminal Adjudication <strong>of</strong> Violation: All speed law violations are noncriminal traffic infractions<br />

(Moving Violations). §§316.183(7), 316.187(3), 316.189(4),<br />

316.1895(9), 316.655(1), 318.13(3) and 318.14(1)<br />

Other:<br />

Sanctions Following an Adjudication <strong>of</strong> a <strong>Speed</strong> Law Violation:<br />

Criminal Sanctions:<br />

Imprisonment:<br />

Term (Day, Month, Years, Etc.): None<br />

Mandatory Minimum Term:<br />

Fine:<br />

Amount ($ Range): I. Exceeding the <strong>Speed</strong> Limit where the <strong>of</strong>fense is not<br />

adjudicated-Civil Penalty 98 — $25 to $250 depending upon<br />

the extent <strong>of</strong> the violation 99 §318.18(3)(b)<br />

97 A school zone speed limit cannot be more than 20 mph. Such limit may only be in force 30 minutes before, during and<br />

after students are arriving or leaving a regularly scheduled school session. §316.1895(5)<br />

98 i.e., this sanction is imposed on violators who elect not have a hearing.<br />

99 I. For exceeding the speed limit from 1 to 5 mph, a warning is issued. For exceeding the speed limit from 6 to 9 mph,<br />

the fine is $25. For exceeding the speed limit from 10 to 14 mph, the fine is $100. For exceeding the speed limit from 15<br />

to 19 mph, the fine is $125. For exceeding the speed limit from 20 to 29 mph, the fine is $150. And, for exceeding the<br />

speed limit by 30 mph, the fine is $250. §318.18(3)(b). II. For exceeding the speed limit in a school zone ≤5mph, the fine<br />

is $50. Otherwise, for exceeding the speed limit in a school zone, the assessed fine is double the amount indicated in I.<br />

§318.18(3)(c) III. For exceeding the speed limit in a construction zone (except for speeds ≤5 mph over the posted speed<br />

limit), the assessed fine is double the amount indicated in I. §318.18(3)(d)<br />

SPEED 2005 50

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