Malcolm Rivera
Speed limits are an essential aspect of road safety, and while they vary across different jurisdictions, they are enforceable by law. In the United States, the National Maximum Speed Limit (NMSL) was a notable provision enacted in 1974, limiting speeds to 55 mph. This was increased to 65 mph in 1987 and repealed in 1995. The NMSL was established under the Emergency Highway Energy Conservation Act, which utilized the Commerce Clause of the US Constitution. While speed limits are generally set by state legislatures, the NMSL required states to comply with the federal limit to receive highway funding. This led to a decrease in traffic fatalities, but some states opposed it, and it was widely disregarded by motorists. Today, speed limits continue to be a topic of debate, with some arguing for their constitutionality and others for their removal.
| Characteristics | Values |
|---|---|
| National Maximum Speed Limit | 55 mph (89 km/h) |
| Year of introduction | 1974 |
| Year of repeal | 1995 |
| Reasons for introduction | Oil price spikes and supply disruptions during the 1973 oil crisis |
| Actual reduction in gasoline consumption | 0.5% to 1% |
| Law enforcement concerns | Some law enforcement officials questioned the speed limit, arguing that it was unnecessary to enforce it during certain times and locations |
| State opposition | Nevada challenged the law by posting a 70 mph (110 km/h) limit on a section of Interstate 80 |
| Impact on traffic fatalities | Decrease in fatalities of about 3,000 to 5,000 lives in 1974, and about 2,000 to 4,000 lives saved annually thereafter through 1983 |
| Constitutional arguments | Some argue that speed limits are unconstitutional for vagueness and overbreadth |
| Speed limit enforcement | Enforceable by law even without posted speed limit signs |
| Variable speed limits | Implemented in some states, such as Missouri and Pennsylvania, depending on traffic conditions |
| School zone speed limits | Typically range from 15 to 25 mph in urban and suburban areas |
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What You'll Learn
The Commerce Clause
By 1937, the Court reversed course due to intense political fallout from its New Deal decisions and adopted a broader reading of the Commerce Clause. Between 1937 and 1995, the Supreme Court developed an extremely expansive view, and no federal laws were found to violate Congress's commerce power during this period. One notable decision was Wickard v. Filburn, where the Court upheld Congress's power to impose a quota on wheat grown by a single farmer for personal consumption. The Court found that while individual conduct might not directly affect commerce, the cumulative impact of many farmers could affect the price and availability of wheat, thus impacting interstate commerce.
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School zones
In the US, there is no federal law that dictates speed limits in school zones. Instead, the authority to determine and establish speed limits is delegated to local authorities, including counties, municipalities, and local public boards. These entities have the power to adopt local police regulations under their respective state constitutions and laws.
For example, in California, the speed limit within 500 to 1,000 feet of a school while children are outside or crossing the street is 25 mph unless otherwise posted. Some school zones in California may have even lower speed limits, as low as 15 mph. It is important to always observe these speed limits to ensure the safety of pedestrians and to allow sufficient time to brake and avoid accidents.
Similarly, in Arizona, the school zone speed limit is set at 15 mph, with fines for speeding being double the usual amount. Arizona law also prohibits passing other vehicles in school zones, even if the passing driver remains below the reduced speed limit. This is to ensure the safety of children who may be walking or riding their bikes to or from school.
In Washington State, RCW 46.61.440 authorizes local authorities to establish school and playground speed zones, allowing speeds as low as 20 mph within 300 feet of the border of the school or playground property. The activation of these speed zones may be based on the time of day, such as during school hours, or through the use of flashing beacons or signage indicating "when children are present."
While there is no federal constitution-level discussion of speed limits in school zones, it is clear that local and state authorities take this matter seriously and have implemented measures to ensure the safety of children in these areas. These measures include reduced speed limits, increased fines, and specific rules regarding passing stopped school buses and obeying crossing guards.
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Work zones
It is important to note that regulations regarding work zone speed limits can vary from state to state and country to country. In some jurisdictions, the speed limit posted in a work zone is a legal requirement, regardless of whether workers are present or not. For example, in Texas, fines for speeding in work zones are typically doubled when workers are present, emphasizing the importance of work zone safety.
Drivers may encounter variable speed limits in work zones, which adjust based on factors such as time of day, traffic volume, or specific work activities. These variable speed limits are displayed on electronic signs, and drivers are expected to adhere to the posted limit, even if workers are not immediately visible. Failing to comply with posted speed limits in work zones can result in legal consequences, including fines, points on driving records, and increased insurance premiums.
Compliance with work zone speed limits is crucial for the safety of all road users. By respecting these limits, drivers contribute to a safer driving environment for themselves, other drivers, and any workers who may be present. It is essential to stay informed about the specific regulations in the areas where one drives to ensure a responsible and law-abiding approach to navigating work zones.
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Variable limits
Variable speed limits (VSLs) are used to help manage speed and traffic flow in changing conditions. They are often used on roads with significant variations in congestion throughout the day or due to crashes, as well as roads with frequent weather conditions that affect safe travel speed. Sensors in the road detect congestion or weather conditions, then automatically lower the speed limit in stages to manage a more gradual slowing of traffic, delay the onset of congestion, and smooth traffic flow. These changes, along with lower speeds, have the potential to reduce crashes, including secondary crashes.
VSLs have been found to reduce crashes, especially rear-end crashes, and speeds in some cases, while improving flow capacity and travel time reliability. An evaluation of a system deployed to address low visibility and heavy fog on I-77 in Virginia found significant reductions in mean speeds and speed variance during activation in foggy areas. A Wyoming freeway VSL system showed speed reductions from 0.47 to 0.75 mph for every mph reduction in the speed limit.
As of 2016, at least 13 U.S. states provided information on VSL systems in use. States that have used VSL systems to alter speed limits for weather conditions include Alabama, Delaware, and Washington. Oregon has used VSL in both rural and urban areas. Variable speed limits or advisory limits have also been used in work zones in some states, including Utah, Minnesota, and Texas.
In Europe, VSLs have long been used on freeways to help manage speed and traffic flow in changing conditions. Germany is the only country where some motorways do not have a maximum speed limit, and the Isle of Man is the only jurisdiction without a general speed limit on rural two-lane roads. In 2008, the German Automobile Manufacturer's Association called for variable speed limits, arguing that raising speed limits in some European countries had "no negative impact on traffic safety".
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Enforcement
Speed limits are enforceable by law and are applicable even if the speed limit sign is not posted. These posted speed limits are sometimes called regulatory speed limits and are sign-posted along the roads. They can be established by a city, county, or state transportation agency as an adjustment to the statutory speed limit. In some cases, cities and counties will establish a blanket speed limit for roads in their jurisdictions, generally posted at the city limits or county lines.
The National Maximum Speed Limit (NMSL) was a provision of the federal government of the United States' 1974 Emergency Highway Energy Conservation Act, which prohibited speed limits higher than 55 miles per hour (89 km/h). This uniform speed limit was signed into law by Nixon on January 2, 1974, and required states to agree to the limit if they wanted to receive federal funding for highway repair. The NMSL was widely disregarded by motorists and opposed by some states, but it remained in place until 1995 as proponents claimed it reduced traffic fatalities.
Despite the NMSL, some states introduced higher speed limits, such as Texas, which introduced an 85 mph (136 km/h) limit in 2011. After the repeal of the NMSL, highway safety advocates have argued that increases in state speed limits have negatively impacted highway safety, with studies supporting this claim. For example, the Insurance Institute for Highway Safety found that "each 5 mph increase in the maximum speed limit resulted in a 4 percent increase in fatalities."
While the NMSL is no longer in effect, individual states continue to set and enforce their own speed limits. These speed limits can vary depending on the type of road and local conditions. For example, school zone speed limits are typically lower than those on highways, and variable speed limits may be implemented in construction zones or where roadway conditions regularly require reduced speeds. Enforcement of these speed limits is typically through the use of speed limit signs and traffic enforcement officers, who may use radar devices to monitor speeds and issue citations for speeding.
Some have argued that speed limits are unconstitutional and urged officials to rescind speed limit laws. One argument is that speed limits are vague and overbroad, as seen in the Montana Supreme Court case, where a conviction for speeding at an unspecified "reasonable and proper" speed was overturned as it violated the Due Process Clause of the Montana Constitution. Additionally, there are specific guidelines for the use of radar devices in speed enforcement, as seen in the People v. Ferency case, which outlined the requirements for the admissibility of radar evidence in court.
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Frequently asked questions
No, the Constitution does not explicitly mention speed limits. However, the Commerce Clause of the United States Constitution was used to implement the National Maximum Speed Law, which set a speed limit of 55 mph on all four-lane divided highways.
Statutory speed limits are set by state legislatures and can vary from state to state. These limits are established for specific types of roads, such as interstates, rural highways, or urban streets. Some states, like California, have a Basic Speed Law that allows for prosecution or defence based on road, weather, or traffic conditions, regardless of the posted speed limit.
Speed limits can be changed or adjusted by city, county, or state transportation agencies. They can also be challenged as unconstitutional, as in the case of Montana, where a speed limit law was overturned for being too vague and violating the Due Process Clause of the Montana Constitution.
