Question and Answers
On the Repeal of National Maximum Speed Limit

From The Federal Highway Administration

Section 205(d) - Repeal of National Maximum Speed Limit Compliance Program

Question:

When was the National Maximum Speed Limit (NMSL) repealed?

Answer:

With the President signing the NHS Designation Act of 1995 on November 28, 1995, the repeal of the NMSL was effective in each State on December 8, 1995 unless:

If these conditions are met, the repeal of the NMSL will be applicable to that State on the 60th day following the date the State legislature convenes.

Question:

To whom should the State Chief Executive Officer's request for the later applicability date be directed?

Answer:

The new law does not specify the manner in which the State Chief Executive Officer must make the declaration. We presume that the declaration should be made in accordance with State law. The Department would like to be advised of the State's intentions.

Question:

What happens if a State chooses the later applicability date?

Answer:

This option maintains the status quo regarding maximum speed limits in the State until the State legislature convenes and allows the State to consider necessary administrative or legislative action in this area. Sixty (60) days after the legislature reconvenes, the NMSL will no longer be applicable in the State.

Question:

Does NMSL repeal automatically raise the State's maximum speed limit to the pre-NMSL speed limit?

Answer:

No. In most States the maximum limits are set pursuant to a law or administrative requirement and therefore, individual State action is required to change the speed limit. However, in some States the speed limits automatically revert to the limits in effect before the NMSL.

Question:

Do States have to change their maximum speed limit?

Answer:

No, States do not have to change their speed limits and can retain their existing maximum speed limits. However, they should review their respective State laws and regulations to ensure that their speed limits are not predicated on the existence of a NMSL. In at least two States (Minnesota and New Hampshire), the Governor has been granted authority to set maximum speed limits. Administrative or legislative action is needed to change maximum speed limits in the other States.

Question:

How many States are considering increasing their speed limits?

Answer:

At this point, the estimate on how many States will increase their maximum speed limits varies anywhere from nine to 37. This information has been gathered from an informal polling of the FHWA and National Highway Traffic Safety Administration (NHTSA) field offices, the Insurance Institute for Highway Safety poll of Governors' Highway Safety Representatives, and media reports.

Question:

Why is there such a range in these estimates?

Answer:

Different sources within States have been contacted by various groups seeking information about how the repeal of the NMSL will affect each State. Since administrative or legislative action is required in most States, there is no way to accurately predict the outcome.

Question:

Can a State set different maximum speed limits for passenger cars versus heavy trucks and other commercial vehicles?

Answer:

Yes. However, the DOT cautions that differential speed limits increase the speed variance on roadways, which in turns increases the chances of a crash occurring. Lane changes increase as the ranges of vehicle speeds on the roadway increase.

Question:

Are there any additional Federal funds available to absorb the costs associated with repeal of the NMSL (i.e., replacing speed limit signs, re-marking no-passing zones, conducting engineering studies, etc.)?

Answer:

No additional funds are authorized in relation to the repeal of NMSL. Existing Federal-aid funds are available to the States for eligible projects on Federal-aid routes.

Question:

What action will be taken if a State sets a speed limit greater than the design speed?

Answer:

The FHWA will work closely with States and recommend that appropriate engineering criteria be used in setting speed limits.

Administrative

Question:

Will States be required to submit NMSL certification or compliance statements normally due on January 1, 1996 for FY 1995?

Answer:

With the repeal of the NMSL, States are not required to submit the NMSL certification or compliance statements.

Question:

Is compliance with the monitoring and reporting procedures associated with the NMSL still required?

Answer:

The repeal of the NMSL eliminates any Federal requirements for collecting and monitoring data on speed limits.

Question:

What will happen with 23 CFR 1260?

Answer:

After all States have met the provisions of Section 205(d) and had an opportunity to either change their speed limits or leave them as is, the FHWA will take the necessary steps to delete the provisions in 23 CFR 1260.

Question:

Will the DOT formally notify the States on the change to the NMSL?

Answer:

Since the law has deleted the NMSL program requirements, the only formal notification needed is a technical correction in the Federal Register to delete 23 CFR 1260.

Question:

Many States have recently installed new speed monitoring equipment. Will the States be encouraged to continue a voluntary speed monitoring program?

Answer:

States are strongly encouraged to continue monitoring speed for their own information and in order to submit data that is necessary for the Safety Report specified under Section 347 of P.L. 104-59, the NHS Designation Act if they change their speed limits from NMSL levels.

Question:

Will there be voluntary submission of speed data for FHWA to do a national report on speed statistics? Speed trend data are now reported in the annual Highway Statistics Report in tables V-137-139. Will this continue?

Answer:

The FHWA and NHTSA will continue to monitor speeds on a national basis and may depend on Highway Performance Monitoring System as well as other voluntarily submitted speed data to continue to do this.

Source: http://cti1.volpe.dot.gov/ohim/nhsqa.html

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