From the U.S. Code Online via GPO Access [wais.access.gpo.gov] [Laws in effect as of January 24, 1994] [Document not affected by Public Laws enacted between January 24, 1994 and January 3, 1995] [CITE: 23USC154] TITLE 23--HIGHWAYS CHAPTER 1--FEDERAL-AID HIGHWAYS Sec. 154. National maximum speed limit (a) The Secretary of Transportation shall not approve any project under section 106 in any State which has (1) a maximum speed limit on any public highway within its jurisdiction in excess of fifty-five miles per hour other than a highway on the Interstate System located outside of an urbanized area of 50,000 population or more, (2) a maximum speed limit on any highway within its jurisdiction on the Interstate System located outside of an urbanized area of 50,000 population or more in excess of 65 miles per hour, (3) a maximum speed limit in excess of 65 miles per hour on any highway within its jurisdiction located outside an urbanized area of 50,000 population or more (A) which is constructed to interstate standards in accordance with section 109(b) of this title and connected to a highway on the Interstate System, (B) which is a divided 4-lane fully controlled access highway designed or constructed to connect to a highway on the Interstate System posted at 65 miles per hour and constructed to design and construction standards as determined by the Secretary which provide a facility adequate for a speed limit of 65 miles per hour, or (C) which is constructed to the geometric and construction standards adequate for current and probable future traffic demands and for the needs of the locality and is designated by the Secretary as part of the Interstate System in accordance with section 139(c) of this title, or (4) a speed limit on any other portion of a public highway within its jurisdiction which is not uniformly applicable to all types of motor vehicles using such portion of highway, if on November 1, 1973, such portion of highway had a speed limit which was uniformly applicable to all types of motor vehicles using it. A lower speed limit may be established for any vehicle operating under a special permit because of any weight or dimension of such vehicle, including any load thereon. Clause (4) of this subsection shall not apply to any portion of a highway during such time that the condition of the highway, weather, an accident, or other condition creates a temporary hazard to the safety of traffic on such portion of a highway. (b) As used in this section the term ``motor vehicle'' means any vehicle driven or drawn by mechanical power manufactured primarily for use on public highways, except any vehicle operated exclusively on a rail or rails. (c) Notwithstanding the provisions of section 120 sums apportioned to any State under section 104 shall be available to pay the entire cost of any modification of the signing of the Federal-aid highways for which such sums are apportioned within such State due to a reduction in speed limits to conserve fuel if such change in signing occurs or has occurred after November 1, 1973. (d) The requirements of this section shall be deemed complied with by administrative action lawfully taken by the Governor or other appropriate State official that complies with this section. (e) Each State shall submit to the Secretary such data as the Secretary determines by rule is necessary to support its certification under section 141 of this title for the twelve-month period ending on September 30 before the date the certification is required, including data on the percentage of motor vehicles exceeding the speed limit on maximum speed limit highways in accordance with criteria to be established by the Secretary, including criteria which takes into account the variability of speedometer readings and criteria based upon the speeds of all vehicles or a representative sample of all vehicles. Such data shall include, but not be limited to, data on citations, travel speeds, and the posted speed limit and the design characteristics of roads from which such travel speed data are gathered. The Secretary shall issue regulations which ensure (1) that the monitoring programs conducted by the States to collect data for purposes of this subsection are uniform, (2) that devices and equipment under such programs are placed at locations on maximum speed limit highways on a scientifically random basis which takes into account the relative risk, as determined by the Secretary, of motor vehicle accidents occurring considering the classes of such highways and the speeds at which vehicles are traveling on such classes of highways, and (3) that the data submitted under this subsection will be in such form as the Secretary determines is necessary to carry out this section. [(f) to (h) Repealed. Pub. L. 102-240, title I, Sec. 1029(g), Dec. 18, 1991, 105 Stat. 1970.] (i) Annual Report.--The Secretary shall transmit to Congress an annual report on travel speeds of motor vehicles on roads subject to subsection (a), State enforcement efforts with respect to speeding violations on such roads, and speed-related highway safety statistics. (Added Pub. L. 93-643, Sec. 114(a), Jan. 4, 1975, 88 Stat. 2286; amended Pub. L. 95-599, title II, Sec. 205, Nov. 6, 1978, 92 Stat. 2729; Pub. L. 97-35, title XI, Sec. 1108, Aug. 13, 1981, 95 Stat. 626; Pub. L. 100-17, title I, Sec. 174, Apr. 2, 1987, 101 Stat. 218; Pub. L. 102-240, title I, Sec. 1029(a), (b), (e), (g), Dec. 18, 1991, 105 Stat. 1968-1970.) Amendments 1991--Subsec. (a). Pub. L. 102-240, Sec. 1029(a), inserted cl. (3), and redesignated former cl. (3) and reference thereto as (4). Subsec. (e). Pub. L. 102-240, Sec. 1029(b), substituted ``the speed limit on maximum speed limit highways'' for ``fifty-five miles per hour on public highways with speed limits posted at fifty-five miles per hour'' and inserted at end ``Such data shall include, but not be limited to, data on citations, travel speeds, and the posted speed limit and the design characteristics of roads from which such travel speed data are gathered. The Secretary shall issue regulations which ensure (1) that the monitoring programs conducted by the States to collect data for purposes of this subsection are uniform, (2) that devices and equipment under such programs are placed at locations on maximum speed limit highways on a scientifically random basis which takes into account the relative risk, as determined by the Secretary, of motor vehicle accidents occurring considering the classes of such highways and the speeds at which vehicles are traveling on such classes of highways, and (3) that the data submitted under this subsection will be in such form as the Secretary determines is necessary to carry out this section.'' Subsecs. (f) to (h). Pub. L. 102-240, Sec. 1029(g), struck out subsecs. (f) to (h) which read as follows: ``(f) If the data submitted by a State pursuant to subsection (e) of this section show that the percentage of motor vehicles exceeding 55 miles per hour on public highways with speed limits posted at 55 miles per hour is greater than 50 percent, the Secretary shall reduce the State's apportionment of Federal-aid highway funds under each of sections 104(b)(1), 104(b)(2), and 104(b)(6) of this title in an aggregate amount of up to 5 percent of the amount to be apportioned for the following fiscal year, in the case of fiscal years 1982 and 1983, and up to 10 percent, in the case of subsequent fiscal years. ``(g) In any case where the Secretary determines, in accordance with criteria established by the Secretary, that a reduction in apportionment required by subsection (f) of this section would result in hardship to a State, the fiscal year apportionment reduced for such State shall be the apportionment for one fiscal year later than the fiscal year to which such reduction would apply under subsection (f) but for such hardship determination. ``(h) The Secretary shall promptly apportion to a State any funds which have been withheld pursuant to subsection (f) of this section if he determines that the percentage of motor vehicles in such State exceeding fifty-five miles per hour has dropped to the level specified for the fiscal year for which the funds were withheld.'' Subsec. (i). Pub. L. 102-240, Sec. 1029(e), added subsec. (i). 1987--Subsec. (a). Pub. L. 100-17, Sec. 174(a), inserted ``other than a highway on the Interstate System located outside of an urbanized area of 50,000 population or more,'' after ``hour'' in cl. (1), inserted cl. (2), and redesignated former cl. (2) and reference thereto as (3). Subsec. (f). Pub. L. 100-17, Sec. 174(b), inserted ``on public highways with speed limits posted at 55 miles per hour'' after ``hour''. 1981--Subsec. (f). Pub. L. 97-35, Sec. 1108(a), substituted provisions relating to reduction of funds, under specified criteria, for fiscal years 1982, 1983, and subsequent fiscal years, for provisions relating to reduction of funds, under certain criteria, for fiscal years ending Sept. 30, 1981, through fiscal years ending Sept. 30, 1985, and for each succeeding fiscal year thereafter. Subsec. (i). Pub. L. 97-35, Sec. 1108(b), struck out subsec. (i) which related to incentive grants to States for the twelve-month periods ending Sept. 30, 1979, Sept. 30, 1980, Sept. 30, 1981, Sept. 30, 1982, and Sept. 30, 1983, and for each succeeding twelve-month period thereafter, and apportioned amounts available to a State. 1978--Subsecs. (e) to (i). Pub. L. 95-599 added subsecs. (e) to (i). Effective Date of 1991 Amendment Amendment by section 1029(a), (b) of Pub. L. 102-240 effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Pub. L. 102-240, set out as a note under section 104 of this title. Section 1029(g) of Pub. L. 102-240 provided that the amendment made by that section is effective on the 730th day following Dec. 18, 1991. Establishment of Speed Limit Enforcement Requirements Section 1029(c) of Pub. L. 102-240 provided that: ``(1) Proposed rule.--Not later than 1 year after the date of the enactment of this Act [Dec. 18, 1991], the Secretary shall publish in the Federal Register a proposed rule to establish speed limit enforcement requirements which, at a minimum, shall-- ``(A) provide for the transfer of apportionments under section 104(b) of title 23, United States Code (other than paragraph (5)), if a State fails to enforce speed limits in accordance with this section [amending this section and enacting provisions set out as notes below] and such rule; and ``(B) include a formula for determining compliance with the requirements of this section and such rule which-- ``(i) assigns a greater weight for violations of such speed limits in proportion to the amount by which the speed of the motor vehicle exceeds the speed limit; and ``(ii) differentiates between the type of road on which the violations occur. ``(2) Factors to consider.--In developing the compliance formula in accordance with paragraph (1), the Secretary shall consider factors relating to the enforcement efforts made by the States and data concerning fatalities and serious injuries occurring on roads to which subsection (a) [amending this section] applies and any other factors relating to speed limit enforcement and speed-related highway safety trends which the Secretary determines appropriate. ``(3) Final rule.--Not later than 60 days after the date of publication of the proposed rule under paragraph (1), the Secretary shall publish in the Federal Register a final rule which meets the requirements of paragraph (1) and which shall take effect no later than 12 months after the date of its publication in the Federal Register.'' Administration Section 1029(d) of Pub. L. 102-240 provided that: ``The Secretary shall carry out sections 154 and 141(a) of title 23, United States Code, through the National Highway Traffic Safety Administration and the Federal Highway Administration.'' Enforcement Moratorium Section 1029(f) of Pub. L. 102-240 provided that: ``No State shall be subject under section 141 or 154 of title 23, United States Code, to withholding of apportionments for failure to comply in fiscal years 1990 and 1991 with section 154 of such title, as in effect on the day before the date of the enactment of this Act [Dec. 18, 1991], or section 141(a) of such title.'' National 55 MPH Speed Limit Enforcement Penalties Pub. L. 102-143, title III, Sec. 332, Oct. 28, 1991, 105 Stat. 944, provided that: ``Notwithstanding sections 141(a) and 154 of title 23, United State Code, none of the funds in this or any previous or subsequent Act shall be used for the purpose of reducing or reserving any portion of a State's apportionment of Federal-aid highway funds as required by section 154(f) of title 23, United States Code, for reason of noncompliance with the criteria of that subsection during fiscal year 1990. The Secretary shall promptly restore any apportionments which, prior to enactment of this Act [Oct. 28, 1991], were reduced or reserved from obligation for reason of noncompliance under section 154(f) during said fiscal year.'' Similar provisions were contained in the following prior appropriation act: Pub. L. 101-516, title III, Sec. 331, Nov. 5, 1990, 104 Stat. 2184. Demonstration Program for Sixty-Five MPH Speed Limit Pub. L. 100-202, Sec. 101(l) [title III, Sec. 329], Dec. 22, 1987, 101 Stat. 1329-358, 1329-383, provided that: ``(a) Any project approval under section 106 of title 23, United States Code, shall not be withheld under sections 154(a) and 141(a) of title 23, United States Code, in fiscal years 1988, 1989, 1990, and 1991 with respect to a highway located in a State eligible under subsection (b), having a maximum speed limit of not more than sixty-five miles per hour and located outside an urbanized area of fifty thousand population, which is-- ``(1) constructed to interstate standards in accordance with section 109(b) of title 23, United States Code and connected to an Interstate highway posted at sixty-five miles per hour; ``(2) a divided four-lane fully controlled access highway designed or constructed to connect to an Interstate highway posted at sixty-five miles per hour and constructed to design and construction standards as determined by the Secretary of Transportation which provide a facility adequate for a speed limit of sixty-five miles per hour; or ``(3) constructed to the geometric and construction standards adequate for current and probable future traffic demands and for the needs of the locality and is designated by the Secretary of Transportation as part of the Interstate System in accordance with section 139(c) of title 23, United States Code. ``(b) Participation in the demonstration program authorized by this section is available only to the first twenty States that post maximum speed limits of sixty-five miles per hour before July 1, 1988, in accordance with the requirements of subsection (a).'' Study of Benefits of 55 M.P.H. National Maximum Speed Limit Pub. L. 97-424, title II, Sec. 204, Jan. 6, 1983, 96 Stat. 2138, provided that: ``The Secretary of Transportation shall undertake to enter into appropriate arrangements with the National Academy of Sciences to conduct a comprehensive study and investigation of (1) the benefits, both human and economic, of lowered speeds due to the enactment of the 55 mile per hour National Maximum Speed Limit, with particular attention to savings to the taxpayers, and (2) whether the laws of each State constitute a substantial deterrent to violations of the maximum speed limit on public highways within such State. In entering into any arrangement with the National Academy of Sciences for conducting such study and investigation, the Secretary shall request the National Academy of Sciences to report to the Secretary and the Congress not later than twelve months after the date of enactment of this Act [Jan. 6, 1983] on the results of such study and investigation, together with its recommendations. The Secretary shall furnish to such Academy at its request any information which the Academy deems necessary for the purpose of conducting the investigation and study authorized by this section.'' Section Referred to in Other Sections This section is referred to in sections 141, 153, 157, 410 of this title.