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BILL AS INTRODUCED 2007-2008

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H.607

Introduced by Representative Nuovo of Middlebury

Referred to Committee on

Date:

Subject:  Motor vehicles; speed limit; municipal; state highways; 15 miles per hour

Statement of purpose:  This bill proposes to authorize the legislative body of a municipality to set the speed limit down to 15 miles per hour on town highways and on state highways within their jurisdiction that have 20 or more residences within one‑quarter of a mile.

AN ACT RELATING TO MUNICIPAL AUTHORITY TO SET SPEED LIMITS ON STATE AND TOWN HIGHWAYS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  23 V.S.A. § 1007 is amended to read:

§ 1007.  LOCAL SPEED LIMITS

(a)  The legislative body of a municipality may establish, on the basis of an engineering and traffic investigation, a speed limit on all or a part of any city, town or village highway within its jurisdiction, which:

(1)  is not more than 50 miles per hour; however, after considering neighborhood character, abutting land use, bicycle and pedestrian use, and physical characteristics of the highways, the legislative body of a municipality may vote to set the maximum speed limit, without an engineering and traffic investigation, at not more than 50 miles per hour nor less than 35 miles per hour, on all or a portion of unpaved town highways within its boundaries, unless otherwise posted in accordance with the provisions of this section; or

(2)  is not less than 25 15 miles per hour.

(b)  If the legislative body of a municipality votes to set the speed limit on all unpaved town highways in its boundaries at no more than 50 miles per hour nor less than 35 miles per hour as provided for in subdivision (a)(1) of this section, signs shall be located at points of change from one speed limit to another.

(b)(c)  The legislative body of a city may establish, on the basis of an engineering and traffic investigation, a speed limit on all or a part of any state highway, other than a limited access highway, within its jurisdiction, which:

(1)  is not more than 50 miles per hour; or

(2)  is not less than 25 15 miles per hour.

(c)(d)  Any altered limit is effective at all times or during hours of darkness or at other times as may be determined when appropriate signs giving notice are erected upon the street or highway.

(d)(e)  The special regulations have the full force and effect of law and are in the case of regulations adopted under subsections (a) and (b) of this section subject to review by the traffic committee, whose decision is final.

(e)(f)  Lack of evidence of a traffic and engineering study will not invalidate a local speed limit ordinance as adopted or amended under this section after five years following the day on which the speed limit ordinance took effect.

(f)(g)  Notwithstanding the procedure outlined in this section for enacting a local speed limit, a town or village may adopt a local speed ordinance on a state highway, other than on limited access highways, provided the ordinance duplicates the speed limit established under section 1003 of this title.

(h)  Notwithstanding the provisions of section 1003 of this title or the provisions of this section, the legislative body of a municipality may adopt a speed limit of as low as 15 miles per hour on portions of state highways within the municipality’s jurisdiction, other than on limited-access highways, that have 20 or more residences each housing one or more persons within a

quarter-mile section of the highway.

(g)(i)  Notwithstanding any requirements of section 1025 of this title, downtown development districts designated under chapter 76A of Title 24 may have posted speed limits of less than 25 miles per hour.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us