§ 41-6a-602 — Speed limits established on state highways.

(1) (1)(a) The Department of Transportation shall determine the reasonable and safe speed limit for each highway or section of highway under its jurisdiction.
(1)(b) For each highway or section of highway, each speed limit shall be based on a traffic engineering and safety study consistent with the requirements and recommendations in the most current version of the "Manual on Uniform Traffic Control Devices."
(1)(c) The traffic engineering and safety studies shall include:
(1)(c)(i) the design speed;
(1)(c)(ii) prevailing vehicle speeds;
(1)(c)(iii) accident history;
(1)(c)(iv) highway, traffic, and roadside conditions; and
(1)(c)(v) other highway safety factors.
(2) The Department of Transportation may establish different speed limits on a highway or section of highway based on:

(2)(a) time of day;
(2)(b) highway construction;
(2)(c) type of vehicle;
(2)(d) weather conditions; and
(2)(e) other highway safety factors.
(3) (3)(a) Except as provided in Subsection (3)(b) and (c), a posted speed limit may not exceed 65 miles per hour.
(3)(b) Except as provided in Subsection (3)(c), a posted speed limit on a freeway or other limited access highway may not exceed 75 miles per hour.
(3)(c) (3)(c)(i) The Department of Transportation may establish a posted speed limit on a freeway or other limited access highway that exceeds the maximum speed limit in Subsection (3)(b) if the speed limit is based on a highway traffic engineering and safety study.
(3)(c)(ii) If the Department of Transportation establishes a posted speed limit that exceeds the limit under Subsection (3)(b), the Department of Transportation shall evaluate the results and impacts of increasing a speed limit under this Subsection (3)(c).
(3)(d) This Subsection (3) is an exception to the provisions of Subsections (1) and (2).
(4) When establishing or changing a speed limit, the Department of Transportation shall consult with the following entities prior to erecting or changing a speed limit sign:

(4)(a) the county for state highways in an unincorporated area of the county;
(4)(b) the municipality for state highways within the municipality's incorporated area;
(4)(c) the Department of Public Safety; and
(4)(d) the Transportation Commission.
(5) The speed limit is effective when appropriate signs giving notice are erected along the highway or section of the highway.

Legislative History

Amended by Chapter 42, 2022 General Session