County roads-speed limits and local authority to alter.

WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0026

ENROLLED ACT NO. 22, SENATE

SIXTY-FIRST LEGISLATURE OF THE STATE OF
WYOMING
2011 GENERAL SESSION

AN ACT relating to
speed limits;
specifying
who can establish
speed limits; amending the process for altering speed limits; adopting d
efault speed limits for residence
districts, subdivisions and paved and unpaved roadways
as specified
; adding definitions;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S.
31
‑
5
‑
102(a) by creating new paragraphs (lxiv) through (lxvi), 31
‑
5
‑
301(b)(ii) and (iv), 31
‑
5
‑
303(b) and 31
‑
5
‑
304(b) are
amended to read:

31
‑
5
‑
102.

Definitions.

(a)

Except as otherwise provided, as used in this act:

(lxiv)

"
Paved"
means
a roadway which is covered by
hot-rolled
asphalt or concrete
but is not constructed solely of recycled asphalt
;

(lxv)

"Unpaved" means
a roadway which is not paved;

(lxvi)

"Subdivision" means
a portion of land for which
a subdivision permit has been issued pursuant to W.S.
18
‑
5
‑
304
.

31
‑
5
‑
301.

Maximum speed limits.

(b)

Except when a special hazard exists that requires lower speed for compliance with subsection (a) of this section, the limits specified in this subsection or established as otherwise authorized shall be maximum lawful speeds and no person shall drive a vehicle on a highway at a speed in excess of maximum limits:

(ii)

Thirty (30) miles per hour in any urban district

and
in any
residen
ce
district or
subdivision
except on roads that have been designated a private road pursuant to W.S. 18
‑
5
‑
306(a)(vii)
;

(iv)

For all other locations, s
ixty-five (65)
miles per hour
in other locations

where the roadway is paved and f
ifty
-five (
5
5) miles per hour where the roadway is unpaved
;

31
‑
5
‑
303.

Establishing maximum speed limits by local authorities.

(b)

In compliance with rules
promulgated
by the department,
l
ocal authorities in their respective jurisdictions
shall

may
determine

by an engineering and a traffic investigation

the proper maximum speed for all streets and highways within their
city limits under their

respective
corporate jurisdiction

and shall declar
e a

which maximum speed is
r
easonable and safe
maximum limit thereon

and

which
may be greater or less than the maximum speed permitted under this act
.

for an urban distric
t

The rules promulgated by the department shall adopt standards consistent with
national practices
.

31
‑
5
‑
304.

Minimum speed limits.

(b)

Whenever the superintendent

or local authorities within their respective jurisdictions determine

determines
on the basis of an engineering and a traffic investigation that slow speeds on any part of a highway consistently impede the normal and reasonable movement of traffic, the superintendent

or local authority

may determine and declare a minimum speed limit below which no person shall drive a vehicle except when necessary for safe operation or in compliance with law and that limit is effective when posted upon appropriate fixed or variable signs.

A local authority may make the determination permitted under this
sub
sec
tion by complying with rules
adopted by the department
for this purpose
, which
rules shall adopt
standards
consistent with
national practices.

Section 2.

This act is effective July 1, 2011.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1