Speed limits.

ORIGINAL
Senate
File No
.
SF0095

ENROLLED ACT NO. 57,

SENATE

SIXTY-THIRD LEGISLATURE OF THE STATE OF WYOMING
2015 General Session

AN ACT relating to operation of motor vehicles; authorizing establishment of a higher speed limit on state highways as specified; amending penalties for violations of speed limits on interstate highways; authorizing a study; requiring a report; and providing for an effective date.

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

Section 1
.

W.S.
31
‑
5
‑
301(b)(iii)(intro), (iv) and by creating a new paragraph (vi), 31
‑
5
‑
302, 31
‑
5
‑
1201(d)(
i
), (iii), (v) and (g) and 31
‑
18
‑
704
are
amended to read:

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, subject to W.S. 31
—5
‑
203(b), 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:

(iii)

Except as provided under paragraph (
vi
) of this subsection, s
eventy
‑
five (75) miles per hour on interstate highways. Nothing in this paragraph shall be construed to:

(iv)

For
all other locations, sixty
‑
five (65) miles per hour where the roadway is paved and fifty
‑
five (55) miles per hour where the roadway is unpaved
. However, the superintendent may designate higher maximum speed limits on pav
ed roadways pursuant to W.S. 31
‑
5
‑
302
;

(vi)

Notwithstanding
paragraph (iii) of this subsection, eighty (80) miles per hour on interstate highways designated by the superintendent.

31
‑
5
‑
302
.

Establishment of specific maximum speed limits by superintendent.

Whenever the superintendent determines upon the basis of an engineering and traffic investigation, or in the event of a vehicle or weather emergency, that a maximum speed greater or less than that authorized herein is safe and reasonable under the conditions found to exist at any intersection or other place or upon any part of the state highway system, the superintendent, except as provided for in W.S. 31
‑
5
‑
303(b), may determine and declare a reasonable and safe maximum limit thereat, which shall be effective when appropriate signs giving notice thereof are erected and which shall not exceed eighty (80) miles per hour on interstate highways

or seventy (70) miles per hour on state highways
, as defined in W.S. 31
‑
18
‑
101(a)(xvii),
that are not interstate highways
, as defined in W.S. 31
‑
18
‑
801(a)(xvi)
. The maximum speed limit may be declared to be effective at all times or at such times as are indicated upon the signs and differing limits may be established for different times of day, different types of vehicles, varying weather conditions, and other factors bearing on safe speeds, which shall be effective when posted upon appropriate fixed or variable signs. This section does not grant power to the superintendent to declare statewide or countywide maximum speed limits but grants power to declare maximum speed limits for the public safety in localized geographic areas.

31
‑
5
‑
1201
.

Violation of provisions to constitute misdemeanor; penalties.

(d)

Except as provided in subsection (g) of this section:

(
i
)

Every person convicted of a violation of
W.S. 31
‑
5
‑
301(b)(vi), for speeds of eighty
‑
one (81) through eighty
‑
five (85) miles per hour,
W.S. 31
‑
5
‑
301(b)(iii), for speeds of seventy
‑
six (76) through eighty (80) miles per hour, or W.S. 31
‑
5
‑
301(b)(iv), for speeds of sixty
‑
six (66) through seventy (70) miles per hour, shall be fined five dollars ($5.00) for each mile per hour in excess of the legal speed limit not to exceed twenty
‑
five dollars ($25.00);

(iii)

Every person convicted of a violation of
W.S. 31
‑
5
‑
301(b)(vi), for speeds above eighty
‑
five (85) miles per hour, or
W.S. 31
‑
5
‑
301(b)(iii), for speeds above eighty (80) miles per hour, shall be fined at the discretion of the judge but not less than thirty
‑
five dollars ($35.00) nor more than the maximum penalties provided by subsection (b) of this section, with assessed court costs which shall also apply to a violation of
W.S. 31
‑
5
‑
301(b)(vi) for speeds above eighty
‑
five (85) miles per hour or
W.S. 31
‑
5
‑
301(b)(iii) for
a speed of
speeds above
eighty (80) miles per hour;

(v)

Notwithstanding W.S.
5
‑
4
‑
207 and
5
‑
9
‑
107, court costs for violations of W.S. 31
‑
5
‑
301(
b)(iii)
,

or
(iv)
or (vi)
shall not be assessed for speeds up to four (4) miles per hour over the speed limits authorized by W.S. 31
‑
5
‑
301(b)(iii)
,

or
(iv)
or (vi)
.

(g)

In addition to any other penalty, every person convicted of violating W.S. 31
‑
5
‑
301(
b)(iii), (iv)
, (vi)
or (c) or 31
‑
5
‑
302 by exceeding the posted speed limit by six
(6) or more miles per hour, while operating a vehicle or combination of vehicles with a gross vehicle weight or gross vehicle weight rating exceeding twenty
‑
six thousand (26,000) pounds shall be fined three hundred dollars ($300.00).

31
‑
18
‑
704
.

Violation of speed limits; penalties.

In addition to any other penalty, every person convicted of violating
W.S. 31
‑
5
‑
301(b)(vi) by exceeding a speed of eighty
‑
five (85) miles per hour,
W.S. 31
‑
5
‑
301(b)(iii) by exceeding a speed of eighty (80) miles per hour, or W.S. 31
‑
5
‑
301(b)(iv) by exceeding a speed of seventy (70) miles per hour, while operating a vehicle or combination of vehicles with a gross vehicle weight or gross vehicle weight rating exceeding twenty
‑
six thousand (26,000) pounds shall be fined one hundred dollars ($100.00).

Section 2.

(a)

The department of transportation shall conduct an engineering screening study of the
noninterstate
highway system to discern if a speed limit increase from sixty
‑
five (65) miles per hour to seventy (70) miles per hour is feasible on parts of the system. The study shall provide a prioritized list of candidate roadway segments for immediate and future conversion to a seventy (70) mile per hour speed limit.
The study shall also consider placement of variable speed limit
signs
where appropriate.

(b)

The department shall report the study to the joint transportation, highway and military affairs interim committee no later than November 15, 2015.

Section 3
.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(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

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