Maximum speed limit petition.

2017
STATE OF WYOMING
17LSO-0109
Introduced
1.2

HOUSE BILL

NO.

HB0120

Maximum speed limit petition.

Sponsored by:
Representative(s) Sommers, Barlow, Eklund, Freeman, Halverson, Lindholm and Salazar and Senator(s) Baldwin and Meier

A BILL

for

AN ACT relating to the regulation of motor vehicles on highways; authorizing a board of county commissioners to petition the transportation commission to reduce a maximum speed limit on a specified portion of a highway; requiring a hearing; establishing hearing procedures; providing for rulemaking authority; requiring consultation; and providing for an effective date.

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

Section
1
.

W.S.
31
‑
5
‑
302 and
31
‑
5
‑
30
3 by creating

a
new subsection (f)
are
amended to read:

31
‑
5
‑
302
.

Establishment of specific maximum speed limits by superintendent.

W
henever 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)

and (f)
, 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. 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
‑
30
3
.

Establishing maximum speed limits by local authorities
; petition to
reduce maximum speed
limit
.

(f
)

A
board of county commissioners
may petition the
commission
to

reduce
the maximum speed limit on any
part of the state highway system
with
in
the unincorporated area of
its
county
.

The petition shall
specify
the location of the proposed
reduc
ed
maximum speed limit, state the requested
new
maximum speed limit and provide the rationale demonstrating
why the
commission
should
reduce
the maximum speed limit
.

Unless
the board of county commissioners
withdraw
s the
petition,
within one hundred twenty (120) days after receipt of the petition the
commission
shall hold a hearing
on the petition
.

At the hearing, t
he
commission
shall consider information presented by
the board of county commissioners
in support of the

petition. The department
shall

also
present
information relating to the
petition
.

After
the hearing and upon a majority vote,
the commission
may reduce the speed limit on that portion of the state highway identified in the
petition
, or on any other portion of state highway, consistent with the requirements of this section and W.S. 31
‑
5
‑
302
. Within sixty (60) days after the hearing, the
commission
shall issue and furnish to the
board of county commissioners
a written decision with reasons regarding the petition.
Prior to the submittal of a petition under this
sub
section, a board of county commissioners shall consult with the department regarding the reduction of a maximum speed limit.
The
commission
shall promulgate rules and regulations
in accordance with the W
yoming Administrative Procedure
Act
to carry out the purposes of this
subsection
.

Section 2
.

This
act is effective July 1,
201
7
.

(END)

1
HB0120