DOT HS 811 769 December 2013

Summary of State Speed Laws

Twelfth Edition

Current as of October 8, 2012 
DISCLAIMER

This publication is distributed by the U.S. Department of Transportation, 

National Highway Traffic Safety Administration, in the interest of information 

exchange. The opinions, findings, and conclusions expressed in this 

publication are those of the authors and not necessarily those of the Department 

of Transportation or the National Highway Traffic Safety Administration. 

The United States Government assumes no liability for its contents or use 

thereof. If trade names, manufacturers’ names, or specific products are 

mentioned, it is because they are considered essential to the object of the 

publication and should not be construed as an endorsement. The United 

States Government does not endorse products or manufacturers.
SUMMARY OF SPEED LAWS, 12TH EDITION

i

TABLE OF CONTENTS

INTRODUCTION......................................................................................................................................iii

OVERVIEW NARRATIVE OF KEY PROVISIONS OF STATE SPEED LAWS..............................v

Key Provisions of State Speed Laws through October 8, 2012..............................................................vi

ALABAMA..................................................................................................................................................1

ALASKA......................................................................................................................................................5

ARIZONA....................................................................................................................................................8

ARKANSAS...............................................................................................................................................13

CALIFORNIA...........................................................................................................................................18

COLORADO.............................................................................................................................................25

CONNECTICUT.......................................................................................................................................31

DELAWARE.............................................................................................................................................35

DISTRICT OF COLUMBIA ...................................................................................................................41

FLORIDA..................................................................................................................................................45

GEORGIA .................................................................................................................................................51

HAWAI’I...................................................................................................................................................57

IDAHO.......................................................................................................................................................62

ILLINOIS ..................................................................................................................................................66

INDIANA...................................................................................................................................................73

IOWA.........................................................................................................................................................78

KANSAS ....................................................................................................................................................83

KENTUCKY .............................................................................................................................................87

LOUISIANA..............................................................................................................................................91

MAINE.......................................................................................................................................................95

MARYLAND...........................................................................................................................................100

MASSACHUSETTS ...............................................................................................................................105

MICHIGAN.............................................................................................................................................109

MINNESOTA..........................................................................................................................................114

MISSISSIPPI...........................................................................................................................................119

MISSOURI..............................................................................................................................................124

MONTANA .............................................................................................................................................129

NEBRASKA ............................................................................................................................................134
SUMMARY OF SPEED LAWS, 12TH EDITION

ii

NEVADA .................................................................................................................................................140

NEW HAMPSHIRE ...............................................................................................................................146

NEW JERSEY.........................................................................................................................................151

NEW MEXICO.......................................................................................................................................157

NEW YORK............................................................................................................................................161

NORTH CAROLINA.............................................................................................................................167

NORTH DAKOTA .................................................................................................................................174

OHIO........................................................................................................................................................179

OKLAHOMA..........................................................................................................................................184

OREGON.................................................................................................................................................189

PENNSYLVANIA...................................................................................................................................194

PUERTO RICO ......................................................................................................................................200

RHODE ISLAND....................................................................................................................................204

SOUTH CAROLINA..............................................................................................................................210

SOUTH DAKOTA..................................................................................................................................215

TENNESSEE...........................................................................................................................................220

TEXAS .....................................................................................................................................................225

UTAH.......................................................................................................................................................231

VERMONT..............................................................................................................................................236

VIRGINIA ...............................................................................................................................................241

WASHINGTON......................................................................................................................................248

WEST VIRGINIA...................................................................................................................................254

WISCONSIN ...........................................................................................................................................260

WYOMING .............................................................................................................................................266
SUMMARY OF SPEED LAWS, 12TH EDITION

iii

INTRODUCTION

The National Highway Traffic Safety 

Administration is responsible for reducing 

vehicle-related fatalities and injuries on our 

nation’s highways. Research has shown that 

effective State and local traffic safety laws play 

an important role in helping to reduce motor 

vehicle crashes. This publication provides the 

status of State statutes or regulations that are 

concerned with either speed limit or speedrelated violations. Local laws are not reported. 

This document includes a summary chart which 

identifies the key provisions of State speeding 

laws, as well as two graphical representations of 

key speed related legislation by State. In 

addition, the narrative provides a detailed 

description of these laws in every State, the 

District of Columbia, and Puerto Rico. Laws 

described in this document include basic speed 

laws, as well as other speed-related laws (see 

Explanations below). This documentation 

includes code and case law citations to assist

individuals conducting additional research in 

this area of the law, and which can be used to 

facilitate the comparison of State laws in the 

subject areas.

EXPLANATIONS

Basic Speed Rule:

This rule requires vehicle operators to drive at a 

speed that is reasonable and prudent. As a 

corollary to this rule, State laws usually provide 

that every person shall drive at a safe and 

appropriate speed when approaching and 

crossing an intersection or railroad grade 

crossing, when approaching and going around a 

curve, when approaching a hill crest, when 

traveling upon any narrow or winding roadway, 

and when special hazards exist with respect to 

pedestrians or other traffic, or by reason of 

weather or highway conditions. 

Minimum Speed Rule:

This rule prohibits a person from operating a 

motor vehicle at such a slow speed as to impede 

the normal and reasonable movement of traffic. 

However, in order to avoid a possible conflict 

with the basic speed rule, the law normally 

provides that a slow speed is permissible when 

reduced speed is necessary for safe operation or 

compliance with law. 

Racing on the Highway:

This is usually defined as driving any vehicle in 

any race, speed competition or contest, drag race 

or acceleration contest, test of physical 

endurance, exhibition of speed or acceleration, 

or for the purpose of making a speed record.

Drag Racing:

Either as part of the offense of highway racing 

or as a separate statutory crime, the offense of 

“drag racing” is usually defined as the operation 

of two or more vehicles from a point side by 

side at accelerating speed in competitive attempt 

to outdistance each other, or the operation of one 

or more vehicles over a common selected 

course, from the same point to the same point, 

for the purpose of comparing the relative speeds 

or power of acceleration of such vehicles or 

vehicles within a certain distance or time limit. 

Reckless Driving:

This is generally defined as driving any vehicle 

in willful or wanton disregard for the safety of 

persons or property. Note: Speed is not 

necessarily a factor in this offense.

Statutory Speed Limit:

A “statutory speed limit” is one specifically 

provided for under a State's traffic code (rules of 

the road). Such limits may vary by highway type 

(e.g., interstate) or by location (e.g., urban

district). State laws may or may not require that 

these limits be posted.

Posted (Maximum) Speed Limit:

Even though specific speed limits may have 

been established via legislation, State laws 

usually allow either State or local authorities to 

set highway speed limits above or below the 

statutory ones. Prior to taking such action on any 

portion of a highway, the law normally requires 

that governmental authorities conduct a study to 

determine the safe speed limit for that part of the 

highway. State laws may also allow such 

authorities to specify different speed limits on all 
SUMMARY OF SPEED LAWS, 12TH EDITION

iv

or selected highways (or portions thereof) either 

for various times of the day or for various types 

of vehicles (e.g., trucks).

Speed limits established under these laws are not 

effective until appropriate speed limit signs are 

posted on the highway. Caution: This document

does not report the speed limits that have been 

established via such laws.

Speed Law Sanctions: 

Except as noted, the criminal and administrative 

licensing sanctions given are the same for any 

offense listed under the heading “Basis for a 

Speed Law Violation.” Important: Unless

otherwise stated, the fine sanctions listed in this 

document do NOT include court costs or bail 

schedule forfeitures.

Highway and Street:

In order to insure that the terms “highway” and 

“street” are synonymous and interchangeable, 

many State laws define both as the entire width 

between the boundary lines of every way 

publicly maintained when any part thereof is 

open to the use of the public for purposes of 

vehicular travel. 

Automated Speed Enforcement: 

A number of States utilize automated speed 

enforcement, i.e., the use of imaging technology 

by law enforcement to determine if a violation 

of the speed law has occurred. Legislative 

provisions vary widely regarding this issue. In 

some cases the use of automated speed 

enforcement is expressly permitted through a 

statutory provision. In other cases the use of 

automated speed enforcement is expressly 

prohibited by statutory provision. In still other 

cases no statutory provision exists, yet it can be 

inferred by case law that automated speed 

enforcement is used in that State. In some States 

automated speed enforcement is permitted only 

under certain circumstances, as described by 

statutory provision. Lastly, in some States no 

statutory provision exists and it cannot be 

inferred through existing legislation or case law 

the status of the utilization of automated speed 

enforcement.

For the purposes of this Digest the status of the 

States’ laws with regards to automated speed 

enforcement is categorized as follows:

No by S.P.: Automated speed enforcement is 

expressly prohibited by statutory provision.

Yes by S.P.: Automated speed enforcement is 

expressly permitted by statutory provision.

Permitted (without S.P.): Based on related 

legislation or case law it can be inferred that 

automated speed enforcement is permitted.

Limited: Automated speed enforcement is 

expressly permitted under certain conditions, 

i.e. when adopted by local governments or 

under certain conditions.

No Statutory Provision: There is no 

legislation or case law addressing automated 

speed enforcement. 

Commercial Motor Vehicle (CMV) Operators: 

Generally among the States, a commercial motor 

vehicle is defined as a vehicle designed to carry 

passengers or property and has a gross vehicle 

weight of 26,000 lbs., or more, is designed to 

transport 16 or more persons, or is transporting 

hazardous materials that require such vehicle be 

placarded in accordance with State or Federal 

laws.
SUMMARY OF SPEED LAWS, 12TH EDITION

v

OVERVIEW NARRATIVE OF KEY PROVISIONS OF STATE SPEED LAWS

(As of October 8, 2012)

Prior to 1995, Federal funding was withheld 

from those States that did not establish a 

maximum posted speed limit of 55 miles per 

hour (mph). In 1995, Congress repealed the 55 

mph National Maximum Speed Limit and gave 

States the power to establish maximum speed 

limits. Since that time, most of the States have 

increased the maximum posted speed limit 

above 55 mph for passenger vehicles, trucks, or 

for both. Currently, only four States and the 

District of Columbia have maximum posted 

speed limits of 55 mph or lower for cars. One 

State has established a maximum posted speed 

limit of 85 mph; thirteen States have established 

maximum posted speed limits of 75 mph; 

another seventeen have established maximum 

posted speed limits of 70 mph.

THE ADJUDICATION OF SPEED 

VIOLATIONS AND SANCTIONS—FINES, 

JAIL TIME, and LICENSING ACTIONS

All 50 States, the District of Columbia and 

Puerto Rico impose fines for speed law 

violations. State fines for violations of speed 

laws can increase substantially with repeated 

violations—maximum State fines vary from 

$50.00 to $2,500. 

While many States do not identify maximum jail 

sentences for speed law violations, twenty-four 

States do. The maximum jail time imposed by 

the States for speed law violations varies 

dramatically, from 15 days to one year. In some 

States, legislation permits the imposition of 

sentences that include both fines and jail time; 

other States permit sentences of either a fine or 

jail for speed violations.

State laws often also provide for specific 

licensing actions that may be imposed upon 

drivers for speed law violations. Many States 

employ a system of points on the driver’s 

license, and all States provide for the suspension 

or revocation of a driver’s license, depending 

upon the violation. 

OTHER CRIMINAL ACTIONS RELATED 

TO SPEEDING

Most States also have laws defining other 

specific criminal actions related to speeding. 

For example, forty-five States and Puerto Rico 

have passed laws regarding Racing on Highway, 

and Maine and Vermont are the only States that 

have not passed laws regarding Reckless 

Driving. Less commonly, twenty-two States 

have passed laws regarding negligent/careless 

driving, and ten States have passed laws 

regarding aggressive driving. In many States 

these speed-related offenses are considered to be 

criminal actions. 

AUTOMATED SPEED ENFORCEMENT

A recent trend in the enforcement of speedrelated traffic violations is the utilization of 

automated speed enforcement technology. 

Currently 14 States, the District of Columbia 

and Puerto Rico have legislation permitting the 

use of automated speed enforcement to some 

degree (Yes by S.P. and Limited). An additional 

four States utilize automated speed enforcement 

without explicit legislation or case law. Fourteen 

States explicitly prohibit the use of automated 

speed enforcement, while 18 States do not 

address this issue legislatively. 

Details regarding these specific issues for each 

State, the District of Columbia, and Puerto Rico 

are provided in the Key Provisions of State 

Speed Laws Charts and in the State-by-State 

analysis in this document.
SUMMARY OF SPEED LAWS, 12TH EDITION

vi

Key Provisions of State Speed Laws through October 8, 20121

State

Maximum 

Posted Speed 

Limit (mph)

Automated 

Speed 

Enforcement2

Maximum 

Punishment3

(Fine and/or Jail 

Time)

Licensing Actions4

Are There Laws for Other Criminal Actions 

Related to Speeding?5

Racing on 

Highway6

Reckless 

Driving

Negligent/Careless 

Driving

Aggressive 

Driving

AL 70 No statutory 

provision $500 and/or 3 months Suspension or revocation

 

AK 55 Permitted 

(without S.P.) $300 Suspension or 

revocation

  

AZ 75 Permitted 

(without S.P.) $500 and/or 30 days Suspension or 

revocation

  

AR 60; 50 (trucks) Limited (with 

explanation) $500 and/or 6 months Suspension or revocation

  

CA7 70; 55 (trucks) Yes by S.P. $250 Suspension or 

revocation

 

CO 75 Limited (with 

explanation) $100 Suspension or revocation

  

CT 65 No statutory 

provision $200 Suspension or revocation

 

DE 65 No by S.P. $95 Suspension    

DC8 25 Yes by S.P. $250 Suspension or 

revocation



FL9 70 No by S.P. $1,000 Suspension or 

revocation

  

GA10 70 No by S.P. $2,000 and/or 12 months Suspension   

 

1 Key provisions of State statutes or regulations concerned with speed limit or speed-related violations. Provisions of local laws are NOT reported. 2 Some States and many communities within certain States use imaging technology to enforce speeding laws. Please see p. iv of the Introduction to this document for the definitions of the categories 

utilized in this column. Please refer to the State-by-State analysis of this document for more details regarding the status of automated speed enforcement in each State. 3 Please refer to the State-by-State analysis of this document for the specific conditions in each State under which a maximum fine and/or a maximum jail sentence may be given for a speeding violation. 4 Please refer to the State-by-State analysis of this document for the specific conditions in each State for licensing suspension and/or revocation. 5 This list of laws is common for most States. However it is not inclusive of all the speed laws in each State. Please refer to each individual State for other speed laws. 6 Some States also include drag racing on the highway in addition to or in lieu of racing on the highway as a criminal action related to speeding. 7 California also includes reckless driving causing bodily injury, speed contest with bodily injury and serious bodily injury, and speed in excess of 100 mph as criminal actions related to speeding. 8 District of Columbia law also includes exceeding the speed limit by 30 mph as a criminal action related to speeding. 9 Florida law also includes exceeding the speed limit by 50 mph as a criminal action related to speeding.

10 Georgia law also includes driving in a circular or zigzag course (i.e., laying drags) as a criminal action related to speeding.
SUMMARY OF SPEED LAWS, 12TH EDITION

vii

State

Maximum 

Posted Speed 

Limit (mph)

Automated 

Speed 

Enforcement2

Maximum 

Punishment3

(Fine and/or Jail 

Time)

Licensing Actions4

Are There Laws for Other Criminal Actions 

Related to Speeding?5

Racing on 

Highway6

Reckless 

Driving

Negligent/Careless 

Driving

Aggressive 

Driving

HI None11 No statutory 

provision $500 Suspension or revocation

 

ID 75; 65 (trucks) No statutory 

provision $100 Suspension or revocation

 

IL 65 Limited (with 

explanation) $2,500 and/or 1 year Suspension or revocation

  

IN 70; 65 (trucks) No statutory 

provision $500 and/or 60 days Suspension   

IA 70 Yes by S.P. $625 and/or 30 days Suspension or 

revocation

  

KS 75 No statutory 

provision $500

Revocation, 

suspension, or 

restriction

 

KY 70 No statutory 

provision $100 Suspension or revocation

 

LA 70 Permitted 

(without S.P.) $500 and/or 90 days

Suspension, 

revocation, or 

cancellation

  

ME12 75 No statutory 

provision $500 Suspension 

MD 65 Limited (with 

explanation) $500 Suspension or revocation

   

MA 65 Permitted 

(without S.P.) $500 Suspension or 

revocation

 

MI 70; 6013 (trucks) No statutory 

provision $250 Suspension or revocation

  

MN14 70 No by S.P. $1,000 and/or 90 days Suspension or 

revocation



MS 70 No by S.P. $500 and/or 6 months Suspension or 

revocation

  

MO 70 No statutory 

provision $1,000 and/or 1 year Suspension or revocation

 

 

11 There is no set maximum speed limit. Rather, local authorities, by ordinances, can establish each jurisdiction’s maximum speed limit. 12 In Maine, exceeding the speed limit by 30 mph and driving to endanger are the criminal actions related to speeding. 13 On roadways posted less than 70 mph, the maximum speed limit for trucks is 55 mph. 14 Racing constitutes reckless driving in Minnesota.
SUMMARY OF SPEED LAWS, 12TH EDITION

viii

State

Maximum 

Posted Speed 

Limit (mph)

Automated 

Speed 

Enforcement2

Maximum 

Punishment3

(Fine and/or Jail 

Time)

Licensing Actions4

Are There Laws for Other Criminal Actions 

Related to Speeding?5

Racing on 

Highway6

Reckless 

Driving

Negligent/Careless 

Driving

Aggressive 

Driving

MT 75; 65 (trucks) Yes by S.P. $500 Suspension or 

revocation

  

NE 75 No by S.P. $300 Revocation   

NV15 75 No by S.P. $1,000 and/or 6 months Suspension or 

revocation

 

NH 65 No by S.P. $1,000 Suspension or 

revocation

  

NJ 65 No by S.P. $200 and/or 15 days Suspension   

NM 75 No statutory 

provision $200 Suspension or 

revocation

  

NY 65 No statutory 

provision $600 and/or 90 days Suspension or revocation

 

NC 70 Yes by S.P. $1,000 and/or 60 days Suspension or 

revocation

  

ND 75 No statutory 

provision $500 Suspension or revocation

 

OH 65; 55 (trucks) Yes by S.P. $500 and/or 60 days Suspension  

OK 75 No statutory 

provision $500 and/or 6 months Suspension 

OR 65 Yes by S.P. $2,000 Suspension   

PA 65 Limited (with 

explanation) $500 Suspension or 

revocation

  

PR 65 Yes by S.P. $500 Suspension or 

revocation

 

RI 50 No by S.P. $95 Suspension or 

revocation

  

SC 70 No statutory 

provision $400 or 60 days Suspension or 

revocation

 

 

15 Nevada law includes an unauthorized speed contest in reckless driving.
SUMMARY OF SPEED LAWS, 12TH EDITION

ix

State

Maximum 

Posted Speed 

Limit (mph)

Automated 

Speed 

Enforcement2

Maximum 

Punishment3

(Fine and/or Jail 

Time)

Licensing Actions4

Are There Laws for Other Criminal Actions 

Related to Speeding?5

Racing on 

Highway6

Reckless 

Driving

Negligent/Careless 

Driving

Aggressive 

Driving

SD 75 No statutory 

provision $500 and/or 30 days Suspension or revocation

  

TN 70 Yes by S.P. $50 and/or 30 days Suspension or 

revocation

 

TX 85 No by S.P. $200 Suspension or 

revocation

 

UT 75 Limited (with 

explanation) $750 and/or 90 days Suspension or revocation

 

VT 55 No statutory 

provision $1,000 Suspension 

VA 70 No by S.P. $2,500 and/or 12 months Suspension or 

revocation

  

WA 70; 60 (trucks) Limited (with 

explanation) $250 Suspension or 

revocation

  

WV 55 No by S.P. $500 and/or 6 months Suspension or 

revocation

 

WI 65 No by S.P. $300 Suspension or 

revocation

  

WY 75 No statutory 

provision $500 and/or 6 months Suspension or revocation

 
SUMMARY OF SPEED LAWS, 12TH EDITION

x

Differential Speed Limits by Vehicle Type

State Differential Spee 

Limits

Maximum Speed Limit (MPH) by Vehicle Type

Passenger Vehicles Trucks School Bus 

(carrying children) Other Buses

AL 70

AK  55

AZ 65

AR  60 50 (trucks)

CA  70 55 (trucks) 55 55

CO 75

CT  65 40

DE 65

DC 25

FL 70

GA  70 40/5516

HI None17

ID  75 65 (trucks)

IL  65 55 (trucks) 65/55

IN  70 65 (trucks)

IA 70

KS  75

KY 70

LA 70

 

16 Bus speed limit depends on the posted highway speed. A bus may not exceed 40 mph on public roads, or 55 mph on the interstate. 17 There is no set maximum speed limit. Rather, local authorities, by ordinances, can establish each jurisdiction’s maximum speed limit.
SUMMARY OF SPEED LAWS, 12TH EDITION

xi

State Differential Spee 

Limits

Maximum Speed Limit (MPH) by Vehicle Type

Passenger Vehicles Trucks School Bus 

(carrying children) Other Buses

ME  75 45

MD  65 45 (loaded dump trucks

MA  65 40

MI  70 6018 (trucks) 55

MN  70

MS19  70 45

MO 70

MT  75 65 (trucks)20

NE  75

NV  75 55

NH  65

NJ 65 See note21

NM 75

NY  65 55 55

NC  70 45/55 55

ND 75

OH  65 55 (trucks) 55

OK  75 65/55

 

18 On roadways posted less than 70 MPH, the maximum speed limit for trucks is 55 MPH. 19 All trucks, truck-trailers or passenger buses shall be required to reduce speed to 45 mph when visibility is bad during inclement weather. MS ST § 63-3-505. 20 The maximum speed limits are 65 mph on completed sections of interstate highways and 60 mph during the daytime/55 mph during the nighttime on four-lane divided highways and 

completed sections of primary and secondary highways. 

21 State has the ability to limit speeds of trucks to 5 MPH less than the posted speed limit. NJ ST § 39:4-98.1.
SUMMARY OF SPEED LAWS, 12TH EDITION

xii

State Differential Spee 

Limits

Maximum Speed Limit (MPH) by Vehicle Type

Passenger Vehicles Trucks School Bus 

(carrying children) Other Buses

OR  65 55 (trucks) 22 55 55

PA  65

PR  65 10 mph less than poste 

speed limit

10 mph less than poste 

speed limit

10 mph less than poste 

speed limit

RI 50

SC  70 55

SD  75

TN  70 35 on unpaved roads

TX  80

UT 75

VT  55

VA  70 45 (in 55); 60 (in 75)

WA  70 60 (trucks)

WV 55

WI 65

WY 75

 

22 Oregon.gov Traffic Roadway Section – “55 mph-open and rural highways (all vehicles); trucks, school buses, worker transport buses on interstate highways”-

http://www.oregon.gov/ODOT/HWY/TRAFFIC-ROADWAY/speed_zone_program.shtml
 

SUMMARY OF SPEED LAWS, 12TH EDITION

xiii

Maximum Posted Speed
SUMMARY OF SPEED LAWS, 12TH EDITION

xiv

Automated Speed Enforcement
ALABAMA

SUMMARY OF SPEED LAWS, 12TH EDITION

1

JURISDICTION ALABAMA

Reference: Code of Alabama

Alabama Administrative Code of Regulations (AL ADC)

Basis for a Speed Law Violation:

Basic Speed Rule: No person shall drive a vehicle at a speed greater than is reasonable and 

prudent under the conditions and having regard to the actual and potential 

hazards existing. AL ST §32-5A-170.

Statutory Speed Limit: 30 mph in any urban district; 

35 mph on any unpaved road; 

45 mph on any county-maintained paved road in an unincorporated area;

55 mph on highways (except interstate highways or highways with four or 

more lanes);

70 mph on interstate highways;

65 mph on a highway with four or more lanes;

55 mph for vehicles carrying explosives, flammable liquids or hazardous 

wastes except as authorized by the Governor. AL ST §32-5A-171.

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations concerning safety, the 

State Director of Public Safety and the State Highway Director may 

increase or decrease the above maximum speed limits on the State highway 

system.23 AL ST §32-5A-171(7); AL ST § 32-5A-172.

II. Based on engineering and traffic investigations concerning safety and 

subject to approval by the State Highway Department, local governments 

may increase or decrease the speed limits on the highways under their 

jurisdiction. AL ST §32-5A-173.

III. State or local authorities may set special maximum safe speed limits for 

either bridges or elevated structures.24 AL ST §32-5A-176.

IV. The State Department of Transportation may establish speed limits on 

urban or rural construction zones along State and interstate highways and 

the county commission of a county may set the speed limits in urban and 

rural construction zones along county roads or highways. 

AL ST § 32-5A-176.1.

Minimum Speed Limit: I. No person shall drive a motor vehicle at such a slow speed as to impede 

the normal and reasonable movement of traffic. AL ST §32-5A-174(a).

II. A person driving at less than the normal speed of traffic shall drive in 

the right-hand lane then available for traffic or as close as practicable to the 

right-hand curb or edge of the roadway. AL ST §32-5A-80(b).

 

23 This includes the establishment of different highway speed limits for different types of vehicles, at different times of the day, for various 

weather conditions, or for other factors bearing on safe speeds. AL ST § 32-5A-172. 24 Subsections (a), (b), and (c) of AL ST § 32-5A-176 have replaced AL ST § 32-5-92, in that AL ST § 32-5A-176(b) expands authority to 

local authorities with respect to bridges in their jurisdictions. Subsection (c) requires the posting of signs as a prerequisite to the raising of 

the conclusive presumption of the maximum safe speed. Under AL ST § 32-5-92, however, State and local officials are authorized to 

establish maximum safe speed limits for public bridges, causeways or viaducts. Because AL ST § 32-5A-176 does not list a specific 

criminal sanction, whereas AL ST § 32-5-92 does, those sanctions lists are likely to be controlling. They are: first offense - a jail term of 

not more than 10 days or a fine of not more than $100; second offense (within 1 year) - a jail term of not more than 20 days and/or a fine 

of not more than $200; third or subsequent offense (within 1 year of the 1st conviction) - a jail term of not more than 6 months at hard labor 

and/or a fine of not more than $500.
ALABAMA

SUMMARY OF SPEED LAWS, 12TH EDITION

2

Posted (Minimum) Speed Limit: A posted minimum speed on a road or highway may be established. Such 

action must be based on engineering and traffic studies. 

AL ST §32-5A-174(b).

Low Speed Vehicles:

Permitted on Public Roads 

(Yes/No):

Yes. There is no specific statutory provision addressing low speed 

vehicles, however, under the minimum speed limit law, above, these 

vehicles would be permitted on roads so long as they do not impede the 

normal and reasonable movement of traffic. AL ST § 32-5A-174(a).

Maximum Speed Permitted: N/A

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Misdemeanor AL ST §32-5A-8(a).

Sanctions Following 

Adjudication of a Speed Law 

Violation:

Sanctions:

Imprisonment Term/Fine: First offense – Not more than 10 days or not more than $100;

Second offense (within 1 year after the date of first offense) – Not more 

than 30 days and/or not more than $200; 

Third or subsequent offense (within 1 year after the date of first offense) –

Not more than 3 months and/or not more than $500. AL ST § 32-5A-8(b).

Mandatory Minimum Term/Fine: None

Other Penalties:

Traffic School: N/A

Other: Double Fines: The fines double the amount usually prescribed if a person 

exceeds the posted speed limit in construction zone along a State or 

interstate highway, if construction personnel are present. However, upon 

conviction, no additional court costs shall be assessed. Additionally, any 

person convicted of a school speed zone violation shall be fined double the 

amount usually prescribed outside a school zone.

AL ST §32-5A-176.1(a), (c); AL ST § 32-5A-185.

Licensing Action:

Type (Suspension/Revocation): Suspension using a point system25 that is based on the frequency and 

seriousness of the traffic offenses. AL ST § 32-5A-195(k).

Term of License Suspension: Not more than 1 year. AL ST § 32-5A-195(m).

Mandatory Term: None

 

25 Point System: I. The accumulation of points requiring the listed length of suspension must be within a two-year period: 12-14 points = 

60 days; 15-17 points = 90 days; 18-20 points = 120 days; 21-23 points = 180 days; 24 or more points = 365 days. These suspension 

periods are not mandatory, as the licensing agency may modify them. II. The following points are assigned to speeding or speed-related 

offenses: reckless driving = 6 points; speeding 26 mph or more over the speed limit = 5 points; speeding in excess of the posted speed 

limit = 2 points. AL ST § 32-5A-195; AL ADC 760-X-1-.07.
ALABAMA

SUMMARY OF SPEED LAWS, 12TH EDITION

3

Miscellaneous Sanctions Not 

Included Elsewhere:

Court Authorized Licensing Action: In addition to any other sanction for 

a criminal violation of the traffic laws, the court may issue an order 

“forbidding” an offender from operating a motor vehicle for either a 

specified period of time or perpetually. An offender has the right to appeal 

this order. AL ST § 32-5-316.

Other Criminal Actions 

Related to Speeding:

Racing on Highway: Misdemeanor AL ST § 32-5A-8(a); AL ST § 32-5A-178(a).

Sanctions:

Imprisonment Term/Fine: First offense – Not less than 5 days or more than 90 days and/or not less 

than $25 or more than $500;

Second or subsequent offense – Not less than 10 days or more than 6 

months and/or not less than $50 or more than $500. 

AL ST § 32-5A-178(d).

Mandatory Minimum Term/Fine: None

Licensing Action:

Type (Suspension/Revocation): Suspension (Both statutorily and by the point system.)

AL ST §32-5A-178(d); AL ST § 32-5A-195(k)(8); AL ADC 760-X-1-.07.

Term of License Suspension/

Revocation:

Not more than 1 year.AL ST § 32-5A-195(m).

Additionally, a court may prohibit the offender from driving a motor 

vehicle for a period not exceeding 6 months. AL ST § 32-5A-178(d).

Mandatory Term: None

Reckless Driving: Misdemeanor AL ST §32-5A-8(a); AL ST § 32-5A-190(a).

Sanctions:

Imprisonment Term/Fine: First offense – Not less than 5 days or more than 90 days and/or not less 

than $25 or more than $500;

Second or subsequent offense – Not less than 10 days or more than 6 

months and/or not less than $50 or more than $500. 

AL ST § 32-5A-190(b).

Mandatory Minimum Term/Fine: None

Licensing Action:

Type (Suspension/Revocation): Suspension (Both statutorily and by the point system.)

AL ST §32-5A-190(b); AL ADC 760-X-1-.07. However, for 3 offenses 

within 5 years = revocation. AL ST § 32-5A-195(j)(7).

Term of License 

Suspension/Revocation:

For suspension – Not more than 1 year. AL ST § 32-5A-195(m); not more 

than 6 months, if ordered by the court. AL ST § 32-5A-178(d).

For revocation – Not less than 6 months. AL ADC 760-X-1-.02.

Mandatory Term: Revocation – 6 months; Suspension – None

Automated Speed Enforcement: No statutory provision
ALABAMA

SUMMARY OF SPEED LAWS, 12TH EDITION

4

Limitation of Use of Speed 

Measurement Devices:

No statutory provision

Commercial Motor Vehicle 

(CMV) Operators:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such 

vehicle that person commits 2 “serious traffic violations”26 within a 3-year 

period or commits 3 such violations within a 3-year period.

AL ST § 32-6-49.11(e).

Period of Disqualification: Two serious violations (within 3 years) –60 days;

Three serious violations (within 3 years) – 120days.

AL ST § 32-6-49.11(e).

 

26 “Serious traffic violation” includes excessive speeding, involving a single charge of any speed of 15 mph or more above the posted speed 

limit, and reckless driving. AL ST § 32-6-49.3(21).
ALASKA

SUMMARY OF SPEED LAWS, 12TH EDITION

5

JURISDICTION ALASKA

Reference: Alaska Statutes

Alaska Administrative Code (AK ADC)

Basis for a Speed Law Violation:

Basic Speed Rule: No person shall drive a vehicle at a speed greater than is reasonable 

and prudent considering the traffic, roadway and weather conditions. 

13 AK ADC 02.275.

Statutory Speed Limit: 55 mph on any roadway not providing an express limitation;

25 mph in a residential area;

20 mph in a business district;

15 mph in an alley;13 AK ADC 02.275(b)

Posted (Maximum) Speed Limit: I. Based upon engineering and traffic investigations, the above speed 

limits may be altered.27 13 AK ADC 02.275(e); 13 AK ADC 02.280.

II. Maximum safe speed limits may be established for bridges, 

elevated structures, tunnels and underpasses. 13 AK ADC 02.325(f).

Minimum Speed Limit: A person driving at less than the maximum authorized speed of traffic 

shall drive as close as practicable to the right-hand curb or edge of the 

roadway. 13 AK ADC 02.050(b).

Posted (Minimum) Speed Limit: I. No person may drive a motor vehicle so slowly as to impede the 

normal and reasonable movement of traffic, except when it is 

necessary for safe operation or in compliance by statutes, regulations 

or ordinances. 13 AK ADC 02.295(a).

II. A vehicle proceeding at less than the maximum authorized speed of 

traffic must be driven as close as practicable to the right-hand curb or 

edge of the road-way. 13 AK ADC 02.050(b).

Other: I. Maximum speed when towing a mobile home = 45 mph; 

II. Maximum speed when passing a marked public school or 

playground crosswalk that is posted with an official school, school 

crossing or speed-control sign = 20 mph;

III. Maximum speed when passing a school bus displaying flashing 

yellow lights = 20 mph. 13 AK ADC 02.325(e); 

13 AK ADC 02.325(d); 13 AK ADC 02.325(b).

A person speeding in a work zone or traffic safety corridor shall be 

fined double the amount provided. AK ST § 28.90.030.

Low Speed Vehicles:

Permitted on Public Roads 

(Yes / No):

Yes. Permitted on roads with a maximum speed limit of 35 mph or a 

maximum speed of 45 mph , if such road is in a municipality with a 

population of less than 35,000 and a local ordinance has passed. 

AK ST § 28.35.261.

 

27 This includes the establishment of different highway speed limits for different types of vehicles at different times of the day for various 

weather conditions, or for other factors bearing on safe speeds. 13 AK ADC 02.280(c).
ALASKA

SUMMARY OF SPEED LAWS, 12TH EDITION

6

Maximum Speed Permitted: 25 mph. AK ST § 28.90.990(15).

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Infraction(not considered a criminal offense). 

AK ST § 28.90.010(c), (d).

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: Not more than $300. AK ST § 28.90.010.

Mandatory Minimum Term / Fine: None

Other Penalties:

Traffic School: A person may be required to participate in a driver improvement 

course if that person accumulates 6 or more points within any 

consecutive 12-month period, or 9 or more points within any 24-month 

period. AK ST § 28.15.253. 

Licensing Action:

Type (Suspension / Revocation): Suspension or revocation is through a point system.28

Term of License Suspension / 

Revocation:

Not more than 1 year. AK ST § 28.15.251

Mandatory Term: None

Other Criminal Actions Related to 

Speeding:

Racing on Highway: Infraction 13 AK ADC 02.330; AK ST § 28.90.010(c).

Sanctions:

Imprisonment Term / Fine: Not more than $300. AK ST § 28.90.010.

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Suspension or Revocation is through a point system. 

 Term of License Suspension / 

Revocation:

N/A

 Mandatory Term: N/A

Reckless Driving: Misdemeanor AK ST § 28.35.400.

Sanctions:

 Imprisonment Term / Fine: Not more than 1 year and/or a fine of not more than $1,000.

Mandatory Minimum Term / Fine: None

 

28 A person’s license shall be suspended or revoked for an accumulation of 12 or more points within any consecutive 12-month period, or 

18 or more points accumulated during any 24-month period. AK ST § 28.15.221(b).
ALASKA

SUMMARY OF SPEED LAWS, 12TH EDITION

7

Licensing Action:

 Type (Suspension / Revocation): Revocation AK ST § 28.15.181(a)(6), (b).

Term of License Suspension / 

Revocation:29

First conviction – Not less than 30 days;

Second conviction (within 10 years after a prior conviction) – Not less 

than 1 year;

Third or subsequent conviction (within 10 years after a prior 

conviction) – Not less than 3 years.

 Mandatory Term: The terms listed above appear to be mandatory. 

Negligent Driving:

30 Infraction AK ST § 28.35.410.

Sanctions:

 Imprisonment Term / Fine: Not more than $300. AK ST § 28.90.010.

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): N/A

Automated Speed Enforcement: Permitted (without S.P.)31

Limitation of Use of Speed 

Measurement Devices:

No statutory provisions

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person shall be disqualified from operating a CMV if convicted of a 

“serious traffic violation”32 within 3 years preceding the date of 

the present offense arising out of a separate incident.33

AK ST § 28.33.140(a)(6), (c). 

Period of Disqualification: Not less than 60 days if previously convicted once; 

Not less than 120 days if previously convicted

more than once. AK ST § 28.33.140(c).

 

29 Subject to statutory prohibitions, a court may impose limitations on a driver’s license rather than ordering revocation upon finding: (1) 

that the person’s ability to earn a livelihood would be severely impaired; and (2) a limitation can be placed on the license that will enable 

the person to earn a livelihood without excess danger to the public. Such limitation shall be for not less than 60 days. AK ST § 

28.15.181(b). 

30 Negligent driving is a lesser-included offense of reckless driving. AK ST § 28.35.410(b). 31 See Municipality of Anchorage v. Baxley, 946 P.2d 894 (Alaska App. 1997). This case concerns the use of photo radar, and whether the 

specific defendants should have been found guilty of speeding in a school zone. There is no statutory provision for the use of photo radar 

(speed cameras), but considering the nature of this case, it appears that localities or municipalities in Alaska may use speed cameras (photo 

radar) to detect speeding.

32 “Serious traffic violation” includes exceeding the speed limit by 15 or more mph, reckless driving, negligent driving, driving a CMV 

without obtaining a license to drive such vehicle, or driving a CMV without the proper class of license to drive a CMV. 

AK ST § 28.33.190(16).

33 The prior convictions include offenses of another law or ordinance with substantially similar elements. AK ST § 28.33.140(c).
ARIZONA

SUMMARY OF SPEED LAWS, 12TH EDITION

8

JURISDICTION ARIZONA

Reference: Arizona Revised Statutes Annotated

Arizona Administrative Code (AZ ADC)

Basis for a Speed Law Violation:

Basic Speed Rule: A person shall not drive a vehicle at a speed greater than is reasonable 

and prudent under the circumstances, conditions and actual and 

potential hazards then existing.AZ ST § 28-701.

Statutory Speed Limit:34 15 mph approaching a school crossing;

25 mph in a business or residential district;

65 mph in other locations, which includes interstate highways outside 

of urban areas with a population of 50,000 or more;

75 mph on an individual interstate system highway outside an 

urbanized area with a population of 50,000 or more or on all of the 

interstate system highways. AZ ST § 28-701(B); AZ ST § 28-702.04.

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the Director of the 

State Department of Transportation may: (1) alter or vary the above 

statutory speed limits on the State highway system;35 (2) increase the 

speed limit for vehicles greater than 26,000 lbs., (excluding motor 

vehicles designed to carry 16 or more passengers) or vehicles drawing 

a pole trailer that weighs 6,000 or more lbs.;

36 (3) increase the 

maximum speed limit to 75 mph on interstate highways outside of 

urban areas with a population of 50,000 or more; or (4) establish a 

safe maximum speed limit of any bridge or elevated structure. 

AZ ST § 28-702; AZ ST § 28-702.04(C); AZ ST § 28-706; 

AZ ST § 28-709(B).

II. Based on engineering and traffic investigations, local governments 

may increase (not greater than 65 mph) or decrease the speed limits 

on highways under their jurisdiction. AZ ST § 28-703.

Minimum Speed Limit: I.A person shall not drive a motor vehicle at a speed that is less than 

the speed that is reasonable and prudent under existing conditions. 

AZ ST § 28-701(E).

II. A person shall not drive a motor vehicle at such a slow speed as to 

impede or block the normal and reasonable movement of traffic. 

AZ ST § 28-704(A).

III. A person driving at less than the normal speed of traffic shall 

drive in the right-hand lane then available for traffic or as close as 

practicable to the right-hand curb or edge of the roadway. 

AZ ST § 28-721(B).

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the Director of the 

State Department of Transportation or local government officials may 

 

34 Exceeding this speed limit is “prima facie evidence that the speed is too great and therefore unreasonable.” AZ ST § 28-701(B). 35 This includes the establishment of different highway speed limits for different types of vehicles, at different times of the day, for various 

weather conditions or for other factors bearing on safe speeds. AZ ST § 28-702. Additionally, on multiple lane highways with two or more 

separate roadways, different speed limits may be established on each roadway. AZ ST § 28-703.02. 36 The Department may require these vehicles to operate only in certain lanes on specific highways. AZ ST § 28-736. However, unless a 

lower maximum speed limit is posted or the Department declares a greater maximum speed limit, then such vehicles shall not be driven at a 

speed greater than 65 mph. AZ ST § 28-709(A).
ARIZONA

SUMMARY OF SPEED LAWS, 12TH EDITION

9

establish a minimum speed limit on a highway. AZ ST § 28-704(B). 

Note: Slower moving traffic may be directed to use designated lanes. 

AZ ST § 28-729(3). 

Other: I. A person shall not: (1) exceed 35 mph approaching a school 

crossing; (2) exceed the posted speed limit in a business or residential 

district by more than 20 mph, or if no speed limit is posted, exceed 45 

mph; or (3) exceed 85 mph in other locations. AZ ST § 28-701.02.

II. A person shall not drive a vehicle equipped with solid rubber or 

cushion tires greater than 10 mph. AZ ST § 28-706(A).

Low Speed Vehicles:

Permitted on Public Roads 

(Yes/No):

Yes. Permitted on public roads with a maximum speed of 35 mph.

Maximum Speed Permitted: 25 mph 49 CFR § 571.3

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Civil Traffic Violation AZ ST § 28-121(B).

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: Basic Speed Law – Not to exceed $250. AZ ST § 28-702.04; 

AZ ST § 28-1598.

Statutory Speed Law (AZ ST § 28-701; AZ ST § 28-701.02) (Class 3 

misdemeanor) – Not more than 30 days and/or a fine of not more than 

$500. AZ ST § 13-707; AZ ST § 13-802; AZ ST § 28-701.02.

Driving Not More Than 10 MPH Over Limit – Civil penalty of 

$15 plus additional penalty assessments (this may be deemed to be a 

“waste of finite resources”). AZ ST § 28-702.01.

Mandatory Minimum Term / Fine: None

Other Penalties:

Traffic School: I. The licensing agency may require an offender to attend and 

successfully complete a Traffic Survival School. AZ ST § 28-3306; 

AZ ST § 28-3307.

II. The court may allow a violator to attend defensive driving school. 

The civil charges shall be dismissed if the offender successfully 

completes the course. However, a person can only attend this course 

once in any 24-month period. AZ ST § 28-3392; AZ ST § 28-3394.

 Other: I. Additional assessment. Any person driving at a speed greater than 

the speed allowed by a traffic control device in a State highway work 

zone, shall be assessed an additional assessment on top of the civil 

violation fine. AZ ST § 28-710.

II. A person driving over 15 mph between portable signs placed on the 

highway indicating “school in session”, “stop when children are in 
ARIZONA

SUMMARY OF SPEED LAWS, 12TH EDITION

10

crosswalk” and “civil penalty will be doubled” is subject to a civil 

penalty and an additional assessment equal to the amount of the civil 

penalty. AZ ST § 28-797.

Licensing Action:

Type (Suspension / Revocation): Licensing action is through a point system.37

Term of License Suspension / 

Revocation:

I. 3 month suspension if 13-17 points in a 12-month period or 8-12 

points in a 12-month period with successful completion of traffic 

school in a 24-month period;

II. 6 month suspension if 18-23 points in a 12-month period; 

III. 12 months suspension if 24 or more points in a 36-month period.

AZ ADC R17-4-404(E).

Mandatory Term: The terms above appear to be mandatory.

Other Criminal Actions Related to 

Speeding:

Racing on Highway: Class 1 misdemeanor. A second or subsequent violation within 24 

months is a Class 6 felony. AZ ST § 28-708.

Sanctions:

Imprisonment Term / Fine: 38 First offense– Not more than 6 months & not less than $250;

Second or subsequent offense (within 24 months of a first conviction) 

– From .33 months to 2 years,

39 and not less than $500.

AZ ST § 13-702; AZ ST § 13-707; AZ ST § 13-802; 

AZ ST § 28-708(B).

 Mandatory Minimum Term / Fine: First offense – Not less than $250;

Second or subsequent offense– Not less than 10 days40 and not less 

than $500. AZ ST § 28-708(C), (D).

Licensing Action:

Type (Suspension / Revocation): Licensing action is through both the point system (8 points) and by 

court action. AZ ST § 28-708(F); AZ ADC R17-4-404, Table 1.

 Term of License Suspension / 

Revocation:

First offense – Suspension for not more than 90 days; 

Second or subsequent offense (within 24 months or within 84 months 

under AZ ST § 28-3304(A)(10)41) – Revocation for not more than 1 

year. AZ ST § 28-708(F); AZ ST § 28-3315(A).

 

37 The following points are assessed for speeding and speed-related violations: (1) reasonable and prudent speed violation = 3 points; (2) 

reckless driving, aggressive driving or racing on highways = 8 points. AZ ADC R17-4-404, Table 1; AZ ST § 28-3315. 38 A defendant may be ordered by the court to perform community restitution in addition to a fine or jail sentence. AZ ST § 28-708. 39 Unless a specific sentence is otherwise provided, a term of imprisonment for a first felony offense shall be the presumptive sentence (1 

year, for a Class 6 felony). However the court may take into consideration the minimum and maximum sentences permitted by law, as well 

as mitigating and aggravating factors. For a Class 6 felony, the range of imprisonment is approximately 4 months (.33 years) to 2 years. 

AZ ST § 13-702. 40 The court may permit a defendant to continue school or employment for not more than 12 hours each day nor more than 5 days per week. 

In such case, the defendant shall spend the remaining days or parts of days in jail until the sentence is served. The court may allow the 

defendant to be out of jail only long enough to complete the defendant’s actual hours of employment or school. AZ ST § 28-708(E). 41 AZ ST § 28-3304(A)(10) states, in part, that the department shall immediately revoke the license of a driver upon receipt of the record of 

a final conviction of racing on highways or reckless driving.
ARIZONA

SUMMARY OF SPEED LAWS, 12TH EDITION

11

 Mandatory Term: None

Reckless Driving:

42 Class 2 misdemeanor. A second or subsequent violation43 within 24 

months is a Class 1 misdemeanor. AZ ST § 28-693(A), (B), (D).

Sanctions:

 Imprisonment Term / Fine:44 First offense – Not more than 4 months and a fine of not more than 

$750;

Second or subsequent offense (within 24 months) – Not more than 6 

months and a fine of not more than $2,500. AZ ST § 28-693; 

AZ ST § 13-707; AZ ST § 13-802. 

Mandatory Minimum Term / Fine: 20 days in jail for a second or subsequent offense. 

AZ ST § 28-693(D)(2). There is no mandatory minimum term for a 

first offense, or for a fine.

Licensing Action:

 Type (Suspension / Revocation): Licensing action is through both the point system (8 points) and by 

court action. AZ ST § 28-693; AZ ADC R17-4-404, Table 1.

Term of License Suspension / 

Revocation:

First offense – Suspension for not more than 90 days; 

Second or subsequent offense (within 24 months or 84 months under 

AZ ST § 28-3304(A)(10)) – Revocation for not more than1 year.

AZ ST § 28-693; AZ ST § 28-3315.

 Mandatory Term: None

Aggressive Driving:

45 Class 1 misdemeanor AZ ST § 28-695(B).

Sanctions:

 Imprisonment Term / Fine: Not more than 6 months and a fine of not more than $2,500.

AZ ST § 28-695(B); AZ ST § 13-707; AZ ST § 13-802.

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Licensing action is through both the point system (8 points) and by 

court action. AZ ST § 28-695; AZ ADC R17-4-404, Table 1.

Term of License Suspension / 

Revocation:

First offense – Suspension for 30 days; 

Second or subsequent offense – Revocation for 1 year. 

AZ ST § 28-695(C)(2), (D)(2).

 

42 A person commits reckless driving when he drives a vehicle in reckless disregard for the safety of persons or property. 

AZ ST § 28-693(A). 43 The second or subsequent violation may include racing under AZ ST § 28-708. 44 The court may permit a defendant to continue school or employment for not more than 12 hours each day nor more than 5 days per week. 

In such case, the defendant shall spend the remaining days or parts of days in jail until the sentence is served. The court may allow the 

defendant to be out of jail only long enough to complete the defendant’s actual hours of employment or school. AZ ST § 28-693(F). 45 A person commits “aggressive driving” if both of the following occur: (1) during a course of conduct the person drives at an excessive 

speed and commits two of the following violations: (a) failure to obey traffic control devices; (b) overtaking and passing another vehicle on 

the right by driving off the pavement or main traveled portion of the roadway; (c) unsafe lane change; (d) following too closely; or (e) 

failure to yield the right-of-way; and (2) the person’s driving is an immediate hazard to another person or vehicle. AZ ST § 28-695(A).
ARIZONA

SUMMARY OF SPEED LAWS, 12TH EDITION

12

Mandatory Term: The terms listed above are mandatory.

 Other: First offenders must attend and successfully complete approved traffic 

survival school training and educational sessions approved by the 

Department. AZ ST § 28-695(C)(1).

Automated Speed Enforcement: Permitted

Although the statute mandating the department to enter in contracts 

with private vendors has been repealed, it appears that photo radar 

enforcement (speed cameras) are permitted. See Tonner v. Paradise 

Valley Magistrate’s Court, 831 P.2d 448 (Ariz.App. Div.1, 1992).

Limitation of Use of Speed 

Measurement Devices:

No statutory provisions

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such 

vehicle that person commits 2 “serious traffic violations”46 within a 3-

year period or 3 such violations within a 3-year period. 

AZ ST § 28-3312(A)(5), (6).

Period of Disqualification: Two serious violations (within 3 years) – at least 60 days;

Three serious violations (within 3 years) – at least 120 days. 

AZ ST § 28-3312(A)(5), (6).

 

46 “Serious traffic violation” means a conviction or finding for excessive speeding (15 mph or more above the speed limit), reckless 

driving, aggressive driving, and racing. AZ ST § 28-3312(J).
ARKANSAS

SUMMARY OF SPEED LAWS, 12TH EDITION

13

JURISDICTION ARKANSAS

Reference: Arkansas Code Annotated

Code of Arkansas Rules (AR ADC)

Basis for a Speed Law Violation: 

Basic Speed Rule: No person shall drive a vehicle at speed that is greater than is 

reasonable and prudent under the conditions and having regard to the 

actual and potential hazards then existing. AR ST §27-51-201(a)(1).

Statutory Speed Limit: Controlled-Access Highways — The maximum speed is determined 

through engineering and traffic studies and, for trucks with a 1 1⁄2 ton 

or more capacity, shall be established at 10 mph below that 

established for automobiles.AR ST § 27-51-201(b)(1), (2).

30 mph in urban districts; 

50 mph for trucks with a capacity of 11⁄2 or more in other locations 

(except controlled-access highways);

60 mph for other vehicles in other locations (except controlled-access 

highways);

30 mph for any vehicle which is over width, over length, over height 

or the gross load of which is in excess of 64,000 lbs., excluding the 

front axle, even if operated under a special permit.

AR ST § 27-51-201(c).

Posted (Maximum) Speed Limit: I. Based upon engineering and traffic studies, the State Highway

Commission may alter the above statutory speed limits on the State 

highway system.AR ST § 27-51-204.

II. Based upon engineering and traffic investigations, local 

governments may increase the speed limits on highways within their 

jurisdictions. However no speed limit shall be greater than 45 mph, 

and if no speed is posted on a county road, then the presumptive speed 

limit is 40 mph. AR ST § 27-51-206(b); AR ST § 27-51-216.

III. Based upon investigation, the State Highway Commission may 

establish safe maximum speed limits for bridges or other elevated 

structures. AR ST § 27-51-209.

Minimum Speed Limit: I. No person shall drive a motor vehicle at such a slow speed as to 

impede the normal and reasonable movement of traffic. 

AR ST § 27-51-208.

II. A person shall not operate a motor vehicle continuously in the left 

lane of a multi-lane roadway whenever it impedes the flow of other 

traffic. AR ST § 27-51-301(b).

Posted (Minimum) Speed Limit: Based upon engineering and traffic studies, a minimum speed limit for 

any highway may be established. AR ST § 27-51-208. Note: Posted 

signs may direct slower moving traffic to use designated lanes. 

AR ST § 27-51-302(2).

Other: I. 55 mph is the maximum speed while towing a manufactured home 

or mobile home. However, on highways with a posted speed limit of 

less than 55 mph, the posted speed limit applies. The Highway and 

Transportation Department may set speed limits less than 55 mph or 

that posted by placing a restriction on the oversize permit issued to any 

specific vehicle. AR ST § 27-51-210.
ARKANSAS

SUMMARY OF SPEED LAWS, 12TH EDITION

14

II. 10 mph is the maximum speed while operating a vehicle equipped 

with solid rubber or cushion tires. AR ST § 27-51-211.

III. 25 mph is the maximum speed when passing a school building or 

while in a school zone during school hours when students are present 

and outside the building. AR ST § 27-51-212; AR ST § 27-51-213.

Low Speed Vehicles:

Permitted on Public Roads 

(Yes/No):

Yes. Public roads in which a slow speed would not impede the normal 

and reasonable movement of traffic. AR ST § 27-51-208.

Maximum Speed Permitted: N/A

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Misdemeanor AR ST § 27-50-304. Speeding in excess of 15 mph 

over the posted speed limit is a Class C Misdemeanor

AR ST § 27-50-302(a)(7).

Sanctions Following an Adjudication

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: I. First offense – Not more than 10 days or not more than $100; 

Second offense (within 1 year) – Not more than 20 days and/or not 

more than $200;

Third or subsequent offense (within 1 year) – Not more than 6 months 

and/or not more than $500.AR ST § 27-50-304.

II. Speeding in School Zone:

First offense – Not less than 1 day or more than 10 days or not less 

than $25 or more than $100;

Second offense (within 1 year) – Not less than 5 days or more than 25 

days and/or not less than $50 or more than $250;

Third or subsequent offense (within 1 year) – Not less than 25 days or

more than 6 months and/or not less than $250 or more than $1,000. 

AR ST § 27-51-214.

Mandatory Minimum Term / Fine: The terms and fines above are mandatory minimum.

Other Penalties:

Traffic School: Attendance at driver's training school may be required. 

AR ST § 27-50-306(3).

 Other: Highway Work Zone: The fine is doubled if the offense is committed 

in a highway work zone when construction personnel are present and 

where signs indicating a “double fine zone” are posted. 

AR ST § 27-50-408(b)(1)(A).

Driving Over 15 mph Over the Speed Limit: It is a Class C 

Misdemeanor to operate a motor vehicle in excess of 15 mph over the 

posted speed limit. The sanctions for this offense are imprisonment for 

not more than 10 days or a fine of not more than $100. 

AR ST § 27-50-302(a)(7).
ARKANSAS

SUMMARY OF SPEED LAWS, 12TH EDITION

15

Licensing Action

Type (Suspension / Revocation): Suspension by the court or through a point system.47

AR ST § 27-50-306(1); AR ADC 006.05.101 (Regulations 1-27-16-

907; 5-27-16-907).

Term of License Suspension / 

Revocation:

Not more than 1 year.

48 AR ST § 27-50-306(1).

Speeding in School Zone:

Second offense (within 1 year) – Suspension for 6 months;

Third offense (within 1 year) – Suspension for 1 year. AR ST § 27-

51-214(2)(B), (3)(B).

Mandatory Term: Mandatory terms apply only to speeding within school zone, listed 

above.

Miscellaneous Sanctions Not 

Included Elsewhere:

Special Fine for Speeding in Heavy Trucks: On interstate highways 

or State highways which have a posted speed limit for trucks different 

from other motor vehicles, a person driving a truck weighing 20,000 

lbs., or more, in excess of 5 mph of the posted speed limit is subject to 

a fine of $50 for each mile per hour exceeding the posted speed limit in 

excess of 5 mph. This fine is in addition to all other fines and court 

costs. AR ST § 27-50-311.

Multiple Violations: Arkansas law provides that it is a Class C 

Misdemeanor to commit more than 3 violations within 12 months. 

AR ST § 27-50-302(b). Sanctions = jail for not more than 30 days or a 

fine of not more than $500. AR ST § 5-4-201(b)(3); 

AR ST § 5-4-401(b)(3).

Other Criminal Actions Related to 

Speeding:

Racing on Highway: Class A misdemeanor AR ST § 27-50-302(1); AR ST § 27-50-309.

Sanctions:

Imprisonment Term / Fine: Not more than 1 year and/or not more than $2,500. 

AR ST § 5-4-201; AR ST § 5-4-401(b)(1).

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Suspension by the court or through the point system. 

AR ST § 27-50-306(1).

Term of License Suspension / 

Revocation:

Not more than 1 year. AR ST § 27-50-306(1).

 

47 Point System: I. If an offender accumulates 14 through 17 points = suspension for no more than 3 months; 18 - 23 points = no more than 

6 months; 24 or more points = no more than 1 year. The Office of Driver Services has the discretion to take action with regard to 

suspension after the accumulation of points. II. The following points are assigned for speeding and speed-related offenses: racing on the 

highway =8 points; reckless driving =8 points; careless (or negligent) driving =3 points; hazardous or aggressive driving =3 points; 

speeding up to 10 mph over the limit =3 points; speeding 11 to 20 mph over the limit =4 points; speeding 21 to 30 mph over the limit =5 

points; speeding 31 mph or more over the limit =8 points; AR ADC 006.05.101 (Regulations 1-27-16-907; 5-27-16-907). 48 The court may grant a conditional or restricted permit to drive during the suspension. AR ST § 27-50-306(2). 
ARKANSAS

SUMMARY OF SPEED LAWS, 12TH EDITION

16

 Mandatory Term: None

 Other: Second offense (within 6 months) – An offender may be fined an 

amount not exceeding double that for a first offense and is subject to a 

license revocation for not more than 60 days; 

Third or subsequent offense (within 6 months) – An offender may be 

fined an amount not exceeding double that for a first offense and is 

subject a license revocation for not more than 6 months. 

AR ST § 27-51-102(b)(1), (2).

Reckless Driving:

49 Class B misdemeanor. AR ST § 27-50-302(2); AR ST § 27-50-308.

Sanctions:

 Imprisonment Term / Fine: I. Non-Injury-related offense: 

First offense – not less than 5 days or more than 90 days and/or not 

less than $25 or more than $500;

Second or subsequent offense (within 3 years) – not less than 30 days 

or more than 6 months and/or not less than $500 or more than $1,000.

II. Injury-related Offense:

First offense – not less than 30 days or more than 90 days and/or not 

less than $100 or more than $1,000;

Second or subsequent offense50 (within 3 years) – not less than 60

days or more than 1 year and/or not less than $500 or more than

$1,000. AR ST § 27-50-308.

Mandatory Minimum Term / Fine: None

Licensing Action:

 Type (Suspension / Revocation): Suspension or revocation by the court or through the point system. 

AR ST § 27-50-306(1).

For 3 convictions within 12 months – Revocation 

AR ST § 27-16-905(5).

Term of License Suspension / 

Revocation:

Suspension for not more than 1 year AR ST § 27-50-306(1).

Revocation for 1 year AR ST § 27-16-912.

 Mandatory Term: There is a mandatory term for revocation, as listed above.

Careless & Prohibited Driving:

51 Violation. AR ST § 5-1-108; AR ST § 27-50-301; 

AR ST § 27-51-104.

 

49 Any person who drives any vehicle in such a manner as to indicate a wanton disregard for the safety of persons or property is guilty of 

reckless driving. AR ST § 27-50-308. 50 The sanctions for a second or subsequent injury offense also apply where the first offense was non-injury related but where the second or 

subsequent one was so related. AR ST § 27-50-308(b)(2)(B). 51 Any person who drives or operates any vehicle in such a careless manner as to evidence a failure to keep a proper lookout for other 

traffic, or in such a manner as to evidence a failure to maintain proper control on the public thoroughfares or private property shall be found 

guilty of careless driving. Additionally, the following acts are prohibited: (1) improper or unsafe lane changes on public roadways; (2) 

driving onto or across private property to avoid intersections, stop signs, traffic control devices or traffic lights; (3) skidding, spinning or 

sliding of tires or vehicle; (4) driving too close to, or colliding with, parked or stopped vehicles, fixtures, persons or objects adjacent to the 

public thoroughfares; (5) driving a vehicle which has any part or object extended as to endanger persons or property; (6) failing to maintain 

control; (7) driving or operating a vehicle wherein or whereon passengers are located in such a manner as to be dangerous to the welfare of 

such passengers; or (8) failing to pay attention. AR ST § 27-51-104.
ARKANSAS

SUMMARY OF SPEED LAWS, 12TH EDITION

17

Sanctions:

 Imprisonment Term / Fine: A fine not to exceed $100. AR ST § 27-51-104.

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Suspension by the court or through the point system. 

Term of License Suspension / 

Revocation:

Not more than 1 year. AR ST § 27-50-306(1).

Mandatory Term: None

Automated Speed Enforcement: Limited. Automated enforcement devices may only be used to detect 

and enforce violations of traffic laws or ordinances within school zone 

or at railroad crossings. Law enforcement officer must be present and 

citation must be issued at time of violation. AR ST § 27-52-110; 

AR ST § 27-52-111.

Limitations of Use of Speed 

Measurement Devices:

Police traffic radar use is permitted. AR ST § 12-9-401; 

AR ST § 12-9-402; AR ST § 12-9-403.

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person is disqualified from operating a CMV if while

driving such a vehicle that person commits 2 serious traffic 

violations52 within a 3-year period, or 3 such violations within a 3-year 

period. AR ST § 27-23-112(c).

Period of Disqualification: Second conviction of a serious violation (within 3 years) – 60 days; 

Third or subsequent conviction of a serious violation (within 3 years) –

120 days. AR ST § 27-23-112(c).

 

52 A “serious traffic violation” includes exceeding the speed limit by 15 or more mph, reckless driving, improper or erratic traffic lane 

changes or following too closely. AR ST § 27-23-103(37).
CALIFORNIA

SUMMARY OF SPEED LAWS, 12TH EDITION

18

JURISDICTION CALIFORNIA

Reference: West’s Annotated California Vehicle Code (CA Veh)

Basis for a Speed Law Violation: 

Basic Speed Rule: No person shall drive a vehicle at a speed greater than is reasonable or 

prudent having due regard for weather, visibility, the traffic on, and 

surface and width of the highway. In no event shall a person drive at a 

speed such as to endanger the safety of persons or property.

CA Veh § 22350.

Statutory Speed Limit: 65 mph;

53 CA Vehicle Code §22349(a); CA Veh § 22356.

55 mph on two lane undivided highway; CA Veh § 22349(b).

25 mph (prima facie limit) in a business or residence district, when 

approaching or passing a school building or school grounds, or when 

passing a senior citizen facility contiguous to a street other than a State 

highway; CA Veh § 22352(a)(2).

25 mph near a children's playground;

54 CA Ve§22357.1.

15 mph (prima facie limit) on any alley or when traversing either an 

uncontrolled railway crossing or uncontrolled highway intersection 

where the driver does not have a clear and unobstructed view.

CA Veh § 22352(a)(1).

Posted (Maximum) Speed Limit: I. Based on engineering and traffic surveys, the State Department of 

Transportation may do the following: (1) establish speed limits of 60, 

55, 50, 45, 40, 35, 30 or 25 mph on the State highway system55

(CA Veh § 22354); and (2) establish different speed limits for highway 

lanes on the State highway system.(CA Veh § 22364).

II. Based on engineering and traffic surveys, a local government may 

do the following: (1) decrease the 65 mph speed limit on applicable 

highways within its jurisdiction to 60, 55, 50, 45, 40, 35, 30 or 25 mph 

on highways (CA Veh § 22358(a); CA Veh § 22360); (2) lower the 25 

mph speed limit to 15 or 20 mph for business and residential districts 

or school zones (CA Veh § 22358.4); (3) decrease the 25 mph to either 

15 or 20 mph on streets under its jurisdiction having a width not more 

than 25 feet (CA Veh § 22358.3); (4) increase the 25 mph limit to 30, 

35, 40, 45, 50, 55, 60 or 65 mph on highways under its jurisdiction 

(CA Veh § 22357).

III. Based on engineering and traffic surveys, the State or local 

government within their respective jurisdictions may do the following: 

(1) establish different prima facie speed limits for different roadways 

(CA Veh § 22361); (2) establish speed limits of 40, 35, 30 or 25 mph 

when ice or snow conditions exist (CA Veh § 22363); (3) establish a 

 

53 Based upon engineering and traffic surveys, the State Department of Transportation may increase the maximum speed limit to 70 mph. 

CA Veh§ 22356(a). Note: Neither the 65 mph nor 70 mph maximum speed limits apply to the following vehicles: (1) motortruck or truck 

tractor having 3 or more axles, or drawing any vehicle; (2) passenger vehicle or bus drawing any other vehicle; (3) school bus transporting 

any school pupil; (4) farm labor vehicle when transporting passengers; (5) vehicle transporting explosives; (6) trailer bus. CA Veh§ 22406. 54 This limit is established by local authorities. A local government may also establish a prima facie speed limit of 25 mph on highways 

under its jurisdiction that are adjacent to a children's playground in a public park. However, such a speed limit is only to be effective 

during hours when children are expected to use such playground. CA Veh§ 22357.1. 55 Also, based on engineering and traffic surveys, the State Department of Transportation may establish different speed limits for various 

times of the day or night. CA Veh§ 22355.
CALIFORNIA

SUMMARY OF SPEED LAWS, 12TH EDITION

19

safe maximum speed limit (but not less than 5 mph) for bridges, 

elevated structures, tubes or tunnels on the highway under their 

respective jurisdictions (CA Veh § 22402; CA Veh § 22403; 

CA Veh § 22404; CA Veh § 22405). 

IV. Notwithstanding other provisions of law, a city or county located 

within the South Coast Air Quality Management District may establish 

on unpaved roads a speed limit lower than permitted in order to 

comply with air quality standards. CA Veh § 22365.

Minimum Speed Limit: I. A person shall not drive a vehicle at such a slow speed as to impede 

or block the normal and reasonable movement of traffic. 

CA Veh § 22400(a).

II. A person driving at less than the normal speed of traffic shall drive 

in the right-hand lane for traffic or as close as practicable to the righthand edge or curb. CA Veh § 21654(a).

Posted (Minimum) Speed Limit: Based on engineering and traffic surveys, the State Department of 

Transportation may establish a minimum speed on any part of the 

State highway system. CA Veh § 22400(b).

Other: I. 25 mph is the maximum speed for vehicles with solid tires and 

having a gross vehicle weight for 10,000 or more but less than 16,000 

lbs.; (CA Veh § 22409)

II. 15 mph is the maximum speed for vehicles equipped with solid 

tires and having a gross vehicle weight for 16,000 but less than 22,000 

lbs.; (CA Veh § 22409)

III. 12 mph is the maximum speed for vehicles equipped with solid 

tires and having a gross vehicle weight of 22,000 lbs., or more; 

(CA Veh § 22409)

IV. 55 mph56 is the maximum speed for the vehicles listed in CA Veh 

§ 22406. These vehicles must be driven in the right-hand lane or as 

close as practicable to the right curb; 

(CA Veh § 22348(c))

V. 6 mph is the maximum speed for vehicles equipped with metal 

tires; (CA Veh § 22410)

VI. A construction zone speed limit cannot be less than 25 mph. 

(CA Veh § 22362)

Low Speed Vehicles:

Permitted on Public Roads 

(Yes/No):

Yes. Public roads with a posted speed limit of 35 mph or less. 

CA Veh § 21260.

Maximum Speed Permitted: 25 mph CA Veh § 385.5

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Infraction. CA Veh § 22351; CA Veh § 40000.1; CA Veh § 42001(a).

 

56 Based on engineering and traffic surveys, the State Department of Transportation may reduce the 55 mph maximum speed limit for 

motor trucks or truck tractors having gross vehicle weight 10,000 lbs., or more while in a descending grade. The speed limit for these 

vehicles may be established at 50, 45, 40, 35, 30, 25 or 20 mph. CA Veh §22407.
CALIFORNIA

SUMMARY OF SPEED LAWS, 12TH EDITION

20

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: First offense – Not more than $100;

57

Second offense (within 1 year of a prior infraction) – Not more than 

$200;

Third or subsequent offense (within 1 year of 2 or more prior 

infractions) – Not more than $250. CA Veh § 42001(a)(1), (2), (3).

Mandatory Minimum Term / Fine: None

Other Penalties:

Traffic School: Court ordered traffic violator school. CA Veh § 42005.

 Other: I. Traffic Violation Points.

58 An offender is assessed 1 point on 

his/her driving record. CA Veh § 12810(f).

II. Special State/County Penalties (Fines).

59

Licensing Action:

Type (Suspension / Revocation): Suspension.CA Veh § 13200.

Term of License Suspension / 

Revocation:

First offense – Not more than 30 days;

Second offense – Not more than 60 days; 

Third or subsequent offense – Not more than 6 months.

CA Veh § 13200.

Mandatory Term: None

Miscellaneous Sanctions Not 

Included Elsewhere:

I. The following fines apply to offenses involving exceeding the basic 

speed rule (CA Veh § 22350): exceeding 55 mph in a bus, motor truck, 

truck tractor (with 3 or more axles) or any motor truck or truck tractor 

drawing any other vehicle (CA Veh § 22406) or exceeding the speed 

established for a bus, motor truck, truck tractor (with 3 or more axles) 

or any motor truck or truck tractor drawing any other vehicle when 

descending a grade. (CA Veh § 22407): 

First offense – Not more than $100;

First offense (where speed was 10 mph or more over the limit) – Not 

more than $200;

Second or subsequent offense – Not more than $300. 

CA Veh § 42000.5.

 

57 A person who exceeds the speed limit on certain segments of certain highways designated as “Safety Enhancement – Double Fine” zones 

is subject to a fine sanction which is one category higher than the amount otherwise prescribed by the uniform traffic fine schedule. Note: 

Additional forfeitures or assessments, which are based on the fine imposed, are to be calculated using only the base fine prior to the above 

enhancement. CA Streets &Highways § 97; CA Veh § 40310; CA Veh § 42010. CA Veh § 40310 provides that the California Judicial 

Council shall establish a uniform traffic fine schedule. 

58 Point System: A person is presumed to be a negligent driver if that person accumulates four or more points in 12 months, 6 or more 

points in 24 months, or 8 or more points in 36 months. Such a driver can have the driving privileges suspended for not more than 6 

months. However, that person may obtain restricted driving privileges for use during the scope of employment. 

CA Veh § 12809; CA Veh § 12810; CA Veh § 12810.5; CA Veh § 12812; CA Veh § 13359. 59 Special State Penalty (Fine): An additional State penalty of $10 is assessed against every defendant for every $10 of a fine (or fraction 

thereof) actually imposed and paid by a defendant. CA Penal §1463(h); CA Code §1464(a).

Special County Penalty (Fine): An additional county penalty of $7 is assessed against every defendant for every $10 of a fine (or fraction 

thereof) actually imposed and paid by a defendant. CA Govt. §76000; CA Penal § 1463(h).Note: The portion of any fine that has been 

either suspended or reduced is not considered when calculating these assessments.
CALIFORNIA

SUMMARY OF SPEED LAWS, 12TH EDITION

21

II. For speeding in a tank vehicle transporting greater than 500 gallons 

of flammable liquids, in willful or wanton disregard for the safety of 

others, a person is subject to the following additional sanctions: 

First offense – Not more than $500;

Second or subsequent offense (within 2 years) – Not more than $2,000

and suspension of hazardous material or cargo tank endorsement for 6 

months or less. CA Veh § 22406.5.

III. If the imposition of an infraction fine would impose a hardship 

(offender or his/her family), the court may sentence such person to 

perform community service in lieu of the “total fine” (i.e., the base 

fine, all assessments, penalties and additional monies). 

CA Penal §1209.5.

Other Criminal Actions Related to 

Speeding:

Speed Contest:

60 Misdemeanor CA Veh § 23109; CA Veh § 40000.15.

Sanctions:

Imprisonment Term / Fine: Speed Contest: 

First offense– Not less than 24 hours or more than 90 days and/or not 

less than $355 nor more than $1,000. 40 hours of community service 

shall be ordered;

Subsequent offense (within 5 years) – Not less than 4 days or more 

than 6 months and/or not less than $500 nor more than $1,000. 

CA Veh § 23109(e), (f).

Speed Contest with Bodily Injury:

First offense – Not less than 30 days nor more than 6 months and/or 

not less than $500 nor more than $1,000;

Subsequent offense (within 5 years) – Not less than 30 days nor more 

than 6 months and not less than $500 nor more than $1,000. 

CA Veh § 23109(e)(2), (f)(2).

Speed Contest with Serious Bodily Injury:

61

Subsequent offense (within 5 years) – Not less than 30 days nor more 

than 1 year and not less than $500 nor more than $1,000. 

CA Veh § 23109(f)(3); CA Veh § 23109.1.

Exhibition or Aiding Speed: 

Not more than 90 days and/or not more than $500. 

CA Vehicle Code § 23109(i).

 Mandatory Minimum Term / Fine: Speed Contest: 

First offense– None;

 

60 The law makes it an offense to “engage in any motor vehicle speed contest on a highway” or “engage in any exhibition of speed on a 

highway.”

61 “Serious bodily injury” is defined as a serious impairment of physical condition, including, but not limited to: (1) loss of consciousness; 

(2) concussion; (3) bone fracture; (4) protracted loss or impairment of function of any bodily member or organ; (5) a wound requiring 

extensive suturing; and (6) serious disfigurement. CA Penal § 243(f)(4).
CALIFORNIA

SUMMARY OF SPEED LAWS, 12TH EDITION

22

Subsequent offense (within 5 years) – Not less than 4 days and/or not 

less than $500. CA Veh § 23109(f).

Exhibition of Speed: None

Licensing Action:

Type (Suspension / Revocation): For Speed Contest – Suspension. CA Veh § 13352(a)(8); 

CA Veh § 23109(e), (f).

Term of License Suspension / 

Revocation:

Speed Contest: 

First offense– Suspension 90 days to 6 months.

CA Veh § 13352(a)(8); CA Veh § 23109(e);

Subsequent offense (within 5 years) – Suspension 6 months.

CA Veh § 13352(a)(9); CA Veh § 23109(f)(4).

Exhibition of Speed: None

 Mandatory Term: Speed Contest: The 90-day term and 6-month term listed above are 

mandatory, if suspension is ordered by the court. CA Veh § 13352(8), 

(9).

 Other: I. Speed Contest: 

First or subsequent offense (within 5 years) – If the vehicle is owned 

by the offender, it may be impounded from 1 day to 30 days. CA Veh 

§ 23109(h); CA Veh § 23109.2.

II. For either offense, the court may order an offender to attend a 

traffic violator school. CA Veh § 42005.

III. Traffic Violation Points: An offender is assessed 2 points on the 

driving record. CA Veh § 12810(d)(1).

Reckless Driving:

62 Misdemeanor CA Veh § 23103; CA Veh § 40000.15.

Sanctions:

 Imprisonment Term / Fine: Not less than 5 days or more than 90 days and/or not less than $145 or 

more than $1,000. CA Veh § 23103(c).

Mandatory Minimum Term / Fine: The base term and fine listed above are mandatory minimums.

Licensing Action:

 Type (Suspension / Revocation): Suspension or Revocation CA Veh § 13200; CA Veh § 13351(a)(2).

Term of License Suspension / 

Revocation:

First offense – Suspension not more than 30 days; 

Second offense – Suspension not more than 60 days; 

Third or subsequent offense – Suspension not more than 6 months. 

CA Veh § 13200. 

 

62 A person who drives a vehicle on a highway or in an off-street parking facility in willful or wanton disregard for the safety of persons or 

property is guilty of reckless driving. CA Veh § 23103.
CALIFORNIA

SUMMARY OF SPEED LAWS, 12TH EDITION

23

Three (3) or more offenses (within 12 months from the time of the first 

offense to the third offense) – Revocation for 3 years. 

CA Veh§ 13351(a)(2), (b).

 Mandatory Term: The three-year revocation listed above is mandatory.

 Other: I. The court may order an offender to attend a traffic violator school. 

CA Veh § 42005.

II. Traffic Violation Points: An offender is assessed 2 points on the 

driving record. CA Veh § 12810(c).

III. Impoundment: If the reckless driving offense involved motor 

vehicle operation at a speed of 100 mph or more, the vehicle owned 

and driven by the offender may be impounded for a first offense not 

more than 6 months and for a second offense not more than 12 

months. CA Veh§ 23592. Additionally, under CA Vehicle Code § 

23109.2, an officer may impound or seize the vehicle for not more 

than 30 days.

Reckless Driving Causing Bodily 

Injury:

Misdemeanor/Felony CA Veh § 23104; CA Veh § 40000.15; CA 

Veh § 40000.24; CA Penal §17.

Sanctions:

 Imprisonment Term / Fine: First offense or subsequent (causing bodily injury) (Misdemeanor) –

Not less than 30 days or more than 6 months (in the county jail) 

and/or not less than $220 or more than $1,000;

Subsequent offense (causing great bodily injury) (Felony)– Not less 

than 30 days or more than 6 months63 (in the county jail) and/or not 

less than $220 or more than $1,000. CA Veh § 23104(a), (b); 

CA Veh § 23105.

 Mandatory Minimum Term / Fine: The base terms and fines listed above are mandatory.

Licensing Action:

Type (Suspension / Revocation): Revocation64 CA Veh § 13350(a)(3); CA Veh § 13351(a)(2).

Term of License Suspension / 

Revocation:

1 year. CA Veh §13350(c). 

Three (3) or more offenses (within 12 months) – revocation is for 3 

years. CA Veh § 13351(a)(2), (b).

Mandatory Term: Term above is mandatory.

 Other: I. The court may order an offender to attend a traffic violator school.

CA Veh § 42005.

II. Traffic Violation Points: An offender is assessed 2 points on the 

driving record. CA Veh § 12810(c).

 

63 Under CA Penal §17, a person, who is punished by imprisonment in the State prison, is considered to have committed a felony. In this 

case, the punishment is “imprisonment in the State prison, by imprisonment in the county jail.” In other words, the defendant will be 

sentenced for a felony, but will serve such sentence in the county jail, rather than a State correctional/prison facility.

64 The offender is also subject to license suspension for not more than 6 months under CA Veh§ 13201.
CALIFORNIA

SUMMARY OF SPEED LAWS, 12TH EDITION

24

Speed in Excess of 100 MPH: Infraction CA Veh § 22348(b).

Sanctions:

 Imprisonment Term / Fine: First offense – Not more than $500;

Subsequent offense (within 3 years) – Not more than $750. 

CA Veh § 22348(b); CA Veh § 42000.1. See III, Other below.

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Suspension. CA Veh § 22348(b); CA Veh § 13200.5; 

CA Veh § 13355(a), (b).

Term of License Suspension / 

Revocation:

First offense – Not more than 30 days. CA Veh § 22348(b)(1); 

CA Veh § 13200;

Second offense (within 3 years) – 6 months. 

CA Veh § 22348(b)(2); CA Veh § 13355(a);

Third or subsequent offense (within 5 years) – 1 year.

CA Veh § 22348(b)(3); CA Veh § 13355(b).

Mandatory Term: For a first offense, suspension is discretionary. For second and 

subsequent offenses, suspension is mandatory. However, restricted 

driving privileges are available to allow an offender either to travel to 

and from work or to perform employment-related duties. 

CA Veh § 22348(b)(1); CA Veh § 13200.5; CA Veh § 13355(a), (b).

 Other: I. Traffic Violator School (discretionary) CA Veh § 42005.

II. Traffic Violation Points: An offender is assessed 2 points on the 

driving record. CA Veh § 12810(d)(1).

III. If a fine for an infraction would impose a hardship on an offender 

or their family, the court may sentence such person perform 

community service in lieu of the “total fine” (i.e., the base fine, all 

assessments, penalties and additional monies). CA Penal §1209.5.

Automated Speed Enforcement: Yes by S.P. Automated traffic enforcement systems are permitted.

CA Veh§ 21455.5.

Limitation of Use of Speed 

Measurement Devices:

Yes Use of photo radar is not permitted for speed enforcement. 

CA Veh § 21455.6(c).

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: No person may operate a CMV if that person has been convicted of a 

“serious traffic violations”65 within a 3-year period or has been 

convicted of 3 such violations within a 3-year period while driving a 

CMV. CA Veh § 15306; CA Veh § 15308.

Period of Disqualification: Serious violation (within 3 years) – 60 days;

Three serious violations (within 3 years) – 120 days. 

CA Veh § 15306; CA Veh § 15308.

 

65 A “serious traffic violation” includes exceeding the speed limit by 15 or more mph and reckless driving. CA Veh § 15210(p).
COLORADO

SUMMARY OF SPEED LAWS, 12TH EDITION

25

JURISDICTION COLORADO

Reference: Colorado Revised Statutes 

Basis for a Speed Law Violation: 

Basic Speed Rule: No person shall drive a vehicle at a speed greater than is reasonable 

and prudent under the conditions then existing. CO ST §42-4-1101(1).

Statutory Speed Limit: 65 mph on the interstate system;

55 mph on an open highway not on the interstate system;

30 mph in a residence district;

40 mph on open mountain highways;

25 mph in a business district;

20 mph on narrow, winding mountain highways or blind curves.

CO ST § 42-4-1101(2).

Posted (Maximum) Speed Limit: I. State and local authorities, based on traffic investigations and 

surveys, may alter (increase or decrease) the above speed limits.66 

Exceeding this speed limit is prima facie evidence that such speed was 

not reasonable. However, no posted speed limit may be greater than 

75 mph. CO ST § 42-4-1101(4), (8)(d); CO ST § 42-4-1102.

II. The State, based on traffic investigations and surveys, may establish 

maximum speed limits for elevated structures, and a driver shall not 

drive a vehicle over any bridge or other elevated structure at an unsafe 

speed. CO ST § 42-4-1104(2), (4).

III. The State may establish highway maintenance, repair and 

construction zones. Such a zone must post appropriate signs that 

designate that increased penalties are in effect for speeding violations 

that are committed in such zones. CO ST § 42-4-614.

Minimum Speed Limit: I. A person shall not drive a motor vehicle at such a slow speed so as to 

impede or block the normal and reasonable forward movement of 

traffic. CO ST § 42-4-1103(1).

II. A person driving at less than the normal speed of traffic shall drive 

in the right-hand lane then available for traffic or as close as 

practicable to the right-hand curb or edge of the roadway. 

CO ST § 42-4-1001(2); CO ST § 42-4-1103(3).

Posted (Minimum) Speed Limit: The State or local authorities, based on traffic investigations and 

surveys, may post a minimum speed limit on any part of a highway.

CO ST § 42-4-1103(2).

Other: I. 45 mph for all vehicles in the business of transporting trash. 

CO ST § 42-4-1101(2)(e).

II. No driver of a vehicle shall fail to decrease the speed of such 

vehicle from an otherwise lawful speed to a reasonable and prudent 

speed when a special hazard exists with respect to pedestrians or other 

 

66 Colorado law does not specifically state whether different highway speed limits may be established either for different types of vehicles, 

for various weather conditions or for different times of the day. However, the law provides that signs may be erected directing traffic to 

use certain lanes. CO ST § 42-4-1007(1)(c) This provision can be used to limit the speed of certain vehicles (e.g., trucks) on specific 

highway lanes.
COLORADO

SUMMARY OF SPEED LAWS, 12TH EDITION

26

traffic or by reason of weather or highway conditions. 

CO ST § 42-4-1101(3).

Low Speed Vehicles:

Permitted on Public Roads 

(Yes/No):

Yes. On public roads with a speed limit of 35 mph or less. 

CO ST § 42-4-109.5

Maximum Speed Permitted: N/A

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Class A traffic infraction

CO ST § 42-4-603(5); CO ST § 42-4-1001(4); 

CO ST § 42-4-1101(12); CO ST § 42-4-1103(5); 

CO ST § 42-4-1104(4); CO ST § 42-4-1701(1).

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: $15-$100 CO ST § 42-4-1701(3)(a)(I).

Mandatory Minimum Term / Fine: Per Penalty Schedule67

CO ST § 42-4-1701(4)(a)(I)(L).

Other Penalties:

Traffic School: A person may be required to attend a course of instruction on traffic 

laws, hazardous driving situations and accident prevention at his own 

expense. CO ST § 42-4-1717.

 Other: Double Fines: The penalties and surcharges imposed for speeding 

offenses are doubled if the offense occurred in a maintenance, repair 

or construction zone, or a “school zone.” CO ST § 42-4-614; CO ST § 

42-4-615; CO ST § 42-4-1701(4)(c), (d).

Licensing Action:

Type (Suspension / Revocation): Suspension through a point system.

68 CO ST § 42-2-127(1).

 

67 The following fines and surcharges (respectively) are levied for speeding violations: 1-4 mph over speed limit = $30 and ($6); 5-9 mph 

over speed limit = $70 and ($10); 10-19 mph over speed limit = $135 and ($16); 20-24 mph over speed limit = $200 and ($32); failure to 

decrease speed when hazardous conditions exist = $100 and ($10); violation of minimum speed law = $50 and ($6); violating posted 

maximum speed limits on elevated structures = $30 and ($6). CO ST § 42-4-1701(4)(a)(I)(L). 68 Point System: I. Point Accumulation – A driver's license is subject to suspension if the driver accumulates 12 points within 12 

consecutive months or 18 points within 24 consecutive months. For provisional drivers, suspension would occur if accumulating 9 points 

within 12 consecutive months, 12 points within any 24 consecutive months or 14 points from the time the provisional license was issued. 

In the case of minor drivers, suspension would occur if accumulating 5 points within 12 consecutive months or 6 points from the time the 

license was issued. For chauffeurs, suspension would occur if they accumulate (while in the course of employment) either 16 points in 1 

year, 24 points in 2 years or 28 points in 4 years. CO ST § 42-2-127(1)(a). II. Point Schedule – The following points are assigned for 

speeding violations: 5-9 mph over speed limit = 1 point; 10-19 mph over speed limit = 4 points; 20-39 mph over speed limit = 6 points; 

40 mph or more over speed limit = 12 points; failure to reduce speed when a special hazard exists = 3 points. No points are assessed 

for 1-4 mph over speed limit. If a person pays the fine and surcharge on or before the date payment is due, points shall be reduced as 

follows: 3 or more points shall be reduced by 2 points; 2 points shall be reduced by 1 point. CO ST § 42-2-127(5)(f), (5.5). Note: No 

points can be assessed against a person's driving record if the original citation was issued through an “automated vehicle identification 

system.” CO ST § 42-2-127(5.8); CO ST § 42-4-110.5(3).
COLORADO

SUMMARY OF SPEED LAWS, 12TH EDITION

27

Term of License Suspension / 

Revocation:

Not more than 1 year. CO ST § 42-2-132(1).

Mandatory Term: None. A probationary license with restrictions may be issued.

CO ST § 42-2-127(12).

Miscellaneous Sanctions Not 

Included Elsewhere:

Driving 25 mph or more in excess of either the reasonable and prudent 

speed or the 75 mph maximum limit is a Class 2 misdemeanor traffic 

offense. CO ST § 42-4-1101(12)(b). The sanctions for this offense are 

a jail term of 10 to 90 days and/or a fine of $150 to $300, plus the 

offender must pay restitution and may be required to perform some 

community service. CO ST §42-4-1701(3)(a)(II).If such driving 

behavior occurs within a marked construction or repair zone, then it is 

a Class 1 misdemeanor traffic offense. CO ST § 42-4-1101(12)(b). 

The sanctions are a jail term of 10 day to 1 year and/or a fine of $300 

to $1,000. CO ST § 42-4-1701(3)(a)(II).

Other Criminal Actions Related to 

Speeding:

Speed Contest:

69 Class 1 misdemeanor traffic offense. CO ST § 42-4-1105(1).

Sanctions:

Imprisonment Term/Fine:70 Speed Contest: Not less than 10 days or more than 1 year and/or not 

less than $300 or more than $1,000.

 Mandatory Minimum Term/Fine: The base terms above are mandatory minimums.

Licensing Action:

Type (Suspension / Revocation): Suspension via a point system. CO ST §42-2-127. For this offense, a 

driver is assessed 12 points which results in suspension under the point 

system. CO ST § 42-2-127(5).

Term of License Suspension / 

Revocation:

Not more than 1 year. CO ST § 42-2-132(1).

 Mandatory Term: None. A probationary license with restrictions may be issued. 

CO ST § 42-2-127(12).

 Other: A person may be required to attend a course of instruction on traffic 

laws, hazardous driving situations and accident prevention. 

CO ST § 42-4-1717.

Speed Exhibition:

71 Class 2 misdemeanor traffic offense. CO ST § 42-4-1105(2).

 

69 It is unlawful to engage in a “speed contest” on a highway. A “speed contest” means the operation of one or more vehicles to conduct a 

race or a time trial, including but not limited to rapid acceleration, exceeding reasonable and prudent speeds for highways and existing 

traffic conditions, vying for position, or performing one or more lane changes in attempt to gain advantage over one or more of the other 

race participants.

70 A person found to be aiding and abetting a speed contest or speed exhibition may be found guilty of the actual crimes or speed contest or 

speed exhibition, and may be sentenced accordingly. Aiding and abetting includes obstructing or placing a barricade or obstruction, or 

assisting or participating in placing any such barricade or obstruction, on a highway. CO ST § 42-4-1105(3)(a); CO ST § 42-4-1703. 71 “Speed exhibition” means the operation of a motor vehicle to present a display of speed or power. This includes, but is not limited to, 

squealing the tires of a motor vehicle while it is stationary or in motion, rapid acceleration, rapid swerving or weaving in and out of traffic, 

producing smoke from tire slippage, or leaving visible tire acceleration marks on the surface of the highway or ground.
COLORADO

SUMMARY OF SPEED LAWS, 12TH EDITION

28

Sanctions:

Imprisonment Term / Fine:72 Speed Exhibition: Not less than 10 days or more than 90 days and/or 

not less than $150 or more than $300. CO ST § 42-4-1701(3)(a)(II)(A).

 Mandatory Minimum Term / Fine: The base terms are mandatory minimums.

Licensing Action:

Type (Suspension / Revocation): Suspension though the point system. CO ST § 42-4-127. For this 

offense, a driver is assessed 5 points.

 Term of License Suspension / 

Revocation:

Not more than 1 year. CO ST § 42-2-132(1).

 Mandatory Term: None. A probationary license with restrictions may be issued. 

CO ST § 42-2-127(12).

 Other: I. A person may be required to attend a course of instruction on traffic 

laws, hazardous driving situations and accident prevention. 

CO ST § 42-4-1717.

II. Upon second conviction of either speed contest or speed exhibition, 

the court may order law enforcement involved in the case to place an 

“immobilization device”73 on the vehicle(s) so operated for a period of 

up to 14 days.

III. Upon third or subsequent conviction of either speed contest or 

speed exhibition, the court may order law enforcement involved in the 

case to place an immobilization device on the vehicle(s) so operated 

for a period of not less than 14 days or more than 30 days.

CO ST § 42-4-1105(5)(a).

Reckless Driving:

74 Class 2 misdemeanor traffic offense. CO ST § 42-4-1401.

Sanctions:

 Imprisonment Term / Fine: First offense – Not less than 10 days or more than 90 days and/or not 

less than $150 or more than $300. CO ST § 42-4-1701(3)(a)(II)(A).

Second or subsequent offense – Not less than 10 days or more than 6 

months and/or not less than $50 or more than $1,000. 

CO ST § 42-4-1401(2).

Mandatory Minimum Term / Fine: The base terms above are mandatory minimums.

Licensing Action:

 Type (Suspension / Revocation): Suspension through a point system. CO ST § 42-2-127. For this 

 

72 A person found to be aiding and abetting a speed contest or speed exhibition may be found guilty of the actual crimes or speed contest or 

speed exhibition, and may be sentenced accordingly. Aiding and abetting includes obstructing or placing a barricade or obstruction, or 

assisting or participating in placing any such barricade or obstruction, on a highway. CO ST § 42-4-1105(3)(a); CO ST § 42-4-1703. 73 “Immobilization device” is a device locked into place over a wheel of a motor vehicle that prevents the vehicle from being moved. It is 

commonly referred to as a “traffic boot” or “boot.” The owner of the vehicle on which the device has been placed shall be assessed a daily 

fee of $35 for each day the vehicle is ordered, and $35 each day afterwards, for up to 14 days. Illegal removal of the device by the owner 

of the vehicle is a Class 2 misdemeanor traffic offense. CO ST § 42-4-1105(5)(d),(7),(8). 74 A person found operating a motor vehicle in either a wanton or a willful manner so as to disregard the safety of persons or property may 

be found guilty of reckless driving. CO ST § 42-4-1401(1).
COLORADO

SUMMARY OF SPEED LAWS, 12TH EDITION

29

offense, a driver is assessed 8 points. CO ST § 42-2-127 (5).

Revocation for 3 reckless driving offense convictions within 2 years. 

CO ST § 42-2-125(1)(f).

Term of License Suspension / 

Revocation:

Suspension for not more than 1 year. CO ST § 42-2-132(1).

Revocation for not less than 1 year. CO ST § 42-2-132(2).

 Mandatory Term: Suspension is not mandatory. A probationary license with restrictions 

may be issued. CO ST § 42-2-127(12).

Revocation is for a mandatory period of not less than 1 year.

75

CO ST § 42-2-132(2).

 Other: I. A person may be required to attend a course of instruction on traffic 

laws, hazardous driving situations and accident prevention. 

CO ST § 42-4-1717.

Careless Driving:

76

Careless Driving with bodily 

injury or death to another person:

Class 2 misdemeanor traffic offense

Class 1 misdemeanor traffic offense

CO ST § 42-4-1402.

Sanctions:

 Imprisonment Term/Fine: I. Non-injury/death-related offense – Not less than 10 days or more 

than 90 days and/or not less than $150 or more than $300. 

II. Injury/Death-related offense – Not less than 10 days or more than 1 

year and/or not less than $100 or more than $1,000.

CO ST § 42-4-1701(3)(a)(II)(A).

 Mandatory Minimum Term/Fine: The base terms are mandatory minimums.

Licensing Action:

Type (Suspension/Revocation): Suspension via a point system. For this offense, a driver is assessed 4 

points. CO ST § 42-2-127(5).

Term of License Suspension / 

Revocation:

Not more than 1 year. CO ST § 42-2-132(1).

Mandatory Term: None. A probationary license with restrictions may be issued. 

CO ST § 42-2-127(12).

 Other: A person may be required to attend a course of instruction on traffic 

laws, hazardous driving situations and accident prevention. 

CO ST § 42-4-1717.

Vehicular Assault: Class 5 Felony CO ST § 18-3-205(1)(a).

Sanctions:

Imprisonment Term/Fine: Imprisonment from 1-3 years (with 2 years mandatory parole) and a 

fine of $1,000 to $100,000.

Mandatory Minimum Term/Fine: The base terms appear to be mandatory minimums.

 

75 Only after the expiration of 1 year, may a person be entitled to apply for a new license. The law does not provide automatic approval of 

a new license upon application, however. CO ST § 42-2-132. 76 A person found operating a motor vehicle in a careless and imprudent manner without due regard for the width, grade, curves, corners, 

traffic and use of the streets and all other attendant circumstances may be found guilty of careless driving. CO ST § 42-4-1402(1).
COLORADO

SUMMARY OF SPEED LAWS, 12TH EDITION

30

Licensing Actions:

Type (Suspension/Revocation): Revocation. CO ST § 42-2-125(1)(c).

Term of License Suspension / 

Revocation:

Not more than 1 year. CO ST § 42-2-132(1)

Mandatory Term: None. It appears a probationary license with restrictions may be 

issued. CO ST § 42-2-127(12), (14).

Other: If the injured person was pregnant and the defendant knew or should 

have known the injured person was pregnant, the minimum 

imprisonment sentence must be midpoint of the sentence but not more 

than twice the maximum. CO ST § 18-1.3-401.

Automated Speed Enforcement: Limited

I. The State may use automated vehicle identification systems to detect 

speeding only within ongoing highway maintenance, repair or 

construction zones.

II. A local government may use automated vehicle identification 

systems to detect violations of traffic regulations only if posted notice 

is provided to drivers. CO ST § 42-4-110.5.

Limitation of Use of Speed 

Measurement Devices:

No statutory provisions. However, by implication, radar devices are 

permitted. CO ST § 42-4-1415 (prohibiting the use of radar jamming 

devices); City of Aurora v. McIntyre, 719 P.2d 727 (Colo., 1986) 

(discussing the reliability of radar devices dependent upon proper 

calibration of the tuning forks).

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person's CDL privilege is suspended, if while driving a CMV, that 

person commits 2 “serious traffic violations”77 within a 3-year period 

or 3 such violations within a 3-year period. CO ST § 42-2-403(2); 

49 C.F.R. 383.51.

Period of Disqualification: Two serious violations (within 3 years) – 60 days;

Three serious violations (within 3 years) – 120 days. CO ST § 42-2-

403(2); 49 C.F.R. 383.51.

 

77 For purposes of Colorado law, a “serious traffic violation” includes exceeding the speed limit by 15 mph or more and reckless driving. 

However, arguably, careless driving could be included in this definition, since improper or erratic lane changes and following the vehicle 

ahead too closely are listed within the Federal definition of “serious traffic violation.” CO ST § 42-2-403(2); 49 CFR 383.5.
CONNECTICUT

SUMMARY OF SPEED LAWS, 12TH EDITION

31

JURISDICTION CONNECTICUT

Reference: Connecticut General Statutes Annotated 

Regulations of Connecticut State Agencies (CT ADC)

Basis for a Speed Law Violation: 

Basic Speed Rule: Traveling Unreasonably Fast. No person shall drive a motor vehicle 

at a rate of speed greater than is reasonable, having regard to the width, 

traffic and use of highway, road or parking area, the intersection of 

streets and weather conditions. CT ST §14-218a(a).

No person shall drive a motor vehicle at such a rate of speed as to 

endanger the life of any occupant. CT ST § 14-219(a).

Statutory Speed Limit: 65 mph on multiple lane, limited access highways that are suitable for 

such a speed limit; (CT ST §14-218a(b); CT ST § 14-219(a))

55 mph upon other highways; (CT ST §14-219(a))

50 mph for a school bus on a divided limited access highway;

(CT ST §14-281a(a))

40 mph for a school bus on all other highways, or where highway 

signs indicate lower speeds, then a school bus shall not exceed that 

posted speed. (CT ST §14-281a(a))

Posted (Maximum) Speed Limit: The Office of the State Traffic Administration may determine speed 

limits78 on any highway, bridge, or parkway. 

CT ST §14-218a(a).

Minimum Speed Limit: I. No person shall operate a motor vehicle at such a slow speed as to 

impede or block the normal and reasonable movement of traffic.

II. A person driving at less than the normal speed of traffic shall drive 

in the right-hand lane available for traffic or as close as practicable to 

the right-hand curb or edge of the highway. CT ST §14-230(b).

Posted (Minimum) Speed Limit: 40 mph79 on a limited access divided highway. 

CT ST §14-220(a)

Other: A person must obtain a special permit to operate a vehicle on a 

highway with a normal speed of not more than 15 mph or less while 

transporting 3 or more persons for pleasure purposes (whether or not 

for hire). CT ST §14-221.

Low Speed Vehicles: No statutory provisions

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Infractions CT ST § 14-218a(c); CT ST §14-219(b); 

 

78 “[D]iffering limits may be established for different types of vehicles....” In addition, any speed in excess of this limit is prima facie evidence 

that such speed was not reasonable. CT ST § 14-218a(a). Note: Local governments may establish speed limits on the streets under their 

jurisdiction. However, such speed limits must be approved by the Office of the State Traffic Administration. CT ST § 14-218a(a). 79 This minimum speed does not apply: (1) to highway maintenance vehicles; (2) to certain types of commercial vehicles on grades; or (3) when 

reduced speed is necessary for safe operation or in an emergency, or in compliance with the law or the direction of an officer. CT ST § 14-

220(a), (b).
CONNECTICUT

SUMMARY OF SPEED LAWS, 12TH EDITION

32

CT ST §14-220(c); CT ST §14-221; CT ST §14-230(d); 

CT ST §14-281a(c).

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: I. Except for speed law offenses committed under CT ST §14-219, a 

fine of not more than $50. CT ST §14-296.

II. For speed law offenses committed under CT ST § 14-219, a fine of

$35 to $90.

80 CT ST §51-164m(c).

III. $35 to $90 or $100 to $150(if the offender was operating a 

truck),81 for speeds: (1) greater than 65 mph but 70 mph or less on 

multiple line limited access highways with a speed limit of 65 mph; (2) 

greater than 55 mph but 70 mph or less on other multiple line 

limited access highways; and (3) greater than 55 mph but 60 mph or 

lesson any other highway. CT ST §14-219(b); CT ST § 51-164m(c), 

(d).

IV. $100 to $150 or $150 to $200(if the offender was operating a 

truck), for speeds: (1) greater than 70 mph but 85 mph or lesson 

multiple line limited access highways; and (2) greater than 60 mph 

but 85 mph or less on any other highway. CT ST §14-219(b), (c); 

CT ST § 51-164m(d).

Mandatory Minimum Term / Fine: The base fines seem to be mandatory minimums.

Other Penalties:

Traffic School: Driver Retraining Program. A driver may be required to complete a 

driver retraining program if he/she: (1) is 24 years or younger and 

commits 2 or more moving violations; or (2) is over the age of 24 and 

commits 3 or more moving violations. CT ST §14-111g.

 Other: Double Fines. If the speeding offenses occurred in a designated 

construction zone, the fine sanction is double the usual amount. 

CT ST § 14-212a(a).

Licensing Action:

Type (Suspension / Revocation): I. Suspension or Revocation: For offenses committed under 

CT ST § 14-219. CT ST §14-111b.

II. Suspension under either the point system or for Unsafe Vehicle 

Operation for other speeding violations.82 CT ST §14-111; 

 

80 For offenses committed under CT ST § 14-219, the fine sanctions to be imposed are established by the superior court through a fine 

schedule. This schedule consists of a sliding fine scale which must be based upon the severity of the violation. CT ST § 51-164m. 81 A truck is defined as “every motor vehicle designed, used or maintained primarily for the transportation of property.” 

CT ST § 14-260n(4). 82 Point System. I. If a person accumulates 10 points within a 24-month period, his/her license is suspended for 30 days. After such 

suspension if a person again commits an offense (within 5 years from the beginning of the 30-day suspension period) that raises the point 

accumulation above 10, his/her license is suspended until the point total is 10 or less. Points remain on the driver's record for 24 months 

from the date of assessment. II. The following points are assessed for speeding violations: (1) Unreasonable speed (CT ST § 14-218a) = 1

point; (2) Speeding (CT ST § 14-219) = 1point; (3) Failure to drive in right-hand lane = 1 point; (4) Driving slowly/impeding traffic = 2 

points; (5) Racing = 4 points; Operating school bus at an excessive speed = 5 points. CT ADC § 14-137a-5; CT ADC § 14-137a-6; CT 

ADC § 14-137a-8. History of Unsafe Operation. If a person has had 4 unsafe moving traffic convictions within 2 years, his/her license is 
CONNECTICUT

SUMMARY OF SPEED LAWS, 12TH EDITION

33

CT ADC § 14-137- 82; CT ADC § 14-137a-5; CT ADC § 14-137a-8.

Term of License Suspension / 

Revocation:

I. For offenses committed under CT ST §14-219: 

First, second or third offenses (within 3 years of the first conviction) –

Not more than 30 days (but only if the court recommends suspension 

or revocation);

Fourth offense (within 2 years) – Not more than 30 days;

Fifth offense (within 2 years) – Not more than 60 days;

Subsequent offense (within 2 years) – Not more than 6 months. 

CT ST § 14-1(78); CT ST §14-111b(b), (c).

II. For Other Speeding Violations: 30 days if the requisite number of 

points has been accumulated.

Mandatory Term: None

Other Criminal Actions Related to 

Speeding:

Racing on Highway:

83 Misdemeanor. CT ST § 14-224(c), (g); CT ST §53a-26(a).

Sanctions:

Imprisonment Term / Fine: First offense– Not more than 1 year and/or a fine of not less than $75 

nor more than $600;

Subsequent offense (within 10 years of first conviction) – Not more 

than 1 year and/or a fine of not less than $100 nor more than $1,000.

CT ST §14-1(78); CT ST §14-224(g).

 Mandatory Minimum Term / Fine: The base fines are mandatory minimums.

Licensing Action:

Type (Suspension / Revocation): Suspension under the point system or for Unsafe Vehicle Operation. 

CT ST §14-111; CT ADC § 14-137-82; 

CT ADC § 14-137a-5; CT ADC § 14-137a-8.

Term of License Suspension / 

Revocation:

30 days if the requisite number of points has been accumulated.

 Mandatory Term: The 30-day term appears to be mandatory.

Reckless Driving:

84 First offense – Infraction; 

Second or subsequent offense – Misdemeanor. CT ST §14-222; 

CT ST § 53a-26(a).

Sanctions:

 Imprisonment Term / Fine: First offense – Not more than 30 days and/or not less than $100 or 

more than $300; 

Second or subsequent offense – Not more than 1 year and/or not more 

 

subject to a 30-day suspension. Such convictions include most speeding offenses and other rules of the road violations. CT ST § 14-111(a); 

CT ADC § 14-137-82. 83 Under CT ST §14-224(c), “[n]o person shall operate a motor vehicle upon any public highway for a wager or for any race or for the 

purpose of making a speed contest.”

84 Reckless driving is defined as operating a motor vehicle: (1) recklessly, having regard to the width, traffic and use of such highway, road, 

school property or parking area, the intersection of streets and the weather conditions; (2) at a rate of speed as to endanger the life of any 

person (other the vehicle operator); or (3) at a rate of speed greater than 85 mph. CT ST § 14-222(a).
CONNECTICUT

SUMMARY OF SPEED LAWS, 12TH EDITION

34

than $600. CT ST §14-222(b)

Mandatory Minimum Term / Fine: The $100 fine for a first offense is a mandatory minimum.

Licensing Action:

 Type (Suspension / Revocation): Suspension CT ST §14-111(b).

Term of License Suspension / 

Revocation:

First offense – Not less than 30 days or more than 90 days;

Subsequent offense – Not less than 90 days. CT ST §14-111(b).

 Mandatory Term: The base terms for first and subsequent offense are mandatory.

Automated Speed Enforcement: No statutory provision85

Limitation of Use of Speed 

Measurements Devices:

No limitations. Police officers may use radar, laser, Vascar devices or 

any other devices in which the officers have training and which are in 

proper working condition. However, no hand-held radar or speed 

monitoring devices that emit non-ionizing radiation may be used. 

CT ST § 14-219c; CT ST § 7-294z.

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a 

vehicle that person commits 2 “serious traffic violations”86 within a 3-

year period or 3 such violations within a 3-year period. 

CT ST §14-44k(f).

Period of Disqualification: Two serious violations (within 3 years) – Not less than 60 days;

Three serious violations (within 3 years) – Not less than 120 days. 

CT ST § 14-44k(f).

 

85 CT ST § 14-309 provides that no traffic safety measure or traffic control device, sign or marking shall be installed or maintained on any 

State highway unless the State Traffic Commission gives consent and written approval. 86 A “serious traffic violation” includes exceeding the speed limit by 15 or more mph and reckless driving. CT ST § 14-1(80).
DELAWARE

SUMMARY OF SPEED LAWS, 12TH EDITION

35

JURISDICTION DELAWARE

Reference: Delaware Code Annotated 

Code of Delaware Regulations (DE ADC)

Basis for a Speed Law Violation: 

Basic Speed Rule: I. No person shall drive a vehicle at a speed greater than is reasonable 

and prudent under the conditions and without having regard to the 

actual and potential hazards then existing. Speed shall be so controlled 

as to avoid a collision. DE ST Title 21 §4168(a).

II. The driver of every vehicle shall drive at an appropriate speed when 

approaching and crossing an intersection or railway grade crossing, 

when approaching and going around a curve, when approaching a hill 

crest, when traveling upon any narrow or winding roadway and when a 

special hazard exists with respect to pedestrians or other traffic or by 

reason of weather or highway conditions. DE ST Title 21 § 4168(b).

Statutory Speed Limit: 65 mph on “all portions of Delaware State Route 1 located between 

the Red Lion Creek and the Appoquinimink River;”87

55 mph on four-lane roadways and divided roadways;

50 mph on two-lane roadways;

25 mph in any business or residential district;

20 mph at school crossings where signs are in effect during specific 

time periods. DE ST Title 21 §4169(a), (d).

Posted (Maximum) Speed Limit: I. Based on engineering studies and traffic investigations, the State 

Department of Transportation may increase or decrease the above 

speed limits on any particular portion of a highway.88

DE ST Title 21 §4169(b).

II. Based on engineering studies and traffic investigations, local 

authorities, within their respective jurisdictions, may increase or 

decrease the above speed limits on any particular portion of a highway. 

However, the alteration of speed limits on State maintained highways 

requires the approval of the Department of Safety and Homeland 

Security. DE ST Title 21 §4170.

Minimum Speed Limit: I. A person shall not operate a motor vehicle at such a slow speed as to 

impede the normal and reasonable movement of traffic. 

DE ST Title 21 §4171(a).

II. A person driving at less than the normal speed of traffic shall drive 

in the right-hand lane then available for traffic or as close as 

practicable to the right-hand curb or edge of the roadway. 

DE ST Title 21 §4114(b).

Posted (Minimum) Speed Limit: A minimum safe speed limit on a highway (or a part thereof) may be 

established. DE ST Title 21 §4171(b).

Other: No person shall exceed the maximum posted speed limit which has 

 

87 Any speed in excess of this limit is “absolute evidence” that the speed is “not reasonable or prudent and that it is unlawful.” 

DE ST Title 21 § 4169(d).

88 This includes the establishment of different highway speed limits for different types of vehicles, different times of the day, various 

weather conditions, or for other factors bearing on safe speeds. DE ST Title 21 § 4169(b).
DELAWARE

SUMMARY OF SPEED LAWS, 12TH EDITION

36

been established for any bridge or elevated structure. 

DE ST Title 21 §4173(a).

Low Speed Vehicles:

Permitted on Public Roads

(Yes/No):

Yes. On public roads where the maximum speed limit is 35 mph.

DE ST Title 21 § 2113A.

Maximum Speed Permitted: 25 mph DE ST Title 21 § 2113A.

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Misdemeanor DE ST Title 21 § 4102.

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: I. Sanctions for Violating Speed Rules:

First offense –Not less than $25 or more than $75;

Subsequent offense (within 12 months) – Not less than $57.50 or more 

than $95. DE ST Title 21 § 4205(a).

II. Sanctions for Violating Maximum or Posted Maximum Speed 

Limits: (DE ST Title 21 §4169 Violations): 

First offense - $20;

Subsequent offense (within 24 months) - $25.

DE ST Title 21 § 4169(c)(1).

Mandatory Minimum Term / Fine: The base terms listed above are mandatory minimums.

Other Penalties:

Traffic School: There are no provisions for requiring traffic school for basic speed 

violations.

 Other: Additional Fines: The following additional fines apply for exceeding 

the maximum or maximum posted speed limit under 

DE ST Title 21 §4169. 

I. Exceeding the speed limit by more than 5 mph but less than 

16 mph:

First offense - $1 per mile over the speed limit;

Subsequent offense - $2 per mile over the speed limit.

II. Exceeding the speed limit by more than 15 mph but less than 20 

mph:

First offense - $2 per mile over the speed limit;

Subsequent offense - $3 per mile over the speed limit. 

III. Exceeding the speed limit by more than 19 mph:

First offense - $3 per mile over the speed limit;

Subsequent offense - $4 per mile over the speed limit.

DE ST Title 21 § 4169(c).
DELAWARE

SUMMARY OF SPEED LAWS, 12TH EDITION

37

Licensing Action:

Type (Suspension / Revocation): Suspension.

89 DE ST Title 21 §302; DE ST Title 21 § 2733.90

Term of License Suspension / 

Revocation:

Not more than 1 year. DE ST Title 21 § 2733(e).

Mandatory Term: The suspensions under the point system or for excessive speeding 

appear to be mandatory.

Other Criminal Actions Related to 

Speeding:

Racing on Highway:

91 Misdemeanor DE ST Title 21 § 4102; DE ST Title 21 § 4172.

Sanctions:

Imprisonment Term / Fine: First offense – Not less than 10 days or more than 30 days and/or a 

fine of not less than $25 or more than $200;

Subsequent offense – Not less than 15 or more than 60 days and/or a 

fine of not less than $50 or more than $400. DE ST Title 21 §4172(d).

 Mandatory Minimum Term / Fine: The base terms above are mandatory minimums.

Licensing Action:

Type (Suspension / Revocation): Suspension. DE ST Title 21 §4172(d)

 Term of License Suspension / 

Revocation:

First offense – Not more than 6 months;

Subsequent offense – 1 year. DE ST Title 21 §4172(d).

 Mandatory Term: First offense — 1 month.

92 2 DE ADC 2208-4.0; 

Subsequent offense – 1 year. DE ST Title 21 §4172(d); 

2 DE ADC 2208-4.0.

Other: 2 points assessed against driver’s license. 2 DE ADC 2208-4.0.

 

89 Point System: I. The following points are assigned for speeding and speed-related violations: 1-9 mph over the speed limit = 2 points; 

10-14 mph over the limit = 4 points; 15-19 mph over the limit = 5 points; 20 mph or greater over the speed limit = 5 points (additional 

actions may be taken, including suspension); reckless driving = 6 points; aggressive driving = 6 points (additional actions may be 

taken, including suspension); other moving violations = 2 points. II. A violation of 1-14 mph over the speed limit will not be assessed 

points on the first violation within any 3 year period if the ticket is paid through the Voluntary Assessment Center. A licensee who 

satisfactorily completes a defensive driving course shall have a 3-point credit. III. The following point accumulations shall result in the 

following suspension periods: 12 points = 2 months (however this 2-month suspension will be imposed only if the driver fails to complete 

a “behavior modification/attitudinal driving course” within 90 days after notification); 14 points = 4 months; 16 points = 6 months; 18 

points = 8 months; 20 points = 10 months; 22 points = 12 months. In order to become eligible for reinstatement, the driver must have 

completed a “behavior modification/attitudinal driving course” within the previous 2 years as of the time of reinstatement. IV. Additional 

suspensions: (1) a conviction of 25 mph over the speed limit = 1 month suspension. The suspension period shall increase by 1 month for 

each additional 5 mile per hour over the 25 mph threshold. However, if the driver was driving 25-29 mph over the speed limit, he/she may 

elect to attend the driving course in lieu of a license suspension. (2) a conviction of driving 50 mph or more over the speed limit or driving 

100 mph or more = 1 year suspension. 2 DE ADC 2208-4.0. 90 The Department of Safety and Homeland Security may suspend a person's license based on whether such person is a habitual reckless or 

negligent driver. DE ST Title 21 § 2733(a)(4). 91 DE ST Title 21 § 4172(a) prohibits a person from racing, speed competitions, speed contests, drag racing or acceleration contests, etc. 

DE ST Title 21 §4172(b) prohibits a person from accelerating or trying to accelerate a vehicle at a rate of speed which causes the drive 

wheels to spin or slip on the road surface.

92 In the case of a wheel-spinning offense, there is no licensing sanction for a first offense. However, the mandatory year suspension 

applies for subsequent wheel-spinning offenses. 2 DE ADC 2208-4.0.
DELAWARE

SUMMARY OF SPEED LAWS, 12TH EDITION

38

Malicious Mischief:

93 Misdemeanor DE ST Title 21 § 4102; DE ST Title 21 § 4172A.

Sanctions:

Imprisonment Term / Fine: I. Vehicle Operator:

First offense – Not less than 10 days or more than 30 days and/or not 

less than $25 or more than $200;

Subsequent offense – Not less than 15 days or more than 60 days 

and/or not less than $50 or more than $400. 

II. Vehicle Owner (who permits such act):

First offense – Not less than 10 days or more than 30 days and/or not 

less than $28.75 or more than $230;

Subsequent offense – Not less than 15 days or more than 60 days 

and/or not less than $57.50 or more than $460.

DE ST Title 21 § 4172A(c), (d).

Mandatory Minimum Term / Fine: The base terms above are mandatory minimums.

Licensing Action:

Type (Suspension / Revocation): Suspension DE ST Title 21 § 4172A; 2 DE ADC 2208-4.0.

Term of License Suspension / 

Revocation:

First offense – Not more than 6 months;

Subsequent offense – 1 year.

DE ST Title 21 § 4172A. 

Mandatory Term: First offense – 1 month;

Subsequent offense – 1 year.

DE ST Title 21 § 4172A; 2 DE ADC 2208-4.0.

Other: 2 points assessed against driver’s license. 2 DE ADC 2208-4.0.

Reckless Driving:

94 Misdemeanor. DE ST Title 21§ 4102; DE ST Title 21§ 4175(a).

Sanctions:

 Imprisonment Term / Fine: First offense – Not less than 10 days or more than 30 days and/or not 

less than $100 or more than $300;

Subsequent offense (within 3 years) – Not less than 30 days or more 

than 60 days and/or not less than $300 or more than $600. DE ST Title 

21 § 4175(b).

Mandatory Minimum Term / Fine: First offense – $100; (DE ST Title 21 § 4175(b)); 

Subsequent offense (within 3 years) – 30 days / $300.

DE ST Title 21 §4175(b).

 

93 A person who operates a motor vehicle in such a manner as to cause willful, wanton or reckless damage to or destruction of 

property owned by another person, party, company or corporation may be found guilty of malicious mischief by motor 

vehicle. DE ST Title 21 § 4172A.

94 A person who drives a motor vehicle in willful or wanton disregard for the safety of persons or property may be found guilty of reckless 

driving. DE ST Title 21 § 4175.
DELAWARE

SUMMARY OF SPEED LAWS, 12TH EDITION

39

Licensing Action:

 Type (Suspension / Revocation): Suspension through the point system.

Term of License Suspension / 

Revocation:

Not more than 1 year.

 Mandatory Term: If the license is suspended, the term is mandatory. 

Other: 6 points assessed against driver’s license. 2 DE ADC 2208-4.0.

Aggressive Driving:

95 Misdemeanor DE ST Title 21§ 4102; DE ST Title 21§ 4175A.

Sanctions:

 Imprisonment Term / Fine: First offense – Not less than 10 or more than 30 days and/or not less 

than $100 or more than $300;

Subsequent offense (within 3 years) – Not less than 30 days or more 

than 60 days and/or not less than $300 or more than $1,000. DE ST 

Title 21 §4175A(c).

Mandatory Minimum Term / Fine: The base terms are mandatory minimums.

Licensing Action:

 Type (Suspension / Revocation): Suspension by statute, and by the point system. 

DE ST Title 21 § 4175A(c). 

Term of License Suspension / 

Revocation:

Not more than 1 year. DE ST Title 21§ 2733(e); 

DE ST Title 21§ 4175A(c).

 Mandatory Term: 30 days. DE ST Title 21 § 4175A(c).

 Other: I. An offender must complete a course of instruction on behavioral 

modification or attitudinal driving. DE ST Title 21 §4175A(d);

II. An aggressive driving law violator may also be prosecuted for and 

convicted of the underling offenses. DE ST Title 21 §4175A(e);

III. 6 points assessed against driver’s license. 2 DE ADC 2208-4.0.

Careless96 or Inattentive 

Driving:

97

Misdemeanor DE ST Title 21§ 4102; DE ST Title 21§ 4176(a), (b).

Sanctions:

 Imprisonment Term / Fine: First offense – Not less than $25 or more than $75;

Subsequent offense (within 3 years) – Not less $50 or more than $95.

 

95 Aggressive Driving is defined as continuous conduct which violates three or more of the following rules-of-the-road: (1) failing to obey 

a traffic-control device (DE ST Title 21 § 4107); (2) failing to obey traffic-control signals (DE ST Title 21 § 4108); (3) overtaking on the 

right (DE ST Title 21 § 4117); (4) failing to drive within a marked lane for traffic (DE ST Title 21 § 4122); (5) following too closely (DE 

ST Title 21 § 4123); (6) failing to yield the right-of-way to approaching traffic when turning left (DE ST Title 21 § 4132); (7) failing to 

yield to approaching traffic when entering or crossing a roadway (DE ST Title 21 § 4133); (8) failing to signal when turning or stopping 

(DE ST Title 21 § 4155); (9) failing to stop at stop signs or yield at yield signs (DE ST Title 21 §4164); (10) overtaking and passing a 

stopped school bus with flashing lights (DE ST Title 21 § 4166(d)); (11) failing to obey the basic speed rule (DE ST Title 21 § 4168); (12) 

and, failing to a obey a posted speed limit (DE ST Title 21 § 4169). DE ST Title 21 § 4175A(b).

96 Careless Driving: Operating “a vehicle in a careless or imprudent manner, or without due regard for road, weather and traffic conditions 

then existing....” DE ST Title 21 § 4176(a).

97 Inattentive Driving: Operating a vehicle while either failing “to give full time and attention to the operation of the vehicle” or failing “to 

maintain a proper lookout while operating the vehicle.” DE ST Title 21 § 4176(b).
DELAWARE

SUMMARY OF SPEED LAWS, 12TH EDITION

40

DE ST Title 21 §4176(c).

 Mandatory Minimum Term / Fine: The base terms above are mandatory minimums.

Licensing Action:

Type (Suspension / Revocation): Suspension through the point system.

Term of License Suspension / 

Revocation:

Not more than 1 year. DE ST Title 21 § 2733(e).

Mandatory Term: N/A

 Other: 2 points assessed to driver’s license. 2 DE ADC 2208-4.0. 

Automated Speed Enforcement: No by S.P. Delaware law only permits local governments to use 

traffic light signal violation monitoring systems (red light cameras). 

Local governments may enact rules or regulations only when expressly 

authorized by law. There are no statutory provisions permitting State 

or local use of speed cameras. DE ST Title 21 § 4101.

Limitations of Use of Speed 

Measurement Devices:

No statutory provisions. However, by reference, speed measurement 

devices are permitted. DE ST Title 21 § 701(procedures involving 

arrest without a warrant for speed violations)

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person is subject to CDL disqualification if, while driving a CMV, 

that person commits 2 “serious traffic violations”98 within a 3-year 

period or 3 such violations within a 3-year period. 

DE ST Title 21§2612(e).

Period of Disqualification: Two serious violations (within 3 years) – 60 days; 

Three serious violations (within 3 years) – 120 days.

DE ST Title 21§2612(e).

 

98 A “serious traffic violation” includes exceeding the speed limit by 15 or more mph and reckless driving. DE ST Title 21 § 2603(41); 

49 CFR 383.5.
DISTRICT OF COLUMBIA

SUMMARY OF SPEED LAWS, 12TH EDITION

41

JURISDICTION DISTRICT OF COLUMBIA

Reference: D.C. Code 

Weil’s Code of D.C. Municipal Regulations (CDCR)

Basis for a Speed Law Violation: 

Basic Speed Rule: I. No person shall drive a vehicle at a speed greater than is reasonable 

and prudent under the conditions and having regard to the actual and 

potential hazards then existing; DC ST §50-2201.04(a); 

18 DCMR 2200.3.

II. Speed shall be so controlled as may be necessary to avoid colliding 

with any person, vehicle, or other conveyance on or entering the street 

or highway in compliance with the legal requirements and the duty of 

all persons to use due care. 18 DCMR 2200.4.

Statutory Speed Limit: 25 mph on all streets and highways unless otherwise designated; 

18 DCMR 2200.6.

15 mph in alleys; 18 DCMR 2200.7.

15 mph in streets adjacent to school buildings or playgrounds when 

indicated by official sign, during recess or when children are going to 

or leaving school. 18 DCMR 2200.8; 18 DCMR 2200.9.

Posted (Maximum) Speed Limit: Based upon engineering and traffic investigations, the statutory speed 

limits may be increased or decreased on any highway, depending on 

weather conditions, hours of daylight or darkness, or at such other 

times as may be determined. DC ST §50-2201.03; 18 DCMR 2200.2.

Minimum Speed Limit: I. No person shall drive a vehicle at such a slow speed as to impede or 

block the normal and reasonable movement of traffic.

18 DCMR 2200.10.

II. A person driving at less than the normal speed of traffic shall drive 

in the right-hand lane then available for traffic or as close as 

practicable to the right-hand curb or edge of the roadway.

18 DCMR 2201.2.

Posted (Minimum) Speed Limit: None

Low Speed Vehicles:

Permitted on Public Roads 

(Yes/No):

Yes. On public roads in which such vehicle would not impede or 

block the normal and reasonable movement of traffic.

Maximum Speed Permitted: 25 mph 18 DCMR 9901.

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Except as noted under Miscellaneous Sanctions, and where an offense 

constitutes reckless driving, all speed law violations are subject to a 

civil fine. DC ST §50-2201.04; 18 DCMR 2200.11.

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: Violation of Basic Speed Rule (unreasonable speed) - $100. 

Violation of the Minimum Speed Rule (Driving at Such a Slow Speed 
DISTRICT OF COLUMBIA

SUMMARY OF SPEED LAWS, 12TH EDITION

42

as to Impede or Block Traffic) - $50.

Speed Limit Violations - $75 to $250. The fine imposed depends 

upon either the extent or type of the speeding offense.99

18 DCMR2600.1. 

Mandatory Minimum Term / Fine: The fines set appear to be mandatory.

Other Penalties:

Traffic School: None

Licensing Action:

Type (Suspension / Revocation): Suspension or Revocation via the point system.

100

DC ST § 50-1403.01; 18 DCMR303.

Term of License Suspension / 

Revocation:

I. Suspension may be from 2 to 90 days depending upon the 

seriousness of the offense. 

II. Revocation– 6 months. Note: For subsequent offenses, a longer 

revocation period is possible. However, such period must be for a 

definite period of time. 

III. Revocation (made mandatory by law) – 6 months for first offense; 

1 year for second offense; 2 years for third or subsequent offenses. 

18 DCMR306.

Mandatory Term: The terms above are mandatory. 

Miscellaneous Sanctions Not 

Included Elsewhere:

Criminal Offense. Persons are subject to criminal prosecution if 

committing a traffic infraction having already accumulated 12 or more 

points on the driving records within the previous 18 months. Under 

such circumstances, they are subject to a jail term of not more than 10 

days and/or a fine of not more than $300. DC ST §50-2302.03(a).

Other Criminal Actions Related to 

Speeding:

Exceeding Speed Limit by 30 

mph:

18 DCMR2200.12.

Sanctions:

Imprisonment Term / Fine: Imprisonment for not more than 90 days or a fine of not more than 

$300. 18 DCMR2200.12.

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Suspension or Revocation DC ST §50-1403.01; 18 DCMR302.3.

 

99 The following fines may be imposed: up to 10 mph over speed limit = $75; 11-15 mph over limit = $125; 16-20 mph over limit = $150; 

21-25 mph over limit = $200; more than 25 mph over limit = $250. 18 DCMR 2600.1. 100 I. The following points are assigned to speed violations: speeding 11-15 mph over limit = 3 points; 16-20 mph over limit = 4 points; 

21 mph or more over limit = 5 points; reckless driving = 12 points. II. Accumulation of 8 points = Director may order suspension; 

accumulation of 10 points = Director shall order suspension; accumulation of 12 points = Director shall order revocation. III. Points 

assessed against a person shall be deleted 2 years after the date of assessment. 18 DCMR 301; 18 DCMR 303.
DISTRICT OF COLUMBIA

SUMMARY OF SPEED LAWS, 12TH EDITION

43

 Term of License Suspension / 

Revocation:

I. Suspension – 2 to 90 days depending upon the seriousness of the 

offense. 

II. Revocation– 6 months. Note: For subsequent offenses, a longer 

revocation period is possible. However, such period must be for a 

definite period of time. 

III. 5 points are assessed against a person's driving record. 

18 DCMR303.

 Mandatory Term: The terms above appear to be mandatory.

 Other: Assessment. Serious traffic law offenders are required to pay an 

assessment of $50 (mandatory) to $250 that is used to finance the 

Crime Victim’s Compensation Fund. DC ST §4-516(a).

Reckless Driving:

101 DC ST § 50-2201.04.

Sanctions:

 Imprisonment Term / Fine: First offense – Not more than 3 months and/or not more than $500;

Second offense (within 2 years) – Not more than 1 year and/or not 

more than $1,000;

Third or subsequent offense (within 2 years of the first offense) – Not 

more than 1 year and/or not more than $3,000. 

DC ST § 50-2201.04(c). 

Mandatory Minimum Term / Fine: None

Licensing Action:

 Type (Suspension / Revocation): Revocation DC ST § 50-1403.01; 18 DCMR301.1(d). 

Term of License Suspension / 

Revocation:

First offense– 6 months;

Second offense – 1 year;

Third or subsequent offense – 2 years; DC ST § 50-1403.01(b); 

18 DCMR306.5.

 Mandatory Term: The terms above appear to be mandatory.

Other: I. Points. A person is also assessed 12 points against the driving 

record. 18 DCMR303.2(j).

II. Limited Registration Suspension. The registrations of all vehicles 

owned by a person who has been convicted of reckless driving 

involving a personal injury must be suspended until the offender gives 

and maintains proof of financial responsibility. 

DC ST §50-1301.37(a); DC ST § 50-1301.38.

III. Assessment. Serious traffic law offenders are required to pay an 

assessment of $50 (mandatory) to $250 which is used to finance the 

Crime Victim’s Compensation Fund. DC ST §4-516(a).

 

101 Any person who drives any vehicle upon a highway carelessly and heedlessly in willful or wanton disregard of the rights or safety of 

others, or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or 

property, shall be guilty of reckless driving. DC ST § 50-2201.04.
DISTRICT OF COLUMBIA

SUMMARY OF SPEED LAWS, 12TH EDITION

44

Inattentive Driving:

102 18 DCMR2213.4.

Sanctions:

 Imprisonment Term / Fine: A fine of $25. 18 DCMR2600.1.

Mandatory Minimum Term / Fine: The fine listed above appears to be mandatory.

Licensing Action:

 Type (Suspension / Revocation): Suspension if enough points are accumulated. 2 points are assessed 

against a driver’s record. 18 DCMR303.1.

Automated Speed Enforcement: Yes by S.P. Automated traffic enforcement systems may be used to 

detect moving infractions. DC ST § 50-2209.01.

Limitations of Use of Speed 

Measurement Devices:

No statutory provisions. By implication, the use of speed 

measurement devices is permitted. See Watson v. U.S., 43 A.3d 276 

(D.C. 2012) (discussing the officer’s use of a laser radar detection 

gun); 18 DCMR 736 (prohibiting the use of radar detectors and 

jammers).

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a 

vehicle that person commits 2 or more “serious traffic violations”103

within a 3-year period. DC ST § 50-406(a)(4); 

18 DCMR1306.1(m); 18 DCMR1306.2.

Period of Disqualification:

104 Two serious violations (within 3 years) – 60 days;

Three serious violations (within 3 years) – 120 days. 

18 DCMR1306.9.

 

102 Full Time and Attention: A person commits a moving traffic violation if that person does not “give full time and attention to the 

operating of the vehicle.” 18 DCMR 2213.4. 

103 The term “serious traffic violation” includes exceeding the speed limit by 15 or more mph and reckless driving. 18 DCMR 1306.2. 104 Under DC ST § 50-406(b), these disqualification (suspension) periods could be increased to 1 year for a first violation and up to life for 

subsequent ones.
FLORIDA

SUMMARY OF SPEED LAWS, 12TH EDITION

45

JURISDICTION FLORIDA

Reference: Florida Statutes Annotated

Basis for a Speed Law Violation: 

Basic Speed Rule: I. No person shall drive a vehicle at a speed greater than is reasonable 

and prudent under the conditions and having regard to the actual and 

potential hazards then existing.

II. Speed shall be controlled as may be necessary to avoid colliding 

with any person, vehicle or other conveyance or object entering the 

highway in compliance with legal requirements and the duty of all 

persons to use due care. 

III. The driver of every vehicle shall drive at an appropriately reduced 

speed when: (1) approaching and crossing an intersection or railway 

grade crossing; (2) approaching and going around a curve; (3) 

approaching a hill crest; (4) traveling upon any narrow or winding 

roadway; and (5) any special hazard exists with respect to pedestrians 

or other traffic or by reason of weather or highway conditions. 

FL ST § 316.183(1), (4).

Statutory Speed Limit: 70 mph on limited access highways; (FL ST §316.187(2)(a));

55 mph in all locations except as noted; (FL ST §316.183(2));

65 mph on a highway outside an urban area of 5,000 or more persons 

and which has four lanes divided by a median strip 

(FL ST § 316.187(2)(b));

30 mph in business and residence districts. (FL ST §316.183(2); 

FL ST § 316.189(2)(a))

Posted (Maximum) Speed Limit: I. After engineering and traffic investigations, the State or local 

governments (within their jurisdictions) may increase or decrease the 

statutory speed limit on a highway. However, the State cannot 

establish a speed limit greater than 70 mph and local jurisdictions 

cannot establish a maximum speed limit greater than 60 mph. 

FL ST § 316.187(1), (2)(c); FL ST § 316.189(1), (2)(b).

II. Under separate statutory authority, the State Department of 

Transportation or a local government may reduce the speed limits 

otherwise proscribed by law on any highway (or part thereof) or 

bridge. Such action must be based on the need to avoid damage to such 

highway or bridge due to either its design or to weather-related 

conditions. FL ST § 316.555. 

Minimum Speed Limit: I. No person shall drive a motor vehicle at such a slow speed as to 

impede or block the normal and reasonable movement of traffic. 

FL ST §316.183(5).

II. The minimum speed limit on Interstate and Defense Highways with 

at least 4 lanes is 40 mph. However, when the post speed limit is 70 

mph, the minimum speed limit is 50 mph. FL ST §316.183(2).

III. A person driving at less than the normal speed of traffic shall drive 

in the right-hand lane then available for traffic or as close as 

practicable to the right-hand curb or edge of the roadway. 

FL ST §316.081(2).
FLORIDA

SUMMARY OF SPEED LAWS, 12TH EDITION

46

Posted (Minimum) Speed Limit: After engineering and traffic investigations, the State or local 

governments (within their jurisdictions) may establish a minimum 

speed limit for a highway. FL ST §316.187(2)(c); 

FL ST § 316.189(3). Note: “Specified traffic” may be directed to use 

designated lanes. FL ST §316.089(3).

Other: I. No school bus shall exceed the posted speed limit, or 55 mph. 

FL ST §316.183(3).

105

II. No person shall exceed the posted speed limit in a work zone. 

FL ST §316.183(6).

III. No person shall exceed the posted speed limit in a school zone. 

FL ST §316.1895(10).

Low Speed Vehicles:

Permitted on Public Roads

(Yes/No):

Yes. On public roads with a maximum speed limit of 35 mph.

FL ST § 316.2122.

Maximum Speed Permitted: 25 mph FL ST § 320.01(42).

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Non-criminal traffic infraction / moving violation.

FL ST § 316.183(7); FL ST § 316.187(3), FL ST § 316.189(4), 

FL ST § 316.1895(10), FL ST § 316.655(1), FL ST § 318.13(3); 

FL ST § 318.14(1).

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: I. Exceeding the Speed Limit where the offense is not adjudicated –

Fine - $25 to $250 (depending upon the extent of the violation).106

FL ST §318.18(3)(b).

II. Other moving violations where the offense is not adjudicated –

Fine - $60. FL ST §318.18(3)(a).

III. Any speed law violation where the offender elects adjudication –

not more than $500. However, the fine limit is not more than $1,000

in situations where there was unlawful speeding in either a school or 

construction zone. FL ST §318.14(5).

Mandatory Minimum Term / Fine: The established fines appear to be mandatory minimums.

Other Penalties:

Traffic School: A person may be required to attend a driver improvement school. 

FL ST § 318.14(5), (9).

 

105 Effective January 1, 2013, the law will change so that no school bus may exceed the posted speed limits at any time. 106 Speeding fines: 1-5 mph over the speed limit = warning; 6-9 mph over the limit = $25; 10-14 mph over the limit = $100; 15-19 mph 

over the limit = $150; 20-29 mph over the limit = $175; 30 mph or more over the limit = $250; speeding by up to 5 mph in a legally 

posted school zone = $50; exceeding the speed limit in a school zone (over 5 mph) = double the standard fine; exceeding the speed limit in 

a construction zone with posted signs (of speed limit and doubling of fines) and only if construction personnel are present or operating 

equipment on the road or immediately adjacent to the road under construction = double the standard fine. FL ST § 318.18(3)(b).
FLORIDA

SUMMARY OF SPEED LAWS, 12TH EDITION

47

Licensing Action:

Type (Suspension / Revocation): Suspension through the point system or 107 Suspension/Revocation

by the courts.

108 FL ST §316.655(2); FL ST § 322.27(3).

Term of License Suspension / 

Revocation:

30 days to 1 year depending upon the number of points accumulated.

FL ST §322.27(3)(a),(b), (c).

Mandatory Term: 30 days

Miscellaneous Sanctions Not 

Included Elsewhere:

If a speeding offense caused the death of another person, the offender 

may be required to perform 120 hours of community service. 

FL ST §316.027(4); FL ST § 318.14(1).

Other Criminal Actions Related to 

Speeding:

Racing on Highway:

109

Drag Race Spectator:

Misdemeanor in the First Degree. FL ST §316.191(3).

Traffic Infraction/Moving Violation. FL ST § 316.191(4).

Sanctions:

Imprisonment Term / Fine: I. Racing: First offense – Not more than 1 year and not less than $500 

or more than $1,000;

Second offense(within 5 years) – Not more than 1 year and not less 

than $1,000 or more than $3,000;

Third or subsequent offense (within 5 years) – Not more than 1 year 

and not less than $2,000 or more than $5,000. FL ST § 316.191; 

FL ST § 775.082(4); FL ST § 775.083(1).

II. Spectator: A fine of $60. FL ST § 316.191(4); 

FL ST § 318.18(3)(a).

 Mandatory Minimum Term / Fine: The base terms above are mandatory minimums.

Licensing Action:

Type (Suspension / Revocation): Revocation by the courts. FL ST § 316.191(3)(a); FL ST § 316.655(2).

 Term of License Suspension / 

Revocation:

I. Racing: 

First offense – Revocation for 1 year; 

Second offense (within 5 years) – Revocation for 2 years;

Third or subsequent offense (within 5 years) – Revocation for 4years.

FL ST § 316.191(3).

 

107 Point System: 12 points in a 12-month period = not more than 30 days; 18 points within an 18-month period = not more than 3 

months; 24 points within a 36-month period = not more than 1 year. FL ST § 322.27(3). The following offenses are assigned specific 

points: reckless driving, willful and wanton= 4 points; unlawful speed resulting in crash= 6 points; unlawful speed not in excess of 15 mph 

of lawful/posted speed= 3 points; unlawful speed in excess of 15 mph = 4 points. 108 In determining whether to suspend or revoke a driver’s license, the court shall look at the totality of the circumstances resulting in 

conviction and the need to provide for the maximum safety for all persons who travel on or who are otherwise affected by the use of the 

highways of the State. The court shall consider the following factors: (1) extent and nature of the driver’s violation; (2) the number of 

persons killed or injured as a result of the driver’s violation; and (3) the extent of property damage resulting from the driver’s violation. 

Additionally, beginning January 1, 2013, an accident shall be a condition to such suspension or revocation. FL ST § 316.655(2). 109 “No person shall drive any vehicle in any race, speed competition or contest, drag race or acceleration contest, test of physical 

endurance, exhibition of speed or acceleration, or for the purpose of making a speed record” on a highway or street. FL ST § 316.191(2)(a).
FLORIDA

SUMMARY OF SPEED LAWS, 12TH EDITION

48

 Mandatory Term: The base terms for racing above are mandatory.

Other: I. A person may be required to attend a driver improvement school. FL

ST § 318.14(5), (9).

II. If the offense caused the death of another person, the offender may 

be required to perform 120 hours of community service. 

FL ST § 318.14(1).

III. The court may impound or immobilize the vehicle used in the 

offense. FL ST §316.191(5).

Reckless Driving:

110 Misdemeanor (Moving Violation). FL ST § 316.192; 

FL ST § 316.655(1); FL ST § 318.13(3); FL ST § 775.08(2); 

FL ST § 775.081(2). The law is not clear as to whether this is a first or 

second degree misdemeanor.

Sanctions:

 Imprisonment Term / Fine: First offense – Not more than 90 days and/or a fine of not less than 

$25 or more than $500;

Subsequent offense – Not more than 6 months and/or a fine of not less 

than $50 or more than $1,000. FL ST § 316.192(2)(a), (b).

Mandatory Minimum Term / Fine: The fines appear to be mandatory minimums.

Licensing Action:

 Type (Suspension / Revocation): Suspension through the point system or Suspension/Revocation by

the courts. FL ST § 316.655(2); FL ST § 322.27(3).

Third offense (within 12 months)– Revocation. FL ST § 322.26(6).

Term of License Suspension / 

Revocation:

30 days to 1 year depending upon the number of points accumulated.

FL ST § 322.27(3)(a), (b), (c).

Third offense – 1 year. FL ST § 322.28(1).

 Mandatory Term: None

Other: I. First or subsequent offense – A fee of $5 is imposed for the purpose 

of funding the Emergency Medical Services Trust Fund. 

FL ST § 316.192(4).

II. 4 points assessed against driving record. FL ST § 322.27.

Careless Driving:

111 Infraction / Moving Violation. FL ST § 316.1925; 

 

110 I. Reckless driving – damage to person or property of another = first degree misdemeanor. The sanctions for this offense are 

imprisonment for not more than 1 year and a fine of not more than $1,000. License action is the same as for any reckless driving offense. 

FL ST § 316.192(3)(c)(1); FL ST § 775.082(4)(a) ; FL ST § 775.083(1)(d). II. Reckless driving – serious bodily injury to another person = 

third degree felony. The sanctions for this offense are imprisonment for not more than 5 years and a fine of not more than $5,000. License 

action is the same as for any reckless driving offense. FL ST § 316.192(3)(c)(2); FL ST §775.082(3)(d); FL ST § 775.083(1)(c). 111 A person shall operate a vehicle “in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all 

other attendant circumstances, so as not to endanger the life, limb, or property of any person.” FL ST § 316.1925(1). “Aggressive careless 

driving” means committing 2 or more of the following acts simultaneously or in succession: (1) exceeding the posted speed limit (FL ST § 

322.23(3)(3)); (2) unsafely or improperly changing lanes (FL ST § 316.085); (3) following another vehicle too closely (FL ST § 

316.0895(1)); (4) failing to yield the right-of-way (FL ST § 316.079; FL ST § 316.0815; 
FLORIDA

SUMMARY OF SPEED LAWS, 12TH EDITION

49

FL ST § 316.655(1); FL ST § 318.13(3);FL ST § 318.14(1).

Sanctions:

 Imprisonment Term / Fine: I. For Non-Adjudication Offenses – Fine - $60. FL ST § 318.18(3).

II. For Adjudication Offenses – Not more than $500. 

FL ST § 318.14(5).

 Mandatory Minimum Term / Fine: The $60 fine appears to be mandatory.

Licensing Action:

Type (Suspension / Revocation): Suspension through the point system or Suspension/Revocation by

the courts. FL ST § 316.655(2); FL ST § 322.27(3).

Term of License Suspension / 

Revocation:

30 days to 1 year depending upon the number of points accumulated. 

FL ST § 322.27(3)(a),(b),(c).

Mandatory Term: 30 days

 Other: I. A person may be required to attend a driver improvement school. 

FL ST § 318.14(5), (9). 

II. If the offense caused the death of another person, the offender may 

be required to perform 120 hours of community service. 

FL ST § 316.027(4), FL ST § 318.14(1).

Exceeding Speed Limit by 50 

mph:

Infraction/Moving Violation. FL ST § 316.1926; 

FL ST § 316.183(7); FL ST § 316.187; FL ST § 316.189.

Sanctions:

 Imprisonment Term / Fine: First offense - $250;

Second or subsequent offense (within 12 months) - $500 (statute calls 

for “double the amount listed in FL ST § 318.18(3)(b)).

Mandatory Minimum Term / Fine: The fines listed above appear to be mandatory minimums.

Licensing Action:

 Type (Suspension / Revocation): Suspension through the point system or Suspension/Revocation by

the courts. FL ST § 316.655(2); FL ST § 322.27(3).

Term of License Suspension / 

Revocation:

30 days to 1 year depending upon the number of points accumulated. 

FL ST § 322.27(3)(a),(b), (c).

 Mandatory Term: 30 days

Other: A person may be required to attend a driver improvement school. 

FL ST § 318.14(5), (9).

Automated Speed Enforcement: No by S.P. By virtue of FL ST § 316.1906, speed cameras or other 

automated speed enforcement are excluded from use since only 

devices operated by trained law enforcement are permitted.

 

FL ST § 316.123); (5) improperly passing (FL ST § 316.083; FL ST § 316.084; FL ST § 316.085); (6) violating traffic control and signal 

devices (FL ST § 316.074; FL ST § 316.075). FL ST § 316.1923.
FLORIDA

SUMMARY OF SPEED LAWS, 12TH EDITION

50

Limitations of Use of Speed 

Measurement Devices:

No limitations. FL ST § 316.1906 defines “radar” as law enforcement 

speed radar, any laser-based or microwave-based speed-measurement 

system employed by a law enforcement agency to detect motorists’ 

speed. This code section permits use of these types of devices.

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a 

vehicle that person commits 2 “serious traffic violations”112 within a 3-

year period or3 such violations within a 3-year period. 

FL ST § 322.61(1), (2).

Period of Disqualification: Two serious violations (within 3 years) – 60 days; Three serious 

violations (within 3 years) – 120 days. FL ST § 322.61(1), (2).

 

112 “Serious traffic violations” include reckless driving, careless driving and unlawful speed of 15 mph or more over the posted speed limit. 

FL ST § 322.61(1).
GEORGIA

SUMMARY OF SPEED LAWS, 12TH EDITION

51

JURISDICTION GEORGIA

Reference: Code of Georgia Annotated

Basis for a Speed Law Violation: 

Basic Speed Rule: I. No person shall drive a vehicle at a speed greater than is reasonable 

and prudent under the conditions and having regard for the actual and 

potential hazards then existing. 

II. Every person shall drive at a reasonable and prudent speed when 

approaching and crossing an intersection or railroad grade crossing, 

when approaching and going around a curve, when approaching and 

traversing a hill crest, when traveling upon any narrow or winding 

roadway, and when special hazards exist with respect to pedestrians or 

other traffic or by reason of weather or highway conditions.

GA ST § 40-6-180.

Statutory Speed Limit: 70 mph on interstate system or on physically divided highways outside 

of urban areas with a population of 50,000 or more; 

65 mph on the interstate system inside urban areas with a population 

50,000 or more or on State divided highways without full access 

control; 

55 mph on other locations;

35 mph on unpaved county road;

30 mph in urban or residential district. 

GA ST §40-6-181(b).

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, either the State 

Commissioner of Public Safety or the Commissioner of Transportation 

may lower the above speed limits on any highway. Such a maximum 

speed limit may be declared to be effective at all times as are indicated 

upon such signs; and differing limits may be established for different 

times of day, different varying weather conditions, and other factors 

bearing on safe speeds, which shall be effective when posted upon 

appropriate fixed or variable signs. In no case shall the maximum 

speed limit for any highway be established at higher than the 

maximum speed limits set forth in GA ST § 40-6-181 (above) for that 

type of highway. GA ST §40-6-182.

II. Based on engineering and traffic investigations, local governments 

within their jurisdictions may lower the maximum speed limit on any 

highway. However, such limit shall neither be less than 30 mph 

outside an urban or residential district nor less than 25 mph within 

such districts. GA ST §40-6-183(a).

III. The State or local government within its jurisdiction may establish 

a maximum speed limit in a construction zone. GA ST §40-6-188.

IV. Based on engineering and traffic investigations, the Department of 

Transportation may determine the maximum speed of vehicles on any 

bridge or elevated structure. GA ST § 40-6-185(b).

Minimum Speed Limit: I. No person shall drive a motor vehicle at such a slow speed as to 

impede the normal and reasonable movement of traffic. 

GA ST §40-6-184(a)(1).
GEORGIA

SUMMARY OF SPEED LAWS, 12TH EDITION

52

II. Except when turning left, a person shall not drive in the left lane of 

a highway with at least 4 lanes at less than the maximum speed limit. 

GA ST §40-6-184(a)(2).

III. A person driving at less than the normal speed of traffic shall drive 

in the right-hand lane then available for traffic or as close as 

practicable to the right-hand curb or edge of the roadway. 

GA ST §40-6-40(b).

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State or local 

government within its jurisdiction may establish a minimum speed 

limit on any highway. GA ST §40-6-184(b). Note: Traffic-control 

devices may be erected directing specific traffic (buses, trucks, etc.) to 

use a designated lane. GA ST § 40-6-48(4).

Other: I. A school bus shall not be operated at a speed greater than 40 mph on 

a public road, or greater than 55 mph on interstate/defense highway 

system while transporting children to and from school activities. 

GA ST §40-6-160(a).

Low Speed Vehicles:

Permitted on Public Roads

(Yes/No):

Yes. On public roads with a speed limit of 35 mph or less. 

GA ST § 40-6-362.

Maximum Speed Permitted: 25 mph GA ST § 40-1-1(25.1).

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Misdemeanor. GA ST §40-6-1(a).

Other: Speeding in a Construction Zone is a misdemeanor of a high and 

aggravated nature. GA ST §40-6-188(e).

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: I. A fine of up to $500 depending on the speed.113 GA ST § 40-6-1(b).

II. Speeding in a Construction Zone – Not less than $100 or more than 

$2,000 and/or not more than 12 months. GA ST §40-6-188(e).

Mandatory Minimum Term / Fine: The base terms listed appear to be mandatory minimums.

Other Penalties:

Traffic School: A driver may be required to attend a driver improvement course. 

GA ST §40-5-57(c)(1)(C).

Licensing Action:

 

113 5 mph or less over the speed limit = no fine; 6-10 mph over the limit= not more than $25; 11-14 mph over the limit = not more than 

$100; 15-18 mph over the limit = not more than $125; 19-23 mph over the limit = not more than $150; 24-33 mph over the limit = not more 

than $500. GA ST § 40-6-1(b).
GEORGIA

SUMMARY OF SPEED LAWS, 12TH EDITION

53

Type (Suspension / Revocation): Suspension through the point system.

114 GA ST §40-5-57(c)(1)(A).

Persons Under 21 Years Old: A person under21 years old who is 

convicted of a speeding offense with an assigned point value of 4 or 

more points is subject to suspension. GA ST § 40-5-57.1.

Term of License Suspension / 

Revocation:

1 to 3 years depending on the number of points accumulated.115

GA ST §40-5-57(d).

Persons Under 21 Years Old: 

First offense – 6 months;

Second or subsequent offense – 12 months. Such person's license 

cannot be reinstated until that person has completed a defensive driver 

program. GA ST §40-5-57.1.

Mandatory Term: 120 days for first and second assessments; 6 months & 12 months for 

persons under 21, as listed above. GA ST § 40-5-57.1; 

GA ST § 40-5-84.

Other Criminal Actions Related to 

Speeding:

Racing on Highway:

116 Misdemeanor. GA ST §40-6-186(b), (c).

Sanctions:

Imprisonment Term / Fine: Not more than 12 months in jail and/or a fine of not more than $1,000.

GA ST §17-10-3(a)(1).

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Suspension. GA ST §40-5-54(a)(4); GA ST § 40-6-186(c). 

Suspension via the point system. GA ST §40-5-57.

Persons Under 21 Years Old: Suspension. GA ST §40-5-57.1.

Term of License Suspension / 

Revocation:117

I. First offense: 12 months, with eligibility to apply for return of 

license; 

 

114 Point System: Aggressive driving = 6 points; Reckless driving = 4 points; 14-18 mph over the speed limit = 2 points; 19-23 mph over 

the limit = 3 points; 24-33 mph over the limit = 4 points; 34 mph or more over the limit = 6 points; all other moving traffic violations which 

are not speed violations = 3 points. The commissioner shall suspend the driver's license of any person who has accumulated a violation 

point count of 15 or more points in any consecutive 24 month period, from the date of conviction. At the end of the period of suspension, 

the violation point count shall be reduced to zero points. GA ST § 40-5-57(c). 115 The following point assessment counts shall result in the following periods of suspension: first assessment = suspension of 1 year; 

second assessment (within 5 years) = 3 years; third assessment (within 5 years) = 2 years. For the 1st assessment, a driver may apply for the 

return of his license provided he provides certificate of completion of an approved defense driving course and payment of $210 (or $200 if 

by mail). For the 2nd assessment, a driver may apply for the return of his license upon proof of completion of an advanced defense driving 

course and payment of $310 (or $300 if by mail). For the 3rd assessment, a driver may apply for the return of his license upon proof of 

completion of an advanced defense driving course and payment of $410 (or $400 if by mail). GA ST § 40-5-57; GA ST § 40-5-84. 116 Racing on the highways includes “any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, 

exhibition of speed or acceleration, or for the purpose of making a speed record....” GA ST§ 40-6-186(b). 117 I. Hardship License: A person may be issued a limited license for the purpose of: (1) going to and from a place of employment or 

performing employment duties; (2) receiving medical care or obtaining medications; or (3) attending educational institutions, alcohol/drug 

abuse support groups or a court ordered driver improvement course. GA ST § 40-5-64. 
GEORGIA

SUMMARY OF SPEED LAWS, 12TH EDITION

54

Second or subsequent offense: 12 months, with eligibility to apply for 

return of license. However payment is $510 (or $500 if by mail).

II. Via the point system 1 to 3 years depending on the number of 

points that have been accumulated. GA ST §40-5-57.

III. Persons Under 21 Years Old:

First offense – 6 months; 

Second or subsequent offense – 12 months. A person’s license cannot 

be reinstated until that person has completed a defensive driver 

program. GA ST §40-5-57.1.

 Mandatory Term: Mandatory terms apply to person under 21 years old, and person who 

have had 3 assessments due to point accumulation.

Other: I. A driver may be required to attend a driver improvement course. 

GA ST § 40-5-57(c)(1)(C).

II. A driver shall be assessed 3 points against his driving record. 

GA ST § 40-5-57.

Reckless Driving: Misdemeanor. GA ST §40-6-390.

Sanctions:

 Imprisonment Term / Fine: Not more than 12 months and/or not more than $1,000. 

GA ST §40-6-390(b).

Mandatory Minimum Term / Fine: None

Licensing Action:

 Type (Suspension / Revocation): Suspension through the point system. GA ST §40-5-57.

Persons Under 21 Years Old: Suspension. GA ST §40-5-57.1.

Term of License Suspension / 

Revocation:

1 to 3 years depending on the number of points accumulated. 

GA ST §40-5-57(d).

Persons Under 21 Years Old:

First offense – 6 months; 

Second or subsequent offense – 12 months. A person's license cannot 

be reinstated until that person has completed a defensive driver 

program. GA ST §40-5-57.1.

 Mandatory Term: 2 years upon reaching the requisite point assessment for the third time 

within 5 years. GA ST § 40-5-57(d).

Persons Under 21 Years Old: 

First offense – 6 months; 

Second or subsequent offense – 12 months. GA ST §40-5-57.1.

Other: I. A driver may be required to attend a driver improvement course.

GA ST § 40-5-57(c)(1)(C).

II. A driver shall be assessed 4 points against his driving record.

GA ST § 40-5-57.
GEORGIA

SUMMARY OF SPEED LAWS, 12TH EDITION

55

“Laying Drags”:

118 Misdemeanor. GA ST §40-6-251(a), (d).

Sanctions:

 Imprisonment Term / Fine: Not more than 12 months in jail and/or a fine of not more than $1,000.

GA ST § 17-10-3(a)(1).

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Suspension via the point system. GA ST §40-5-57.

Term of License Suspension / 

Revocation:

1 to 3 years depending on the number of points accumulated. 

GA ST §40-5-57(d).

Mandatory Term: Two years upon reaching the requisite point assessment for the third 

time within 5 years. GA ST § 40-5-57(d).

 Other: I. A driver may be required to attend a driver improvement course. 

GA ST § 40-5-57(c)(1)(C).

II. A driver shall be assessed 3 points against his driving record.

GA ST§40-5-57.

Aggressive Driving:

119 Misdemeanor of a high and aggravated nature. 

GA ST §40-6-397(a), (b).

Sanctions:

 Imprisonment Term / Fine: Not more than 12 months and/or not more than $5,000.

GA ST § 17-10-4(a).

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Suspension through the point system. GA ST §40-5-57.

Term of License Suspension / 

Revocation:

1 to 3 years depending on the number of points accumulated. 

GA ST §40-5-57(d).

Mandatory Term: Two years upon reaching the requisite point assessment for the third 

time within 5 years. GA ST § 40-5-57(d).

 Other: I. A driver may be required to attend a driver improvement course. 

GA ST § 40-5-57(c)(1)(C).

 

118 No driver of any motor vehicle shall operate the vehicle upon the public streets, highways, public or private driveways, airport runways, 

or parking lots in such a manner as to create a danger to persons or property by intentionally and unnecessarily causing the vehicle to move 

in a zigzag or circular course or to gyrate or spin around, except to avoid a collision or injury or damage. GA ST § 40-6-251. 119 Aggressive driving is defined as operating a “motor vehicle with the intent to annoy, harass, molest, intimidate, injure, or obstruct 

another person, including without limitation violating GA ST § 40-6-42 (overtaking and passing); GA ST § 40-6-48 (driving on roadways 

laned for traffic); GA ST § 40-6-49 (following too closely); GA ST § 40-6-123 (turning movements; signals required on turning; changing 

lanes, slowing or stopping); GA ST § 40-6-184 (impeding traffic; minimum speed in left-hand lanes); GA ST § 40-6-312 (operating 

motorcycle on roadway laned for traffic); or GA ST § 40-6-390 (reckless driving) with such intent. A person commits aggressive driving 

when he or she intentionally fails to provide a four-foot safety margin when passing bicyclists or pedestrians.” GA ST § 40-6-397(a).
GEORGIA

SUMMARY OF SPEED LAWS, 12TH EDITION

56

II. A person shall have 6 points assessed against his driving record.

GA ST §40-5-57(c)(1)(C).

Automated Speed Enforcement: No by S.P. Speed detection devices (which include only laser or 

radar-type devices) are conditionally permitted. Speed detection 

devices do not include speed cameras or photo radar. 

GA ADC 464-10-.01.

Limitations of Speed Measurement 

Devices:

No. LASER, RADAR, VASCAR, and electronic digital speed 

computer timing devices are permitted. GA ST § 40-14-17; 

GA ADC 464-10-.01.

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: I. A person is disqualified from operating a CMV if, while driving

such a vehicle, that person commits 2 “serious traffic violations”120

within a 3-year period or 3 such violations within a 3-year period. 

GA ST §40-5-151(f).

II. A person is disqualified from operating a CMV if that person is 

convicted of a major traffic violation.121 GA ST § 40-5-151(a).

Period of Disqualification: I. Serious traffic violations: 

Two serious violations (within 3 years) – Not less than 60 days;

Three serious violations (within 3 years) – Not less than 120 days. 

GA ST §40-5-151(f).

II. Major traffic violations:

First conviction – Not less than 1 year, or a period of 3 years (if 

vehicle is transporting hazardous material required to be placarded);

Second or subsequent conviction – Life.

GA ST § 40-5-151(a), (b), (c).

 

120 A “serious traffic violation” includes speeding 15 mph or more over the speed limit and reckless driving. GA ST § 40-5-142(22). 121 A “major traffic violation” includes racing. GA ST § 40-5-142(18.2).
HAWAI’I

SUMMARY OF SPEED LAWS, 12TH EDITION

57

JURISDICTION HAWAI’I

Reference: Hawai’i Revised Statutes Annotated

Basis for a Speed Law Violation: 

Basic Speed Rule: I. No person shall drive a vehicle at a speed greater than is reasonable 

and prudent and having regard to the actual and potential hazards and 

conditions then existing. 

II. Every person shall drive at a safe and appropriate speed when 

approaching and crossing an intersection or railroad grade crossing, 

when approaching and going around a curve, when approaching a hill 

crest, when traveling upon any narrow or winding roadway, and when 

special hazards exist with respect to pedestrians or other traffic, or by 

reason of weather or highway conditions. HI ST §291C-101.

Statutory Speed Limit: There are no statutory speed limit provisions listing specific speed 

limits. However, no person shall drive a motor vehicle at a speed 

exceeding “the applicable State or county speed limit”122 by 30 mph 

or more, or 80 mph or more irrespective of the applicable State or 

county speed limit. HI ST § 291C-105(a)(1).

Posted (Maximum) Speed Limit: I. The Director of Transportation and the counties, in their respective 

jurisdictions, shall establish maximum speed limits for school zones 

and construction areas and shall require the owner, general contractor, 

or other person responsible for construction to provide proper signs in 

construction areas. The Director of Transportation shall place official 

signs in school zones. Signs posted shall be plainly visible at all times 

under ordinary traffic conditions. HI ST § 291C-104(b).

II. Local governments may establish maximum speed limits on streets

or highways under their jurisdiction. 

HI ST §291C-163.

Minimum Speed Limit: I. No person shall drive a motor vehicle at a speed less than the 

minimum speed limit. HI ST § 291C-102(a).

II. A person driving at less than the normal speed of traffic shall drive 

in the right-hand lane then available for traffic or as close as 

practicable to the right-hand curb or edge of the roadway. 

HI ST §291C-41(b).

Posted (Minimum) Speed Limit: I. The Director of Transportation may place signs establishing the 

minimum speed limit on any highway. HI ST § 291C-102.

II. Local governments may establish minimum speed limits on streets 

and highways under their jurisdiction. HI ST §291C-163.

 

122 “The applicable State or county speed limit” means: (1) the maximum speed limit established by county ordinance;

(2) the maximum speed limit established by official signs placed by the director of transportation on highways under the director's 

jurisdiction; or (3) the maximum speed limit established pursuant to HI ST § 291C-104 by the director of transportation or the counties for 

school zones and construction areas in their respective jurisdictions. HI ST § 291C-105(b).
HAWAI’I

SUMMARY OF SPEED LAWS, 12TH EDITION

58

Low Speed Vehicles:

Permitted on Public Roads

(Yes/No):

Yes. On a public road with a speed limit of no greater than 35 mph. 

HI ST § 291C-130.

Maximum Speed Permitted: 25 mph 49 CFR 571.3.

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Traffic infraction/violation. HI ST § 291C-161(a); HI ST § 291D-2; 

HI ST § 701-107(5).

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: First offense– Not more than $200;

Second offense (within 1 year) – Not more than $300;

Third or subsequent offense (within 1 year) – Not more than $500. 

HI ST § 291C-161(b); HI ST § 291D-9(a), (b).

Mandatory Minimum Term / Fine: None

Other Penalties:

Traffic School: A person may be required to attend a driver training course. 

HI ST § 291C-161(f).

 Other: Violators shall be assessed a surcharge of $25. If, however, the limit 

was exceeded by more than 10 mph, an additional surcharge of $10 is 

imposed. HI ST §291C-102(b), (c).

Licensing Action:

Type (Suspension / Revocation): Court-Ordered Suspension or Revocation. HI ST § 286-125; 

HI ST § 291C-170.

Term of License Suspension / 

Revocation:

I. Under HI ST §286-126, the court is authorized to suspend a license 

for not more than 5 years, or revoke a license. In the case of 

revocation, the licensing agency is not to grant driving privileges for 1 

year.

II. Under HI ST §291C-170, the court is authorized to either suspend 

or revoke a license for 1 year.

Mandatory Term: None. Licensing action is discretionary. HI ST §286-125; 

HI ST § 286-128(b); HI ST § 291C-170.

Miscellaneous Sanctions Not 

Included Elsewhere:

The court has the authority to order a temporary suspension of a 

person's license for a traffic infraction. HI ST §291D-12(4).

Other Criminal Actions Related to 

Speeding:

Racing on Highway:

123 Misdemeanor Infraction HI ST §291C-103; HI ST § 291D-2; 

 

123 No person shall drive any vehicle in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, 

exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shall in any manner participate in any race, 

competition, contest, test, or exhibition prohibited by this section. “Drag race” means the operation of two or more vehicles from a point 

side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a 

common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration 

of the vehicle or vehicles within a certain distance or time limit. "Racing" means the use of one or more vehicles in an attempt to outgain, 
HAWAI’I

SUMMARY OF SPEED LAWS, 12TH EDITION

59

Exhibition of Speed/

Acceleration:

124

HI ST § 701-107.

Sanctions:

Imprisonment Term / Fine: Racing: Not more than 6 months and/or a fine of not more than $500. 

HI ST § 291C-103(e).

Racing & 30 mph above limit: Not more than 1 year and/or a fine of 

not more than $2,000, plus a surcharge of up to $100 for the trauma 

system special fund. HI ST § 291C-103(f).

Exhibition of speed: Not more than $500 and/or a sentence of 

community service. HI ST § 291C-103(e).

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Court-Ordered Suspension or Revocation via HI ST § 286-125; 

HI ST § 291C-103; HI ST § 291C-170.

 Term of License Suspension / 

Revocation:

I. Under HI ST § 286-126, the court is authorized to suspend a license 

for not more than 5 years or revoke a license. In the case of 

revocation, the licensing agency is not to grant driving privileges for 1 

year.

II. Under HI ST § 291C-170, the court is authorized to suspend or 

revoke a license for 1 year.

III. For a racing (30 mph above limit) violation, a 1 year suspension 

shall apply for a second conviction within 5 years; and a 3 year 

suspension for a third or subsequent conviction within 5 years. 

HI ST § 291C-103(f).

 Mandatory Term: Licensing action is discretionary for racing and exhibition of speed.

HI ST § 286-125; HI ST § 291C-170. However suspension is 

mandatory (as listed above) for racing & 30 mph or greater over the 

limit. HI ST § 291C-103(f).

Other: I. A person may be required to attend a driver-training course. 

HI ST § 291C-161(e).

II. Any offender who exceeds a speed limit by 30 mph or more is also 

subject to forfeiture of the vehicle used in addition to license 

suspension, fine and jail, as listed above. HI ST § 291C-103(f).

III. A surcharge of up to $100 may be ordered. 

HI ST § 291C-103(f)(3).

Reckless Driving:

125 Petty misdemeanor. HI ST § 291-2; HI ST § 701-107(4).

Sanctions:

 Imprisonment Term / Fine: Not more than $1,000 and/or not more than 30 days; HI ST § 291-2.

Mandatory Minimum Term / Fine: None

 

outdistance, or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the 

physical stamina or endurance of drivers over long distance driving routes. HI ST §291C-103. 124 “Exhibition of speed or acceleration” means the sudden acceleration of a vehicle resulting in the screeching of the vehicle's tires which 

is done to intentionally draw the attention of persons present toward the vehicle. HI ST §291C-103. 125 Whoever operates any vehicle recklessly in disregard of the safety of persons or property is guilty of reckless driving of vehicle. 

HI ST § 291-2. 
HAWAI’I

SUMMARY OF SPEED LAWS, 12TH EDITION

60

Licensing Action:

 Type (Suspension / Revocation): Court-Ordered Suspension or Revocation. HI ST § 286-125; 

HI ST § 291C-170.

Term of License Suspension / 

Revocation:

I. Under HI ST §286-126, the court is authorized to suspend a license 

for not more than 5 years, or revoke a license. In the case of 

revocation, the licensing agency is not to grant driving privileges for 1 

year.

II. Under HI ST §291C-170, the court is authorized to either suspend 

or revoke a license for 1 year.

 Mandatory Term: None. Licensing action is discretionary. HI ST §286-125; 

HI ST § 286-128(b); HI ST § 291C-170.

Inattention to Driving:

126 Petty misdemeanor. HI ST § 291-12; HI ST § 701-107(4).

Sanctions:

Imprisonment Term / Fine: Not more than 30 days and/or a fine of not more than $500.

Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Court-Ordered Suspension or Revocation via HI ST § 286-125; 

HI ST § 291C-170.

Term of License Suspension / 

Revocation:

I. Under HI ST § 286-126, the court is authorized to suspend a license 

for not more than 5 years or revoke a license. In the case of revocation, 

the licensing agency is not to grant driving privileges for 1 year.

II. Under HI ST § 291C-170, the court is authorized to either suspend 

or revoke a license for 1 year.

Mandatory Term: Revocation – 1 year. HI ST § 286-126.

Other: I. A person may be required to attend a driver-training course. 

HI ST § 291C-161(e). 

II. A surcharge of up to $100 may be ordered. HI ST § 291-12.

Excessive Speeding: Petty misdemeanor. HI ST § 291C-105.

Sanctions:

Imprisonment Term / Fine: First offense – Not less than 48 hours or more than 5 days or 36 hours

community service, and not less than $500 or more than $1,000;

Second offense (within 5 years) – Not less than 5 days or more than 14 

days (of which at least 48 hours shall be served consecutively) or not 

less than 120 hours community service, and not less than $750 or 

more than $1,000;

 

126 Inattention to driving is defined as operating “any vehicle without due care or in a manner as to cause a collision with, or injury or 

damage to, as the case may be, any person, vehicle or other property.” This also includes operating a vehicle on a public highway while 

using a mobile telephone not used as a hands-free mobile telephone. HI ST § 291-12
HAWAI’I

SUMMARY OF SPEED LAWS, 12TH EDITION

61

Third or subsequent offense (within 5 years) – Not less than 10 days or 

more than 30 days (of which at least 48 hours shall be served 

consecutively) and a fine of $1,000. HI ST § 291C-105.

Mandatory Minimum Term / Fine: The base terms above are mandatory minimums.

Licensing Action:

Type (Suspension / Revocation): Suspension. HI ST § 291C-105.

Term of License Suspension / 

Revocation:

First offense: 30 days or 15 days suspension & restricted license for 

the remainder of the 30-day period;

Second offense (within 5 years): 30 days;

Third or subsequent offense (within 5 years): not less than 90 days or 

more than 1 year. HI ST § 291C-105.

Mandatory Term: First offense: 15 days; 

Second offense (within 5 years): 30 days;

Third or subsequent offense (within 5 years): 90 days

Other: I. Driver retraining instruction course; 

II. Surcharge of $25 for the neurotrauma special fund;

III. $75 assessment for driver education;

IV. Surcharge of up to $100 for the trauma system special fund, if the 

court so orders. HI ST § 291C-105; HI ST § 286G-3.

Automated Speed Enforcement: No statutory provision

Limitations of Use of Speed 

Measurement Devices:

No statutory provisions. It appears that, at a minimum, radar and 

laser units may be used. See e.g., State v. Hong Guo, 230 P.3d 434 

(Hawai’I App., 2010); State v. Assaye, 216 P.3d 1227 (Hawai’i 2009).

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a 

vehicle that person commits 2 “serious traffic violations”127 within a 3-

year period or 3 such violations within a 3-year period. 

HI ST § 286-240(e).

Period of Disqualification: Two serious violations (within 3 years) – Not less than 60 days; 

Three serious violations (within 3 years) – Not less than 120 days. 

HI ST § 286-240(e).

 

127 A “serious traffic violation” includes reckless driving and excessive speeding. HI ST § 286-231.
IDAHO

SUMMARY OF SPEED LAWS, 12TH EDITION

62

JURISDICTION IDAHO

Reference: Idaho Code (General Laws of Idaho Annotated)

Idaho Infraction Rules (ID R INFR R.)

Idaho Administrative Code (IDAPA)

Basis for a Speed Law Violation: 

Basic Speed Rule: I. No person shall drive a vehicle at a speed greater than is reasonable 

and prudent under the conditions and having regard to the actual and 

potential hazards then existing. 

II. Every person shall drive at a safe and appropriate speed when 

approaching and crossing an intersection or railroad grade crossing, 

when approaching and going around a curve, when approaching a 

hillcrest, when traveling upon any narrow or winding highway, and 

when special hazards exist with respect to pedestrians or other traffic 

or by reason of weather or highway conditions.

ID ST §49-654(1)

Statutory Speed Limit: 75 mph on interstate highways; 

65 mph on State highways;

55 mph in other locations;

35 mph in residential, business, or urban districts.

ID ST § 49-654(2).

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State may 

increase or decrease the above speed limits. However, no maximum 

posted speed limit can exceed either 75 mph for interstate highways or 

65 mph for other State highways. ID ST §49-201(4).

II. For highways within its jurisdiction, a local government, based on 

engineering and traffic investigations, may decrease the speed limit in 

a residential, business or urban districts or increase the speed limits 

above the statutory limit for an urban district but not greater than 65 

mph on arterial highways. ID ST §49-207(2); ID ST § 49-208(1)(i).

III. Local authorities within their jurisdictions may establish speed 

limits for public parks. ID ST § 49-208(1)(e).

Minimum Speed Limit: I. No person shall drive a motor vehicle at such slow speed as to 

impede the normal and reasonable movement of traffic except when 

reduced speed is necessary for safe operation or compliance with the 

law. ID ST § 49-655.

II. A person driving at less than the normal speed of traffic shall drive 

in the right-hand lane available for traffic or as close as practicable to 

the right-hand curb or edge of the highway. ID ST § 49-630(2).

Posted (Minimum) Speed Limit: I. Based upon engineering and traffic investigations, the State may 

establish a minimum posted speed limit on a highway. This does not 

apply where a local authority has established a lower speed limit on 

those parts of a State highway that pass through either a residential or 

business district under the authority of the local jurisdiction. 

ID ST § 49-202(22).
IDAHO

SUMMARY OF SPEED LAWS, 12TH EDITION

63

II. Local authorities within their jurisdictions may establish minimum 

speed limits. ID ST § 49-208(1)(m).

Other: I. A person shall not drive a vehicle over a bridge or elevated structure 

in violation of the posted safe maximum speed limit for such 

structures. ID ST § 49-656.

II. It shall be unlawful to operate any vehicle equipped with other than 

pneumatic tires on a highway at a rate of speed in excess of 20 mph for 

vehicles having a gross weight of not more than 10,000 lbs., and 12

mph for vehicles having a gross weight of more than 10,000 lbs.

ID ST § 49-1003.

III. Vehicles with 5 or more axles and operating with a gross weight of 

more than 26,000 lbs., shall not exceed 65 mph on interstate highways. 

ID ST § 49-654(3).

Low Speed Vehicles:

Permitted on Public Roads 

(Yes/No):

Yes. On public roads with a speed limit of 35 mph or less. 

ID ST § 49-663.

Maximum Speed Permitted: 25 mph. 49 CFR 571.3.

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Infraction. ID ST § 49-110(5); ID ST § 49-236(2).

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: Not more than $100128 ID ST § 18-113A.

Mandatory Minimum Term / Fine: None

Other Penalties:

Traffic School: A defensive driving class may be offered. IDAPA 39.02.71.400.

Licensing Action:

Type (Suspension / Revocation): Suspension through the point system.

129 ID ST § 49-326(2), (3).

Term of License Suspension / 

Revocation:

Suspension for not more than 1 year.

130 ID ST § 49-326(5).

Mandatory Term: None. Restricted driving privileges may be granted. 

ID ST § 49-326(4); IDAPA 39.02.70.100.

 

128 Fixed Penalty: The following fixed penalties, which include court costs, shall be assessed for speed-related infractions: (1) for 

exceeding the speed limit by: 1-15 mph $90; 16 mph or more= $155; (2) other moving infractions = $90; (3) speeding in a construction 

zone = $106.50; (4) speeding in a school zone = $156.60; (5) other infractions = $72. ID R INFR R. 9(b); ID ST § 49-1503. 129 I. The following violations will receive the following number of points: (1) basic speed rule & maximum limits= 3-4 points; (2) 

minimum speed regulation = 3 points; (3) special speed limitations = 3-4 points (except speeding in a construction zone = 4 points); (4) 

inattentive driving = 3 points; (5) racing = 4 points; (6) speeding 16 mph or more over the limit = 4 points; other moving traffic violations 

= 3 points. Tithe determination of the number of points depends on factors such as possibility of bodily injury or property damage. 

IDAPA 39.02.71.100; IDAPA 39.02.71.200. 130 The following point accumulations shall result in the following suspension periods: (1) 12 or more points within a 12-month period = 30 

days; (2) 18 points within a 24-month period = 90 days; (3) 24 points within a 36-month period = 6 months. IDAPA 39.02.71.300. Three 

points may be removed from the record if such person completes a driving class. This can occur once every three years. 

IDAPA 39.02.71.400.
IDAHO

SUMMARY OF SPEED LAWS, 12TH EDITION

64

Other Criminal Actions Related to 

Speeding:

Racing on Highway:

131 Misdemeanor. ID ST § 18-111; ID ST § 49-236(1); 

ID ST § 49-1424(1).

Sanctions:

Imprisonment Term / Fine: Not more than 6 months and/or not more than $1,000. 

ID ST § 18-113(1); ID ST § 49-236(4).

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Suspension through the point system. ID ST § 49-326(2).

Term of License Suspension / 

Revocation:

Suspension for not more than 1 year. ID ST § 49-326(5).

 Mandatory Term: None. Restricted driving privileges may be granted. 

ID ST § 49-326(4).

Other: A fixed penalty of $90. ID R INFR R. 9(b).4 points shall be assessed 

against the driving record. IDAPA 39.02.71.100; 

IDAPA 39.02.71.200.

Reckless Driving:

132 Misdemeanor ID ST § 18-111; ID ST § 49-236(1); 

ID ST § 49-1401(1).

Sanctions:

 Imprisonment Term / Fine: First offense – Not more than 6 months and/or not more than $1,000;

Second or subsequent offense (within 5 years) – Not more than 1 year 

and/or not more than $2,000. ID ST § 49-1401(2).

Mandatory Minimum Term / Fine: None

Licensing Action:

 Type (Suspension / Revocation): Suspension ID ST § 49-326(1)(f); ID ST § 49-1401(2).

Revocation(for 3 reckless driving offense convictions within 12 

months). ID ST § 49-325(1)(d)

Term of License Suspension / 

Revocation:

First offense– 30 days suspension;

Second offense (within 2 years) – 90 days suspension; 

Third offense (within 3 years of the first conviction) – 1 year 

suspension. ID ST § 49-326(1)(f)

 Mandatory Term: Suspensions– None. Restricted driving privileges may be granted. 

ID ST § 49-326(4).

 

131 “No person shall drive any vehicle in any race, speed competition or contest, drag race or acceleration contest, test of physical 

endurance, exhibition of speed or acceleration or for the purpose of making a speed record....” ID ST § 49-1424(1). 132 Any person who drives or is in actual physical control of any vehicle upon a highway, or upon public or private property open to public 

use, carelessly and heedlessly or without due caution and circumspection, and at a speed or in a manner as to endanger or be likely to 

endanger any person or property, or who passes when there is a line in his lane indicating a sight distance restriction, shall be guilty of 

reckless driving. ID ST § 49-1401(1).
IDAHO

SUMMARY OF SPEED LAWS, 12TH EDITION

65

Revocations – For 3 offenses within 12 months, the 1 year revocation 

appears to be mandatory. ID ST § 49-325(1)(d); ID ST § 49-326(5).

Other: A fixed penalty of $90. ID R INFR R. 9(b); ID ST § 49-1503.

Inattentive Driving:

133 Misdemeanor. ID ST § 18-111; ID ST § 49-236(1); 

ID ST § 49-1401(3).

Sanctions:

 Imprisonment Term / Fine: Not more than 6 months and/or not more than $300. 

ID ST § 18-113(1).

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Suspension through the point system. ID ST § 49-326(2).

Term of License Suspension / 

Revocation:

Suspension for not more than 1 year. ID ST § 49-326(5).

Mandatory Term: None. Restricted driving privileges may be granted. 

ID ST § 49-326(4)

 Other: A fixed penalty of $90. ID R INFR R. 9(b); ID ST § 49-1503.

3 points shall be assessed against a driving record. IDAPA 39.02.71.100 

IDAPA 39.02.71.200.

Automated Speed Enforcement: No statutory provision.

Limitations of Use of Speed 

Measurement Devices:

No statutory provisions. It appears that, at a minimum, radar and 

laser are permitted. See e.g., State v. Kessler, 262 P.3d 682 (Idaho 

App., 2011); State v. Williamson, 166 P.3d 387 (Idaho App. 2007).

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a 

vehicle that person commits 2 “serious traffic violations”134 within a 3-

year period or 3 such violations within a 3-year period. 

ID ST § 49-335(6).

Period of Disqualification: Two serious violations (within 3 years) – Not less than 60 days; 

Three serious violations (within 3 years) – Not less than 120 days. 

ID ST § 49-335(6).

 

133 Inattentive driving shall be applicable where the conduct of the operator has been inattentive, careless or imprudent, in light of the 

circumstances then existing, rather than heedless or wanton, or in those cases where the danger to persons or property by the motor vehicle 

operator’s conduct is slight. This is a lesser included offense of reckless driving. ID ST § 49-1401(3). 134 A “serious traffic violation” includes exceeding the speed limit by 15 or more mph and reckless driving. ID ST § 49-120(11), with 

reference to 49 CFR 383.5.
ILLINOIS

SUMMARY OF SPEED LAWS, 12TH EDITION

66

JURISDICTION ILLINOIS

Reference: West's Smith-Hurd Illinois Compiled Statutes Annotated 

Illinois Administrative Code (IL ADC)

Basis for a Speed Law Violation: 

Basic Speed Rule: I. A person shall not drive a vehicle upon any highway at a speed that 

is greater than is reasonable and proper with regard to traffic 

conditions and the use of the highway, or endangers the safety of any 

person or property. 

II. A driver has a duty to decrease the speed when approaching and 

crossing an intersection, approaching and going around a curve, when 

approaching a hill crest, when traveling upon any narrow or winding 

roadway, or when special hazard exists with respect to pedestrians or 

other traffic or by reason of weather or highway conditions. Speed 

must be decreased as may be necessary to avoid colliding with any 

person or vehicle on or entering the highway in compliance with legal 

requirements and the duty of all persons to use due care.

625 ILCS 5/11-601(a).

Statutory Speed Limit: 65 mph135 on Illinois toll highways and highways that are divided and 

have at least 4 lanes;

55 mph on all other highways, roads or streets outside an urban 

district;

55 mph for Second Division Vehicles weighing 8,001lbs., or more;136

30 mph in an urban district;

15 mph in an urban district alley. 

625 ILCS 5/11-601.

Posted (Maximum) Speed Limit: I. The State Toll Highway Authority, based on engineering and traffic 

investigations, may establish a maximum speed on toll highways 

under its authority that are less than 65 mph. 625 ILCS 5/11-603.

II. With certain limitations and based on engineering and traffic 

investigations, the State may increase or decrease the above speed 

limits. 625 ILCS 5/11-602.

III. Based on engineering and traffic investigations, a local 

government may increase or decrease the maximum speed on 

highway, streets or roads within its jurisdiction. However, the 

following limitations apply: (1) the speed limit in an urban district 

cannot be less than 20 mph; (2) a speed limit in an urban district 

cannot be more than 55 mph; (3) the speed limit outside of an urban 

district cannot be less than 35 mph; and (4) except as provided in (1), 

the speed limit in a residential district cannot be less than 25 mph. 

65 ILCS 5/11-40-1; 625 ILCS 5/11-208; 625 ILCS 5/11-604.

 

135 The 65/55 mph speed limits, listed above apply to vehicles that are designed to carry not more than 10 persons (First Division vehicles) 

or Second Division vehicles which have a gross weight of 8,000 lbs., or less. A Second Division Vehicle is defined as one: (1) designed to 

carry 10 or more persons; (2) used for living quarters; (3) designed to carry or pull property, freight or cargo; or (4) a registered school bus 

regardless of the number of students it is designed to carry. 625 ILCS 5/1-217; 625 ILCS 5/11-601(d). 136 Unless some lesser speed restriction is established, the 55 mph speed limit restriction applies in the counties of Cook, DuPage, Kane, 

Lake, McHenry, and Will. However, outside of those counties, the maximum speed limit for a Second Division Vehicle is 65 mph on an 

interstate highway and 55 mph for all other highways, roads and streets. 625 ILCS 5/11-601(e), (f).
ILLINOIS

SUMMARY OF SPEED LAWS, 12TH EDITION

67

Minimum Speed Limit: I. No person shall operate a motor vehicle at such a slow speed as to 

impede or block the normal and reasonable movement of traffic. 

625 ILCS 5/11-606(a).

II. A person driving at less than the normal speed of traffic shall drive 

in the right-hand lane available for traffic or as close as practicable to 

the right-hand curb or edge of the roadway. 625 ILCS 5/11-701(b).

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State may establish 

a minimum speed limit on any part of a highway or street. 

625 ILCS 5/1-606(b). 

Other: I. The maximum speed limit for a bus is 65 mph on a 4-lane divided 

highway under the State Toll Highway Authority, 55 mph on other 

highways under the State Toll Highway Authority, and 55 mph on all 

other highways, streets or roads. 625 ILCS 5/11-601(f).

II. The maximum speed limit is 20 mph “while passing a school zone 

where children pass going to and from school,” or while traveling upon 

any public thoroughfare adjacent to a park zone which has been 

designated a park zone street and when children are present within 50 

feet of motorized traffic. 625 ILCS 5/11-605(a); 624 ILCS 5/11-605.3.

III. A person may not operate a motor vehicle at a speed in excess of 

the posted speed limit in a construction or maintenance zone. Special 

posted speed limits may be established for construction or maintenance 

zones. 625 ILCS 5/11-605.1.

IV. Based on safety investigations, the State may establish maximum 

speed limits for bridges or other elevated structures. 

625 ILCS 5/11-608.

V. No person shall operate a vehicle at speed greater than the 

“maximum attainable operating speed” of such vehicle as determined 

by its manufacturer. 625 ILCS 5/11-611.

VI. No person shall drive 31mph or more over the applicable 

maximum speed limit. 625 ILCS 5/11-601.5.

Low Speed Vehicles:

Permitted on Public Roads

(Yes/No):

Yes. On public roads with a speed limit of 30 mph or less, or 35 mph 

or less if authorized by a local ordinance.

625 ILCS 5/11-1426.2(a), (e-5).

Maximum Speed Permitted: 25 mph 625 ILCS 5/1-140.7

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Petty offense – First and second offenses;

Class C misdemeanor – Third or subsequent offenses.

625 ILCS 5/16-104.

Other: Class B misdemeanor – Driving 31 mph or more but less than 40 mph 

over the speed limit;

Class A misdemeanor – Driving 40 mph or more over the speed limit. 

625 ILCS 5/11-601.5.

Sanctions Following an Adjudication 

of a Speed Law Violation:
ILLINOIS

SUMMARY OF SPEED LAWS, 12TH EDITION

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Sanctions:

Imprisonment Term / Fine: First or second offenses (Petty Offense) – A fine of not more than 

$1,000;

Third or subsequent offenses (within 1 year) (Class C misdemeanor) –

Not more than 30 days and/or not more than $1,500; 

730 ILCS 5/5-4.5-75; 730 ILCS 5/5-4.5-65.

Driving 31 mph or more but less than 40 mph over speed limit 

(Class B misdemeanor): Not more than 6 months and/or not more 

than $1,500. 730 ILCS 5/5-4.5-60.

Driving 40 mph or more over speed limit (Class A misdemeanor): 

Any term less than 1 year and/or not more than $2,500.

730 ILCS 5/5-4.5-55.

Speeding in School Zone (Petty Offense): 

First offense – Not less than $150 or more than $1,000;

Second or subsequent offense – Not less than $300 or more than 

$1,000. 625 ILCS 5/11-605(e).

Speeding in Construction Zone(Petty Offense):

First offense – Not less than $250 or more than $1,000; 

Second offense – Not less than $750 or more than $1,000.

625 ILCS 5/11-605.1(d).

Mandatory Minimum Term / Fine: Speeding in School Zone = $150 for first offense; $300 for second or 

subsequent offense.

Speeding in Construction Zone = $250 for first offense; $750 for 

second or subsequent offense.

Other Penalties:

Traffic School: An offender who is under 21years old may be required to attend a 

Driver Remedial Education Course before the license is reinstated. 

625 ILCS 5/6-206(c-5).

 Other: There is a special fine of $4 for each $40 of fine that is imposed. 

625 ILCS 5/16-104a.

Licensing Action:

Type (Suspension / Revocation): Suspension or Revocation based on 3 traffic offenses within a 12-

month period, or repeated traffic law convictions which indicate a 

disrespect of the traffic laws. 625 ILCS 5/6-206(a)(2), (3).

Persons Under 21: Suspension or revocation if the person has 

committed not less than 2 offenses against traffic regulations within a 

24-month period. 625 ILCS 5/6-206(a)(36).

Speeding in Construction/Maintenance Zone: Suspension for 90 

days for second or subsequent offense. 625 ILCS 5/6-206(a)(41).
ILLINOIS

SUMMARY OF SPEED LAWS, 12TH EDITION

69

Term of License Suspension / 

Revocation:

Suspension– Not more than 1 year. 

Revocation– 1 year. 625 ILCS 5/6-208(a), (b). 

A point system is used by the licensing agency to determine the 

length of any suspension or whether to impose a revocation.

137

Mandatory Term: Speeding in Construction/Maintenance Zone: 90 days.

625 ILCS 5/11-605.1.

Miscellaneous Sanctions Not 

Included Elsewhere:

Speeding in School Zones carries an additional fine of $50 which is 

used for school safety purposes. 625 ILCS 5/11-605(f).

Other Criminal Actions Related to 

Speeding:

Racing on Highway:

Permitting vehicle to be used:

Aggravated street racing:138

Class A misdemeanor – First offense;

Class 4 felony – Second or subsequent offense.

625 ILCS 5/11-506(d)(1)

Class B misdemeanor – First offense;

Class A misdemeanor – Second or subsequent offense.

625 ILCS 5/11-506(d)(2)

Class 4 felony. 625 ILCS 5/11-506(d)(3).

Sanctions:

Imprisonment Term / Fine: Racing: First offense – Any term of less than 1 year and/or not less 

than $250 or more than $2,500;

Second or subsequent offense – Not less than 1 year or more than 3 

years and/or not less than $500 or more than $25,000.730 ILCS 5/5-

4.5-55; 730 ILCS 5/5-4.5-50; 730 ILCS 5/5-4.5-45.

 

137 Point System: A point system has been established to determine suspension length or whether to impose revocation.

I. The following points are assigned for speeding or speed-related offenses: reckless driving = 55 points; squealing or screeching of tires = 

10 points; speeding too fast for conditions = 10 points; 1-10 mph above the speed limit = 5 points; 11-14 mph above the speed limit = 15 

points; 15-25 mph above the speed limit = 20 points; over 25 mph above the speed limit = 50 points; exceeding the maximum speed limit 

in a construction zone = 20 points; exceeding the maximum speed limit in a school zone =20 points; driving below the minimum speed 

limit = 5 points; driving below the minimum speed limit on an Illinois Tollway = 20 points; not driving in the right-hand lane when 

proceeding at less than the normal speed of traffic = 20 points; and, exceeding the maximum speed limit on a bridge or elevated structure = 

10 points. 92 IL ADC §1040.20(c).

II. If a person's license is suspended or revoked pursuant to 625 ILCS 5/6-206(a)(2) as a result of 3 convictions within 12 months, the 

following point schedule is used to determine licensing action: (1) if there has been no prior suspension or revocation within 7 years, the 

following licensing action is taken: 0-14 points = no action; 15-44 points = 2 month suspension; 45-74 points = 3 months; 75-89 points = 6 

months; 90 through 99 points = 9 months; 100-109 points = 12 months; 110 or more points = revocation (1 year); (2) if there has been 1 or 

more prior suspensions or revocations within 7 years, the following licensing action is taken: 0-14 points = no action; 15-44 points = 4 

month suspension; 45-74 points = 6 months; 75-109 points = 12 months; 110 or more points = revocation (1 year). 92 IL ADC § 

1040.30(b).

III. If a person's license is suspended or revoked via 625 ILCS 5/6-206(a)(3) as a result of repeated traffic violations which indicate a 

disrespect for the traffic laws, the following point schedule is used to determine licensing action: (1) A person's license is revoked (1 year) 

if the licensing agency receives notice after the state of the 12 month suspension in II above that the person has accumulated 90 additional 

points above that needed to determine the suspension and these additional points were accumulated during the same period of time as those 

used to determine the suspension. (2) If there has been 1 or more prior suspensions or revocations within 7 years under 625 ILCS 5/6-

206(a)(3), the following licensing action is taken: 0-14 points = no action; 15 or more points = revocation (1 year). (3) If there have been 2 

or more prior suspensions or revocations within 7 years not related to 625 ILCS 5/6-206(a)(3), the following licensing action is taken: 0-14 

points = no action; 15-109 points = 12 month suspension; 110 or more points = revocation (1 year) 92 IL ADC § 1040.40(c). 138 Aggravated street racing is street racing which involves a motor vehicle accident that resulted in great bodily harm or permanent 

disability or disfigurement to another, where the violation was the proximate cause of the injury. 625 ILCS 5/11-506(d)(3).
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SUMMARY OF SPEED LAWS, 12TH EDITION

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Permitting vehicle to be used:

First offense – Not more than 6 months and/or not more than $1,500;

Second or subsequent offense – Any term of less than 1 year and/or

not more than $2,500. 730 ILCS 5/5-4.5-55; 730 ILCS 5/5-4.5-60.

Aggravated street racing: Not less than 1 year or more than 12 years

and/or not less than $500 or more than $25,000. 625 ILCS 5/11-

506(d)(3);730 ILCS 5/5-4.5-50; 730 ILCS 5/5-4.5-45.

 Mandatory Minimum Term / Fine: The base terms listed above are mandatory minimums.

Licensing Action:

Type (Suspension / Revocation): Revocation. 625 ILCS 5/6-205(a)(14).

Term of License Suspension / 

Revocation:

1 year. 625 ILCS 5/6-208(b)(1).

 Mandatory Term: None. A hardship license may be issued for employment purposes. 

625 ILCS 5/6-205(c).

Other: There is a special fine of $4 for each $40 of fine that is imposed. 

625 ILCS 5/16-104a.

Reckless Driving: Class A misdemeanor. 625 ILCS 5/11-503(a), (b).

Class 4 felony (if bodily harm is caused to a child or school crossing 

guard [while performing duties]. 625 ILCS 5/11-503(b-1).

Sanctions:

 Imprisonment Term / Fine: Class A misdemeanor: Any term less than 1 year and/or not more 

than $2,500. 730 ILCS 5/5-4.5-55. Class 4 felony: Not less than 1 

year or more than 3 years and/or not more than $25,000.

730 ILCS 5/5-4.5-45.

Mandatory Minimum Term / Fine: None

Licensing Action:

 Type (Suspension / Revocation): Suspension or Revocation through the point system. Revocation

upon 3 convictions within 12 months. 625 ILCS 5/6-205(a)(6).

Term of License Suspension / 

Revocation:

1 year. 625 ILCS 5/6-208(b)(1).

 Mandatory Term: None. A hardship license may be issued for employment purposes. 

625 ILCS 5/6-205(c).

Other: There is a special fine of $4 for each$40 of fine that is imposed. 

625 ILCS 5/16-104a.

Aggravated Reckless Driving:

139 Class 4 felony 625 ILCS 5/11-503(a), (c).

Class 3 felony (if great bodily harm/permanent disability or 

disfigurement is caused to a child or a school crossing guard [while 

 

139 Aggravated reckless driving is reckless driving that results in either “great bodily harm or permanent disability or disfigurement to 

another.”625 ILCS 5/11-503(c).
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SUMMARY OF SPEED LAWS, 12TH EDITION

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performing duties]). 625 ILCS 5/11-503(d).

Sanctions:

 Imprisonment Term / Fine: Class 4 felony –Not less than 1 year or more than 3 years and/or not 

more than $25,000. 730 ILCS 5/5-4.5-45; 730 ILCS 5/5-4.5-50.

Class 3 felony – Not less than 2 years or more than 5 years and/or not 

more than $25,000. 730 ILCS 5/5-4.5-40; 730 ILCS 5/5-4.5-50..

 Mandatory Minimum Term / Fine: Class 4 felony – 1 year.

Class 3 felony – 2 years.

Licensing Action:

Type (Suspension / Revocation): Revocation upon 3 convictions within 12 months. 

625 ILCS 5/6-205(a)(6).

Term of License Suspension / 

Revocation:

Not more than 1 year. 625 ILCS 5/6-208(b)(1).

Mandatory Term: None. A hardship license may be issued for employment purposes. 

625 ILCS 5/6-205(c).

 Other: There is a special fine of $4 for each $40 of fine that is imposed. 

625 ILCS 5/16-104a.

Squealing or Screeching of Tires: Petty offense – First or second offenses;

Class C misdemeanor – Third offense (within 1 year).

625 ILCS 5/11-505; 625 ILCS 5/16-104.

Sanctions:

Imprisonment Term / Fine: First or second offenses– Not more than $1,000;

Third offense (within 1 year) – Not more than 30 days and/or not more 

than $1,500. 730 ILCS 5/5-4.5-75; 730 ILCS 5/5-4.5-65.

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Suspension or Revocation based on 3 traffic offenses within a 12-

month period, or on repeated traffic law convictions which indicate a 

disrespect of the traffic laws. 625 ILCS 5/6-206(a)(2), (3).

Term of License Suspension / 

Revocation:

Suspension– Not more than 1 year. 

Revocation– 1 year. 625 ILCS 5/6-208(a), (b)(1).

A point system is used by the licensing agency to determine the length 

of any suspension or whether to impose a revocation.

 Mandatory Term: None. Licensing action by the State is discretionary. 

625 ILCS 5/6-206.

Other: There is a special fine of $4 for each $40 of fine that is imposed. 

625 ILCS 5/16-104a.

Automated Speed Enforcement: Limited. Automated traffic control systems are permitted within 

safety zones, or when a State law enforcement officer is present at the 

scene and witnesses the event. In all other instances, speed cameras 

are prohibited. 625 ILCS 5/11-612; 625 ILCS 5/11-208.3; 625 ILCS
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SUMMARY OF SPEED LAWS, 12TH EDITION

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5/11-208.6; 208.8; 625 ILCS 5/6-306.5

Limitations of Use of Speed 

Measurement Devices:

No statutory provisions. At a minimum, LIDAR devices are 

permitted. See People v. Mann, 922 N.E.2d 533 (Ill.App. 2 Dist. 

2010). And, by implication, radar and laser devices are permitted, 

since jamming devices are specifically prohibited. 

See 625 ILCS 5/12-613.

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a 

vehicle that person commits 2 “serious traffic violations”140 within a 3-

year period or 3 such violations within a 3-year period. 

625 ILCS 5/6-514(e).

Period of Disqualification: Two serious violations (within 3 years) – Not less than 2 months; 

Three serious violations (within 3 years) – Not less than 4 months. 

625 ILCS 5/6-514(e).

 

140 A “serious traffic violation” includes exceeding the speed limit by 15 or more mph and reckless driving. 625 ILCS 5/6-500(26).
INDIANA

SUMMARY OF SPEED LAWS, 12TH EDITION

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JURISDICTION INDIANA

Reference: Indiana Code

Indiana Administrative Code (IN ADC)

Basis for a Speed Law Violation: 

Basic Speed Rule: A person may not drive a vehicle at a speed greater than is reasonable 

and prudent under the conditions, having regard to the actual and 

potential hazards then existing. This includes special hazards such as 

going around a curve, approaching a hill, traveling upon a narrow or 

winding roadway. IN ST §9-21-5-1; IN ST § 9-21-5-4.

Statutory Speed Limit: 70 mph (except for vehicles having a declared gross weight greater 

than 26,000lbs.) on an interstate or defense highway located outside 

an urban area with a population at least 50,000. 

65 mph for vehicles having a declared gross weight greater than 

26,000 lbs. on an interstate or defense highway located outside an 

urban area with a population at least 50,000. 

65 mph on:

(A) U.S. 20 from the intersection of U.S. 20 and County Road 17 in 

Elkhart County to the intersection of U.S. 20 and U.S. 31 in St. 

Joseph County; (B) U.S. 31 from the intersection of U.S. 31 and U.S. 

20 in St. Joseph County to the boundary line between Indiana and 

Michigan; and (C) a highway classified by the Indiana Department of 

Transportation as an INDOT Freeway. 

60 mph on a highway: 

(A) not designated part of the national system of interstate and 

defense highways; (B) has four (4) or more lanes; (C) is divided into 

two (2) or more roadways by: (i) an intervening space that is 

unimproved and not intended for vehicular travel; (ii) a physical 

barrier; or (iii) a dividing section constructed to impede vehicular 

traffic; and (D) is located outside an urbanized area.

55 mph on other highways.

30 mph in an urban district.

15 mph in an alley. IN ST § 9-21-5-2.

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State 

Department of Transportation may increase or lower the above speed 

limits on any part of a highway. IN ST § 9-21-5-3; 

IN ST § 9-21-5-12(a).

II. Based on engineering and traffic investigations, a local government 

may increase or decrease the maximum speed on any part of a 

highway or establish the maximum safe speed on the streets within its 

jurisdiction. IN ST § 9-21-1-3(a)(5), (11); IN ST § 9-21-5-3; 

IN ST § 9-21-5-6(a), (b).

Minimum Speed Limit: I. A person shall not drive a motor vehicle at a slow speed that 

impedes or blocks the normal and reasonable movement of traffic. 

IN ST § 9-21-5-7.

II. A person driving at less than the normal speed of traffic shall drive 

in the right-hand lane then available for traffic or as close as 
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SUMMARY OF SPEED LAWS, 12TH EDITION

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practicable to the right-hand curb or edge of the roadway. 

IN ST § 9-21-5-9; IN ST § 9-21-8-2(b).

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State Department 

of Transportation or a local government, for highways within its 

jurisdiction, may establish a minimum speed on any part of a highway. 

IN ST § 9-21-5-8

Other: I. A vehicle with a gross weight greater than 26,000 lbs. shall not be 

driven at speed greater than 65 mph. IN ST § 9-21-5-2.

II. An “oversized vehicle” shall not be driven at a speed greater than 

55 mph. IN ST § 9-21-5-5.

III. Based on engineering and traffic investigations, the State 

Department of Transportation may establish a safe maximum speed on 

any bridge or elevated structure. IN ST § 9-21-5-10.

IV. The State Department of Transportation or a local government may 

establish a temporary safe maximum speed limit at a worksite, which 

must be 10 miles below the maximum established speed limit. I

N ST § 9-21-5-11.

V. A vehicle that is not ordinarily operated at speed greater than 25 

mph cannot be operated above this speed. Such vehicles include 

pulled, towed, self-propelled or animal-drawn vehicles. 

IN ST § 9-21-9-1

VI. A school bus cannot be driven greater than 60 mph on a Federal or 

State highway or greater than 40 mph on any country or township 

highway. IN ST § 9-21-5-14.

Low Speed Vehicles:

Permitted on Public Roads

(Yes/No):

Yes. On public roads with a speed limit of 35 mph or less. 

IN ST § 9-21-5-8.5.

Maximum Speed Permitted: 35 mph. IN ST § 9-13-2-94.5.

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Class C infraction – Speed violation.

Class B infraction – Speed violation near a school when children are 

present; near a worksite when workers are present. 

Class C misdemeanor – Operating a school bus while knowingly or 

intentionally exceeding the speed limit.

IN ST § 9-21-5-13; IN ST § 9-21-8-49; IN ST § 9-21-9-7.

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: Class C infraction – Not more than $500. IN ST § 34-28-5-4.

Class B infraction – Not more than $1,000. IN ST § 34-28-5-4.

Class C misdemeanor – Not more than 60 days and may be fined not 

more than $500. IN ST § 35-50-3-4.

Mandatory Minimum Term / Fine: None

Other Penalties:

Traffic School: Note: If a person attends a defensive driving course, that person’s 
INDIANA

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75

point accumulation total is reduced by 4 points. 140 IN ADC §1-4.5-7.

 Other: Exceeding Construction Zone Speed Limit: 

First offense – At least $300;

Second offense (within 3 years) – At least $500;

Third or subsequent offense (within 3 years) - $1,000. 

IN ST § 9-21-5-11.

Licensing Action:

Type (Suspension / Revocation): Suspension.

141 IN ST § 9-30-4-9(a)(4).

Term of License Suspension / 

Revocation:

Not more than 1 year. IN ST § 9-30-4-9(g).

Mandatory Term: None

Other Criminal Actions Related to 

Speeding:

Racing on Highway: Class B misdemeanor. IN ST § 9-21-6-1; IN ST § 9-21-6-3

Sanctions:

Imprisonment Term / Fine: Not more than 180 days and may be fined not more than $1,000. 

IN ST § 35-50-3-3.

 Mandatory Minimum Term / Fine: None. A court may suspend the sentence in a misdemeanor. IN ST § 

35-50-3-1.

Licensing Action:

Type (Suspension / Revocation): Suspension. IN ST § 9-30-4-9(a)(4).

 Term of License Suspension / 

Revocation:

Not more than 1 year. IN ST § 9-30-4-9(g).

 Mandatory Term: None. A restricted license for employment is available. 

IN ST § 9-24-15-2.

Other: 8 points assessed against driving record. 140 IN ADC § 1-4.5-10.

Reckless Driving:

142 Class B misdemeanor. IN ST § 9-21-8-50; IN ST § 9-21-8-52.

Class A misdemeanor. IN ST § 9-21-8-52

Sanctions:

 

141 Point System: I. The following points have been assigned to speeding or speed-related violations: 1-15 mph over the speed limit = 2 

points; 16-25 mph over the speed limit = 4 points; over 25 mph over the speed limit= 6 points; speeding in a school bus, where the speed 

is not indicated or where the speed is 1-15 mph in excess of limit = 6 points; speeding in a school bus, where the speed is greater than 15 

mph in excess of the limit = 8 points; minimum speed law violation (including not driving in the right-hand lane when proceeding at less 

than the normal speed of traffic) = 2points; unsafe speed on bridge or elevated structure = 4 points; speed contest = 8 points; reckless 

driving = 6 points; reckless driving resulting in either personal injury or property damage = 8 points (plus mandatory suspension for a 

period of up to 1 year); criminal reckless driving = 8 points (plus mandatory suspension for a period of up to 1 year). IN ST § 9-14-2-2; 

140 IN ADC § 1-4.5-2; IN ADC § 1-4.5-10. 142 Reckless driving is defined as: (1) operating a vehicle at such a high or low rate of speed such as to endanger the safety or property of 

others or block the proper flow of traffic; (2) passing another vehicle from the rear while on a slope or on a curve where vision is obstructed 

for a distance of less than 500 feet ahead; (3) driving in and out of a line of traffic, except as otherwise permitted; (4) speeding up or 

refusing to give half of the roadway to a driver desiring to either pass or overtake; (5) passing a school bus where the arm signal device is 

in an extended position; or (6) operating a tractor-trailer so as to endanger the safety or property of others, or block the flow of traffic. IN 

ST § 9-21-8-52(a); IN ST § 9-21-8-50.
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 Imprisonment Term / Fine: Class B misdemeanor – Not more than 180 days and may be fined 

not more than $1,000;

Class A misdemeanor (bodily injury to a person) –Not more than 1 

year and may be fined not more than $5,000.

IN ST § 35-50-3-3; IN ST § 35-50-3-2.

Mandatory Minimum Term / Fine: None.

Licensing Action:

 Type (Suspension / Revocation): Suspension. IN ST § 9-30-4-9(a)(4).

Term of License Suspension / 

Revocation:

Not more than 1 year. If the offense resulted in property damage or 

bodily injury to another person, an offender's license is subject to 

suspension of not less than 30 days or more than 1 year. 

IN ST § 9-21-8-52(b); IN ST § 9-30-4-9(g).

 Mandatory Term: Limited. A restricted license for employment purposes may be issued. 

IN ST §9-24-15-2. However, there is a 30-day mandatory suspension 

if the offense resulted in property damage. IN ST § 9-21-8-52(b); 

140 IN ADC §1-4.5-10(d).

Other: 6 points assessed against driving record. 140 IN ADC § 1-4.5-10.

Criminal Recklessness:

143 Class A misdemeanor. IN ST § 35-42-2-2(b).

Sanctions:

 Imprisonment Term / Fine: Not more than 1 year and may be fined not more than $5,000.

IN ST § 35-50-3-2.

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Suspension. IN ST § 9-30-13-1; 140 IN ADC § 1-4.5-10.

Term of License Suspension / 

Revocation:

Not less than 60 days or more than 2 years. IN ST § 9-30-13-1.

Mandatory Term: The 60-day suspension is mandatory. IN ST § 9-30-13-1; 

140 IN ADC §1-4.5-10(d).

 Other: 8 points assessed against driving record. 140 IN ADC § 1-4.5-10(d).

Aggressive Driving:

144 Class A misdemeanor. IN ST § 9-21-8-55.

 

143 A person commits “criminal recklessness” if that person operates a motor vehicle in such a manner as to create a substantial risk of 

bodily injury. IN ST § 35-42-2-2(b). 144 A person commits aggressive driving if, during one episode of continuous driving of a vehicle, the person does or commits at least three 

of the following: (1) Following a vehicle too closely in violation of IN ST § 9-21-8-1; (2) Unsafe operation of a vehicle in violation of IN 

ST § 9-21-8-24.; (3) Overtaking another vehicle on the right by driving off the roadway in violation of IN ST § 9-21-8-6; (4) Unsafe 

stopping or slowing a vehicle in violation of IN ST § 9-21-8-26; (5) Unnecessary sounding of the horn in violation of IN ST § 9-19-5-2; (6) 

Failure to yield in violation of IN ST § 9-21-8-29 through IN ST § 9-21-8-34;(7) Failure to obey a traffic control device in violation of IN 

ST § 9-21-8-41; (8) Driving at an unsafe speed in violation of IC 9-21-5; (9) Repeatedly flashing the vehicle's headlights. 

IN ST § 9-21-8-55.
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Sanctions:

 Imprisonment Term / Fine: Not more than 1 year and may be fined not more than $5,000. 

IN ST § 9-21-8-55; IN ST § 35-50-3-2.

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Suspension. IN ST § 9-30-4-9(a).

Term of License Suspension / 

Revocation:

Not more than 1 year. IN ST § 9-30-4-9(g).

Mandatory Term: None

 Other: 2-6 points may be assessed against a driving record. 

140 IN ADC § 1-4.5-10.

Automated Speed Enforcement: No statutory provision.

145

Limitations of Use of Speed 

Measurement Devices:

No statutory provisions. It appears, however, that radar devices are 

permitted. See e.g., State v. Bisard, 973 N.E.2d 1229 (Ind. App., 2012).

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person is subject to CDL disqualification if, while operating a CMV, 

that person commits 2 “serious traffic violations”146 within a 3-year 

period or 3 or more violations within a 3-year period. 

IN ST § 9-24-6-7.

Period of Disqualification: Two serious violations (within 3 years) – 60 days;

Three or more serious violations (within 3 years) – 120 days. 

IN ST § 9-24-6-7.

 

145 Indiana permits the use of automated traffic law enforcement systems which use sensors to photograph a motor vehicle as it proceeds 

through a tollgate or toll zone. This definition does not include detection of speed. See IN ST § 9-21-3.5-2. There are no provisions either 

permitting or prohibiting the use of speed cameras.

146 A “serious traffic violation” includes exceeding the speed limit by 15 or more mph, reckless driving, and aggressive driving. 

IN ST § 9-24-6-6(a). 
IOWA

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JURISDICTION IOWA

Reference: Iowa Code Annotated 

Iowa Administrative Code (IA ADC)

Basis for a Speed Law Violation: 

Basic Speed Rule: A person shall drive a motor vehicle at a careful and prudent speed not 

greater than nor less than is reasonable and proper, having due regard 

to the traffic, surface and width of the highway and of any other 

conditions then existing, and no person shall drive any vehicle upon a 

highway at a speed greater than will permit the person to bring it to a 

stop within the assured clear distance ahead. IA ST §321.285; 

IA ST § 321.288.

Statutory Speed Limit: 70 mph on interstate highways;(IA ST § 321.285(5)(a))

65 mph on other controlled-access, multilane highways;

(IA ST § 321.285(5)(a))

55 mph on other highways or on surfaced secondary roads;

(IA ST § 321.285(3))

45 mph in suburban districts;(IA ST § 321.285(2)(a)(3))

45 mph on roads under the control of the State Board of Regents; 

(IA ST § 262.68)

35 mph on State parks and preserve roads;(IA ST § 461A.36)

25 mph in a residence or school district;(IA ST § 321.285(2)(a)(2))

20 mph in a business district;(IA ST § 321.285(2)(a)(1))

Posted (Maximum) Speed Limit: I. The State may also establish a speed limit of 65 mph on certain 

non-limited access divided multi-lane highways. 

IA ST § 321.285(5)(a).

II. Based on engineering and traffic investigations, the State may 

increase or decrease the above speed limits on the primary road 

system or a city government on streets within its jurisdiction (except 

primary road extensions). IA ST § 321.290.

III. The State or a city may lower the 65 mph speed limit upon 

highways located within the corporate limits of a city. 

IA ST § 321.285(5)(b).

IV. Local authorities have the authority to regulate the speed in public 

parks and alleys. IA ST § 321.236(5), (11).

V. With State approval, a local government may increase the statutory 

speed limits listed above (in IA ST § 321.285). However, any new 

speed limit cannot exceed 55 mph. IA ST § 321.293.

VI. The Natural Resource Commission may reduce the speed limit on 

State parks and preserve roads when such is needed to improve safety. 

IA ST § 461A.36.

VII. The Board of Regents may establish lower speed limits on roads 

under their jurisdiction in the interest of safety. IA ST § 262.68.

Minimum Speed Limit: I. A person shall not drive a motor vehicle at such a slow speed to 

impede or block the normal and reasonable movement of traffic. 

IA ST § 321.294.

II. A vehicle which cannot attain and maintain a speed of 40 mph 

cannot be driven on the interstate system. IA ST § 321.285(5)(e).
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III. A person driving at less than the normal speed of traffic shall drive 

in the right-hand lane then available for traffic or as close as 

practicable to the right-hand curb or edge of the roadway. 

IA ST § 321.297(2).

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State may 

establish a minimum speed limit on controlled-access, multi-lane

highways including interstate highways. IA ST § 321.285(5).

Other: I. Based on a safety investigation, the State may establish a safe 

maximum speed limit for any bridge or elevated structure. 

IA ST § 321.295;

IA ST § 321.381A.

II. A person operating a motor vehicle shall reduce the speed to a 

reasonable and proper rate when: (1) approaching and passing a person 

walking in the traveled portion of the public highway; (2) approaching 

and passing an animal which is being led, ridden, or driven upon a 

public highway; (3) approaching and traversing a crossing or 

intersection of public highways, or a bridge, sharp turn, curve, or steep 

descent, in a public highway; (4) approaching and passing an 

emergency warning device displayed or an emergency vehicle 

displaying a revolving or flashing light; (5) approaching and passing a 

slow moving vehicle; and (6) approaching and passing through a signposted road work zone upon the public highway. IA ST § 321.288.

Low Speed Vehicles:

Permitted on Public Roads

(Yes/No):

Yes. On public roads with a speed limit of 35 mph or less. 

IA ST § 321.381A.

Maximum Speed Permitted: 25 mph. 49 CFR 571.3.

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Simple misdemeanor. IA ST § 262.68; IA ST § 321.482; 

IA ST § 461A.57.

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: Not more than 30 days and/or not less than $65 or more than 

$625.

147 IA ST § 903.1(1)(a); see Schedule Violations.

Mandatory Minimum Term / Fine: The fines listed appear to be mandatory minimums.

 

147 Schedule Violations. Most speed law violations are considered “scheduled violations” for which the following fines are provided. IA 

ST § 805.8; IA ST § 805.8A. I. The fine schedule for speeding offenses in speed zones greater than fifty-five mph is as follows: not 

more than 5 mph over the speed limit = $20; 6-10 mph over the limit = $40; 11-15 mph over the limit = $80; 16-20 mph over the limit = 

$90; for each mile over 20 mph = $100 plus $5. IA ST § 805.8A(5)(b). II. In speed zones with a statutory speed limit (see “Statutory 

Speed Limit” above), the fine schedule for speeding violations is as follows: not more than 5 mph over the speed limit = $20; 6-10 mph 

over the limit = $40; 11-15 mph over the limit = $80; 16-20 mph over the limit = $90; for each mile over 20 mph = $100 plus $5. IA ST § 

805.8A(5)(a). The fine schedule for the following violations is as follows: (1) violating the posted safe speed limit for a bridge or elevated 

structure = $50 (IA ST § 805.8A(5)(e)); violating the minimum speed rule (i.e., driving too slowly) = $100 (IA ST § 805.8A(8)); failing to 

drive in the right-hand lane of traffic when proceeding at a speed less than the normal speed of traffic = $100 (IA ST § 805.8A(6)(c)); 

failing to control vehicle and reduce speed to reasonable and proper rate = $100 (IA ST § 805.8A(6)(c)).
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SUMMARY OF SPEED LAWS, 12TH EDITION

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Other Penalties:

Traffic School: Driver Improvement Program.

148 IA ADC 761-615.43(1)(a).

 Other: Road Work Zone. For exceeding the speed limit in a road work zone, 

the fine is doubled. The schedule fine is as follows: not more than 10 

mph over the limit = $150; 11-20 mph over the limit = $300; 21-25 

mph over the limit = $500; greater than 25 mph over the limit = $1,000.

IA ST § 321.1(66); IA ST § 805.8A(14)(i).

Licensing Action:

Type (Suspension / Revocation): Suspension.

149 IA ST § 321.210(1).

Term of License Suspension / 

Revocation:

Not less than 30 days or more than 1 year.

150 IA ST § 321.212(1)(a); 

IA ADC 761-615.11(1).

Mandatory Term: None. A restricted license is available for employment, educational or 

medical purposes. IA ST § 321.215(1).

Miscellaneous Sanctions Not Include 

Elsewhere:151

I. An offender is assessed an additional penalty of 35% of the fine 

imposed. IA ST § 911.1.

II. Civil Penalty. If an offender's license is suspended, that person is 

subject to a civil penalty of $200 (if 19 years old or younger, the civil 

penalty is $50). IA ST § 321.218A.

Other Criminal Actions Related to 

Speeding:

Drag Racing on Highway: Simple misdemeanor. IA ST § 321.278.

Sanctions:

Imprisonment Term / Fine: Not more than 30 days and/or not less than $65 or more than $625. 

IA ST § 903.1(1)(a).

 

148 The licensing agency may require a person who is convicted of a speeding violation of 25-29 mph over the speed limit or for habitual 

traffic law violation to attend a driver improvement program. This program is in lieu of license suspension. However, a person cannot be 

assigned to this program more than once in 2 years. IA ADC 761-615.43(1)(a)(2) and (b). 149 A person's license may be suspended if that person is a habitual offender of the traffic laws or if that person commits a serious offense. 

IA ST § 321.210(1)(b).

150 I. For licensing action based on habitual violations of the traffic laws, the following suspensions apply: 3 convictions within 12 months 

= 90 days; 4 convictions within 12 months = 120 days; 5 convictions within 12 months =150 days; 6 convictions within 12 months = 180 

days; and 7 or more convictions within 12 months = 1 year. IAC 761-615.13(2) Note: The licensing agency is not to consider the first 

two speeding violations within a 12-month period involving excess speed which was not more than 10 mph over the speed limit in speed 

zones having limits between 34 and 56 mph. IA ST § 321.210(2)(d). 

II. For licensing actions based on a serious violation (i.e. exceeding the speed limit by 25 mph or more), State regulations provide for

graduated license suspension periods depending upon the speed of the vehicle; e.g., a person convicted of speeding 25 mph over the speed 

limit is subject to a 60 day suspension; a person convicted of speeding 49 mph over the speed limit is subject to a 1 year license suspension. 

IAC 761-615.17(2)(c). 151 I. A person commits an aggravated misdemeanor if he/she exceeds the speed limit by 25 mph while eluding a law enforcement officer. 

The sanctions for an aggravated misdemeanor are jail for not more than 2 years and/or a fine of not less than $625 or more than $6,250 and 

a surcharge that is equal to 32% of any fine imposed. IA ST § 321.279(2); IA ST § 903.1(2); IA ST § 911.1. 

II. A person commits a Class D felony if he/she exceeds the speed limit by 25 mph while eluding a law enforcement officer and commits

one of the following: (1) participates in a public offense which is a felony (IA ST § 702.13); (2) violates the drunk driving law (IA ST § 

321J.2); (3) violates the controlled substance law (IA ST § 124.401; or (4) causes bodily injury to another person during the offense. The 

sanctions for this felony are imprisonment for not more than 5 years and a fine of $750 to $7,500 and a surcharge that is equal to 32% of 

any fine imposed. IA ST § 321.279(3); IA ST § 902.9(5); IA ST § 911.1.
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SUMMARY OF SPEED LAWS, 12TH EDITION

81

 Mandatory Minimum Term / Fine: $65. IA ST § 903.1(1)(a).

Licensing Action:

Type (Suspension / Revocation): Revocation. IA ST § 321.209(6).

Term of License Suspension / 

Revocation:

First offense (with no personal injury or property damage) – At least 6 

months. IA ST § 321.212(1)(c).

First offense (with personal injury or property damage) or subsequent 

offense – Not more than 1 year. IA ST § 321.212(1)(a).

 Mandatory Term: None. A restricted license is available for employment, educational or 

medical purposes. IA ST § 321.215.

Other: I. An offender is assessed an additional penalty of 35%of the fine 

imposed. IA ST § 911.1.

II. Civil Penalty. If an offender's license is revoked, that person is 

subject to a civil penalty of $200 (if age 19 or younger, the civil 

penalty is $50) IA ST § 321.218A.

III. Road Work Zone. For a violation of the careless driving law in a 

road work zone, the fine is doubled. The schedule fine is as follows: 

not more than 10 mph over the limit = $150; 11-20 mph over the limit 

= $300; 21-25 mph over the limit = $500; greater than 25 mph over the 

limit = $1,000. IA ST § 321.1(66); IA ST § 805.8A(14)(i).

Reckless Driving: Simple misdemeanor. IA ST § 321.277.

Sanctions:

 Imprisonment Term / Fine: Not more than 30 days and/or not less than $65 or more than $625. 

IA ST § 903.1(1)(a).

Mandatory Minimum Term / Fine: $65. IA ST § 903.1(1)(a).

Licensing Action:

 Type (Suspension / Revocation): Suspension. IA ST § 321.210(1)(f).

Term of License Suspension / 

Revocation:

Not less than 30 days or more than 1 year. IA ST § 321.212(1)(a); 

IA ADC 761.615.11.

 Mandatory Term: 30 days. A restricted license is available for employment, educational 

or medical purposes. IA ST § 321.215(1).

Other: I. An offender is assessed an additional penalty of 35 % of the fine 

imposed. IA ST § 911.1.

II. Civil Penalty. If an offender's license is suspended, he/she is 

subject to a civil penalty of $200. (If 19 years old or younger, the civil 

penalty is $50.) IA ST § 321.218.

III. Road Work Zone. For a violation of the careless driving law in a 

road work zone, the fine is doubled. The schedule fine is as follows: 

not more than 10 mph over the limit = $150; 11-20 mph over the limit 

= $300; 21-25 mph over the limit = $500; greater than 25 mph over the 

limit = $1,000. IA ST § 321.1(66); IA ST § 805.8A(14)(i).
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SUMMARY OF SPEED LAWS, 12TH EDITION

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Careless Driving:

152 Simple misdemeanor. IA ST § 321.277A; IA ST § 321.482.

Sanctions:

 Imprisonment Term / Fine: Not more than 30 days and/or not less than $65 or more than $625. 

IA ST § 903.1(1)(a).

 Mandatory Minimum Term / Fine: $65. IA ST § 903.1(1)(a).

Licensing Action:

Type (Suspension / Revocation): Suspension. IA ST § 321.210.

Term of License Suspension / 

Revocation:

Not less than 30 days or more than 1 year. IA ST § 321.212(1)(a); 

IA ADC C 761-615.11.

Mandatory Term: 30 days. A restricted license is available for employment, education 

or medical purposes. IA ST § 321.215(1).

 Other: I. An offender is assessed an additional penalty of 35% of the fine 

imposed. IA ST § 911.1.

II. Civil Penalty. If an offender's license is suspended, that person is 

subject to a civil penalty of $200. (If 19 years old or younger, the civil 

penalty is $50.)IA ST § 321.218A.

III. Road Work Zone. For a violation of the careless driving law in a 

road work zone, the fine is doubled. The schedule fine is as follows: 

not more than 10 mph over the limit = $150; 11-20 mph over the limit 

= $300; 21-25 mph over the limit = $500; greater than 25 mph over the 

limit = $1,000. IA ST § 321.1(66); IA ST § 805.8A(14)(i).

Automated Speed Enforcement: Yes by S.P.153

Limitations of Use of Speed 

Measurement Devices:

No statutory provisions. It appears that radar devices are permitted, 

since radar jamming devices are expressly prohibited. 

IA ST § 321.232. Seee.g., State v. Predka, 555 N.W.2d 202 

(Iowa 1996).

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a 

vehicle that person commits 2 or more serious traffic offenses154

within a 3-year period. IA ST § 321.208(6).

Period of Disqualification: Two violations (within 3 years) – 60 days; 

Three violations (within 3 years) – 120 days. IA ST § 321.208(8).

 

152 “Careless driving” consists of intentionally operating a motor vehicle by: (1) creating or causing unnecessary tire squealing, skidding or 

sliding upon acceleration or stopping; (2) simulating a temporary race; (3) causing any wheel or wheels to unnecessarily lose contact with 

the ground; and (4) causing the vehicle to unnecessarily turn abruptly or sway. IA ST § 321.277A. 153 It appears local governments may enact additional traffic regulations as long as they are not in conflict with the goal of uniformity 

throughout the State. IA ST § 321.235; IA ST § 321.236. In City of Davenport v. Seymore, 755 N.W.2d 533 (Iowa 2008), the court held 

that those statutes, along with others in the Iowa Code, do not preempt a local government from using automated traffic enforcement 

systems.

154 Serious traffic violations include reckless driving and speeding 15 mph or more over the speed limit. IA ST § 321.208(6).
KANSAS

SUMMARY OF SPEED LAWS, 12TH EDITION

83

JURISDICTION KANSAS

Reference: Kansas Statutes Annotated 

Basis for a Speed Law Violation: 

Basic Speed Rule: I. A person shall not operate a vehicle at a speed greater than is 

reasonable and prudent under the conditions and having regard to the 

actual hazards then existing. 

II. Every person shall drive at a safe and appropriate speed when 

approaching and crossing an intersection or railroad grade crossing, 

when approaching and going around a curve, when approaching a hill 

crest, when traveling upon any narrow or winding roadway, and when 

special hazards exist with respect to pedestrians or other traffic or by 

reason of weather or highway conditions. KS ST §8-1557.

Statutory Speed Limit: 75 mph on multi-lane highways as designated by the State Secretary of 

Transportation;

65 mph on all other highways except a county or township highway;

55 mph on a county or township highway;

30 mph in an urban district. KS ST §8-1558.

Posted (Maximum) Speed Limit: I. The State Secretary of Transportation may decrease the above speed 

limits.155 KS ST §8-1559(a)(1).

II. The State Secretary of Transportation or local government 

authorities may establish a speed limit in a construction zone. 

KS ST §8-1559(c); KS ST §8-1560(f).

III. Based on engineering and traffic investigations, a local government 

may increase or decrease the above speed limits within its jurisdiction. 

However, the following limitations apply: (1) a speed limit in an urban 

district cannot be greater than 65 mph; (2) outside an urban or 

residence district, the speed limit cannot be less than 20 mph; (3) 

within an urban district school zone, when students are going either to 

or from school, the speed limit cannot be less than 20 mph. 

KS ST §8-1560(a),(b); KS ST § 1560a; KS ST § 1560b; 

KS ST § 8-2002

IV. Local authorities that have authority over a county or township may 

establish proper highway speed limits within these jurisdictions. Such 

speed limits may be established with or without an engineering or 

traffic investigation. However, no speed limit shall be established at 

greater than 65 mph. KS ST §8-1560(h).

Minimum Speed Limit: I. No person shall operate a motor vehicle at such a slow speed as to 

impede the normal and reasonable movement of traffic. 

KS ST §8-1561(a).

 

155 The Secretary may decrease such limits based either on engineering and traffic investigations or on other information that is available. 

Under no circumstances is the secretary authorized to increase a speed limit in excess of the statutory maximum limits. KS ST § 8-1559(a), 

(d). In addition, the State may establish different highway speed limits for different types of vehicles (i.e., trucks), at different times of the 

day, for various weather conditions or for other factors bearing on safe speeds. KS ST § 8-1559(b).
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SUMMARY OF SPEED LAWS, 12TH EDITION

84

II. A person driving at less than the normal speed of traffic shall drive 

in the right-hand lane then available for traffic or as close as 

practicable to the right-hand curb or edge of the roadway. 

KS ST §8-1514(b).

Posted (Minimum) Speed Limit: I. Based on engineering and traffic investigations, either the State 

Secretary of Transportation or local government authorities may 

establish a minimum speed limit on any highway or part thereof. 

KS ST §8-1561(b).

II. Based on engineering and traffic investigations, either the State 

Secretary of Transportation or local government authorities may 

establish a maximum speed limit on any bridge or elevated structure. 

KS ST §8-1563(c), (d).

Other: II. A vehicle that is towing a house trailer shall not be operated at a 

speed greater than 55 mph. KS ST §8-1563(a).

II. A vehicle equipped with solid rubber tires shall not be operated at a 

speed greater than 10 mph. KS ST § 8-1563(b).

Low Speed Vehicles:

Permitted on Public Roads

(Yes/No):

Yes. On public roads with a speed limit of 40 mph or less.

KS ST § 8-15,101.

Maximum Speed Permitted: 25 mph. KS ST § 8-1488.

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Traffic infractions. KS ST §8-2116; KS ST § 8-2118; 

KS ST § 21-5102.

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: Not more than $500.

156 KS ST §21-6611(d).

Mandatory Minimum Term / Fine: The fine schedule appears to be mandatory minimums. 

Other Penalties:

Traffic School: If an offender is subject to a license suspension because of 3 or more 

moving violations within 12 months, that person may be allowed to 

maintain driving privileges by attending a driver improvement clinic. 

KS ST §8-255(f).

 Other: School / Construction Zones: For speeding violations committed 

within a school or construction zone, the fine is double the usual 

 

156 If a person either waives right to a trial or pleads guilty or no contest to a traffic infraction, the fine imposed shall be no greater than that 

specified in the uniform fine schedule. Under this schedule, the following fines are imposed for speeding offenses: I. For violating the 

basic speed rule, the fine is $75; 1-10 mph over the speed limit = $45; 11-20 mph over the limit = $45plus $6 for every mile over 10 mph; 

21-30 mph over the limit = $105plus $9 for every mile over 20 mph; 31 mph or more = $195plus $15 for every mile above 30 mph. II. 

Other violation: impeding the normal flow of traffic = $45; speeding on a motor-driven cycle = $75; exceeding the post maximum safe 

speed on a bridge or elevated structure = $45; failing to drive in the right lane when proceeding slower than the normal speed of traffic = 

$75. KS ST § 8-2118(c).
KANSAS

SUMMARY OF SPEED LAWS, 12TH EDITION

85

amount for a speeding offense. KS ST §8-2118(e), (g).

Licensing Action:

Type (Suspension / Revocation): Revocation, Suspension or Restriction.

157 KS ST §8-255(a). 

Term of License Suspension / 

Revocation:

Not more than 1 year. KS ST §8-256.

Mandatory Term: None

Miscellaneous Sanctions Not 

Included Elsewhere:

Assessment: An offender is assessed $20 in addition to any fine. 

KS ST §12-4117(a).

Other Criminal Actions Related to 

Speeding:

Racing on Highway: Class A, B or C misdemeanor. KS ST §8-1565(a),(d); 

KS ST § 8-2116(b).

Sanctions:

Imprisonment Term / Fine: First offense(class C misdemeanor) – Not more than 1 month and/or 

not more than $500; 

Second offense (within 1 year) (class B misdemeanor) – Not more 

than 6 months and/or not more than $1,000; 

Third or subsequent offense (within 1 year of the first offense) (class A 

misdemeanor) – Not more than 1 year and/or not more than $2,500. 

KS ST § 21-6602; ; KS ST § 21-6611.

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Revocation, Suspension or Restriction. KS ST § 8-255(a)(1), (2).

 Term of License Suspension / 

Revocation:

Not more than 1 year. KS ST §8-256.

 Mandatory Term: None

Other: Assessment. An offender is assessed $20 in addition to any fine. 

KS ST § 12-4117(a).

Reckless Driving: Misdemeanor. KS ST §8-1566(a), (b).

Sanctions:

 Imprisonment Term / Fine: First offense – Not less than 5 days or more than 90 days and/or not 

less than $25 or more than $500; 

Second or subsequent offense – Not less than 10 days or more than 6 

 

157 Basis for Revocation, Suspension or Restriction: The licensing agency is authorized to suspend an offender's license if the following 

conditions are satisfied: (1) the offender has committed numerous serious traffic law violations which indicate disrespect for the traffic 

laws; and (2) the offender has been convicted of 3 or more moving traffic law violations within a 12 month period (maintenance of driving 

privileges may be allowed if the offender attends a driver improvement clinic). KS ST § 8-255(a)(1), (2), (f). Exceeding an authorized 

limit of 55 mph but not exceeding 75 mph, by not more than 10 miles per hour is not considered a moving violation for purposes of this 

section. Exceeding the authorized limit of 30 mph but not exceeding 54 mph, by not more than 6 miles per hour is not considered a moving 

violation for purposes of this section. KS ST § 8-1560c.
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SUMMARY OF SPEED LAWS, 12TH EDITION

86

months and/or not less than $50 or more than $500. 

KS ST §8-1566(b).

Mandatory Minimum Term / Fine: The base terms above are mandatory minimums.

Licensing Action:

 Type (Suspension / Revocation): Revocation. KS ST §8-254(a)(5).

Term of License Suspension / 

Revocation:

Not more than 1 year. KS ST §8-256.

 Mandatory Term: None. An offender may be issued restricted driving privileges. 

KS ST §8-254(b).

Automated Speed Enforcement: No statutory provision.

Limitations of Use of Speed 

Measurement Devices:

No statutory provisions. It appears through case law that, at a

minimum, radar and laser are permitted. See e.g., State v. Thompson, 

250 P.3d 282 (Kan.App. 2011); City of Wichita v. Parks, 275 P.3d 351 

(Kan.App. 2011).

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a

vehicle that person commits 2 “serious traffic violations”158 within a 3-

year period or 3 such violations within a 3-year period. 

KS ST § 8-2,142(f).

Period of Disqualification: Two serious violations (within 3 years) – Not less than 60 days; 

Three serious violations (within 3 years) – Not less than 120 days. 

KS ST § 8-2,142(f)..

 

158 “Serious traffic violation” includes excessive speeding (15 mph or more over the posted speed limit) and reckless driving. 

KS ST § 8, 2128(v).
KENTUCKY

SUMMARY OF SPEED LAWS, 12TH EDITION

87

JURISDICTION KENTUCKY

Reference: Kentucky Revised Statutes

Kentucky Administrative Regulations (KAR)

Basis for a Speed Law Violation: 

Basic Speed Rule: A person shall not operate a vehicle at a greater speed than is 

reasonable and prudent, having regard for the traffic and for the 

condition and use of the highway. KY ST § 189.390(2).

Statutory Speed Limit: 70 mph on certain interstate highways and parkways;159

65 mph on interstate highways and divided highways with four or 

more lanes;

55 mph on all other State highways; 

35 mph in business or residential districts;

15 mph on off-street parking facilities. KY ST § 189.390.

Posted (Maximum) Speed Limit: I. Based upon engineering and traffic investigations, the Secretary of 

Transportation may increase or decrease the speed limits on any 

highway. However, the speed limit on highways, including interstate 

and 4-lane divided highways which are located in urbanized areas, 

cannot exceed 65 mph. KY ST §189.390(4)(a).

II. With the approval of the Secretary of Transportation, a local 

government may establish speed limits for the highways or streets 

within its jurisdiction. However, such limits cannot exceed 55 mph as 

noted in I above. KY ST §189.390(5)(a), (b).

III. State and local authorities may reduce the speed limits on 

highways under their respective jurisdictions for reasons of highway 

design or to reduce highway damage or deterioration due to rain or 

other natural causes. KY ST §189.230(1).

Minimum Speed Limit: I. A person shall not operate a motor vehicle at a speed that will 

impede or block the normal and reasonable movement of traffic. 

KY ST§189.390(7).

II. A person driving a vehicle in a slow manner shall keep the vehicle 

as closely as practicable to the right-hand boundary of the highway. 

KY ST§189.300(2).

Posted (Minimum) Speed Limit: The Transportation Cabinet may establish temporary reduced speed 

limits in work zones. KY ST §189.390(4)(b).

Low Speed Vehicles:

Permitted on Public Roads

(Yes/No):

Yes. On public roads with a speed limit of 35 mph or less. 

KY ST § 186.282.

Maximum Speed Permitted: 25 mph. KY ST § 186.010(16).

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Violation. KY ST§532.020(4).

 

159 See KY ST § 189.390(4) for listing of interstate highways and parkways.
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SUMMARY OF SPEED LAWS, 12TH EDITION

88

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: Speed Limit Violations – Not more than $100.

160 KY ST §189.394.

Other Violations – Not less than $20 or more than $100. 

KY ST §189.990(1); KY ST § 189.993(12).

Mandatory Minimum Term / Fine: $20. KY ST § 189.990(1); KY ST § 189.993(12).

Other Penalties:

Traffic School: In lieu of other sanctions, a person may be required to attend a State 

Traffic School. A person is eligible to attend traffic school once in any 

one-year period. KY ST § 186.574.

Licensing Action:

Type (Suspension / Revocation): Suspension.

161 KY ST § 186.400; KY ST § 186.570; KY ST § 

186.572; 601 KAR 13:025.

Term of License Suspension / 

Revocation:

Speeding Violations:90 days to 2 years. 601 KAR 13:025(3), (6), (8).

Speeding 26 mph or more over the speed limit: 

First offense – 90 days;

Second offense – Not less than 1 year; 

Subsequent offense – Not less than 2 years. 601 KAR 13:025.

Mandatory Term: First offense – An offender may be placed on probation for 2 years162

in lieu of license suspension;

Subsequent offense – If a person receives an additional conviction 

during the probation period, that person’s license must be suspended. 

601 KAR 13:025

Miscellaneous Sanctions Not 

Included Elsewhere:

Offenders Younger Than 18 Years Old: These offenders may be 

allowed to participate in a court diversion program. Under this 

program, the court must prohibit the offender from driving for not 

 

160 Fines for speed limit violations are determined by a matrix that establishes fines based upon the extent (i.e., number of miles per hour 

over the speed limit) the offender exceeded a specific speed limit (the prima facie speed limit). The fines range from $1 to $55. KY ST § 

189.394(1). For speeding violations in excess of those shown in the matrix, the fine range is $60 to $100. KY ST § 189.394(2). 

Important: These fines are doubled the usual amount if the offense occurred in a work zone or in an area near a school where flasher 

lights have been installed and are flashing, and a speed limit has been set. KY ST § 189.394(5), (7).

161 Point System: I. Under the point system, an offender's license is suspended for 6 months if he accumulates 12 points within a 2-year 

period. The suspension is 1 year for a second accumulation of 12 points, and 2 years for a third or subsequent accumulation of 12 points 

within a two-year period. 

II. The following points are assigned for speeding and speed-related offenses: up to and including 15 mph over the speed limit = 3 points; 

16-25 mph over the limit = 6 points; reckless driving = 4 points; driving too fast or too slow for conditions = 3 points; careless driving = 3 

points. 601 KAR 13:025(5). 

III. Statutory law prohibits the assessment of points for speeding 10 mph or less over the limit on limited access highways or limited access 

highways of four or more lanes on which the speed limit is 65 mph or more. KY ST § 186.572. 162 A person who has been placed on probation cannot be placed in such status again until 2 years have passed since the end of the last 

probation period. 601 KAR 13:025(8).
KENTUCKY

SUMMARY OF SPEED LAWS, 12TH EDITION

89

more than 45 days and/or require the driver to complete a driver 

improvement clinic. KY ST § 189.990(28).

Other Criminal Actions Related to 

Speeding:

Racing on Highway: Class B misdemeanor

KY ST § 189.505; KY ST § 189.993(5); KY ST § 532.020(3).

Sanctions:

Imprisonment Term / Fine: Not more than 30 days and/or not less than $60 or more than $200.

KY ST § 189.993(5).

 Mandatory Minimum Term / Fine: $60. KY ST § 189.993(5).

Licensing Action:

Type (Suspension / Revocation): Suspension through the point system.

 Term of License Suspension / 

Revocation:

90 days to 2 years. 601 KAR 13:025.

 Mandatory Term: First offense– An offender may be placed on probation for 2 years in 

lieu of license suspension; 

Subsequent offense– If a person receives an additional conviction 

during the probation period, that person’s license must be suspended. 

601 KAR 13:025.

Other: A person may be required to attend a State Traffic School. 

KY ST § 186.574.

Reckless / Careless Driving:

163 Violation. KY ST § 189.290(1); KY ST § 189.990(1); 

KY ST § 532.020(4).

Sanctions:

 Imprisonment Term / Fine: Not less than $20 or more than $100. KY ST § 189.990(1).

Mandatory Minimum Term / Fine: $20. KY ST § 189.990(1).

Licensing Action:

 Type (Suspension / Revocation): Suspension or Revocation. KY ST § 186.560; KY ST § 186.570; 

601 KAR 13:025.

Term of License Suspension / 

Revocation:

Suspension: Not less than 90 days or more than 2 years through the 

point system. 601 KAR 13:025.

Revocation (3 convictions of “reckless” driving within 12 months) –

Not less than 2 years. KY ST § 186.560(1)(e), (5).

 

163 According to Attorney General Opinion 78-771 (November 16, 1978), there is no statutory difference between “reckless driving” and 

“careless driving.” The only difference would be the wording of the judgment of conviction in the district court. Section 189.290 states 

that an “operator of a motor vehicle shall operate the vehicle in a careful manner, with regard to the safety and convenience of pedestrians 

and other vehicles upon the highway.” Additionally, it states that “no person shall willfully operate any vehicle on any highway in such a 

manner as to injure the highway.” Therefore it seems that the penalties (except points assessed) would be the same for either “careless” or 

“reckless” driving.
KENTUCKY

SUMMARY OF SPEED LAWS, 12TH EDITION

90

 Mandatory Term: The terms for revocation above are mandatory.

Other: I. A person may be required to attend a State Traffic School. 

KY ST § 186.574.

II. 4 points shall be assessed against a driving record for reckless 

driving. 3 points shall be assessed against a driving record for 

careless driving.

Automated Speed Enforcement: No statutory provision.

Limitations of Use of Speed 

Measurement Devices:

No statutory provisions. It appears, based on case law, that radar and 

laser are permitted. See e.g., Boyken v. Commonwealth, 2012 WL 

762019 (Ky. App., March 9, 2012) (unpublished); Murrell v. 

Commonwealth, 2004 WL 1175782 (Ky. App., May 28, 2004) 

(unpublished).

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a 

vehicle that person commits 2 “serious traffic violations”164 within a 3-

year period or 3 such violations within a 3-year period. 

KY ST § 281A.190(6).

Period of Disqualification: Two serious violations (within 3 years) – 60 days;

Three serious violations (within 3 years) – 120 days.

KY ST § 281A.190(6).

 

164 A “serious traffic violation” includes exceeding the speed limit by 15 or more mph and reckless driving. KY ST § 281A.010(29).
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JURISDICTION LOUISIANA

Reference: West’s Louisiana Statutes Annotated: Revised Statutes

Basis for a Speed Law Violation: 

Basic Speed Rule: No person shall drive a vehicle at a speed greater than is reasonable 

and prudent under the conditions and potential hazards then existing, 

having due regard for the traffic on, and the surface and width of, the 

highway, and the condition of the weather. LA R.S. §32:64(A).

Statutory Speed Limit: 70 mph on interstate and controlled access highways;

65 mph on other multi-lane divided highways which have partial or no 

control of access;

55 mph on other highways. 

LA R.S. §32:61(A).

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State may 

increase or decrease the above speed limits.165 LA R.S. §32:61(B); 

LA R.S. § 32:63(A).

II. The State can promulgate regulations regulating speed on Louisiana 

roads. LA R.S. § 48:1272.

III. Local governments are authorized to establish speed limits or 

speed zones. However, no speed limit shall be established in excess of 

the above maximum limits. LA R.S. § 32:41(A)(9); LA R.S. § 32:42.

Minimum Speed Limit: I. No person shall operate a motor vehicle at such a slow speed as to 

impede the normal and reasonable movement of traffic. 

LA R.S. § 32:64(B).

II. A person who is operating a motor vehicle on a multilane highway 

at less than the normal speed of traffic or at a speed slower than 10 

mph than the post speed limit shall drive in the right-hand lane then 

available for traffic or as close as practicable to the right hand curb.

LA R.S. § 32:71(B)(1)(c), (2).

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State may 

establish a minimum speed limit on any highway. LA R.S. § 32:63(B). 

Note: Slower moving traffic may be directed to use designated lanes, 

when signs are posted. LA R.S. § 32:79(2).

Other: VI. A person shall not operate a log loader at a speed greater than 40 

mph. LA R.S. §47:502.1(B).

Low Speed Vehicles:

Permitted on Public Roads

(Yes/No):

Yes. On public roads with a speed limit of 35 mph or less. 

LA R.S. § 32:300.1.

Maximum Speed Permitted: 25 mph. LA R.S. § 32:1(40).

 

165 Louisiana law does not specifically state whether different highway speed limits may be established for different types of vehicles, for 

various weather conditions or for different times of the day. However, considering the language in LA R.S. § 32:64(A), it would make 

sense that such speed regulation is permitted.
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Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Misdemeanors. LA R.S. §32:57(A); LA C.Cr.P. Art. 933(4). 

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: First offense – Not more than 30 days and/or not more than $175;

166

Subsequent offense – Not more than 90 days and/or not more than 

$500. LA R.S. §32:57(A).

Mandatory Minimum Term / Fine: None

Other Penalties:

Traffic School: An offender may be required to attend a driver education, training or 

improvement program.167 LA C.Cr.P.Art. 892.1.

 Other: I. A fee of $5 is assessed for the purpose of funding the Traumatic 

Head and Spinal Cord Injury Trust Fund. LA R.S. §46:2633(B)(1)(a).

II. Any person found in violation on the Huey P. Long Bridge or the 

Lake Ponchartrain Causeway Bridge, shall pay an additional cost of $5. 

LA R.S. § 32:57(G).

III. Any person found in violation in an active construction zone, where 

workers are on site, shall be fined twice the standard fine imposed. 

LA R.S. § 32:57(H).

Licensing Action:

Type (Suspension / Revocation): Suspension, Revocation or Cancellation.

168

LA R.S. §32:414(E)(3), (4).

Term of License Suspension / 

Revocation:

Not more than 1 year. LA R.S. §32:414(F)(2).

Mandatory Term: None. A person who has had his license suspended, revoked or 

cancelled for the first time may apply for driving privileges based on 

economic hardship. LA R.S. § 32:415.1(A).

Miscellaneous Sanctions Not 

Included Elsewhere:

A person who violates the speed limits on Louisiana expressways 

established via regulations promulgated under separate statutory 

authority is subject to imprisonment for not more than 90 days and/or 

 

166 For persons who operate a log loader in excess of 40 mph, the fine for a first offense is not more than $100 and/or not more than 30 

days. A subsequent violation carries a fine of not more than $500 and/or not more than 90 days. LA R.S. § 47:502.1(B). In all other 

respects, the sanctions for this offense are the same as for other speeding violations.

167 I. The court may suspend the sentence of first offenders (misdemeanor offenders under Title 32) and order them to attend this program. 

Upon completion of the program, the offender's conviction may be set aside. LA C.Cr.P. Art. 892.1(B), (C). 

II. For either first or subsequent offenders, the court may defer proceedings and allow an offender to participate in this program provided 

the following conditions are satisfied: (1) The offender pleads nolo contendere or guilty to the charge; (2) the offender has not participated 

in such a program within 2 years; and (3) the offense did not involve exceeding the posted speed limit by 25 mph or more. LA C.Cr.P. Art. 

892.1(E). Upon completion of the course, the court may set aside and dismiss the prosecution. However, the court can only set aside one 

charge for each course completed. LA C.Cr.P. Art. 892.1(H).

168 The licensing agency is authorized to suspend, revoke or cancel a person's license upon a showing that the person has been convicted (or 

forfeited bail) on traffic offenses with such a frequency that indicates a disrespect for the traffic law, or that person is a habitually reckless 

or negligent driver. LA R.S. § 32:414(E)(3), (4).
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a fine of not more than $200. LA R.S. §48:1272(A).

Other Criminal Actions Related to 

Speeding:

Drag Racing or Racing on the 

Highway:

Misdemeanor. LA R.S. §32:65; LA C.Cr.P. Art. 933.

Sanctions:

Imprisonment Term / Fine: No personal injuries:

First offense – Not more than 30 days and/or not more than $175;

Subsequent offense – Not more than 90 days and/or not more than 

$500. LA R.S. §32:57(A).

Serious bodily injury169 or death: Not less than $500 or more than 

$2,000 and/or not less than 1 year or more than 5 years. 

LA R.S. § 32:65(D)(2)(a).

 Mandatory Minimum Term / Fine: For serious bodily injury/death, $500 and/or 1 year.

LA R.S. § 32:65(2)(a).

Licensing Action:

Type (Suspension / Revocation): Suspension, Revocation or Cancellation. 

LA R.S. §32:414(E)(3), (4).

 Term of License Suspension / 

Revocation:

Not more than 1 year. LA R.S. §32:414(F)(2).

 Mandatory Term: None

Other: I. An offender may be required to attend a driver education, training or 

improvement program. LA C.Cr.P. Art. 892.1.

II. A fee of $5 is assessed for the purpose of funding the Traumatic 

Head and Spinal Cord Injury Trust Fund. LA R.S. § 46:2633(B).

Reckless Vehicle Operation:

170 Misdemeanor. LA R.S. § 14:99; LA C.Cr.P. Art. 933

Sanctions:

 Imprisonment Term / Fine: First offense– Not more than 90 days and/or not more than $200; 

Subsequent offense – Not less than 10 days or more than 6 months

and/or not less than $25 or more than $500. LA R.S. §14:99.

Mandatory Minimum Term / Fine: For subsequent offense, the mandatory minimum is 10 days and/or 

$25.

Licensing Action:

 Type (Suspension / Revocation): Suspension, Revocation or Cancellation. 

LA R.S. §32:414(E)(3), (4).Suspension (mandatory) for 3 offenses 

within 12 months. LA R.S. §32:414(B)(5).

Term of License Suspension / 

Revocation:

Not more than 1 year. LA R.S. §32:414(F)(2).

Mandatory Minimum Term: None

 

169 “Serious bodily injury” means bodily injury which involves unconsciousness; protracted and obvious disfigurement; protracted loss or 

impairment of the function of a bodily member, organ, or mental faculty; or a substantial risk of death. LA R.S. § 32:65(2)(b). 170 “Reckless operation” of a vehicle is defined as driving in a criminally negligent or reckless manner. LA R.S. §14:99.
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Other: I. An offender may be required to attend a driver education, training or 

improvement program. LA C.Cr.P. Art. 892.1.

II. A fee of $5 is assessed for the purpose of funding the Traumatic 

Head and Spinal Cord Injury Trust Fund. LA R.S. §46:2633.

Careless Vehicle Operation:

171 Misdemeanor. LA R.S. § 32:58; LA C.Cr.P. Art. 933.

Sanctions:

 Imprisonment Term / Fine: First offense – Not more than 30 days and/or not more than $175;

Subsequent offense – Not more than 90 days and/or not more than 

$500. LA R.S. § 32:57(A).

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Suspension, Revocation or Cancellation. 

LA R.S. §32:414(E)(3),(4).

Term of License Suspension / 

Revocation:

Not more than 1 year. LA R.S. §32:414(F)(2).

Mandatory Term: None

 Other: I. An offender may be required to attend a driver education, training or 

improvement program. C.Cr.P., Art. 892.1.

II. A fee of $5 is assessed for the purpose of funding the Traumatic 

Head and Spinal Cord Injury Trust Fund. LA R.S. § 46:2633(B).

Automated Speed Enforcement: Permitted (without S.P.)172

Limitations of Use of Speed 

Measurement Devices:

No statutory provisions. The use of radar, at a minimum, is 

permitted. See State v. Mitchell, 52 So.2d 155 (La.App. 5 Cir. 2010).

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a 

vehicle that person commits 2 “serious traffic violations”173 within a 3-

year period or 3 such violations within a 3-year period. 

LA R.S. § 32:414.2(5).

Period of Disqualification: Two serious violations (within 3 years) – Not less than 60 days; 

Three serious violations (within 3 years) – Not less than 120 days.

LA R.S. §32:414.2(5).

 

171 Any person operating a motor vehicle on the public roads of this State shall drive in a careful and prudent manner, so as not to endanger 

the life, limb, or property of any person. Failure to drive in such a manner shall constitute careless operation. LA R.S. § 32:58. 172 Local authorities may adopt ordinances enforcing the Louisiana traffic and safety laws, by means of police officers or by the use of 

traffic-control devices. LA R.S. § 32:21; LA R.S. § 32:41. See LA. Atty. Gen. Op. No. 07-0062(September 4, 2007) (holding that the local 

government’s use of a photographic traffic signal enforcement system is an alternate method of enforcement of an existing approved traffic 

control device).

173 A “serious traffic violation” includes exceeding the speed limit by 15 or more mph and reckless driving. LA R.S. § 

32:414.2(A)(d)(i),(ii).
MAINE

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JURISDICTION MAINE

Reference: Maine Revised Statutes Annotated Code of Maine Rules (ME ADC)

Basis for a Speed Law Violation: 

Basic Speed Rule: A person shall operate a vehicle at a careful and prudent speed not 

greater than is reasonable and proper having due regard to the traffic, 

surface and width of the way and of other conditions then existing. 

ME ST Title 29-A § 2074.

Statutory Speed Limit: 45 mph on all other public ways. Important: For maximum speed 

limits on the Maine Turnpike and interstate and divided controlledaccess highways, see I under Posted (Maximum) Speed Limit below.

25 mph in business or residential districts.

15 mph when passing a school during recess or when the students are 

going to or leaving the school. ME ST Title 29-A § 2074(1).

Posted (Maximum) Speed Limit: I. The State is authorized to increase or decrease the above speed 

limits.174 However, no posted speed limit can exceed 75 mph on the 

Interstate Highway System from the City of Old Town to the Town of 

Houlton, 65 mph for the Maine Turnpike and interstate or divided 

controlled-access highways, or 60 mph for all other roads. 

ME ST Title 23 §1973(2);ME ST Title 29-A § 2073(1).

II. A municipal authority may establish speed limits in public parks 

and the entrances to such parks and, within certain limitations, may 

alter speed limits on other highways.175

ME ST Title 29-A § 2075(3)(C), (D).

Minimum Speed Limit: A person may not operate a motor vehicle at such a slow speed as to 

impede the normal and reasonable movement of traffic. 

ME ST Title 29-A §2075(1).

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State may establish 

a minimum speed limit on a public way. 

ME ST Title 29-A §2075(1-A).

Other: I. A school bus may not be operated greater than 45 mph when 

transporting students. At other times, such vehicles cannot be operated 

at a speed greater than 55 mph. ME ST Title 29-A §2074(1)(E).

II. Authorities may restrict the speed limit on a public way under 

construction or during maintenance and on any portion of the turnpike 

under construction or during maintenance when a lower rate of speed 

would minimize the danger of accident. A person may not operate a 

motor vehicle in excess of these speeds, as long as notice of the 

 

174 Note: Maine law does not specifically state whether different highway speed limits may be established either for different types of 

vehicles, for various weather conditions or for different times of the day. 175 A local government, other than a “qualifying municipality,” must obtain approval for any speed limit changes from the State 

Department of Transportation and the Chief of the State Police prior to changing the speed limits on non-public park highways. ME ST 

Title 29-A § 2075(3)(D). A “qualifying municipality” (a municipality with a population of 2,500 or more) may establish speed limits on its 

highways after notifying the State Department of Transportation that it intends to do so and after conducting traffic investigations. ME ST 

Title 29-A § 2075(3)(E).
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maximum speed has been given by standard black and white speed 

limit signs on the way. Signs erected pursuant to this subsection must 

be covered or removed during hours when the speed limit is not 

restricted. ME ST Title 29-A § 2075(2).

III. For an offense of imprudent speed, the officer alleging the offense 

must provide a brief description of the offense and reason that officer 

considered the driver’s speed imprudent and what maximum speed the 

officer would consider prudent. ME ST Title 29-A § 2074(3-C).

Low Speed Vehicles:

Permitted on Public Roads 

(Yes/No):

Yes. On public roads with a speed limit of 35 mph or less.

ME ST Title 29-A § 2089(2).

Maximum Speed Permitted: 25 mph. ME ST Title 29-A § 101(32-A).

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Non-Criminal traffic infractions. ME ST Title 29-A § 101(85); 

ME ST Title 29-A §103; ME ST Title 29-A § 104.

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: Not less than $25 or more than $500.

176 ME ST Title 29-A §103(3); 

ME ST Title 29-A§2604.

Mandatory Minimum Term / Fine: $25. ME ST Title 29-A §104. For exceeding the 65 mph speed limit or 

the 70 mph speed limit on the Interstate Highway System from the 

City of Old Town to the Town of Houlton by less than 30 mph on the 

Maine Turnpike or an interstate highway – not less than $50. 

ME ST Title 29-A §2074(3-A).

Other Penalties:

Traffic School: A person who completes a defensive driving course will have the

demerit point total reduced by 3 points. This can only occur once in a 

12-month period. ME ADC 29-250, Ch. 1§ 6.

 Other: School Zone: The scheduled fine is double the usual amount for 

exceeding the speed limit in a school zone. 

ME ST Title 29-A §2074(3-B).

Construction Zone: The scheduled fine is doubled for exceeding 

posted speed limits in a construction or maintenance zone. 

ME ST Title 29-A §2075(2).

Surcharges: 14% and 5% surcharges must be imposed on any fine for 

the purpose of funding jail/criminal operations. 

ME ST Title 4 §1057(2-A).

 

176 Within these limits, the Chief Judge of the District Court establishes a fine schedule for traffic infractions. ME ST Title 4 § 164(12)(B). 
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Licensing Action:

Type (Suspension / Revocation): Suspension177 ME ST Title 29-A§103(3); 

ME ST Title 29-A §2458(2)(B), (C).

Term of License Suspension / 

Revocation:

Up to15 days. 3 previous suspensions within 3 years = 120 days.

ME ADC 29-250, Ch. 1 § 4, 5. 

Mandatory Term: None. Suspension action is discretionary with the licensing agency.

ME ST Title 29-A § 2458.

Miscellaneous Sanctions Not 

Included Elsewhere:

In addition to or in lieu of any other sanction for a traffic law violation, 

a court may suspend an offender's license for not more than 60 days.

ME ST Title 29-A §2418.

Other Criminal Actions Related to 

Speeding:

178

Exceed Speed Limit by 30 MPH: Class E crime. ME ST Title 29-A §2074(3).

Sanctions:

Imprisonment Term / Fine: Not more than 6 months in the county jail and/or not more than 

$1,000. ME ST Title 17-A § 1252(2)(E); 

ME ST Title 17-A § 1301(1-A)(E).

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Suspension. ME ST Title 29-A §2458(C); 

ME ADC 29-250, Ch. 1 § 3.

 Term of License Suspension / 

Revocation:

Up to 30 days. ME ST Title 29-A § 2458(C); 

ME ADC 29-250, Ch. 1§ 3.

 Mandatory Term: None

Other: I. An offender may be sentenced to perform community service for the 

benefit of the State, a local government, a school district or other 

public entity. ME ST Title 17-A §1345.

II. In addition to or in lieu of any other sanction for a traffic law 

violation, a court may suspend an offender's license for not more than 

 

177 Point System: I. An offender who accumulates 12 points within 1 year may have his license suspended for up to 15 days. If the 

offender has had 3 previous suspensions within 3 years, he is subject to a suspension for up to 120 days. 

II. The following points are assigned for speeding or speed-related offenses: less than 15 mph over the speed limit = 4 points; 15-29 mph 

over the speed limit = 6 points; excessive acceleration = 4 points; imprudent driving or speeding = 4 points; failure to reduce speed on a 

grade or curve = 2 points; obstructing the flow of traffic = 2 points; speed under the posted minimum = 2 points; squealing tires = 2 

points. ME ST Title 29-A § 2458(2)(C), (3); ME ADC 29-250, Ch. 1 § 4. 178 Assault-Related Revocations: If a person operates a motor vehicle in a manner which: (1) causes bodily or serious bodily injury to 

another individual; (2) creates a substantial risk of serious bodily injury to another individual; or (3) places another individual in fear of 

imminent bodily injury and the person is convicted of any criminal offense related to assault, reckless conduct or threatening, the license is 

immediately and indefinitely revoked without a further hearing. The person may be issued a license after the following periods: (1) 3 years 

after discharge from incarceration for a Class A, B or C Crime; (2) 2 years after discharge from incarceration for a Class D Crime; or (3) 1 

year after discharge from incarceration for a Class E Crime. 

ME ST Title 29-A § 2463.
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60 days. ME ST Title 29-A §2418.

III. Surcharges. 14% and 5% surcharges must be imposed on any fine 

for the respective purpose of funding jail/criminal operations.

ME ST Title 4 § 1057(2-A).

Driving to Endanger:

179 Class E crime. ME ST Title 29-A §2413(1). 

Sanctions:

 Imprisonment Term / Fine: Not more than 6 months in the county jail and/or not more than 

$1,000. ME ST Title 17-A§1252(1)(A), (2)(E); 

ME ST Title 17-A §1301(1-A(E)).

Aggravated Punishment – Class C crime – causing serious bodily 

injury:

180 Not more than 5 years181 and/or not more than $5,000.

ME ST Title 17-A§ 1301(1)(C); ME ST Title 17-A §1252(2).

Mandatory Minimum Term / Fine: None

Licensing Action:

 Type (Suspension / Revocation): Suspension by the court. ME ST Title 29-A §2413(3).

Suspension by the licensing agency. ME ST Title 29-A §2458(2)(H).

Term of License Suspension / 

Revocation:

Not less than 30 or more than 180 days. ME ST Title 29-A §2413(3).

Aggravated Punishment: Not less than 180 days or more than 2 

years. If the court fails to suspend the license, it shall impose a 

sentencing alternative that involves a fine of not less than $575.

 Mandatory Term: The base terms above are mandatory.

Other: I. An offender may be sentenced to perform community service for the 

benefit of the State, a local government, a school district or other public 

entity. ME ST Title 17-A §1345.

II. In addition to or in lieu of any other sanction for a traffic law 

violation, a court may suspend an offender's license for not more than 

60 days. ME ST Title 29-A §2418.

III. Surcharges. 14% and 5% surcharges must be imposed on any fine 

for the respective purpose of funding jail/criminal operations. 

ME ST Title 4 § 1057(2-A).

Automated Speed Enforcement: No statutory provision.

Limitations of Use of Speed 

Measurement Devices:

No. Radar, laser or laser-like and instruments that calculate the 

distance and time compared to the motor vehicle driven by law 

 

179 A person commits this offense if, with criminal negligence, that person operates a motor vehicle in a manner that endangers the property 

or person of another, including the operator or passenger in the motor vehicle being driven. ME ST Title 29-A §2413(1). “Criminal 

negligence” is the failure to be aware of a risk that the person’s conduct will cause such a result, or failure to be aware of a risk that 

attendant circumstances exist, that involves a gross deviation from the standard of conduct that a reasonable and prudent person would 

observe in the same situation. ME ST Title 17-A § 35(4). 180 “Serious bodily injury” means a bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement 

or loss or substantial impairment of the function of any bodily member or organ, or extended convalescence necessary for recovery of 

physical health. ME ST Title 17-A § 2(23). 181 If the term of imprisonment is 9 months or less, the court shall specify a county jail as the place of imprisonment. If the term is more 

than 9 months, the court must commit the offender to the Department of Corrections. ME ST Title 17-A § 1252(1)(B).
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enforcement are accepted as prima facie evidence of a motor vehicle’s 

speed. ME ST Title 29-A § 2075(4).

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person's CDL is suspended if, while driving a CMV, that person 

commits 2 “serious traffic violations”182 within a 3-year period or 3 

such violations within a 3-year period. 

ME ST Title 29-A§1253(2)(C); ME ST Title 29-A §2458(2)(M); 

ME ADC 29-250, Ch. 6 § 5.

Period of Disqualification: Two serious violations (within 3 years) – Not less than 60 days;

Three serious violations (within 3 years) – Not less than 120 days. 

ME ST Title 29-A §2458(2)(M); ME ADC 29-250, Ch. 6 § 5.

 

182 A “serious traffic violation” includes exceeding the speed limit by 15 or more mph or reckless driving. ME ADC 29-250, ch. 6 § 2(K).
MARYLAND

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JURISDICTION MARYLAND

Reference: Annotated Code of Maryland. (References are to the Transportation 

Code, “Tran.”)

Code of Maryland Regulations (MD ADC)

Basis for a Speed Law Violation: 

Basic Speed Rule: I. A person may not operate a vehicle at a speed that, with regard to the 

actual and potential dangers existing, is more than that which is 

reasonable and prudent under the conditions.

II. At all times, a driver shall control the speed of the vehicle, or reduce 

the speed, as necessary: (1) to avoid colliding with any person or any 

vehicle or other conveyance that is on or entering the highway; (2) 

when approaching and crossing an intersection at which cross traffic is 

not required to stop by a traffic control device; (3) when approaching 

and crossing a railroad grade crossing; (4) when approaching and going 

around a curve; (5) when approaching the crest of a grade; (6) when 

traveling on any narrow or winding roadway; and (7) when any special 

danger exists as to pedestrians or other traffic or because of weather or 

highway conditions. MD TRANS §21-801(a).

Statutory Speed Limit: 65 mph is the maximum speed limit that can be established on any 

highway;

55 mph on highways that are not interstate highways or expressways;

50 mph on undivided highways except as noted below;

35 mph on divided highways in residential districts;

30 mph on highways in business districts or on undivided highways 

in residential districts;

15 mph in alleys in Baltimore County. MD TRANS § 21-801.1.

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State Highway 

Administration may alter the above speed limits. Such alterations 

may provide for different speed limits at specified times of the day, 

for certain weather conditions, for various types of vehicles, and for 

other reasons concerned with highway safety. However, no speed

limit shall be greater than 65 mph on any highway or greater than 55 

mph on highways which are not interstate highways or expressways. 

MD TRANS §21-801.1(d), (e)(1), (2); MD TRANS §21-802.

II. Based on engineering and traffic investigations, local 

governments183 may establish posted speed limits.184 However, a 

speed limit greater than 50 mph cannot be established in an urban 

district. In addition, a speed limit less than 25 mph cannot be 

established outside an urban district. MD TRANS §21-803.

III. A local government may establish a safe maximum speed limit for 

an alley. MD TRANS §21-803(e).

IV. The State Highway Administration or a local government may 

establish a speed limit in a designated school zone that is within half-

 

183 County boards of education and university and college officials have the authority to establish speed limits on property within their 

jurisdictions. MD TRANS § 21-803.2. 184 With the exception of Baltimore City, the State Highway Administration must approve the alteration of a speed limit on a State highway 

by a local authority. MD TRANS § 21-803(d).
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mile of a school on highways under their respective jurisdictions.185 

However, such speed limit cannot be greater than 35 mph in a school 

zone where a school crossing guard is present. 

MD TRANS § 21-803.1(a), (e), (f).

Minimum Speed Limit: I. A person shall not willfully operate a motor vehicle at such a slow 

speed as to impede the normal and reasonable movement of traffic. 

MD TRANS §21-804(a).

II. A person who is driving a vehicle at 10 mph or more below the 

posted speed limit, or at less than the normal speed of traffic shall 

drive in the right-hand lane then available for traffic or as close as 

practicable to the right-hand curb or edge of the roadway. 

MD TRANS §21-301(b).

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State Highway 

Administration or a local government may establish a minimum speed 

limit on a highway or part thereof. MD TRANS § 21-804(b); 

MD TRANS § 21-1409.

Other: I. The State Highway Administration, a county, a municipal 

corporation, or Baltimore City may reduce speed limits in highway 

work zones, so long as the reduced limit is posted. 

MD TRANS §1-101(e); MD TRANS § 21-802.1.

II. Following an investigation, the State Highway Administration may 

establish a maximum safe speed for any bridge or elevated structure. 

MD TRANS §21-806(b).

III. Certain dump trucks cannot be operated at a speed greater than 45 

mph when loaded. This restriction does not apply to divided highways 

with two or more lanes in each direction. MD TRANS §13-919(g).

Low Speed Vehicles:

Permitted on Public Roads

(Yes/No):

Yes. On public roads with a speed limit of 35 mph or less. 

MD TRANS § 21-1125.

Maximum Speed Permitted: 25 mph. MD TRANS § 11-130.1

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Misdemeanor. MD TRANS §27-101(a).

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: Not more than $500. MD TRANS §27-101(b).

Mandatory Minimum Term / Fine: None

Other Penalties:

Traffic School: An individual convicted of 1 or more moving violations may be 

required to attend a driver improvement program. 

 

185 Under other statutory authority, a county or a municipality within a county may establish a speed limit of 15 mph in a school zone 

during school hours. MD TRANS § 21-803(b)(2)
MARYLAND

SUMMARY OF SPEED LAWS, 12TH EDITION

102

MD TRANS § 16-212.

 Other: School Zone: A fine of double the amount of what would otherwise 

apply but not more than $1,000 may be imposed for exceeding a 

school zone speed limit. MD TRANS §27-101(r).

Work Zone: Any person convicted of exceeding the limit in a work 

zone is subject to a fine of not more than $1,000. 

MD TRANS § 27-101(m).

Licensing Action:

Type (Suspension / Revocation): Suspension or Revocation through a point system.186

Term of License Suspension / 

Revocation:

Suspension – Not more than 1 year. MD TRANS § 16-208(a).

Initial suspension – Not less than 2 or more than 30 days;

Subsequent suspension – Not less than 15 or more than 90 days.

MD TRANS § 16-404(c)(1).

Revocation – Not more than 2 years. MD TRANS § 16-208(b).

First revocation187 – Not more than 6 months;

Second revocation – Not more than 12 months;

Second revocation (within 5 years) – Not more than 9 months;

Fourth or subsequent revocation – Not more than 24 months.

MD TRANS § 16-404(c)(2).

Mandatory Term: An individual whose license has been revoked may apply for 

reinstatement after the following terms:

First revocation – 1 day (or 6 months if driver has no license);

Second revocation – 1 year;

Third revocation – 18 months;

Fourth revocation – 2 years. MD TRANS § 16-208(b).

However, if a suspension or revocation would adversely affect an 

offender's employment or opportunity for employment, such licensing 

action may be declined, canceled or modified. 

MD TRANS §16-405(a).

 

186 Point System: I.8 points (within 2 years) = suspension; 12 points (within 2 years) = revocation. MD TRANS § 16-404(a)(3). 

II. The following points are assessed for speeding offenses and speed-related law violations: driving at a speed not reasonable and prudent 

= 1 point; 1-9 mph over the limit = 1 point; 1-9 mph over the limit in a speed/work zone = 1 point; 10 mph over the speed limit = 2 

points; aggressive driving = 5 points; reckless driving = 6 points; speeding 30 mph or more over the limit = 5 points; participating in a 

race or speed contest on a highway = 5 points; exceeding the 65 mph posted speed limit by 20 mph or more = 5 points; any moving 

violation contributing to an accident = 3 points; driving below minimum posted speed limit = 1 point; driving in negligent manner = 1 

point. MD TRANS § 16-402(a); MD ADC 11.17.13.02. Provisional Licensee: A person who holds a provisional license is subject to the 

following sanctions, which are in addition to any other sanctions for a conviction of a moving violation that requires the assessment of 

points. First offense - The offender is required to attend a “driver improvement program”; Second violation – An offender’s license may

be suspended for not more than 30 days; Third or subsequent violation – An offender’s license may be suspended for not more than 180 

days. MD TRANS § 16-213(c). 

Note: A provisional license is generally issued to persons who are less than 18 years old. Except for activities related to employment, 

education or athletic events, a provisional licensee can only operate a motor vehicle while “unsupervised” between the hours of 5 A.M. to 

midnight. MD TRANS § 16-103(c); MD TRANS § 16-113(d). 187 These periods are additional revocation periods for drivers who have had their license revoked. MD TRANS § 16-404(c)(2).
MARYLAND

SUMMARY OF SPEED LAWS, 12TH EDITION

103

Other Criminal Actions Related to 

Speeding:

Race or Speed Contest on 

Highway:

Misdemeanor. MD TRANS §21-1116; MD TRANS § 27-101(a).

Sanctions:

Imprisonment Term / Fine: Not more than $500. MD TRANS §27-101(b).

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Suspension or Revocation through a point system.

 Term of License Suspension / 

Revocation:

See License Suspension/Revocation, above.

 Mandatory Term: See Mandatory Term, above.

Other: Points: 5 points assessed against driver’s license. 

MD TRANS § 16-402(a).

Reckless Driving:

188 Misdemeanor. MD TRANS § 21-901.1(a); MD TRANS § 27-101.

Sanctions:

 Imprisonment Term / Fine: Not more than $1,000. MD TRANS §27-101(g).

Mandatory Minimum Term / Fine:

Licensing Action:

 Type (Suspension / Revocation): Suspension or Revocation through a point system.

Term of License Suspension / 

Revocation:

See License Suspension/Revocation, above.

 Mandatory Term: See Mandatory Term, above.

Other: Points: 6 points assessed against driver’s license. 

MD TRANS § 16-402(a).

Negligent Driving:

189 Misdemeanor. MD TRANS § 21-901.1(b);MD TRANS §27-101(a).

Sanctions:

Imprisonment Term / Fine: Not more than $500. MD TRANS §27-101(b).

Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Suspension or Revocation through a point system.

Term of License Suspension / 

Revocation:

See License Suspension/Revocation, above.

Mandatory Term: See Mandatory Term, above.

 

188 “Reckless driving” is defined as operating a motor vehicle in wanton or willful disregard for the safety of persons or property, or in a 

manner that indicates a wanton or willful disregard for the safety of persons or property. MD TRANS § 21-901.1(a). 189 “Negligent driving” is defined as operating a motor vehicle in a careless or imprudent manner that endangers any property or the life or 

person of any individual. Negligent driving is a lesser included offense of reckless driving. MD TRANS § 21-901.1(b); See Jones v. State, 

924 A.2d 336 (2007) (aff’d, 941 A.2d 1082 (2008)).
MARYLAND

SUMMARY OF SPEED LAWS, 12TH EDITION

104

 Other: Points: 1 point assessed against driving record; 

MD ADC 11.17.13.02.

Aggressive Driving:

190 Misdemeanor. MD TRANS § 21-901.2; MD TRANS §27-101(b).

Sanctions:

 Imprisonment Term / Fine: Not more than $500. MD TRANS §27-101(b).

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Suspension or Revocation through a point system.

Term of License Suspension / 

Revocation:

See License Suspension/Revocation, above.

Mandatory Term: See Mandatory Term, above.

Other: I. Points: 5 points assessed against driver’s license. 

MD TRANS § 16-402(a).

Automated Speed Enforcement: Limited: The following counties/cities are permitted to enforce speed 

violations by using a “speed monitoring system” which produces 

recorded images of motor vehicles traveling at least 12 mph over the 

posted speed limit on a highway, in work zones, in a residential district, 

and in school zones with a maximum posted speed limit of 35 mph. 

Anyone found in violation is subject to a civil penalty of not more than 

$40. MD TRANS § 21-809.

Limitations of Use of Speed 

Measurement Devices:

No. Use of radar detectors is permitted. 

MD CTS & JUD PRO § 10-301.

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a 

vehicle that person commits 2 “serious traffic violations”191 within a 3-

year period 3 such violations within a 3-year period. 

MD TRANS §16-812(f), (g); MD ADC 11.11.12.03.

Period of Disqualification: Two serious violations (within 3 years) – 60 days;

Three serious violations (within 3 years) – 120 days. MD TRANS 

§16-812(f), (g); MD ADC 11.11.12.03.

 

190 Aggressive Driving is defined as violating three or more of the following provisions “during a single and continuous period of driving”: 

(1) MD TRANS § 21-202 (Traffic Lights with Steady Indication); (2) MD TRANS § 21-303 (Overtaking and Passing Vehicles); (3) MD 

TRANS § 21-304 (Passing on Right); (4) MD TRANS § 21-309 (Driving on Laned Roadways): (5). MD TRANS § 21-310 (Following 

Too Closely); (6) MD TRANS § 21-403 (Failure to Yield Right-of-Way); and (7) MD TRANS § 21-801.1(Exceeding a Maximum Speed 

Limit). MD TRANS § 21-901.2. 191 A “serious traffic violation” includes excessive speeding as defined by the U.S. Department of Transportation (exceeding the speed limit 

by 15 or more mph) and reckless driving. MD TRANS § 16-803(j)(1).
MASSACHUSETTS

SUMMARY OF SPEED LAWS, 12TH EDITION

105

JURISDICTION MASSACHUSETTS

Reference: Massachusetts General Laws Annotated 

Code of Massachusetts Regulations (CMR)

Basis for a Speed Law Violation: 

Basic Speed Rule: I. No person shall “run” a motor vehicle at a rate of speed greater than 

is reasonable and proper, having regard to traffic and the use of the 

way and the safety of the public. 

II. Every person operating a motor vehicle shall decrease the speed of 

the same when a special hazard exists with respect to pedestrians or 

other traffic, or by reason of weather or highway conditions.

MA ST 90 § 17.

Statutory Speed Limit: 65 mph on certain parts of interstate highways;192

55 mph on any other way;

50 mph on divided highways outside a thickly populated business 

district;

40 mph on any other highway outside a thickly populated business 

district;

25 mph inside a thickly populated business district;

20 mph in an established school zone or within a senior safety center 

zone, if established; 

15 mph within 1/10 mile of a vehicle which is selling merchandise and 

is displaying flashing amber lights. MA ST 90 §17.

Posted (Maximum) Speed Limit: The State or a local government may regulate the speed limit on a 

highway. MA ST 90 § 18. 

Minimum Speed Limit: No person shall drive in such a manner as to obstruct unnecessarily the 

normal movement of traffic upon a highway. 720 CMR 9.06(6)(a).

Posted (Minimum) Speed Limit: See Posted (Maximum) Speed Limit, above. Note: MA ST 90 § 18, 

appears to account for increase and decrease in speed limits on 

highway, by virtue of its language.

Other: I. No vehicle with a load weighing 4 or more tons when equipped with 

metallic tires shall be operated at a speed greater than 4 mph. 

MA ST 85 §31

II. Certain State agencies have the authority to regulate speed on 

certain roads or highways under their jurisdiction. The regulations 

governing these speed limits are not reported in detail.193

III. Except on limited access highways, a school bus shall not be 

driven greater than 40 mph while actually engaged in carrying school 

children. MA ST 90 §17.

IV. An operator may not operate a vehicle at a rate of speed in excess 

 

192 This speed limit applies on interstate highway route 90; the Massachusetts Turnpike, between the New York State border and the 

Westfield interchange, and from the Ludlow interchange to the Auburn interchange; interstate highway route 91 from the Vermont border 

to Northampton, Exit 21; and interstate 95 from the Newbury interchange 56 to the Danvers interchange 50. MA ST 90 § 17A. 

193 See, e.g., 350 CMR 4.01(2) which regulates speed on roads controlled by the Metropolitan District Commission; 740 CMR 11.05(2) 

which regulates speed on the Maurice J. Tobin Memorial Bridge; 304 CMR 12.23(1), (2) which regulates speed in certain forests and 

parks; 740 CMR 23.03 which regulates commercial ground transportation driver speeds.
MASSACHUSETTS

SUMMARY OF SPEED LAWS, 12TH EDITION

106

or less than that of the minimum speed indicated except when 

traveling in a “creeper lane,” acceleration lane, or deceleration lane, 

has mechanical failure, or is an over-weight or over-size vehicle (but 

such vehicle must be capable of maintaining a minimum speed of 20 

mph.

194 730 CMR 7.08, Table 9.

Low Speed Vehicles:

Permitted on Public Roads

(Yes/No):

Yes. On public roads with a speed limit of 30 mph or less. 

MA ST 85 § 2E; MA ST 90 § 1F; 

Maximum Speed Permitted: 25 mph. MA ST 90 § 1.

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Civil Motor Vehicle Infractions MA ST 90C §1.

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: Basic Speed Rule; Speed Limit Violations– Not less than $50.

195

MA ST 90 § 20.

Exceeding the speed limit by more than 10 mph – An additional fine of 

$10 per mile per hour over the speed limit. MA ST 90 §20. 

Mandatory Minimum Term / Fine: $50 for basic speed rule/speed limit violations.

$35 for second offense exceeding 65 mph speed limit; $75 for 

subsequent offense exceeding 65 mph speed limit. MA ST 90 § 20.

Other Penalties:

Traffic School: N/A

 Other: I. A surcharge of $50 is assessed for the Head Injury Treatment 

Services Trust Fund. MA ST 90 §20.

II. The fine is doubled for exceeding the posted speed limit in a 

construction zone. MA ST 90 § 17; 730 CMR 7.08(12).

III. Exceeding 4 mph While Operating Vehicles with Metallic Tires 

with a Load greater than 4 tons – Not more than $100. 

MA ST 85 § 32.

 

194 The following speed limits apply to portions of the Massachusetts Turnpike only: 65 mph/40 mph (minimum) on the turnpike between 

the NY State border and interchange 14 in Weston, eastbound, and from interchange 15 in Newton to the NY State border, westbound; 55 

mph/40 mph (min.) on all other portions of the turnpike; 35 mph/20 mph (min.) in Callahan and Sumner Tunnels; 40 mph/20 mph 

(min.) in Ted Williams Tunnel; 45 mph in Prudential Tunnel; 45 mph in Thomas P. O’Neill, Jr. Tunnel. 730 CMR 7.08, Table 9. 195 I. Heavy Vehicles. A person who violates the speed laws when operating any motor vehicle, trailer, semi-trailer, semi-trailer unit or 

tandem unit, operating under a permit issued under MA ST 85 § 30; MA ST 85 § 30A, and which is overweight, is subject to the following 

fine sanctions: first offense – Not more than $100; second offense (within 12 months) - $100-$150; subsequent offense - $150-$300. MA 

ST 90 § 20. II. Exceeding the 65 mph Speed Limit on Interstate Highways. Although the law is not clear, it appears that the following 

sanctions (the general sanctions for a violation of the traffic laws) apply to this violation: first offense - $35; second offense (within 12 

months) - $35-$75; subsequent offense (within 12 month) - $75-$150. MA ST 90 § 20. III. Speed violations on Massachusetts 

Turnpike: Speeding over the limit= not less than $50; reasonable & proper speed violation = not less than $50/$50 in tunnel; dangerous 

speed = not less than $50/$500 in tunnel; careless/negligent driving = not less than $50/$500 in tunnel; violation of minimum speed limit 

= not less than $20/$20 in tunnel; speeding in construction zone = not less than $100/$100 in tunnel (this fine may be doubled). The 

maximum fine is $500. 730 CMR 7.12, Table 10; 730 CMR 7.08(12). IV. Speed violations under Metropolitan District Commission –

first offense – not more than $200. 350 CMR 4.02.V. Speed violations under Forest and Parks authority - $10. 304 CMR 12.23..
MASSACHUSETTS

SUMMARY OF SPEED LAWS, 12TH EDITION

107

Licensing Action: IMPORTANT. Action is limited to certain speed law violations.

Courts may recommend suspension or revocation to the licensing 

registrar. MA ST 90 § 27.

Type (Suspension / Revocation): Revocation MA ST 90 §17.

Term of License Suspension / 

Revocation:

Third or subsequent conviction (within 12 months) –30 days. 

MA ST 90 § 17.

Mandatory Term: 30 days. MA ST § 17.

Other Criminal Actions Related to 

Speeding:

Drag Racing: Misdemeanor. MA ST 90 §17B; MA ST 274 § 1.

Sanctions:

Imprisonment Term / Fine: Not more than $1,000 or not more than 21⁄2 years. MA ST 90 § 17B.

Persons under 18 who hold junior operator’s license or learners 

permit: 

First offense – Not less than $250;

Subsequent offense – Not less than $500. MA ST 90 § 17B.

 Mandatory Minimum Term / Fine: Persons under 18 years old (if a fine is ordered): $250 for 1st offense; 

$500 for subsequent offense.

Licensing Action:

Type (Suspension / Revocation): Suspension. MA ST 90 §17B; MA ST 90 § 20.

 Term of License Suspension / 

Revocation:

First offense– Not less than 30 days;

Subsequent offense – Not less than 180 days. MA ST 90§17B.

For persons under 18 who hold a junior operator’s license or 

learners permit:

First offense – 1 year.

Subsequent offense – 3 years. MA ST 90 § 17B.

Mandatory Term: The base terms above are mandatory.

Other: For persons under 18 who hold a junior operator’s license or 

learners permit: 

I. A $500 reinstatement fee following 1st offense suspension, and a 

$1,000 reinstatement fee following a subsequent offense;

II. Completion of a road rage program sponsored by the trial court and 

Department of State Police;

III. Completion of a registrar-selected program that encourages 

attitudinal changes in young drivers;

IV. Successful completion of a driving test. MA ST 90 § 17B.

Reckless Driving:

196 Misdemeanor. MA ST 90 § 24(2)(a); MA ST 274 §1.

Sanctions:

 Imprisonment Term / Fine: Not less than 2 weeks or more than 2 years and/or not less than $20 or 

more than $200. MA ST 90 §24(2)(a).

 

196 The law makes it an offense to operate a motor vehicle recklessly or negligently so that the lives or safety of the public might be 

endangered. Additionally, this section makes it a crime to operate a motor vehicle on a highway upon a bet or wager in a race for the 

purpose of making a record. MA ST 90 § 24(2)(a). 
MASSACHUSETTS

SUMMARY OF SPEED LAWS, 12TH EDITION

108

Mandatory Minimum Term / Fine: The base terms above are mandatory minimums.

Licensing Action:

 Type (Suspension / Revocation): Revocation. MA ST 90 §24(2)(b).

Term of License Suspension / 

Revocation:

First offense– Not less than 60 days; 

Subsequent offense(within 3 years) – Not less than 1 year. 

MA ST 90 §24(2)(c).

 Mandatory Term: The terms above are mandatory.

Other: I. The registrations of any vehicles owned by the offender may be 

revoked. MA ST 90 §24(2)(b).

II. Surcharge:

197 A defendant must pay a surcharge of $250 for the 

purpose of funding head injury treatment services. 

MA ST 90 § 24(2)(a).

Automated Speed Enforcement: Permitted (without S.P.).

198

Limitations of Use of Speed 

Measurement Devices:

No statutory provisions. Use of radar, at a minimum, appears to be 

permitted. See Police Dept. of Groveland v. Gallant, 926 N.E.2d 1195 

(Mass.App.Ct. 2010).

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a

vehicle that person commits 2 “serious traffic violations”199 within a 

3-year period 3 such violations within a 3-year period. 

MA ST 90F §9(E).

Period of Disqualification: Two serious violations (within 3 years) – Not less than 60 days; 

Three serious violations (within 3 years) – Not less than 120 days. 

MA ST 90F §9(E).

 

197 This surcharge only applies to violations of the law related to negligent driving that endangers either lives or the public’s safety. 198 The State Treasurer is authorized to pay the cost of installing suitable traffic control signs, or safety devices, and constructing necessary 

safety improvements at high-accident locations in cities and towns, in accordance with the following procedure. 

MA ST 90 § 33B. This does not specifically include or exclude speed cameras.

199 A “serious traffic violation” includes excessive speed as determined by the U.S. Department of Transportation (exceeding the speed 

limit by 15 or more mph) and operating a motor vehicle as to endanger or reckless driving. MA ST 90F § 1.
MICHIGAN

SUMMARY OF SPEED LAWS, 12TH EDITION

109

JURISDICTION MICHIGAN

Reference: Michigan Compiled Laws Annotated

Basis for a Speed Law Violation: 

Basic Speed Rule: A person shall operate a vehicle at a careful and prudent speed not 

greater than nor less than is reasonable and proper, having due regard 

to the traffic, surface, and width of the highway and of any other 

condition then existing. Additionally, a person shall not operate a 

vehicle upon a highway at a speed greater than that which will permit a 

stop within the assured, clear distance ahead. MI ST §257.627(1).

Statutory Speed Limit: 70 mph on freeways (60 mph max. for trucks greater than 10,000 lbs., 

or vehicles drawing another vehicle or trailer). MI ST § 257.628(8).

55 mph on other highways. MI ST § 257.628(1), (8).

35 mph on a highway segment with 45-59 vehicular access points 

within 1⁄2 mile. MI ST § 257.627(2).

45 mph on a highway segment with 30-44 vehicular access points 

within 1⁄2 mile. MI ST § 257.627(2).

25 mph (prima facie unlawful speed) in business or residential

districts, in public parks or in school zones200 or on a highway with 60 

or more vehicular access points within 1⁄2 mile. 

MI ST §257.627(2); MI ST § 257.627a(2).

Posted (Maximum) Speed Limit: I. Notwithstanding the above speed limits and based on engineering 

and traffic investigations, State and local governments may establish 

maximum speed limits on highways under their jurisdictions. 

MI ST §258.628(1).

II. Local authorities may increase or decrease the 25 mph speed limit 

in a school zone. MI ST § 257.627a(4);MI ST § 257.606(1)(k).

III. Local authorities may increase or decrease the prima facie speed 

limits within their jurisdictions. However, a prima facie speed limit 

outside either a business or residential district shall not be less than 25 

mph. A prima facie speed limit of not less than 15 mph may be 

established for publicly owned parks or playgrounds. 

MI ST § 257.629(1), (3), (4).

IV. A municipal government may establish speed limits on the 

properties of any board of education, school district or community 

college district located within its jurisdiction. MI ST § 257.961.

V. When a state of emergency exists, the Governor may reduce the 

speed limit on any street, highway or freeway via executive order. 

MI ST § 257.629b(1).

 

200 The prima facie speed limit in a school zone is in force: (1) from not less than 30 minutes but not more than 1 hour before school is in 

session to not less than 30 minutes but nor more than 1 hour after school is in session; and (2) during school lunch periods when students 

are allowed to leave the school. MI ST § 257.627a(2). If, in order to attend classes, school children must cross a State highway with a 

speed limit of 35 mph or greater, the State Transportation Commission, at the request of school authorities and based upon traffic 

engineering studies, may reduce the speed limit at designated school crossing zones. 

MI ST § 257.627a(5). If the street in the school zone has a sidewalk on at least one side, the speed limit in the zone may be established at 

not less than 15 mph below the regularly posted speed limit. In no situation shall the limit be established at less than 25 mph. 

MI ST § 257.627(a)(6).
MICHIGAN

SUMMARY OF SPEED LAWS, 12TH EDITION

110

Minimum Speed Limit: I. See the Basic Speed Rule above.

II. The minimum speed limit on freeways is 55 mph. 

MI ST § 257.628(7).

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, State and local 

governments may establish minimum speed limits on highways under 

their jurisdictions. MI ST § 257.628(1).

Other: I. A person entering and passing through a work zone where a normal 

lane or part of the lane of traffic has been closed shall not exceed 45 

mph, unless a different speed limit is determined. MI ST § 257.627(9).

II. A person operating a school bus shall not exceed 55 mph. 

MI ST § 257.627(7).

III. A person operating a truck weighing greater than 10,000 lbs., shall 

not exceed 55 mph on highways, streets, or freeways, but shall not 

exceed 60 mph if the maximum speed is 70 mph.

201

MI ST § 257.627(6).

IV. A person shall not exceed the maximum safe posted speed limit 

that has been established for a bridge, causeway or viaduct. 

MI ST § 257.631(1).

V. In the Lower Peninsula, towed mobile homes more than 14-1/3 feet 

wide shall not exceed a speed of 45 mph or 10 miles per hour below 

the speed limit whichever is lower. MI ST § 257.719b(d).

VI. It is prima facie unlawful to operate a vehicle at a speed 

exceeding15 mph in a mobile park home. MI ST § 257.627(4).

VII. Certain combinations of vehicles shall not be operated at a speed 

greater than 15 mph.202 MI ST § 257.719(4).

Low Speed Vehicles:

Permitted on Public Roads

(Yes/No):

Yes. On public roads with speed limits not exceeding 35 mph. 

MI ST § 257.660(7).

Maximum Speed Permitted: 25 mph. MI ST § 257.25b; MI ST § 257.660; 49 CFR 571.3.

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Civil Infraction. MI ST § 257.627(14); MI ST § 257.628(7); 

MI ST § 257.629(6); MI ST § 257.629b(2).

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: Civil infraction: The number of miles per hour over the speed limit 

determines the fine. MI ST § 257.629c.203

 

201 If reduced loading is being enforced on any highway, the maximum speed is 35 mph. A person operating a modified agriculture vehicle 

shall not exceed 45 mph. MI ST § 257.627(6). 202 The combinations include a truck hauling more than 1 trailer or semi-trailer, and a truck tractor hauling more than 2 semi-trailers or 1 

semi-trailer and a trailer. However, this reduced speed does not apply to farm tractors hauling 2 wagons or garbage/refuse trucks hauling 

up to 4 trailers (with a combined length of not more than 55 feet). MI ST § 257.719(4)(a).
MICHIGAN

SUMMARY OF SPEED LAWS, 12TH EDITION

111

A person who is operating a commercial motor vehicle at the time of 

the offense is subject to a civil infraction fine of not more than $250. 

MI ST § 257.907(3).

Mandatory Minimum Term / Fine: See Footnote below regarding mandatory minimums.

Other Penalties:

Traffic School: A person may be required to attend a traffic education program. 

MI ST § 257.907(5).

 Other: I. Costs not greater than $100 are assessed for speeding while 

operating a commercial motor vehicle. MI ST § 257.907(4). 

II. Points are assessed against the driving record. MI ST § 257.629c.

Licensing Action:

Type (Suspension / Revocation): Suspension through a point system.

204

MI ST § 257.320(1)(d), (2); MI ST § 257.320a; MI ST § 257.629c.

Term of License Suspension /

Revocation:

Not more than 1 year. MI ST § 257.320(4).

Mandatory Term: None

Miscellaneous Sanctions Not 

Included Elsewhere:

Important: I. A person who commits a moving violation (e.g. 

speeding violation) in a construction or school zone is subject to a fine 

that is double that otherwise prescribed by law. MI ST § 257.601b. 

II. A driver who commits a moving violation (including a speed

violation) that results in injury to a person while such person is in a 

construction zone or operating an implement of husbandry commits a 

misdemeanor and is subject to imprisonment for not more than 1 year

and/or a fine of not more than $1,000. For a second offense, a person 

is subject to license revocation for not less than 1 year (mandatory). 

III. A driver who commits a moving violation (including a speed 

violation) that results in the death of a person when such person is in a 

construction zone or is operating an implement of husbandry commits 

a felony and is subject to imprisonment for not more than 15 years

and/or a fine of not more than $7,500. For a first offense, a person is 

subject to license revocation for not less than 1 year (mandatory). For 

a second or subsequent offense (within 7 years), that person is subject 

 

203 However, the following minimum fines shall apply to persons who exceed the speed limit on highways or freeways with a 

maximum speed limit 55 mph or more: 1-5 mph over the limit = $10; 6-10 mph over the limit = $20; 11-15 mph over the 

limit = $30; 16-25 mph over the limit = $40; 26 mph or more over the limit = $50. MI ST § 257.629c. 204 Point System: I. A person's license is subject to suspension for not more than 1 year if accumulating 12 points within a 2-year period. 

MI ST § 257.320. II. The following points are assigned for speeding and speed-related violations: Felony resulting from the operation of 

a motor vehicle = 6 points; Reckless driving = 6 points; Death or injury to a person in a construction zone or who is operating an 

implement of husbandry = 6 points; Exceeding the limit in a work zone by: more than 15 mph = 5 points; by 11-15 mph = 4 points; by 10 

mph or less = 3 points; Drag racing = 4 points; Exceeding the speed by more than 15 mph = 4 points; Careless driving = 3 points; 

Exceeding the speed by: 10 mph or less = 2 points; 11-15 mph = 3 points. MI ST § 257.320a(1). III. However, the following points are 

assessed for exceeding the speed limit on limited access highways where the speed limit is not more than 55 mph and the offender is 

determined responsible or responsible “with an explanation” to a civil infraction: 1-5 mph over the limit= no points; 6-10 mph over the 

limit = 1 point; 11-15 mph over the limit = 2 points; 16-25 mph over the limit = 3 points; and 26 mph or more over the limit = 4 points. 

MI ST § 257.629c.
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to license revocation for not less than 5 years (mandatory). 

MI ST § 257.303(2), (4);MI ST § 257.601b; MI ST § 257.601c

Other Criminal Actions Related to 

Speeding:

Drag Racing on Highway:

205 Misdemeanor. MI ST § 257.626a; MI ST § 257.901(1).

Sanctions:

Imprisonment Term / Fine: Not more than 90 days and/or not more than $100. 

MI ST § 257.901(2).

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Suspension through the point system. MI ST § 257.320(1)(d), (2); 

MI ST § 257.320a(1).

Term of License Suspension / 

Revocation:

Not more than 1 year. MI ST § 257.320(4).

 Mandatory Term: None

Other: 4 points assessed against driving record. MI ST § 257.320a(1).

Careless or Negligent Driving:

206 Civil infraction. MI ST § 257.626b; MI ST § 257.907.

Sanctions:

 Imprisonment Term / Fine: Not more than $250. Note: Each district court and each municipal 

court may establish a schedule of civil fines, costs and assessments to 

be imposed for civil infractions that occur within the respective district 

or city. MI ST § 257.907(3).

Mandatory Minimum Term / Fine: None

Licensing Action:

 Type (Suspension / Revocation): Suspension through the point system. MI ST § 257.320(1)(d), (2); 

MI ST § 257.320a(1).

Term of License Suspension / 

Revocation:

Not more than 1 year. MI ST § 257.320(4).

 Mandatory Term: None

Other: 3 points assessed against the driving record. MI ST § 257.320a(1).

Reckless Driving:

207 Misdemeanor. MI ST § 257.626(a); MI ST § 257.901(1).

 

205 The offense of “drag racing” on a highway is defined as operating a motor vehicle in a speed or acceleration contest for the purpose of 

making a record, or where two or more vehicles accelerate in an attempt to out-distance each other. MI ST § 257.626a. 206 This offense is defined as the operation of a vehicle in a careless or negligent manner which is likely to endanger any person or property 

but where such action was without wantonness or recklessness. MI ST § 257.626b 207 A person commits a misdemeanor if while operating a motor vehicle in a careless or reckless manner but not willfully or wantonly 

causes an accident involving a pregnant woman that results in either a miscarriage or stillbirth. The sanctions for this offense are 

incarceration for not more than 2 years and/or a fine of not more than $2,000. MI ST § 750.90e. Depending upon the 
MICHIGAN

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113

Sanctions:

 Imprisonment Term / Fine: Not more than 93 days and/or not more than $500. 

MI ST § 257.626(b).

Serious Impairment of Body Function: Felony – Not more than 5 

years and/or not less than $1,000 or more than $5,000, including 

forfeiture of the vehicle or immobilization. MI ST § 257.626(3).

Death: Felony – Not more than 15 years and/or not less than $2,500

or more than $10,000, including forfeiture of the vehicle or 

immobilization. MI ST § 257.626(4).

 Mandatory Minimum Term / Fine: Serious Impairment of Body Function: $1,000;

Death: $2,500. MI ST § 257.626.

Licensing Action:

Type (Suspension / Revocation): Suspension through the point system. MI ST § 257.320(1)(d), (2); 

MI ST § 257.320a(1).

Suspension/Revocation. MI ST § 257.303(2)(a); 

MI ST § 257.319(3)(b).

Term of License Suspension / 

Revocation:

First offense - Suspension for 90 days;

Second offense - (within 7 years) – Revocation for 1 year, 45 days. 

However, the revocation is for 5 years if the offender had a previous 

revocation within 7 years. MI ST § 257.303(4)(a)(i), (ii); 

MI ST § 257.319(3)(b).

Mandatory Term: The base terms above are mandatory.

 Other: 6 points assessed against driving record. MI ST § 257.301a(1).

Automated Speed Enforcement: No statutory provision

Limitations of Use of Speed 

Measurement Devices:

No statutory provisions. It appears, at a minimum, that radar and 

laser devices are permitted. See In re Nebel, 777 N.W.2d 132 (Mich. 

2010); People v. Filipi, 2010 WL 3184371 (Mich.App., August 12, 

2010) (not reported).

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person's CDL is suspended if, while driving a CMV, that person 

commits two “serious traffic violations”208 within a 36-month period 

or 3 such violations within a 36-month period. MI ST § 

257.319b(1)(a), (b).

Period of Disqualification: Two serious violations (within 36 months) – 60 days; 

Three serious violations (within 36 months) – 120 days.

MI ST § 257.319b(1)(a), (b).

 

circumstances and the number of prior offenses, there may be a minimum jail sentence via the State’s Sentencing Guidelines 

under Chapter 777.

208 A “serious traffic violation” includes exceeding the speed limit by 15 or more mph and careless driving. MI ST § 257.319b(10)(b).
MINNESOTA

SUMMARY OF SPEED LAWS, 12TH EDITION

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JURISDICTION MINNESOTA

Reference: Minnesota Statutes Annotated

Basis for a Speed Law Violation: 

Basic Speed Rule: No person shall drive a vehicle at a speed greater than is reasonable 

and prudent under the conditions. The driver of any vehicle shall drive 

at an appropriate reduced speed when approaching or passing an 

authorized emergency vehicle stopped with emergency lights flashing 

on any street or highway, when approaching and crossing an 

intersection or railway grade crossing, when approaching and going 

around a curve, when approaching a hill crest, when traveling upon any 

narrow or winding roadway, and when special hazards exist with 

respect to pedestrians or other traffic or by reason of weather or 

highway conditions. MN ST § 169.14, subds. 1, 3.

Statutory Speed Limit: A speed in excess of the following limits is prima facie evidence that 

such a speed is not reasonable and prudent. MN ST §169.14, subd. 2

1) 70 mph on interstate highways outside urban area limits;

2) 65 mph on non-interstate freeways and highways and interstates 

within urban area limits;

3) 55 mph on highways in all other locations;

4) 35 mph in a rural residential district if adopted by the road 

authority having such jurisdiction;

4) 30 mph in an urban district;

5) 25 mph on residential roadways;

209

6) 10 mph in alleys. 

7) 10-30 mph in manufactured home parks;

210

8) 10 mph in recreational camping areas. 

MN ST §327.27, subd. 2, 2a.

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State 

Commissioner of Transportation may increase or decrease the above 

speed limits. Any speed in excess of these posted limits is prima facie 

evidence that the speed was not reasonable or prudent. 

MN ST § 169.14, subds. 4,5. 

II. If the Commissioner establishes a speed limit of greater than 30 

mph for a highway within an urban district, the local government may 

reduce such limit for quarter-mile segments to 30 mph. 

MN ST §169.14, subd. 5b.

III. Based on engineering and traffic investigations, local governments 

may establish speed limits in school zones.211 The speed limit in such 

zone cannot be less than 15 mph nor more than 20 mph below the 

established speed limit where such speed limit is normally 40 mph or 

 

209 This becomes effective if such a speed limit is adopted by the authority having jurisdiction over such roadway and signs erected. MN ST 

§ 169.14, subd. 2(a)(8), (b).

210 The speed limit in a manufactured home park is 10 mph. MN ST § 327.27, subd. 2. However, by local ordinance, this limit may be 

increased to no more than 30 mph. MN ST § 327.27, subd. 2a.

211 If the school speed zone is on a trunk highway, the local government must obtain the consent of State Commissioner of Transportation 

before such zone is established. MN ST §169.14, subd. 5a
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greater. MN ST §169.14, subd. 5a.

IV. Based on engineering and traffic investigations, a local 

government may establish a speed limit different than above for any 

alley. MN ST §169.14, subd. 5c.

V. The State Commissioner (on trunk highways) and local 

governments (on streets and roads under their jurisdiction) may 

establish temporary speed limits in work zones. 

MN ST §169.14, subd. 5d(a). The minimum speed limit in these 

zones is 20 mph. However, the speed in such zone shall neither be 

less than 15 mph below the normal speed limit nor more than 40 mph. 

Exception: On divided highways, the speed limit in such zones 

cannot be greater than 55 mph. MN ST §169.14, subd. 5d(b), (c).

VI. Based on engineering and traffic investigations, local 

governments may establish speed limits within school zones. These 

limits shall be in effect when children are present at, going to or 

leaving schools during opening or closing hours or during school 

recess periods. Such speed limits shall neither be less than 15 mph 

nor more than 30 mph below the established speed limits. 

MN ST §169.14, subd. 5a(a).

VII. Based on engineering and traffic investigations, the 

governmental authority over a park may establish speed limits 

therein.

212 MN ST § 169.14, subd. 5e. The speed limit cannot be less 

than 20 mph. In addition, existing speed limits cannot be reduced by 

more than 15 mph. MN ST §169.14, subd. 5e.

VIII. Based on investigations, the State Commissioner may establish a 

safe maximum speed for bridges or elevated structures. 

MN ST §169.16.

IX. The Regents of the University of Minnesota have the authority to 

adopt traffic rules and regulations for roads, streets and highways 

situated on property owned, leased or occupied by the University. 

This would include the establishment of speed limits. 

MN ST §169.965, subd. 1.

Minimum Speed Limit: I. A person shall not operate a motor vehicle at such a slow speed as to 

impede or block the normal and reasonable movement of traffic. 

MN ST §169.15.

II. A person driving at less than the normal speed of traffic shall drive 

in the right-hand lane then available for traffic or as close as 

practicable to the right-hand curb or edge of the roadway. 

Additionally, official signs may be erected to direct slow-moving 

traffic to use a designated lane. MN ST § 169.18, subds. 7, 10.

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State 

Commissioner may establish minimum speed limits on any part of a 

trunk highway. MN ST §169.14, subd. 8.

Other: A person is prohibited from operating a vehicle which is pulling 

another with chains and tow bars more than 35 mph. 

 

212 If the park is on a trunk highway, the local government must obtain the consent of State Commissioner of Transportation before such 

zone is established. MN ST §169.14, subd. 5e
MINNESOTA

SUMMARY OF SPEED LAWS, 12TH EDITION

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MN ST §168.055.

Low Speed Vehicles:

Permitted on Public Roads

(Yes/No):

Yes. On public roads with speed limits of 35 mph or less. 

MN ST § 169.224, subd. 3.

Maximum Speed Permitted: 25 mph. MN ST § 169.011, subd. 47.

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Petty Misdemeanor. MN ST §169.89, subd. 1(1).

However, a third or subsequent violation within 12 months = 

misdemeanor. MN ST §169.89, subd. 1(2).

Other: It is a misdemeanor for a person to operate a vehicle which is pulling 

another with chains and tow bars more than 35 mph. 

MN ST §168.056.

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: Petty Misdemeanor Offense– Not more than $300. 

MN ST §169.89, subd. 2

Misdemeanor Offense– Not more than 90 days and/or not more than 

$1,000. MN ST § 609.02(3); MN ST§609.03(3).

Mandatory Minimum Term / Fine: Petty Misdemeanor Offense– None. 

Misdemeanor Offense– Not less than or more than 30% of the 

maximum statutory fine or 30% of the maximum fine for the specific 

offense in a uniform fine schedule (if lower than the statutory 

maximum). This may be reduced to $50 based on undue hardship. 

MN ST §609.101, subds. 4, 5(b).

Other Penalties:

Traffic School: In addition to or in lieu of other sanctions, the court may require a person 

to attend a driver improvement clinic. MN ST §169.89, subd. 5

Licensing Action:

Type (Suspension / Revocation): Suspension.

213 MN ST §171.16, subds. 1, 2; 

MN ST § 171.18, subd. 1, (2), (4).

Third or subsequent offense (within 12 months) – Revocation.

214

MN ST §171.17, subd. 1(6).

 

213 I. The court, in its discretion, may recommend that the licensing agency suspend an offender's license. Upon such recommendation, the 

licensing agency suspends the person's license without a hearing. MN ST § 171.16, subd. 2. II. The licensing agency on its own initiative 

can suspend an offender's license if the violation contributed to an accident that resulted in death, personal injury or property damage or the 

offender is a habitual violator of the traffic laws. MN ST § 171.18, subd. 1(a)(2), (4). 214 The law provides for license revocation for the commission of 3 or more violations of Chapter 169 (e.g., speeding, reckless driving or 

careless driving violations) within a 12-month period. MN ST §171.17, subd. 1(a)(6).
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SUMMARY OF SPEED LAWS, 12TH EDITION

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Term of License Suspension / 

Revocation:

Suspension. The law providing for court-recommended suspensions 

does not state either minimum or maximum suspension periods. 

MN ST §171.16, subds. 1, 2. However, statutory provisions providing 

for such action via independent licensing agency action provide that a 

person's license is not to be suspended for more than 1 year. 

MN ST §171.18, subd. 3(d).

Revocation. The law does not provide for a maximum revocation 

period.

Mandatory Term: None. In circumstances where an offender's license has been 

suspended or revoked, he/she may obtain limited driving privileges for 

employment, educational or medical needs and for other purposes 

connected with his/her family's well-being. MN ST §171.30.

Miscellaneous Sanctions Not 

Included Elsewhere:

Construction Zone: A person who violates the “work zone speed 

limit” is assessed an additional surcharge which is equal to the fine but 

not less than $25. MN ST §169.14, subd. 5d(f).

School Zone: A person who violates the “school zone speed limit” is 

assessed an additional surcharge which is equal to the fine but not less 

than $25. MN ST § 169.14, subd. 5a(d).

Other Criminal Actions Related to 

Speeding:

Reckless or Careless Driving:

215 Misdemeanor. MN ST §169.13, subds. 1, 2.

Sanctions:

Imprisonment Term / Fine: Not more than 90 days and/or not more than $1,000. 

MN ST § 609.02, subd. 3; MN ST § 609.03(3).

 Mandatory Minimum Term / Fine: 30% of the maximum statutory fine or 30% of the maximum fine for 

the specific offense in a uniform fine schedule (if lower than the 

statutory maximum). This may be reduced to $50 based on undue 

hardship. MN ST § 609.101, subds. 4, 5(b). 

Licensing Action:

Type (Suspension / Revocation): Suspension. MN ST § 171.16, subds. 1, 2; 

MN ST §171.18, subd. 1(2), (4).

Term of License Suspension / 

Revocation:

Suspension. The law providing for court-recommended suspensions 

does not state either minimum or maximum suspension periods. 

MN ST § 171.16, subds. 1, 2. However, statutory provisions providing 

for such action via independent licensing agency action provide that a 

person's license is not to be suspended for more than 1 year. 

MN ST § 171.18, subd. 3(d).

 

215 Reckless Driving: “Reckless driving” is defined as operating a motor vehicle as to indicate either a willful or a wanton disregard for the 

safety of persons or property. Racing: “Racing” means willfully comparing or contesting relative speeds by operating one or more 

vehicles. Racing constitutes reckless driving, whether or not the speed is in excess of the maximum speed limit prescribed by law. MN ST 

§ 169.13, sub. 1(a), (b). Careless Driving: “Careless driving” is defined as operating a motor vehicle carelessly or heedlessly in disregard 

of the rights of others, or in a manner that endangers or is likely to endanger any property or any person, including the driver or passengers 

of the vehicle. MN ST § 169.13, subd. 2. Both offenses are misdemeanors. MN ST §169.13, subds. 1, 2.
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SUMMARY OF SPEED LAWS, 12TH EDITION

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Revocation. The law does not provide for a maximum revocation 

period.

 Mandatory Term: None. In circumstances where an offender's license has been revoked, 

he/she may obtain limited driving privileges for employment, 

educational or medical needs and for other purposes connected with 

his/her family's well-being. MN ST § 171.30, subd. 1.

Other: In addition to or in lieu of other sanctions, the court may require a 

person to attend a driver improvement clinic. 

MN ST § 169.89, subd. 5.

Automated Speed Enforcement: No by S.P. A city is authorized to regulate traffic by means of police 

officers or traffic-control signals only. MN ST § 169.04(a)(2). 

Therefore, the use of speed cameras would be in direct conflict with 

that statute, and with MN ST § 169.06, subd. 4(a), which mandates a 

driver to obey a traffic-control device or police officer.216

Limitations of Use of Speed 

Measurement Devices:

Yes. Radar devices are permitted. MN ST § 169.14, subds. 10, 11.

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person is disqualified from operating a CMV if, while driving such a 

vehicle, that person commits 2 “serious traffic violations”217 within a 

3-year period or 3 such violations within a 3-year period. 

MN ST § 171.165, subd. 1; 49 C.F.R. 384.218; 49 C.F.R. 384.219.

Period of Disqualification: Two serious violations (within 3 years) – 60 days; 

Three serious violations (within 3 years) – 120 days. 

MN ST § 171.165, subd. 1; 49 C.F.R. 384.218; 49 C.F.R. 384.219.

 

216 See State v. Kuhlman, 729 N.W.2d 577 (Minn. 2007) (holding the use of automated photo-enforcement of traffic signals was in direct 

conflict with the law). By virtue of this case analysis, speed cameras would be in direct conflict as well. 217 A “serious traffic violation” includes exceeding the speed limit by 15 or more mph or reckless driving. 49 C.F.R. 383.51.
MISSISSIPPI

SUMMARY OF SPEED LAWS, 12TH EDITION

119

JURISDICTION MISSISSIPPI

Reference: Mississippi Code Annotated

Basis for a Speed Law Violation: 

Basic Speed Rule: I. No person shall operate a vehicle on the highways of the State at a 

speed greater than 65 miles per hour. MS ST §63-3-501.

II. The driver or operator of any motor vehicle must decrease speed 

when approaching and crossing an intersection, when approaching and 

going around a curve, when approaching a hill crest, when traveling 

upon any narrow or winding roadway, or when special hazard exists 

with respect to pedestrians or other traffic. MS ST § 63-3-505.

Statutory Speed Limit: 70 mph on interstate highways or on controlled-access highways with 

four or more lanes;

65 mph on all other highways. 

MS ST §63-3-501.

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State Highway 

Commission may decrease the above speed limits which become 

effective when appropriate signs giving notice thereof are erected at 

such intersection or other place or part of the highway, and local 

governments may decrease the maximum speed limits on streets or 

highways under their jurisdictions to a safe and reasonable speed. 

However, no posted speed limit shall be less than 15 mph. 

MS ST § 63-3-503.

II. Whenever the State Highway Commission shall lower the 

maximum speed limit in response to Federal laws, regulations or 

guidelines for purposes of energy conservation, local authorities shall 

immediately lower maximum speed limits on local highways, not to 

exceed a maximum speed limit of 55 mph. MS ST § 63-3-511.

III. Based on engineering and traffic investigations, local 

governments may adopt speed limits on limited portions of highways 

that are near schools or churches. The local government may provide

that these special limits shall only be in effect during certain days or 

times. MS ST §63-3-515.

Minimum Speed Limit: A person driving at less than the normal speed of traffic shall drive in 

the right-hand lane then available for traffic or as close as practicable 

to the right-hand curb or edge of the roadway. MS ST §63-3-603(d).

Posted (Minimum) Speed Limit: 30 mph on federally designated highways when no hazard exists. 

MS ST §63-3-509(1).

40 mph on Interstate highways and on four-lane U.S. designated 

highways which have a posted maximum speed limit of 70 mph. 

MS ST §63-3-509(2). 

Other: I. A school bus shall not be operated at a speed greater than 45 mph 

while transporting children to and from school on regular routes. 

However, such bus may be operated at a speed not greater than 50 mph 

on authorized school trips. MS ST §37-41-47.

II. All trucks, truck-trailers or passenger buses shall be required to 
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SUMMARY OF SPEED LAWS, 12TH EDITION

120

reduce speed to 45 mph when visibility is bad during inclement 

weather. MS ST §63-3-505.

III. The State Highway Commission may establish safe maximum 

speed limits for bridges or elevated structures. MS ST §63-3-513

IV. Speed limits may be established for highway work zones. 

MS ST §63-3-516(1).

V. A governmental entity that operates and maintains a toll road may 

establish the maximum speed for motor vehicles operated on any toll 

road not greater than 80 mph. MS ST § 63-3-501.

Low Speed Vehicles: No statutory provisions

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Misdemeanor MS ST §37-41-47; MS ST § 63-9-11(1).

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: First conviction – Not more than 10 days or not more than $100;

Second conviction(within 1 year) – Not more than 20 days and/or not 

more than $200;

Third or subsequent conviction (within 1 year after the 1st conviction) 

– Not more than 6 months and/or not more than $500. 

MS ST § 63-9-11(2).

Special Note: If the offender exceeded the posted speed limit (MS ST 

§63-3-503) but did not exceed the maximum speed limit (MS ST §63-

3-501), the sanction is only half of that noted above. 

MS ST §63-3-503.

Operating a School Bus in Excess of either 45 or 50 mph – Not less 

than $25 or more than $100.

218 MS ST §37-41-47.

Mandatory Minimum Term / Fine: A State assessment may not be suspended. For a violation by a school bu 

driver, the mandatory minimum is $25.

Other Penalties:

Traffic School: First offenders who meet eligibility requirements and participate in at 

least 4 hours of a traffic violator’s course will not have the violation 

recorded on the driving record. MS ST §63-9-11(3).

 Other: Highway Work Zone: 

First offense: Not more than $250;

Second and subsequent offenses: A fine of double the maximum fine 

imposed for 2nd, 3rd or subsequent offenses as listed above (MS ST § 

63-9-11). MS ST §63-3-516(1).

 

218 In addition to this sanction, the driver may be discharged from further employment as a school bus driver or carrier and his contract as 

such may be terminated. 
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SUMMARY OF SPEED LAWS, 12TH EDITION

121

Surcharge: A surcharge not exceeding $10 may be assessed by the 

court. MS ST § 63-9-31.

Traffic Ticket Surcharge: A surcharge not exceeding $1 may be 

assessed by any municipality with a population of 15,000 or more.

MS ST § 63-9-33.

Licensing Action:

Type (Suspension / Revocation): Suspension219 MS ST § 63-1-53(2).

Term of License Suspension / 

Revocation:

Note: The law does not specify either a minimum or maximum 

suspension period for speeding violations.

Mandatory Term: None

Miscellaneous Sanctions Not 

Included Elsewhere:

I. For speed law violations, there is a mandatory State assessment of 

$90.50, in addition to any fine. Such assessment shall not be 

suspended. MS ST § 99-19-73(1).

II. Additional assessments shall be imposed.220

Other Criminal Actions Related to 

Speeding:

Reckless Driving: Misdemeanor MS ST § 63-3-1201; MS ST § 63-9-11(1).

Sanctions:

 Imprisonment Term / Fine: First offense: Not less than $5 or more than $100;

Subsequent offense: Not more than $500 and/or not more than 10 days.

MS ST § 63-3-1201.

Mandatory Minimum Term / Fine: Any State assessment shall not be suspended. MS ST § 99-19-73.

Licensing Action:

 Type (Suspension / Revocation): Suspension. MS ST § 63-1-53(2)(c), (3).

Revocation – 3 or more offenses within 12 months. 

MS ST § 63-1-51(1)(e).

Term of License Suspension / 

Revocation:

For suspension, the law does not provide a minimum or maximum 

period. For revocation, the period is 1 year. MS ST § 63-1-51(1).

 Mandatory Term: The 1-year term for revocation appears to be mandatory.

Other: State assessment: $90.50. MS ST § 99-19-73(1).

Reckless driving violation assessment: $10. MS ST § 99-19-73(5).

Surcharge: A surcharge not exceeding $10 may be assessed by the 

court. MS ST § 63-9-31.

Traffic Ticket Surcharge: A surcharge not exceeding $1 may be 

assessed by any municipality with a population of 15,000 or more. 

 

219 The licensing agency has the discretionary authority to suspend a person's license if that person has “been convicted with such

frequency of serious offenses against traffic regulations governing the movement of traffic as to indicate disrespect for traffic laws and a 

disregard for the safety of other persons on the highways,” or has been a habitually reckless or negligent driver. MS ST § 63-1-53(2). 220 Assessments: exceeding the posted speed limit by at least 10 mph but not more than 20 mph = $10; exceeding by at least 20 mph but 

not more than 30 mph = $20; exceeding by 30 mph or more = $30; reckless driving = $10; careless driving = $10. MS ST § 99-19-73(5).
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SUMMARY OF SPEED LAWS, 12TH EDITION

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MS ST § 63-9-33.

Careless Driving:

221 Misdemeanor MS ST § 63-3-1213; MS ST § 63-9-11(1).

Sanctions:

 Imprisonment Term / Fine: Not less than $5 or more than $50.

 Mandatory Minimum Term / Fine: $5 plus any State assessment.

Licensing Action:

Type (Suspension / Revocation): Suspension. MS ST § 63-1-53(2)(c)(3).

Term of License Suspension / 

Revocation:

The law does not provide a minimum or maximum suspension period. 

Mandatory Term: N/A

 Other: State assessment: $90.50. MS ST § 99-19-73(1).

Careless driving violation assessment: $10. MS ST §99-19-73(5).

Surcharge: A surcharge not exceeding $10 may be assessed by the 

court. MS ST § 63-9-31.

Traffic Ticket Surcharge: A surcharge not exceeding $1 may be 

assessed by any municipality with a population of 15,000 or more. 

MS ST § 63-9-33.

Racing and Drag Racing:

222 Misdemeanor. MS ST § 63-3-1215; MS ST § 63-9-11(1).

Sanctions:

 Imprisonment Term / Fine: Not more than $1,000 and/or not more than 6 months.

MS ST § 63-3-1215(4).

 Mandatory Minimum Term / Fine: Any State assessment shall not be suspended. MS ST § 99-19-73.

Licensing Action:

Type (Suspension / Revocation): Suspension. MS ST § 63-1-53(2)(c)(3).

Term of License Suspension / 

Revocation:

The law does not provide a minimum or maximum suspension period. 

Mandatory Term: None

 Other: State assessment: $90.50. MS ST § 99-19-73(1).

Other misdemeanor assessment: $106.75. MS ST § 99-19-73(6).

Surcharge: A surcharge not exceeding $10 may be assessed by the 

court. MS ST § 63-9-31.

 

221 “Careless driving” is defined as operating "any vehicle in a careless or imprudent manner, without due regard for the width, grade, 

curves, corner, traffic and use of the streets and highways and all other attendant circumstances." It is considered a lesser offense of 

reckless driving. MS ST § 63-3-1213. 222 “Drag race” means the operation of two (2) or more vehicles from a point side by side at accelerating speeds in a competitive attempt to 

out distance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point, for 

the purpose of comparing the relative speeds or power of acceleration of such vehicle or vehicles within a certain distance or time limit on 

the public roads of this State. “Racing” means the use of one or more vehicles in an attempt to out gain, out distance, or prevent another 

vehicle from passing, or to test the physical stamina or endurance of drivers over long distance driving routes on the public roads of this 

State. MS ST § 63-3-1215(2), (3).
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SUMMARY OF SPEED LAWS, 12TH EDITION

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Traffic Ticket Surcharge: A surcharge not exceeding $1 may be 

assessed by any municipality with a population of 15,000 or more. 

MS ST § 63-9-33.

Automated Speed Enforcement: No by S.P. All localities are prohibited from using automated 

enforcement. MS ST § 63-3-519.

Limitations of Use of Speed 

Measurement Devices:

Yes. The Mississippi Highway Safety Patrol is prohibited from setting 

up radar on highways within municipalities with a population in excess 

of 15,000. MS ST § 63-3-519.

Commercial Motor Vehicle 

(CMV)Operators:

Grounds for Disqualification: A person's CDL is suspended if while driving a CMV that person 

commits 2 “serious traffic violations”223 within a 3-year period or 3 

such violations within a 3-year period. MS ST § 63-1-216(1)(d).

Period of Disqualification: Two serious violations (within 3 years) – 60 days;

Three serious violations (within 3 years) – 120 days. 

MS ST § 63-1-216(1)(d).

 

223 A “serious traffic violation” includes exceeding the speed limit by 15 or more mph and reckless driving. MS ST§ 63-1-203(r).
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SUMMARY OF SPEED LAWS, 12TH EDITION

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JURISDICTION MISSOURI

Reference: Missouri Statutes Annotated

Basis for a Speed Law Violation: 

Basic Speed Rule: A person shall operate a motor vehicle in a careful and prudent manner 

and at a rate of speed so as not to endanger the property of another or 

the life or limb of any person and shall exercise the highest degree of 

care. MO ST §304.012.1.

Statutory Speed Limit: 70 mph on rural interstates and freeways. 65 mph on rural 

expressways. 60 mph on urban interstate highways, expressways and 

freeways, and other roads except State two-lane “lettered” roads 

outside of urban areas. 55 mph on State two-lane "lettered" roads. 

MO ST §304.010.2.

Posted (Maximum) Speed Limit: I. The State may increase the maximum speed limit to 60 mph on 

State two-lane “lettered” roads. MO ST §304.010.2(5). 

II. Local governments with State approval may establish speed limits 

on the streets or roads within their jurisdiction. MO ST § 304.010.6; 

MO ST § 304.010.7.

III. Under separate statutory authority, the State and local 

governments may fix a speed limit by posting appropriate signs on 

roads under their jurisdictions. A violation of this posted speed limit 

is prima facie evidence of careless and imprudent driving. 

MO ST §304.351.7

IV. Under separate authority, cities, towns and villages have the 

authority to enact ordinances which regulate traffic. This includes 

establishing speed limits. MO ST § 77.520, MO ST § 79.410; 

MO ST § 300.205.

V. The State may increase or decrease the maximum speed limits on 

any State road (e.g., interstate highways, freeways or expressways) 

not under a local jurisdiction. However, no speed limit shall be 

established at greater than 70 mph. MO ST § 304.010.3. 

Minimum Speed Limit: I. No person shall operate a motor vehicle at such a slow speed as to 

impede or block the normal and reasonable movement of traffic. 

MO ST §304.011.1.

II. For highways that have been divided into three or more lanes, a 

person driving at less than the normal speed of traffic shall drive in the 

right-hand lane for traffic or as close as practicable to the right-hand 

curb or edge of the roadway. MO ST §304.015.5(3).

Posted (Minimum) Speed Limit: 40 mph on interstate highways.224 MO ST §304.011.2.

Other: The driver of a vehicle shall not follow another vehicle more closely 

than is reasonably safe and prudent, having due regard for the speed of 

 

224 There is an exception for certain agricultural-type vehicles being operated on such highways with special permits for short distances. 

Additionally, there is an exception if slower speed is required for the safe operation of the vehicle because of weather or other special 

conditions. MO ST § 304.011.2(2).
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SUMMARY OF SPEED LAWS, 12TH EDITION

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such vehicle and the traffic upon and the condition of the roadway. 

MO ST § 304.017.1.

Low Speed Vehicles:

Permitted on Public Roads 

(Yes/No):

Yes. On public roads with a speed limit of 35 mph or less. 

MO ST § 304.029.2.

Maximum Speed Permitted: 25 mph. MO ST § 304.029.6; 49 CFR 571.3.

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: I. Driving 5 mph or less over the speed limit is an infraction. 

MO ST § 304.009.1.

II. Driving at less than the normal speed of traffic and not driving in the 

right lane is a Class C misdemeanor. If such violation causes an 

immediate threat of an accident, then it is a Class B misdemeanor. If 

an accident results from such violation, it is a Class A misdemeanor. 

MO ST § 304.015.9.

III. Driving 20 mph or greater over the speed limit is a Class B 

Misdemeanor. MO ST § 304.010.11.

IV. A violation of the basic speed rule is a Class B Misdemeanor. 

MO ST § 304.012.2.

V. A violation of the basic speed rule that results in an accident is a 

Class A misdemeanor. MO ST § 304.012.2.

VI. Driving so as to impede traffic is an unclassified traffic regulations 

misdemeanor. MO ST § 304.011.1; MO ST § 304.570.

VII. A violation of the posted speed limit established under MO ST § 

304.351.7 (prima facie evidence of careless and imprudent driving) is a 

Class C misdemeanor. MO ST § 304.351.8.

VIII. All other speed law violations, including driving less than 40 mph 

on an interstate, are Class C misdemeanors. MO ST § 304.011.3.

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: Infraction– Not more than $200. MO ST § 560.016.1(4).

Class A misdemeanor– Not more than 1 year and/or not more than 

$1,000. MO ST § 558.011.1(5); MO ST § 560.016.1(1).

Class B misdemeanor– Not more than 6 months and/or not more than 

$500. MO ST § 558.011.1(6); MO ST § 560.016.1(2).

Class C misdemeanor– Not more than 15 days and/or not more than 

$300. MO ST § 558.011.1(7); MO ST § 560.016.1(3).

Unclassified Traffic Regulation Misdemeanor– Not more than 1 

year and/or not less than $5 or more than $500. MO ST § 304.570.

Mandatory Minimum Term / Fine: None

Other Penalties:

Traffic School: If a person pays the fine and costs associated with speed law 

violations, he/she also consents to attendance at any driver

improvement program ordered by the court and consent to verification 

of such attendance. MO ST § 302.302.5; MO ST § 476.385.4.
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SUMMARY OF SPEED LAWS, 12TH EDITION

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 Other: Additional Fine: If a person violates MO ST § 302.010 of the speed 

laws while in a construction (or work) zone, that person is assessed an 

additional fine of $35, for a first offense. For a subsequent offense, the 

additional fine is $75. MO ST § 304.582.1. If the violation occurs 

when workers are present and a warning is posted, the additional fine 

is $250 for a first offense. For a subsequent offense, the additional fine 

is $300. MO ST § 304.582.2.

Surcharge: A surcharge of $2 shall be assessed for benefit of the 

Spinal Cord Injury Fund. MO ST § 304.027.2.

A surcharge of $2 shall be assessed for benefit of the Brain Injury 

Fund. MO ST § 304.028.2.

Licensing Action:

Type (Suspension / Revocation): Suspension or Revocation under the point system.225

MO ST § 302.302; MO ST § 302.304.

Term of License Suspension / 

Revocation:

30 days to 1 year.

226 MO ST § 302.304.

Mandatory Term: None. Note: An offender is eligible for hardship driving privileges.227

MO ST § 302.309.3(1).

Miscellaneous Sanctions Not 

Included Elsewhere:

Travel Safe Zone: Any person found guilty of a moving violation 

(MO ST § 302.010) or speeding violation (MO ST § 304.009; MO ST 

§ 304.010) within a travel safe zone228 shall be fined double the 

amount of the fine authorized to be imposed by law. 

MO ST § 304.590.2; MO ST § 304.590.3.

Other Criminal Actions Related to 

Speeding:

Racing on Highway: Note: Local governments may prevent racing on the highways.229

 

225 Point System: I. An offender's license is subject to suspension if that person accumulates 8 points in 18 months. MO ST § 302.304.3. 

Initial suspension = 30 days; second suspension = 60 days; third or subsequent suspension = 90 days. MO ST § 302.304.4. II. An 

offender's license is subject to revocation if that person accumulates 12 points within 12 months, 18 points within 24 months, or 24 points 

within 36 months. The period of revocation is 1 year. MO ST § 302.304.7; MO ST § 302.190. III. The following points are assigned to 

speeding and speed-related violations: speeding in violation of State law = 3 points; speeding in violation of local government law = 2 

points. MO ST § 302.302.1(2). Careless and imprudent driving = 4 points. MO ST § 302.302.1(4). An additional 2 points are assessed if 

a violation resulted in either a personal injury or property damage. MO ST § 302.302.3. However, no points are assessed for driving 5 

mph or less over the speed limit. MO ST § 304.009.1.

226 Under most circumstances, a license cannot be suspended or revoked for more than 1 year. MO ST § 302.190. However, either a 

suspension or a revocation can be “continued in effect for two years” if a person does not maintain proof of financial responsibility. MO ST 

§ 302.304.4; MO ST § 302.304.7. 

227 Hardship driving privileges may be granted for employment, occupational, business and educational purposes, for medical treatment 

including drug and alcohol treatment programs, and for any other circumstances found to create an undue hardship. MO ST § 

302.309.3(2).

228 A “travel safe zone” means an area upon or around any highway which is visibly marked by the State Department of Transportation; 

and when a highway safety analysis demonstrates fatal or disabling motor vehicle crashes exceed a predicted safety performance level for 

comparable roadways as determined by the State Dept of Transportation. MO ST § 304.590.1. 229 I. A Third Class City (a city or town with population of 3,000 or more) may enact an ordinance prohibiting highway racing. MO ST § 

72.030; MO ST § 77.520; MO ST § 77.590. The maximum sanctions that can be established for violating this prohibition are an 

imprisonment term of not more than 1 year and/or a fine of not more than $1,000. MO ST § 77.590. II.A Fourth Class City (generally a 

city or town with population at least 500 but less than 3,000) may enact an ordinance prohibiting highway racing. MO ST § 72.040.1; MO 

ST § 79.410. The maximum sanctions that can be established for violating this prohibition are an imprisonment term of not more than 90 

days and/or a fine of not more than $500. MO ST § 79.470.
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Reckless Driving: Class B misdemeanor. If accident results, Class A misdemeanor.

MO ST § 304.012.1; MO ST § 304.012.2.

Sanctions:

 Imprisonment Term / Fine: Class B misdemeanor– Not more than 6 months and/or not more than 

$500. MO ST § 558.011.1(6); MO ST § 560.016.1(2).

Accident: Class A misdemeanor– Not more than 1 year and/or not 

more than $1,000. MO ST § 558.011.1(5); MO ST § 560.016.1(1).

Mandatory Minimum Term / Fine: None

Licensing Action:

 Type (Suspension / Revocation): Suspension or Revocation under the point system. 

MO ST § 302.302 ; MO ST § 302.304.

Term of License Suspension / 

Revocation:

30 days to 1 year. MO ST § 302.304.

 Mandatory Term: None. Note: An offender is eligible for hardship driving privileges. 

MO ST § 302.309.3(1).

Other: 4 points assessed against driving record.

6 points assessed against driving record if accident results. 

MO ST § 302.302.1; MO ST § 302.302.3.

Surcharge: A surcharge of $2 shall be assessed for benefit of the 

Spinal Cord Injury Fund. MO ST § 304.027.

A surcharge of $2 shall be assessed for benefit of the Brain Injury 

Fund. MO ST § 304.028.

Endangerment of Highway 

Worker:

230

Unclassified Traffic Regulation Misdemeanor. 

MO ST § 304.570; MO ST § 304.585. 

Sanctions:

 Imprisonment Term / Fine: Not more than $1,000. MO ST § 304.570.

Aggravated Endangerment (resulting in death or injury): Not more 

than $5,000 (injury); Not more than $10,000 (death).

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Revocation

Term of License Suspension / 

Revocation:

Not more than 1 year. MO ST § 304.304; MO ST § 304.585.3.

Mandatory Term: None. Note: An offender is eligible for hardship driving privileges. 

MO ST § 302.309.3(1).

 Other: 4 points assessed against driving record. MO ST § 304.585.2.

 

230 A person shall be deemed to commit the offense of “endangerment of a highway worker” upon conviction for the following, but not 

limited to: exceeding the posted speed limit by 15 mph or more, and careless and imprudent driving, when the offense occurs within a 

construction zone or work zone, as defined in MO ST § 304.580. No person shall be cited or convicted for this offense for any act or 

omission if such act or omission resulted in whole or in part from mechanical failure of the person’s vehicle or from the negligence of 

another person or a highway worker. MO ST § 304.585.
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SUMMARY OF SPEED LAWS, 12TH EDITION

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12 points assessed against driving record if injury or death results. 

MO ST § 304.585.3.

Surcharge: A surcharge of $2 shall be assessed for benefit of the

Spinal Cord Injury Fund. MO ST § 304.027.

A surcharge of $2 shall be assessed for benefit of the Brain Injury

Fund. MO ST § 304.028.

Automated Speed Enforcement: No statutory provisions.

Limitations of Use of Speed 

Measurement Devices:

No statutory provisions. However, it appears that, at a minimum, the 

use of radar is permitted. See State v. Murphy, 358 S.W.3d 126 

(Mo.App. S.D. 2011).

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a

vehicle that person commits 2 “serious traffic violations”231 within a 3-

year period or 3 such violations within a 3-year period. 

MO ST § 302.755.5. 

Period of Disqualification: Two serious violations (within 3 years) – Not less than 60 days;

Three serious violations (within 3 years) – Not less than 120 days.

MO ST § 302.755.5.

 

231 A “serious traffic violation” includes careless, reckless, imprudent driving and excessive speeding. MO ST § 302.700.2(30).
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JURISDICTION MONTANA

Reference: Montana Code Annotated

Administrative Rules of Montana (ARM)

Basis for a Speed Law Violation: 

Basic Speed Rule: Subject to the (maximum) statutory speed limits below, a person shall 

operate a vehicle in a careful and prudent manner and at a reduced rate 

of speed no greater than is reasonable and prudent under the conditions 

existing at the point of operation, taking into account the amount and 

character of traffic, visibility, weather and roadway conditions. 

MT ST § 61-8-303(3).

Statutory Speed Limit: 75 mph232 at all times on Federal-aid interstate highways outside an 

urbanized area with population 50,000 or more. 65 mph at all times 

on Federal-aid interstate highways within an urbanized area with a 

population 50,000 or more. 70 mph during the daytime233 and 65 

mph during the nighttime on any other public highway. 25 mph in 

an urban district. MT ST § 61-8-303(1).

Posted (Maximum) Speed Limit: I. The State Department of Transportation, based on engineering and 

traffic investigations which indicate that a greater or lesser speed limit 

than noted above is reasonable or safe, may establish different speed 

limits on a segment of a highway less than 50 miles in length. 

MT ST § 61-8-309(1). 

II. Based on engineering and traffic investigations, the State may 

establish safe maximum speed limits for bridges or other elevated 

structures. MT ST § 61-8-313(2), (3).

III. Based on engineering and traffic investigations, a local 

government may increase or decrease the maximum speed limits on 

highways under its jurisdiction.234 MT ST § 61-8-310(1).

IV. A local government may establish speed limits on county roads 

without an engineering and traffic investigation. 

MT ST § 61-8-310(1)(c), (2).

V. Under separate authority, a local government may determine the 

proper speed limits for all arterial streets under its jurisdiction. Such 

limits may be less or greater than the maximum speed limit provided 

for an urban district (MT ST § 61-8-303). MT ST § 7-14-2113;

MT ST § 61-8-310(3).

VI. The State Department of Transportation or a local government 

must establish appropriate speed limits in construction zones and 

work zones. Note: This authority may also extend to utility 

 

232 When traveling on a two-lane road, a person may exceed this speed limit by 10 mph in order to overtake and pass another vehicle.

MT ST § 61-8-303(2). 233 “Daytime” means one-half hour before sunrise to one-half hour after sunset. “Nighttime” means any other hour except daytime. 

MT ST § 61-8-303(5). 234 I. However, the following limitations apply: (1) the posted speed limit in an urban district cannot be greater than 65 mph during the 

nighttime (MT ST § 61-8-310(1)(b)); (2) the posted speed limit outside an urban district cannot be less than 35 mph on a paved road or less 

than 25 mph on an unpaved road. MT ST § 61-8-310(1)(c). II. Based on engineering and traffic investigations, a local government may 

establish speed zones near schools or senior citizen centers and for the crosswalks that are close to them. The speed limit in such places 

cannot be less than 15 mph. MT ST § 61-8-310(1)(d). 
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companies and private contractors. MT ST § 61-8-314(2), (3), (4).

Minimum Speed Limit: I. A motor vehicle may not be driven at a speed slow enough to 

impede or block the normal and reasonable movement of traffic. 

MT ST § 61-8-311(1).

II. A person driving at less than the normal speed of traffic shall drive 

in the right-hand lane then available for traffic or as close as 

practicable to the right-hand curb or edge of the roadway. 

MT ST § 61-8-321(3).

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State or a local 

government may establish a minimum posted speed limit for all or part 

of a highway. MT ST § 61-8-311(3). 

Other: I. For trucks with more than 1 ton manufacturer’s rated capacity, 

except for the maximum statutory limits per MT ST § 61-8-303 and 

speed limits established per MT ST § 61-8-309; MT ST § 61-8-310, 

the maximum speed limits are 65 mph on completed sections of 

interstate highways and 60 mph during the daytime/55 mph during the 

nighttime on four-lane divided highways and completed sections of 

primary and secondary highways. MT ST § 61-8-312(1)(a), (b).

II. Except for the maximum statutory limits per MT ST § 61-8-303 and 

speed limits established per MT ST § 61-8-309; MT ST § 61-8-310, 

special permit vehicles cannot be driven greater than 55 mph. 

MT ST § 61-8-312(2).

III. A vehicle with solid rubber or cushion tires cannot be driven 

greater than 10 mph. MT ST § 61-8-313(1).

Low Speed Vehicles: No statutory provisions

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Misdemeanor MT ST § 61-8-314(5); MT ST § 61-8-711(1).

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: Violation of Statutory Speed Limits (MT ST § 61-8-303):

1-10 mph over the speed limit = $20;

11-20 mph over the speed limit = $40; 

21-30 mph over the speed limit =$70; 

31 mph or more over the speed limit = $100. MT ST § 61-8-725(1).

Other Speed Law Violations: 

First offense – Not less than $10 or more than $100;

Second offense (within 1 year of 1st conviction) – Not less than $25 or 

more than $200;

Third or subsequent offense (within 1 year after the 1st conviction) –

Not less than $50 or more than $500. MT ST § 61-8-711(2).

Mandatory Minimum Term / Fine: The base terms above appear to be mandatory minimums.
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Other Penalties:

Traffic School: Driver Improvement Program: MT ST § 61-2-302; ARM 23.3.203.

 Other: Double Fine: The fines are double the usual amount for exceeding the 

posted speed limit in a work zone. MT ST § 61-8-314(5)(a).

Licensing Action:

Type (Suspension / Revocation): Suspension through point system235 – frequent violator of the traffic 

laws.

Revocation – Habitual Traffic Offender.

236 MT ST § 61-11-201, et seq.

Term of License Suspension / 

Revocation:

Suspension– 6 months. Note: The law limits a suspension to a 

maximum period of 1 year. MT ST § 61-5-208. 

Revocation (Habitual Offender) – 3 years. MT ST § 61-11-211; 

MT ST § 61-11-212.

Mandatory Term: Suspension– None. Licensing action is discretionary. 

Revocation (Habitual Offender) – 1 year.

Other Criminal Actions Related to 

Speeding:

Unauthorized Speed Contest 

(Drag Racing):

Misdemeanor MT ST § 61-8-308; MT ST § 61-8-717.

Sanctions:

Imprisonment Term / Fine: Not less than $50 or more than $500 and/or not more than than6 

months. MT ST § 61-8-717.

 Mandatory Minimum Term / Fine: $50

Licensing Action:

Type (Suspension / Revocation): Suspension or Revocation – See Driver Rehabilitation and Habitual 

Offender point systems respectively.

237

 

235 Driver Rehabilitation Point System: I. If an offender accumulates 6 points within 18 months, that person may be required to attend a 

counseling session or be subject to license re-examination. II. If an offender accumulates 15 or more points within 36 months, that person

is subject to a 6-month license suspension and must be referred to a Driver Rehabilitation Program. III. The following points are assigned 

to speeding and speed-related violations: engaging in race or speed contest (i.e., unauthorized speed contest) = 5 points; reckless driving = 

5 points; speeding in a restricted speed zone = 3 points; speeding 25 mph in an urban district = 3 points; speeding 35 mph in a 

construction zone = 3 points; speeding greater than 65 mph at night on an interstate = 3 points; speeding greater than 55 mph at night on 

other highways = 3 points; driving certain trucks greater than 55 mph at night/ greater than 60 mph at other times / greater than 65 mph on 

interstate highways = 3 points; violating posted (restricted) speed limits established by either the State or local governments including a 

violation of the posted speed limit on bridges or elevated structures = 3 points; towing a house trailer greater than 50 mph = 3 points; 

obstructing traffic by driving under the minimum reasonable speed (after being warned) = 2 points; not driving in the right lane when 

operating a slow moving vehicle = 2 points; violating the basic speed rule = 2 points; careless driving = 2 points. MT ST § 61-5-205; 

ARM 23.3.202(1), (2), (3). Important: A violation of the statutory speed limits under MT ST §61-8-303 is not recorded on a person’s 

driving record unless that person exceeds the speed by more than 10 mph during the daytime or 5 mph during the nighttime. MT ST § 61-8-

725(2).

236 Habitual Offender Point System: I. If a person accumulates 30 points within a 3-year period, that person is subject to a 3-year license 

revocation. The following points are assigned to speeding and speed-related offenses: reckless driving = 5 points; illegal drag race or 

engaging in a speed contest (i.e., unauthorized speed contest) = 5 points; speeding = 3 points. MT ST § 61-11-203(2)(h), (i), (l). 

Important: A violation of the statutory speed limits under MT ST § 61-8-303 is not recorded on a person’s driving record unless that 

person exceeds the speed by more than 10 mph during the daytime or 5 mph during the nighttime. MT ST § 61-8-725(2). 
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SUMMARY OF SPEED LAWS, 12TH EDITION

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 Term of License Suspension / 

Revocation:

N/A

 Mandatory Term:

Other: 5 points assessed against driving record. 

Reckless Driving: Misdemeanor MT ST § 61-8-301; MT ST § 61-8-711(1).

Sanctions:

 Imprisonment Term / Fine: First offense – Not more than 90 days and/or not less than $25 or more 

than $300;

Subsequent offense – Not less than 10 days or more than 6 months 

and/ or not less than $50 or more than $500. 

MT ST § 61-8-715(1).

Reckless driving resulting in death or serious bodily injury: Not 

more than 1 year and/or not more than $10,000.

MT ST § 61-8-715(2).

Mandatory Minimum Term / Fine: The base terms above are mandatory minimums.

Licensing Action:

 Type (Suspension / Revocation): Suspension or Revocation – See Driver Rehabilitation and Habitual 

Offender point systems respectively. 

Revocation– 3 reckless driving convictions within 12 months. 

MT ST § 61-5-205(1)(f).

Term of License Suspension / 

Revocation:

Suspension or Revocation — Not more than 1 year. 

MT ST § 61-5-208.

 Mandatory Term: None

Other: 5 points assessed against driving record. 

Careless Driving:

238 Misdemeanor MT ST § 61-8-302; MT ST § 61-8-711(1); 

MT ST § 61-8-716.

Sanctions:

 Imprisonment Term / Fine: First conviction – Not less than $10 or more than $100;

Second conviction (within 1year) – Not less than $25 or more than 

$200;

Third or subsequent conviction (within 1 year after the 1st conviction) 

– Not less than $50 or more than $500. MT ST § 61-8-302;

MT ST § 61-8-711.

Careless driving resulting in death or serious bodily injury: Not 

 

237 An offender may be issued restricted driving privileges after 1 year of the revocation period provided that person participates in a driver 

rehabilitation program. MT ST § 61-2-302(2)(a)(ii). 238 A person commits a “careless driving” offense if that person does not operate a motor vehicle “in a careful and prudent manner so as not 

to unduly or unreasonably endanger the life, limb, property, or other rights of a person entitled to the use of the street or highway.” 

MT ST § 61-8-302.
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SUMMARY OF SPEED LAWS, 12TH EDITION

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more than $5,000 and/or not more than 6 months. MT ST § 61-8-716.

 Mandatory Minimum Term / Fine: The base terms above are mandatory minimums.

Licensing Action:

Type (Suspension / Revocation): Suspension or Revocation – See Driver Rehabilitation and Habitual 

Offender point systems respectively.

Term of License Suspension / 

Revocation:

N/A

Mandatory Term: N/A

 Other: 2 points assessed against driving record. 

Automated Speed Enforcement: Yes by S.P. Local authorities are permitted to regulate traffic by 

means of police officers or other traffic control devices. 

MT ST § 61-12-101(2).

239

Limitations of Use of Speed 

Measurement Devices:

No. The speed of a vehicle may be measured by the use of radio 

microwaves or other electrical devices. MT ST § 61-8-702.

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A commercial driver’s license is suspended if while driving a CMV a 

person commits more than 1 “serious traffic violation”240 within a 3-

year period or commits 3 or more such violations within a 3-year 

period. MT ST § 61-8-803(1).

Period of Disqualification: More than one (1) serious violation (within 3 years) – 60 days;

3 or more serious violations (within 3 years) – 120 days. 

MT ST § 61-8-803(1).

 

239 See 45 A.G. Op. 7 (1993) (holding that the city of Billings was not precluded by State statute from enacting a photo-radar ordinance 

regulating speeding).

240 A “serious traffic violation” includes exceeding the speed limit by 15 or more mph and reckless driving. MT ST § 61-8-803(2).
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SUMMARY OF SPEED LAWS, 12TH EDITION

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JURISDICTION NEBRASKA

Reference: Revised Statutes of Nebraska

Basis for a Speed Law Violation: 

Basic Speed Rule: A person shall not operate a vehicle at a speed greater than is 

reasonable and prudent under the conditions and having regard to the 

actual and potential hazards then existing. A person shall drive at a 

safe and appropriate speed when approaching and crossing an 

intersection or railroad grade crossing, when approaching and going 

around a curve, when approaching a hillcrest, when traveling upon any 

narrow or winding roadway, and when special hazards exist with 

respect to pedestrians or other traffic or by reason of weather or 

highway conditions. NE ST § 60-6,185.

Statutory Speed Limit: 75 mph on interstate highways;

241

65 mph on a State freeway242 or expressway;

243

60 mph on other State highways;

244

55 mph upon any dustless-surfaced highway not part of the State 

highway system;

50 mph upon a non-dustless-surfaced highway not part of the State 

highway system;

25 mph in a residential district;

20 mph in a business district. NE ST § 60-6,186.

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State or local 

governments may increase or decrease the above statutory speed 

limits. However, the State cannot increase the maximum statutory 

speed limits on rural highways and freeways. On county highways 

that are not part of the State highway system, a local government 

cannot establish a speed limit less than 35 mph outside a residential or 

business district. NE ST § 60-6,186(2); NE ST § 60-6,190(1), (3).

Minimum Speed Limit: I. No person shall operate a motor vehicle at such a slow speed as to 

impede the normal and reasonable movement of traffic. 

NE ST § 60-6,193(1), (2), (6).

II. On a freeway, no motor vehicle can be operated at less than 40 

mph.245 NE ST § 60-6,193(2).

III. A person driving at less than the normal speed of traffic shall drive 

in the right-hand lane then available for traffic or as close as 

practicable to the right-hand curb or edge of the roadway. 

NE ST § 60-6,131(2).

 

241 Exceptions: The maximum speed limit is 60 mph on any portion of the interstate highway in Douglas County, on Interstate 180 in 

Lancaster County and on Interstate 129 in Dakota County. NE ST § 60-6,186(1)(h)(i),(ii). 242 A “freeway” is defined as “an expressway with full control of access.” NE ST § 39-1302(18). 243 An “expressway” is defined as “a divided arterial highway for through traffic with full or partial control of access which may have grade 

separations at intersections.” NE ST § 39-1302(14). 244 The Department of Roads may, where existing design and traffic conditions allow, according to an engineering study, authorize a speed 

limit 5 miles per hour greater.

245 The State or a local government may alter this minimum speed limit on a freeway. NE ST § 60-6,193(2).
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Posted (Minimum) Speed Limit: The State or a local government may establish minimum posted speed 

limits for a highway. NE ST § 60-6,193(3).

Other: I. In maintenance, repair or construction zones, the speed limit is 35 

mph in rural areas and 25 mph in urban areas, when conspicuously 

placed signs are erected. However, the speed in such zones may be 

increased to a limit not greater than the maximum limit provided by 

law. NE ST § 60-6,188(1), (3). 

II. Based upon an investigation, the State or a local government may 

establish safe maximum speed limits for bridges, causeways, viaducts 

or other elevated structures. NE ST § 60-6,189(2). 

III. A vehicle towing a mobile home shall not be driven at a speed 

greater than 50 mph. NE ST § 60-6,187(1).

IV. No person shall operate a “livestock forage vehicle” at a speed 

greater than 20 mph in a business district, greater than 25 mph in a 

residential district or greater than 50 mph on any other highway 

except a freeway outside a business or residential district. However, 

these speed limits may be altered by NE ST § 60-6,190. 

NE ST § 60-6,305(3).

Low Speed Vehicles:

Permitted on Public Roads

(Yes/No):

Yes. On public roads with a speed limit of not more than 35 mph. 

NE ST § 60-6,380.

Maximum Speed Permitted: 25 mph. NE ST § 60-628.01.

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Traffic infractions (but are disposed of in the same manner as 

misdemeanors). NE ST § 60-672; NE ST § 60-682; NE ST § 60-

682.01; NE ST § 60-688.

Sanctions Following an Adjudication

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: Exceeding the Speed Limit: 1-5 mph over the speed limit = $10; 

6-10 mph = $25; 11-15 mph = $75; 16-20 mph = $125; 21-35 = $200; 

36 mph or more = $300. NE ST § 60-682.01.

Traffic Infractions Where Penalty Not Specified:

First offense – Not more than $100;

Second offense (within 1 year) – Not more than $200;

Third or subsequent offense (within 1 year) – Not more than $300.

NE ST § 60-689.

Mandatory Minimum Term / Fine: The specific fines for exceeding the speed limit appear to be 

mandatory.

Other Penalties:

Traffic School: The court may require a person who has been convicted of a moving 

violation to attend a driver improvement school. NE ST §60-691.
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 Other: The fines listed for “Exceeding the Speed Limit” above, shall be 

doubled if the violation occurs within maintenance, repair or 

construction zone (marked with posted signs), or in a school crossing 

zone (marked with posted signs). NE ST § 60-682.01(2).

Licensing Action:

Type (Suspension / Revocation): Revocation through point system.246 NE ST § 60-499(4); 

NE ST § 60-4,183.

Term of License Suspension / 

Revocation:

Revocation through point system = 6 months. NE ST § 60-499; 

NE ST § 60-4,182; NE ST § 60-4,183.

Mandatory Term: None. Any motor vehicle except a commercial motor vehicle may be 

operated under an employment driving permit as provided by

NE ST § 60-4,129 or a medical hardship driving permit as provided by 

NE ST § 60-4130.01.

Miscellaneous Sanctions Not 

Included Elsewhere:

Revocation by court order – Not less than 10 days or more than 1 

year.

247 NE ST §60-496.

Other Criminal Actions Related to 

Speeding:

Racing on Highway: Class II misdemeanor. NE ST § 60-6,195(1), (3).

Sanctions:

Imprisonment Term / Fine: Not more than 6 months and/or not more than $1,000. 

NE ST §28-106(1).

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Possible Revocation through point system. NE ST §60-499; 

NE ST § 60-4,182; NE ST § 60-4,183. Note: There is no specific 

point assignment for the offense of racing on the highways. However, 

the law does provide an assignment of 1 point for all other moving 

violations. This could include such offense.

Term of License Suspension / 

Revocation:

Revocation through point system = 6 months. NE ST § 60-499; 

NE ST § 60-4,183.

 Mandatory Term: None. Any motor vehicle except a commercial motor vehicle may be 

operated under an employment driving permit as provided by NE ST § 

 

246 Point System: I. If an offender accumulates 12 points within 2 years = revocation for 6 months, with mandatory attendance at a driver 

education and training course for at least 8 hours. If the offense involved incarceration, the license revocation begins after the offender is 

released from such confinement. NE ST § 60-4,183. An offender under age 21 who accumulates 6 points within 12 months must attend an 

8 hour driver improvement course. If that person fails to attend this course, the license is suspended until either completion of the course or 

reaching the age of 21. NE ST § 60-4,130.03. II. Points have been assigned as follows: willful reckless driving = 6 points; reckless driving 

= 5 points; careless driving = 4 points; negligent driving = 3 points; speeding up to 5 mph over the speed limit = 1 point; 6-10 mph = 2 

points; 11-35 = 3 points; more than 35 mph = 4 points. However, on highways with a maximum speed limit of 60, 65 or 70 mph, the 

following points are assigned: 1 point for exceeding by not more than 10 mph; 2 points for exceeding by more than 10 but not more than 

15 mph; 3 points for exceeding more than 15 but not more than 35 mph. NE ST § 60-4,182. 247 The court is authorized to take such action only if the offense involved driving in such a manner as to endanger life, limb or property. 

State v. Mann, 246 N.W.2d 604 (Neb. 1976); NE ST § 60-496.
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60-4,129 or a medical hardship driving permit as provided by 

NE ST 60-4130.01.

Other: I. The court may require a person who has been convicted of a moving 

violation to attend a driver improvement school. NE ST §60-691.

II. Revocation by court order – Not less than 10 days or more than 1 

year. 

Willful Reckless Driving:

248 Class I, II or III misdemeanor. NE ST § 60-6,214 – 6,218. 

Sanctions:

 Imprisonment Term / Fine: First offense (Class III misdemeanor) – Not more than 3 months 

and/or not more than $500;

Second offense (Class II misdemeanor) – Not more than 6 months 

and/or not more than $1,000;

Third or subsequent offense (Class I misdemeanor) – Not more than 1 

year and/or not more than $1,000. NE ST § 28-106(1).

Mandatory Minimum Term / Fine: None.

Licensing Action:

 Type (Suspension / Revocation): Court-ordered Revocation. NE ST § 60-6,216 – 6,218;

NE ST § 60-498(7).

Term of License Suspension / 

Revocation:

First conviction – Not less than 30 days or more than 1 year. 

NE ST § 60-6,216; 

Second conviction – Not less than 60 days or more than 2 years. NE 

ST 60-6,217; 

Third or subsequent conviction – Not less than 1 year. 

NE ST 60-6,218.

 Mandatory Term: The terms above are mandatory.249

Other: I. Second conviction – Impoundment of vehicle for not less than 2 

months or more than 1 year if motor vehicle is registered in 

offender’s name. NE ST § 60-6,217.

II. The court may require a person who has been convicted of a 

moving violation to attend a driver improvement school. 

NE ST § 60-691.

III. Revocation by court order where there has been danger to life, 

limb or property – Not less than 10 days or more than 1 year. Note:

This action is discretionary. NE ST § 60-496.

IV. 6 points assessed against driving record. NE ST § 60-4,182.

Reckless Driving: Class I, II or III misdemeanor. NE ST § 60-6,213; 

NE ST § 60-6,215; NE ST § 60-6,217; NE ST § 60-6,218.

Sanctions:

 Imprisonment Term / Fine: First offense (Class III misdemeanor) – Not more than 3 months 

 

248 “Willful reckless driving” is defined as operating a motor vehicle “in such a manner as to indicate a willful disregard for the safety of 

persons or property” NE ST § 60-6,214. 249 An employment driving permit is not available. NE ST § 60-4,129.
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and/or not more than $500;

Second offense (Class II misdemeanor) – Not more than 6 months 

and/or not more than $1,000;

Third or subsequent offense (Class I misdemeanor) – Not more than 1 

year and/or not more than $1,000. NE ST § 28-106(1).

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): First offense – Revocation through point system. NE ST § 60-499;

NE ST § 60-4,183.

Second or subsequent offense – Revocation. NE ST § 60-6,217; 

NE ST § 60-6,218.

Term of License Suspension / 

Revocation:

Revocation through point system – 6 months. NE ST § 60-499;

NE ST § 60-4,182; NE ST § 60-4,183.

(Court-ordered revocation) :

Second conviction – Not less than 60 days or more than 2 years.

NE ST § 60-6,217.

Third or subsequent conviction – Not less than 1 year. 

NE ST § 60-6,218.

Mandatory Term: The terms above appear to be mandatory.

 Other: I. Second conviction – Impoundment of vehicle for not less than 2 

months or more than 1 year if motor vehicle is registered in 

offender’s name. NE ST § 60-6,217.

II. The court may require a person who has been convicted of a 

moving violation to attend a driver improvement school. 

NE ST § 60-691.

III. Revocation by court order where there has been danger to life, 

limb or property – Not less than 10 days or more than 1 year. Note:

This action is discretionary. NE ST § 60-496.

IV. 5 points assessed against driving record. NE ST § 60-4,182.

Careless Driving:

250 Traffic Infraction. NE ST § 60-672; NE ST § 60-682;

NE ST § 60-6,212.

Sanctions:

 Imprisonment Term / Fine: First offense - Not more than $100;

Second offense (within 1 year) – Not more than $200;

Third or subsequent offense (within 1 year) – Not more than $300. 

NE ST § 60-689.

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Revocation through point system. NE ST § 60-499; NE ST § 60-4,182; 

 

250 “Careless driving” is defined as operating a motor vehicle “carelessly or without due caution so as to endanger a person or property.” 

NE ST § 60-6,212.
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NE ST § 60-4,183.

Term of License Suspension / 

Revocation:

6 months. NE ST § 69-499; NE ST § 60-4,182; NE ST § 60-4,183. 

Mandatory Term: None. A person is eligible for either employment or medical hardship 

driving privileges. NE ST § 60-4,129; NE ST § 60-4,130; 

NE ST § 60-4,130.01.

 Other: I. The court may require a person who has been convicted of a moving 

violation to attend a driver improvement school. NE ST § 60-691.

II. Revocation via court order where there has been danger to life, 

limb or property — 10 days to 1 year. Note: This action is 

discretionary. NE ST § 60-496.

III. 4 points assessed against driving record. NE ST § 60-4,182.

Automated Speed Enforcement: No by S.P. Peace officers only are directed and authorized to enforce 

Nebraska Rules of the Road. Additionally, the code provides for 

various types of speed determinations to include visual observations 

which must be corroborated by a radar or laser gun or other type of 

electronic speed measurement device. NE ST § 60-683; 

NE ST § 60-6,192.

Limitations of Use of Speed 

Measurement Devices:

No. Officers may use radio microwave, mechanical or electronic speed 

measurement devices to track speed. NE ST § 60-6,192.

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a 

vehicle that person commits 2 “serious traffic violations”251 within a 3-

year period or 3 such violations within a 3-year period. 

NE ST § 60-4,168(4).

Period of Disqualification: Two serious violations (within 3 years) – Not less than 60 days;

Three serious violations (within 3 years) – Not less than 120 days.

NE ST § 60-4,168(4).

 

251 A “serious traffic violation” includes exceeding the speed limit by 15 or more mph, willful reckless driving and reckless driving. 

NE ST § 60-4,168(8).
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JURISDICTION NEVADA

Reference: Nevada Revised Statutes

Nevada Administrative Code (NAC)

Basis for a Speed Law Violation: 

Basic Speed Rule: A person shall not drive a vehicle at a rate of speed greater than is 

reasonable or proper, having due regard for the traffic, surface and 

width of the highway, the weather and other highway conditions, or at 

such a speed as to endanger life, limb or property of any person, or at a 

rate of speed greater than that posted by a public authority. 

NV ST §484B.600.

Statutory Speed Limit: I. A person shall not operate any vehicle at a speed greater than 75 

mph. NV ST §484B.600(1)(d).

II. A person shall not operate a motor vehicle at a speed of greater than 

15 mph in a school zone for an elementary school or any school that 

includes pupils in elementary school grades; or greater than 25 mph in 

an area designated as a school zone for a high school or a school 

crossing zone. 252 NV ST §484B.366(1), (2).

Posted (Maximum) Speed Limit: I. The State Department of Transportation may adopt speed limits of 

not more than 75 mph on highways constructed and maintained by it. 

Such authority includes the establishment of lower speed limits where 

necessary to protect public health and safety or for trucks, overweight 

and oversized vehicles, or trailers drawn by motor vehicles and buses.

NV ST §484B.613.

II. After appropriate studies, the State may establish special speed 

zones on a highway where a hazard exists. NV ST §484B.620(1).

III. After an appropriate investigation, the State may establish the 

maximum safe speed limits for bridges and elevated structures.

NV ST § 484B.633(2).

IV. Except for State constructed and maintained highways, local 

governments and unincorporated towns may establish speed limits 

within their jurisdictions. NV ST § 269.185(1)(b);

NV ST § 484B.610(1).

Minimum Speed Limit: I. A person shall not operate a motor vehicle at such a slow speed as to 

impede the normal and reasonable movement of traffic. 

NV ST §484B.623(1).

II. If a person is driving at a speed so slow as to impede the forward 

movement of traffic, that person shall: on one-lane highways, drive to 

the extreme right hand side of the highway; on highways with two or 

more lanes, drive in the extreme right hand lane and, on controlled 

access highways, use an alternate route if possible. NV ST §484B.627.

 

252 The speed limits in these zones do not apply on a day when the school is not in session; in a fixed zone during times when the sign 

designating the zone indicates that the speed limit is not in effect or the yellow lights of the operational speed limit beacon are not flashing, 

or during the period from a half hour after school is no longer in operation to a half hour before school is next in operation. NV ST § 

484B.363(1). “Speed limit beacon” is a device which is used in conjunction with a sign and equipped with two or more yellow lights that 

flash alternately to indicate the speed limit is in effect in a school or school crossing zone. NV ST § 484B.363(7). Note: Local 

governments are required to post the hours in which these speed limits are in effect. NV ST § 484B.367.
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Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State or a local 

government may establish a minimum speed for a highway or a part 

thereof. NV ST §484B.623.

Other: I. A person shall not drive a school bus at speed greater than 55 mph 

while transporting students to and from school or while on a school 

activity. NV ST §484B.360.

II. A person shall not drive a vehicle equipped with solid rubber tires 

or cushion tires greater than 10 mph. NV ST §484B.633(1).

III. A person driving at a speed lower than the prescribed limits is still 

required to decrease speed when: (1) approaching and crossing an 

intersection; (2) approaching and going around a curve; (3) 

approaching a hill crest; (4) traveling upon any narrow or winding 

highway; or (5) when special hazards exist or may exist with respect to 

pedestrians or other traffic, or by reason of weather or other highway 

conditions. Additionally a driver must decrease speed as may be 

necessary to avoid colliding with any person, vehicle or other 

conveyance on or entering a highway in compliance with legal 

requirements and the duty of all persons to use due care.

NV ST § 484B.603.

Low Speed Vehicles:

Permitted on Public Roads

(Yes/No):

Yes. On public roads with a speed limit of 35 mph or less. 

NV ST § 484B.637(2).

Maximum Speed Permitted: 25 mph. NV ST § 484B.637(1)(b).

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Misdemeanor NV ST § 193.170; NV ST § 484A.900(1).

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: Basic Speed

Not more than 6 months253 and/or not more than $1,000. 

NV ST § 193.150(1).

Mandatory Minimum Term / Fine: Basic Speed –None. A person may be sentenced to perform a fixed 

period of community service in lieu of all or part of the punishment. 

NV ST § 193.150(2).

Other Penalties:

Traffic School: I. A person who has been convicted of a second offense may be 

 

253 A person who exceeds the following posted speed limits during the hours of daylight is only subject to a fine of $25: (1) when the 

posted speed limit is 60 mph and the offender is driving not more than 70 mph; (2) when the posted speed limit is 65 mph and the offender 

is driving not more than 75 mph; or (3) when the posted speed limit is 70 mph and the offender is driving not more than 75 mph. This 

violation is not considered a moving violation and is not recorded on a person's driving record. NV ST § 484B.617(1), (2). Exception: 

This fine does “not apply to a violation ... that occurs in a county whose population is 100,000 or more if the portion of highway being 

traversed is in an urban district or in an area which is adjacent to an urban area and which has been designated by the public authority that 

established the posted speed limit for the portion of highway being traversed as an area that requires strict observance of the posted speed 

limit to protect public health and safety.” NV ST § 484B.617(3).
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ordered by the court to attend a driver training school. 

NV ST § 484A.900(2).

II. The licensing agency can also require a person who has had his/her 

license suspended via the point system to attend a driver's training 

school. NV ST § 483.477.

 Other: Construction Zone: A person who exceeds the posted speed limit in 

a construction zone is subject to a doubled penalty. Imprisonment 

sanctions for the original and additional sanctions must run 

consecutively. However, the combined sanctions cannot exceed 6 

months of imprisonment, $1,000 or 120 hours of community service. 

NV ST § 484B.130(1), (2).

Licensing Action:

Type (Suspension / Revocation): I. Suspension through point system.254 NV ST § 483.473; 

NV ST § 483.475; NAC 483.500; 483.510.

II. Suspension– 6 offenses within 5 years with a point value of 4 or 

greater. NV ST § 483.475(4).

Term of License Suspension / 

Revocation:

I. Suspension through point system – 6 months to 1 year. 

NV ST §483.475(3).

II. Suspension– 1 year upon 6th conviction within 5 years, if all such 

convictions carried a point value of 4 or more. NV ST §483.475(4).

Mandatory Term: I. Suspension via point system. Under certain conditions, an offender 

is eligible for restricted driving privileges for employment and other 

necessities.255 NV ST § 483.490.

II. Suspension – 1 year mandatory for 6 offenses within 5 years with a 

point value of 4 or more. A restricted license is not available. 

NV ST § 483.475(4).

Miscellaneous Sanctions Not 

Included Elsewhere:

Alternative to Imprisonment or Fine: The court may order an 

offender to participate in community service in lieu of all or part of an 

imprisonment or fine. NV ST § 193.150(2).

Other Criminal Actions Related to 

Speeding:

Reckless Driving (Speed Contest 

on Highway):

256

Misdemeanor. NV ST § 484B.653; NV ST § 484B.900(1).

 

254 Point System: I. If a person accumulates 12 points within 12 months, the license is suspended for 6 months. If within 3 years, a person 

has a second accumulation of 12 points within 12 months, the license is suspended for 1 year. Likewise, if within 5 years, a person has a 

third accumulation of 12 points within 12 months, the license is suspended for 1 year. NV ST § 483.475(3). II. The following points have 

been assigned to speeding or speed-related violations: reckless driving = 8 points; careless driving = 6 points; speeding at least 41 miles 

per hour over the speed limit = 5 points; speeding at least 31 but not more than 40 miles per hour over the limit = 4 points; driving without 

due care/ imprudent driving = 4 points; speeding in school zone 1-15 miles per hour over the limit = 4 points; speeding at least 21 but not 

more than 30 miles per hour over the speed limit = 3 points; speeding 11 but not more than 20 miles per hour over the speed limit = 2 

points; speeding at least 1 but not more than 10 miles per hour over the speed limit = 1 point; excessive speeding for the conditions = 2 

points. NAC 483.510. 255 For a suspension based on a first or second accumulation of 12 points within 12 months, an offender is eligible for restricted driving 

privileges. NV ST § 483.475(3)(a), (b). However, such privileges are not available for a third such accumulation. NV ST § 483.475(3)(c).
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Sanctions:

Imprisonment Term / Fine: Reckless Driving: 

First offense: Not less than $250 or more than $1,000 and/or not more 

than 6 months;

Second offense: Not less than $1,000 or more than $1,500 and/or not 

more than 6 months;

Third and subsequent offense: Not less than $1,500 or more than 

$2,000 and/or not more than 6 months. NV ST § 484B.900(3).

Speed Contest:

First offense: Not less than $250 or more than $1,000 and not less than 

50 hours or more than 99 hours of community service; and may be 

sentenced to not more than 6 months; 

Second offense: Not less than $1,000 or more than $1,500 and not less 

than 100 hours or more than 199 hours of community service; and 

may be sentenced to not more than 6 months;

Third or subsequent offense: Not less than $1,500 or more than $2,000

and 200 hours of community service; and may be sentenced to not 

more than 6 months. NV ST § 484B.653(4).

 Mandatory Minimum Term / Fine: The base terms above are mandatory.

Licensing Action:

Type (Suspension / Revocation): I. Suspension through point system. NV ST § 483.473; 

NV ST § 483.475; NAC 483.500; NAC 483.510.

II. Suspension – 6 offenses within 5 years with a point value of 4 or 

more. NV ST § 483.475(4).

III. Revocation– 3 Reckless Driving convictions within 1 year. 

NV ST§483.460(1)(b)(4).

IV. Suspension by court (for speed contest). 

NV ST § 484B.653(5).

Term of License Suspension / 

Revocation:

I. Suspension through points system = 6 months to 1 year. 

NV ST § 483.475(3).

II. Suspension (6 offense within 5 years) = 1 year. 

NV ST § 483.475(4).

III. Revocation (3 reckless driving convictions within 1 year) = 1 

year. NV ST§ 483.460(1)(b)(4).

IV. Suspension by court (for speed contest) = Not less than 6 months

or more than 2 years. NV ST § 484B.653(5).

 Mandatory Term: I. Suspension through point system. Under certain conditions, an 

offender is eligible for restricted driving privileges for employment 

and other necessities. NV ST § 483.490.

II. Suspension (6 offenses within 5 years) – appears to be mandatory, 

since a restricted license is not available. NV ST § 483.475(4).

 

256 A person commits the offense of “reckless driving” if that person drives in willful or wanton disregard of the safety of 

persons or property or drives a vehicle in an unauthorized speed contest on a public highway. NV ST § 484B.653(1).
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III. Revocation (3 reckless driving convictions within 1 year). 

NV ST §483.460(1)(b)(4). This revocation does not appear to be 

mandatory. A restricted license for employment and other necessities 

is available. NV ST § 483.490.

Other: I. The licensing agency can require a person who has had his/her 

license suspended via the point system to attend a driver's training 

school. NV ST § 483.477.

II. 8 points shall be assessed against a driving record. NAC 483.510.

III. Death or Injury-related Offense: Reckless driving is a Category 

B felony if it involved willful or wanton disregard of the safety of 

persons or property that resulted in either death or substantial bodily 

injury. The criminal sanctions for this offense are either imprisonment 

for not less than 1 year or more than 6 years and/or a fine of not less 

than $2,000 or more than $5,000. NV ST § 484B.653(6). In addition, a 

person’s license is revoked for 3 years. NV ST §483.460(1)(a)(1). 

After one-half of the revocation period has “expired,” an offender may 

be issued a restricted license for employment and for other necessities. 

NV ST § 483.490.

Aggressive Driving:

257 Misdemeanor NV ST § 484B.650(3).

Sanctions:

 Imprisonment Term /Fine: First offense: Not less than $250 or more than $1,000 and/or not more 

than 6 months;

Second offense: Not less than $1,000 or more than $1,500 and/or not 

more than 6 months;

Third or subsequent offense: Not less than $1,500 or more than $2,000 

and/or not more than 6 months. NV ST § 484B.650(3).

Mandatory Minimum Term / Fine: The base terms above are mandatory minimums.

Licensing Action:

 Type (Suspension / Revocation): First offens e– Suspension;

Subsequent offense (within 2 years) – Revocation. 

NV ST § 484B.650(4). Note: This licensing action is consecutive to 

any other license suspension or revocation, and suspension by the 

court for a first offense is discretionary. NV ST § 484B.650(6).

Term of License Suspension / 

Revocation:

First offense – Not more than 30 days;

Subsequent offense (within 2 years) – 1 year. NV ST § 484B.650(4).

 Mandatory Term: First offense (suspension) is not mandatory; Subsequent offense 

 

257 A person commits “Aggressive Driving” if, during a course of one (1) mile, that person does ALL of the following in any sequence: I. 

Violates one or more of the following acts: (a) the basic speed rules (driving greater than is reasonable or at a rate of speed so as to 

endanger life, limb or property), (b) the speed limit in a school zone, (c) the posted speed limit, or (d) the prohibition against driving greater 

than 75 mph; II. Commits TWO (2) or more of the following offenses: (a) failing to obey a traffic control device (NV ST § 484B.300); (b) 

overtaking and passing another vehicle on the right by driving off the paved portion of the highway (NV ST § 484B.210); (c) driving 

unsafely or improperly upon a highway that has marked lanes for traffic (NV ST § 484B.223); (d) following another vehicle too closely 

(NV ST § 484B.127); or (e) failing to yield the right of way (NV ST §§ 484B.250 to 484B.267); AND III. Creates an immediate hazard, 

regardless of its duration, to another vehicle or to another person. NV ST § 484B.650(1).
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SUMMARY OF SPEED LAWS, 12TH EDITION

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(revocation) is mandatory – 1 year. NV ST § 484B.650(4)(a), (b).

Other: I. First offense – An offender is required to attend a course on traffic 

safety. NV ST § 484B.650(7). Note: If the offender successfully 

completes this course, three (3) points may be canceled from the 

driving record. NV ST § 484 B.650(8).

II. There is no specific point assessment for “aggressive driving.” 

However, for reckless driving, 8 points are assessed, for careless 

driving, 6 points are assessed, and for driving without due care or 

imprudent driving, 4 points are assessed. NAC 483.510.

Automated Speed Enforcement: No by S.P. The use of photographic, video or digital equipment is 

permitted only if held in the hand or installed within a police cruiser. 

NV ST § 484.910. 

Limitations of Use of Speed 

Measurement Devices:

No. At a minimum, radar devices are permitted. See e.g., Hallmark v. 

Eldridge, 189 P.3d 646 (Nev. 2008).

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a 

vehicle that person commits 2 “serious traffic violations”258 within a 3-

year period or 3 such violations within a 3-year period. 

NV ST § 483.908; NAC 706.247(1); 49 CFR 383.51(c)

Period of Disqualification: Two serious violations (within 3 years) – 60 days; 

Three serious violations (within 3 years) – 120 days. 

NV ST § 483.908; NAC 706.247(1); 49 CFR 383.51(c).

 

258 A “serious traffic violation” includes exceeding the speed limit by 15 or more mph and reckless driving. NV ST § 483.908; NAC 

706.247(1); 49 CFR 383.5.
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JURISDICTION NEW HAMPSHIRE

Reference: New Hampshire Revised Statutes Annotated 

New Hampshire Code of Administrative Rules (NHADC)

Basis for a Speed Law Violation: 

Basic Speed Rule: A person shall not drive a vehicle at a speed greater than is reasonable 

and prudent under the conditions, having regard to the actual and 

potential hazards then existing. In every event speed shall be so 

controlled as may be necessary to avoid colliding with any person, 

vehicle, or other conveyance on or entering the way in compliance 

with legal requirements and the duty of all persons to use due care. 

NH ST § 265:60(I).

Statutory Speed Limit: Operating a motor vehicle above the following speed limits is 

considered prima facie evidence that such speed is not reasonable or 

prudent and is unlawful.

65 mph on the interstate system and other highways designated via 

statute;

259

55 mph on other highways;

35 mph in rural residential districts and Class V highways outside the 

compact part of a city or town;

30 mph in a business or urban residential district;

25 mph for a vehicle equipped with a transponder through a toll 

booth/gate;

10 mph below the usual posted speed limit in a school zone;

260

10 mph below the usual posted speed limit but in no case greater than 

45 mph on a portion of a highway where persons are at work. 

NH ST § 265:60(II).

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations or in the event of 

vehicle or weather emergencies, the State commissioner of 

transportation may increase or decrease the prima facie limit on the 

State highway system or on highways outside the compact area of a 

city or town.261 NH ST § 265:62(I); NH ST § 236:7.

II. Based on a petition by the governing body of a local government, 

the State commissioner of transportation may decrease the prima facie 

speed limit on the State highway system within the compact area of a 

city or town. However, such reduced limit cannot be less than 25 mph. 

NH ST § 265:62(IV).

 

259 Such designations include those portions of the central and eastern New Hampshire turnpikes that are four-lane divided highways and 

on other divided highways that have four or more lanes. NH ST§ 265:60(II)(e).

260 This limit is in effect from 45 minutes before until 45 minutes after school hours. NH ST§ 265:60(II)(a). 261 The State Commissioner of transportation, upon a determination by the governor and council, may establish temporary prima facie

speed limits for the purpose of conserving fuel or for other national goals. NH ST§ 265:62(II). Note: New Hampshire law indirectly 

establishes different types of speed limits for different times of the day by providing that “signs may carry either a fixed speed limit legend 

or a changeable message so designed as to permit display or different speed limits at various times of the day or night.” NH ST§ 265:62(I); 

NH ST§ 236:7. However, the law does not specifically state whether different highway speed limits can be established for different types 

of vehicles.
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III. Based on engineering and traffic investigations, local governments 

may increase or decrease prima facie speed limits within their 

jurisdictions.262 NH ST § 265:63(I), (II).

IV. Based on engineering and traffic investigations, the State 

Commissioner of transportation may establish safe maximum speed 

limits for bridges and other elevated structures. NH ST § 265:66(IV).

Minimum Speed Limit: I. A person shall not drive a vehicle at such a slow speed as to impede 

the normal and reasonable movement of traffic. NH ST § 265:64(I).

II. A person driving at less than the normal speed of traffic shall drive 

in the right-hand lane then available for traffic or as close as 

practicable to the right-hand curb or edge of the roadway. 

NH ST § 265:16(II).

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State 

Commissioner of transportation may declare a minimum prima facie 

speed limit on a highway. NH ST § 265:64(II). Note: Specified traffic 

may be directed by posted signs to use designated lanes. 

NH ST § 265:24(III).

Other: I. A person shall not drive a vehicle that is towing a house trailer 

greater than 45 mph. NH ST § 265:66(I).

II. A person shall not drive a vehicle that is equipped with solid rubber 

or cushion tires greater than 10 mph. NH ST § 265:66(II).

III. 35 mph if on a motor-driven cycle in the night time unless such 

motor-driven vehicle is equipped with headlamps or lamps which are 

adequate to reveal a person at a distance of 300 feet ahead. 

NH ST § 265:65.

Low Speed Vehicles:

Permitted on Public Roads

(Yes/No):

Yes. On public roads with a speed limit of 35 mph or less. 

NH ST § 265:158.

Maximum Speed Permitted: 25 mph. NH ST § 259:66-b.

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Violation.

263 NH ST § 265:2; NH ST § 625:9(II)(b).

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: Not more than $1,000. NH ST §651:2(IV)(a).

Mandatory Minimum Term / Fine: Fines for Violation of Basic Speed Law:

1-10 mph = $50

11-15 mph = $75

16-20 mph = $100

21-25 mph = $200

 

262 However, the following limitations apply: a speed limit in an urban district cannot be increased to more than 60 mph; and a speed 

cannot be decreased to less than 25 mph either outside an urban district or within a business or residential district. NH ST § 265:63(I). 263 A violation does not constitute a crime. NH ST § 625:9(II)(b).
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26+30 mph = $350 minimum(offender must appear in court)

NH ST § 265:60(V)

Fines for Violation of Posted Speed Limit 70 mph:

1-5 mph = $65

6-10 mph = $100

11-15 mph = $150

16-20 mph = $250

21-25 mph = $350

26 mph or more =offender must appear in court. NH ST § 265:60(VI)

Other Penalties:

Traffic School: An offender may be required to attend a Driver Attitude Training 

program. NH ST § 263:56-e; NH ADC SAF-C 212.08.

Licensing Action:

Type (Suspension / Revocation): I. Suspension by court order. NH ST § 263:57.

II. Suspension through point system.264 NH ST § 263:56(I)(c), (II).

III. Revocation for 3 traffic offenses within 1 year. 

NH ST § 263:55; NH ST § 263:56.

Term of License Suspension / 

Revocation:

I. Suspension by court order – Not more than 30 days.

NH ST § 263:57.

II. Suspension through a point system – Not more than 1 year. 

NH ST § 263:56(I)(c), (III).

III. Revocation for 3 traffic offenses within 1 year – Not less than 30 

days or more than 1 year. NH ST § 263:55; NH ST § 263:56(III).

Mandatory Term: I. Suspension by court order –None. The court has discretionary 

authority. NH ST § 263:57.

II. Suspension through point system – Suspension under this system 

appears to be mandatory. NH ST § 263:56 (I)(c), (II); 

NH ADC Saf-C 212.04(b).

III. Revocation for 3 traffic offenses within 1 year – The 30-day 

revocation period appears to be mandatory. NH ST § 263:55.

Other Criminal Actions Related to 

Speeding:

Racing on Highway: Violation. NH ST § 265:75.

Sanctions:

Imprisonment Term / Fine: Not more than $1,000. NH ST § 651:2 (IV)(a).

 

264 Point System: I. Age 21 or older: 12 points in 1 calendar year = up to 3 months; 18 points in 2 consecutive calendar years = up to 6 

months; 24 points in 3 consecutive calendar years = up to 1 year. Age 18-20: 9 points in 1 calendar year = up to 3 months; 15 points in 2 

consecutive calendar years = up to 6 months; 21 points in 3 consecutive calendar years = up to 1 year. Under 18 years of age: 6 points in 

one calendar year = up to 3 months; 12 points in 2 consecutive calendar years = up to 6 months; 18 points in 3 consecutive calendar years 

= up to 1 year. NH ADC Saf-C 212.02.

II. The following points have been assigned for speeding or speed-related violations: racing on the highway or reckless driving = 6 points; 

exceeding the speed limit by 25 mph or more above the limit = 4 points; failing to drive in the right lane when operating a slow-moving 

vehicle = 4 points; negligent driving = 4 points; exceeding the speed limit by less than 25 mph above the limit = 3 points. NH ADC Saf-C 

212.03. Persons Under 20 Years Old: These licensees are subject to license suspension or revocation if they operate a motor vehicle in 

such a manner that “poses an immediate hazard to the operator or to the safety or property of others on or near a roadway, or when 

considered with other driving offenses, demonstrates a repeated disregard for the public safety.” NH ST § 263:14(III)(d).
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 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): The licensing actions listed for speeding violations also apply to this 

offense.

Other: I. An offender may be required to attend a Driver Attitude Training 

program. NH ST § 263:56-e; NH ADCSaf-C 212.08.

II. 6 points assessed against driving record. NH ADCSaf-C 212.03.

Reckless Driving:

265 Violation. NH ST § 265:79.

Sanctions:

 Imprisonment Term / Fine: First offense – Not less than $500;

Second offense – Not less than $750 or more than $1,000. 

NH ST § 265:79.

Mandatory Minimum Term / Fine: The base terms above are mandatory minimums.

Licensing Action:

 Type (Suspension / Revocation): Revocation. NH ST § 263:65; NH ST § 265:79.

Term of License Suspension / 

Revocation:

First offense– 60 days; 

Second offense– 60 days to 1 year. NH ST § 265:79.

 Mandatory Term: 60 days. NH ST §263:70. 

Other: I. An offender may be required to attend a Driver Attitude Training 

program. NH ST § 263:56-e; NH ADCSaf-C 212.08.

II. A driver's license can be suspended or revoked for not more than 7 

years if the driver operates a vehicle in a reckless or unlawful manner 

and causes an accident that results in death or injury to another 

person. NH ST § 263:56(I)(g), (III)(a).

III. 6 points assessed against driving record. NH ADCSaf-C 212.03.

Negligent Driving: Violation. NH ST§ 265:79-b.

Sanctions:

 Imprisonment Term / Fine: First offense – No less than $250 or more than $500;

Second or subsequent offense – Not less than $500 or more than 

$1,000. NH ST § 265:79-b.

 Mandatory Minimum Term / Fine: The base fines above appear to be mandatory.

Licensing Action:

Type (Suspension / Revocation): The licensing actions listed for speeding violations also apply to this 

offense.

 Other: I. An offender may be required to attend a Driver Attitude Training 

 

265 “Recklessly” is defined as when a person is aware of and consciously disregards a substantial and unjustifiable risk. The risk must be of 

such a nature and degree that, considering the circumstances known to him, its disregard constitutes a gross deviation from the conduct that 

a law-abiding person would observe in the situation. NH ST § 626:2(II)(c).
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150

program. NH ST § 263:56-e; NH ADCSaf-C 212.08.

II. 4 points assessed against driving record. NH ADCSaf-C 212.03.

Automated Speed Enforcement: No by S.P. Highway “surveillance” is prohibited on public ways of 

the State or within its political subdivision. NH ST § 236.130.

Limitations of Use of Speed 

Measurement Devices:

No. It appears that the use of radar, at a minimum, is permitted. See

State v. Cochrane, 897 A.2d 952 (N.H. 2006).

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a 

vehicle that person commits 2 “serious traffic violations”266 within a 3-

year period or 3 such violations within a 3-year period. 

NH ST § 263:94(VI).

Period of Disqualification: Two serious violations (within 3 years) – Not less than 60 days;

Three serious violations (within 3years) – Not less than 120 days. 

NH ST § 263:94(VI).

 

266 A “serious traffic violation” includes exceeding the speed limit by 15 or more mph and reckless driving. NH ST § 259:98-a (I), (II).
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SUMMARY OF SPEED LAWS, 12TH EDITION

151

JURISDICTION NEW JERSEY

Reference: New Jersey Statutes Annotated 

New Jersey Administrative Code (NJAC)

Basis for a Speed Law Violation: 

Basic Speed Rule: A person shall drive a vehicle at an appropriate reduced rate of speed 

when special hazards exist with respect to pedestrians or other traffic 

or by reason of weather or highway condition.267 NJ ST § 39:4-98.

Statutory Speed Limit: 65 mph on selected portions of State eligible public highways268 as 

determined by the State Commissioner of Transportation in 

consultation with the State Attorney general, the N.J. Highway 

Authority and the N.J. Transportation Authority. NJ ST § 39:4-98.4; 

NJ ST § 39:4-98.5.

It is unlawful for a person to exceed the following speed limits:

50 mph in all other locations except as otherwise provided;

35 mph in suburban business or residential district;

25 mph in a (non-suburban) business or residential district;

25 mph when passing through a school zone during recess, while 

children are visible from the highway or when children are either going 

to or leaving a school during opening and closing hours. 

NJ ST § 39:4-98.

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State 

Commissioner of Transportation on State highways or local 

governments on highways under their jurisdictions may increase or 

decrease the above speed limits. These new limits will be the prima 

facie lawful speed limits.

269 NJ ST § 39:4-8(b); NJ ST § 39:4-98.

II. The State Highway Commissioner or a local government on 

highways under its jurisdiction may designate the right-hand lanes of 

traffic for slow-moving vehicles and inside lanes for traffic moving at 

the designated speed. NJ ST § 39:4-88(d).

III. The South Jersey Transportation, New Jersey Turnpike and the 

New Jersey Highway Authorities may establish speed limits on the 

highways under their respective jurisdictions. NJ ST § 27:23-27; 

NJ ST § 27:25A-21(c), (e).

Minimum Speed Limit: I. No person shall drive a motor vehicle at such a slow speed as to 

impede or block the normal and reasonable movement of traffic except 

 

267 I. On highways under the jurisdiction of the New Jersey Transportation and New Jersey Turnpike Authorities, a person shall operate a 

vehicle at a careful and prudent speed, having due regard to the rights and safety of others and to the traffic, surface and width of the 

highway and any other conditions then existing; no person shall operate a vehicle at a speed as to endanger life, limb or property. NJ ST § 

27:23-27; NJ ST § 27:25A-21(c). II. On highways under the jurisdiction of the Port Authority of New York and New Jersey, no vehicle 

shall be operated carelessly or negligently, or in disregard of the rights or safety of others, or without due caution and circumspection, or at 

a speed or in a manner so as to endanger unreasonably or to be likely to endanger unreasonably persons or property. NJ ST § 32:1-154.3; 

NJ ST § 32:1-154.18(2). 268 An “eligible public highway” is a “public highway” which includes “public roads, streets, expressways, freeways, parkways, motorways 

and boulevards, including bridges, tunnels, overpasses, underpasses, interchanges....” NJ ST § 27:1B-3(l). Public highways, under the 

jurisdiction of counties or municipalities, are not eligible for the 65 mph speed limit. NJ ST § 39:4-98.4. 269 By emergency order, the State Commissioner of Transportation may establish speed limits for up to 60 days on any public highway 

based on emergent conditions such as construction work, dangerous conditions, extreme congestion or traffic problems, imminent peril or 

imminent risk to motorists or to the public safety. NJ ST § 39:4-98.9(a).
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when reduced speed is necessary for safe operation thereof. 

NJ ST § 27:23-27; NJ ST § 27:25A-21(d); NJ ST § 39:4-97.1.

II. When driving on the inside lane of a highway which has been 

designated for the use of traffic proceeding at the posted speed limit, a 

person shall drive at approximately the speed authorized and shall not 

decrease their speed so as to unnecessarily block, hinder or retard 

traffic. NJ ST § 39:4-88(d).

Posted (Minimum) Speed Limit: N/A

Other: I. The State Commissioner of Transportation may restrict the 

maximum speed for trucks weighing 10,000 lbs., and over, on 

highways having 4 or more lanes with maximum speed limits of 50 

mph or greater. However, such reduced limit can only be 5 mph 

below the normal speed limit. NJ ST § 39:4-98.1.

II. A person shall not operate a motor vehicle greater than 4 mph 

across a sidewalk. NJ ST § 39:4-100.

Low Speed Vehicles:

Permitted on Public Roads

(Yes/No):

Yes. On public road with a posted speed limit of 25 mph. However, 

the commissioner, in his/her discretion may permit the use of low 

speed vehicles on public roads with a maximum speed limit of 35 

mph. NJ ST § 39:4-31.1.

Maximum Speed Permitted: 25 mph. NJ ST § 39:1-1.

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Motor Vehicle Offense.

270 NJ ST § 27:25A-21; NJ ST § 27:23-32; 

NJ ST § 39:4-104; NJ ST § 39:4-203.

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: Not less than $50 or more than $200 and/or not more than 15 days. 

NJ ST § 39:4-104;NJ ST § 39:4-203.

Mandatory Minimum Term / Fine: $50. NJ ST § 39:4-104.

Other Penalties:

Traffic School: Driver Improvement Program. NJ ST § 39:5-30.2; NJ ST § 39:5-30.4; 

NJ ST § 39:5-30.9; NJAC §13:19-10.2(b).

 Other: $1.00 is added to any fine for the “Body Armor Replacement” fund; 

$1.00 is added to any fine for the “N.J. Spinal Cord Research” fund.

NJ ST § 39:5-41(d), (e).

 

270 Statutory law does not provide a clear classification for this type of offense. However, State Supreme Court decisions hold that traffic 

violations are either “quasi-criminal” or petty offenses. “Quasi-criminal offenses are a ‘class of offenses against the public which have not 

been declared crimes, but wrongful against the general or local public which should be repressed or punished by forfeitures and penalties.’” 

(citations omitted). State v. Widmaier, 724 A.2d 241, 251(N.J. 1999), State v. Schreiber, 585 A.2d 945 (N.J. 1991).
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Licensing Action:

Type (Suspension / Revocation): Suspension through point system.271 NJ ST § 39:5-30.5, et seq.

Term of License Suspension / 

Revocation:

Suspension (point system): 

Generally – Not less than 30 or more than 180 days;

First violation (within 1 year of restoration of driving privilege) – Not 

less than 45 days or more than 90 days;

Second violation (within 1 year of restoration of driving privilege) –

Not less than 90 days or more than 180 days. 

NJ ST § 39:5-30.8; NJ ST § 39:5-30.10. 

3 suspensions within 3 years: Discretionary suspension for up to 3 

years. NJ ST § 39:5-30b.

Mandatory Term: The base terms above are mandatory. NJ ST § 39:5-30.2; 

NJ ST § 39:5-30.8; NJ ST § 39:5-30.10.

Miscellaneous Sanctions Not 

Included Elsewhere:

I. The fine for speeding in an area with a designated speed limit of 65 

mph shall be doubled. NJ ST § 39:4-98.6.

II. The fine for exceeding the speed limit by 20 mph or more shall be 

doubled. NJ ST § 39:4-98.7.

III. The fine for exceeding the speed limit within a construction zone 

shall be doubled. NJ ST § 39:4-203.5(b).

Other Criminal Actions Related to 

Speeding:

Racing on Highway: Motor Vehicle Offense. NJ ST § 39:4-52.

Sanctions:

Imprisonment Term / Fine: First offense – Not less than $25 or more than $100;

Subsequent offense – Not less than $100 or more than $200. 

NJ ST § 39:4-52.

 Mandatory Minimum Term / Fine: The base fines above are mandatory minimums.

Licensing Action:

Type (Suspension / Revocation): The licensing actions listed for speeding violation also apply to this 

offense.

 

271 Point System: I. For the indicated point accumulations in a period of 2 years or less, the following suspension periods apply: 12-15 

points = 30 days suspension; 16-18 points = 60 days suspension; 19-21 points = 90 days suspension; 22-24 points = 120 days suspension; 

25-27 points = 150 days suspension; and 28 points or more = not less than 180 days suspension. For the indicated point accumulations in a 

period greater than 2 years, the following suspension periods apply: 12-14 points = 30 days suspension; 15-18 points = 30 days 

suspension; 19- 22 points = 60 days suspension; 23-26 points = 90 days suspension; 27-30 points = 120 days suspension; 31-35 points = 

150 days suspension; and 36 points or more = not less than 180 days suspension. NJ ST § 39:5-30.8; NJ ADC § 13:19-10.2(a). II. The 

following points have been assigned to speeding and speed-related violations: racing on highway = 5 points; reckless driving = 5 points; 

driving in an unsafe manner (third or subsequent conviction) = 4 points; careless driving = 2 points; slow speed blocking traffic or not 

maintaining the proper speed in a designed traffic lane = 2 points; exceeding speed limit by 1-14 mph = 2 points; exceeding speed limit by 

15-29 mph = 4 points; exceeding speed limit by 30 mph or more = 5 points. NJ ST § 39:4-97.2; NJAC § 13:19-10.1. Alternative 

Licensing and Possible Registration Action: A person’s license or vehicle’s registration certificate may be suspended or revoked (for an 

indefinite period of time) under general provisions of the law which allows the state to take such action when a person has violated the 

traffic laws. NJ ST § 39:5-30; NJ ST § 39:5-31.

Preliminary Licensing Action: The State may issue a “preliminary” (immediate) license suspension without a hearing prior to any final 

action based on an allegation that a person has committed: (1) a speeding offense where that person exceeded the authorized speed limit by 

20 mph; (2) reckless driving; (3) careless driving where any of the “alleged” offenses resulted in a death or a serious bodily injury to 

another. An aggrieved party may request a timely hearing on such preliminary action. NJ ST § 39:5-30(e).
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154

 Term of License Suspension / 

Revocation:

 Mandatory Minimum Term:

Other: I. Double Fines: For racing on a public highway with a speed limit of 

65 mph, the fine is double the usual amount. NJ ST § 39:4-98.6.

II. 5 points assessed against driving record. NJAC § 13:19-10.1.

III. Driver Improvement Program. NJ ST § 39:5-30.2; 

NJ ST § 39:5-30.4; NJ ST § 39:5-30.9; NJAC §13:19-10.2(b).

IV. $1.00 is added to any fine for the “Body Armor Replacement” 

fund; $1.00 is added to any fine for the “N.J. Spinal Cord Research” 

fund. NJ ST § 39:5-41(d), (e).

Reckless Driving: Motor Vehicle Offense NJ ST § 39:4-96.

Sanctions:

 Imprisonment Term / Fine: First conviction – Not less than $50 or more than $200 and/or not 

more than 60 days;

Second or subsequent conviction – Not less than $100 or more than 

$500 and/or not more than 3 months. NJ ST § 39:4-96.

Mandatory Minimum Term / Fine: The base fines above are mandatory minimums.

Licensing Action:

 Type (Suspension / Revocation): The licensing actions listed for speeding violations also apply to this 

offense.

Term of License Suspension / 

Revocation:

 Mandatory Term:

Other: I. Double Fines: For racing on a public highway with a speed limit of 

65 mph, the fine is double the usual amount. NJ ST § 39:4-98.6.

II. 5 points assessed against driving record. NJAC § 13:19-10.1.

III. Driver Improvement Program. NJ ST § 39:5-30.2; 

NJ ST § 39:5-30.4; NJ ST § 39:5-30.9; NJAC §13:19-10.2(b).

IV. $1.00 is added to any fine for the “Body Armor Replacement” 

fund; $1.00 is added to any fine for the “N.J. Spinal Cord Research” 

fund. NJ ST § 39:5-41(d), (e).

Careless Driving: Motor Vehicle Offense. NJ ST § 39:4-97.

Sanctions:

 Imprisonment Term / Fine: Not less than $50 or more than $200 and/or not more than 15 days. 

NJ ST § 39:4-104.

 Mandatory Minimum Term / Fine: $50

Licensing Action:

Type (Suspension / Revocation): The licensing actions listed for speeding violations also apply to this 

offense.

Term of License Suspension / 

Revocation:

Mandatory Term:
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 Other: I. Double Fines: For racing on a public highway with a speed limit of 

65 mph, the fine is double the usual amount. NJ ST § 39:4-98.6.

II. 2 points assessed against driving record. NJAC § 13:19-10.1.

III. Driver Improvement Program. NJ ST § 39:5-30.2; 

NJ ST § 39:5-30.4; NJ ST § 39:5-30.9; NJAC §13:19-10.2(b).

IV. $1.00 is added to any fine for the “Body Armor Replacement” 

fund; $1.00 is added to any fine for the “N.J. Spinal Cord Research” 

fund. NJ ST § 39:5-41(d), (e).

Unsafe Driving:

272 Motor Vehicle Offense. NJ ST § 39:4-97.2.

Sanctions:

 Imprisonment Term / Fine: First conviction – Not less than $50 or more than $150;

Second conviction – Not less than $100 or more than $250;

Third conviction – Not less than $200 or more than $500;

Subsequent conviction – $500. NJ ST § 39:4-97.2

 Mandatory Minimum Term / Fine: The base fines above are mandatory minimums.

Licensing Action:

Type (Suspension / Revocation): The licensing actions listed for speeding violations also apply to this 

offense.

Term of License Suspension / 

Revocation:

Mandatory Term:

 Other: I. Double Fines: For racing on a public highway with a speed limit of 

65 mph, the fine is double the usual amount. NJ ST § 39:4-98.6.

II. 4 points assessed against driving record upon the 3rd or subsequent 

conviction. NJ ST § 39:4-97.2; NJAC 13:19-10.1.

III. Driver Improvement Program. NJ ST § 39:5-30.2; NJ ST § 39:5-

30.4; NJ ST § 39:5-30.9; NJAC §13:19-10.2(b).

IV. $1.00 is added to any fine for the “Body Armor Replacement” 

fund; $1.00 is added to any fine for the “N.J. Spinal Cord Research” 

fund. NJ ST § 39:5-41(d), (e).

V. A surcharge of $250. NJ ST § 39:4-97.2(f).

Automated Speed Enforcement: No by S.P. The use of photo radar273 is prohibited. NJ ST § 39:4-103.1

Limitations of Use of Speed 

Measurement Devices:

No. Speed measurement devices are permitted. See e.g., State v. 

Herrerra, 48 A.3d 1009 (N.J. 2012); Matter of Admissibility of Motor 

Vehicle Speed Readings Produced by LTI Marksman 20-20 Laser 

Speed Detection System, 714 A.2d 381 (N.J.Super.L. 1998).

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person's privilege to operate a CMV is suspended if while driving 

such a vehicle that person commits 2 "serious traffic violations"274

within a 3-year period or 3 such violations within a 3-year period. 

 

272 “[I]t shall be unlawful for any person to drive or operate a motor vehicle in an unsafe manner likely to endanger a person or property.” 

NJ ST § 39:4-97.2. 273 “Photo radar” means a device used primarily for highway speed limit enforcement substantially consisting of a radar unit linked to a 

camera, which automatically produces a photograph of a vehicle traveling at a speed in excess of the legal limit. NJ ST § 39:4-103.1.
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SUMMARY OF SPEED LAWS, 12TH EDITION

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NJ ST § 39:3-10.20(f).

Period of Disqualification: Two serious violations (within 3 years) – Not less than 60 days;

Three serious violations (within 3 years) – Not less than 120 days.

NJ ST § 39:3-10.20(f).

 

274 A “serious traffic violation” includes exceeding the speed limit by 15 or more mph and reckless driving. NJ ST § 39:3-10.11.
NEW MEXICO

SUMMARY OF SPEED LAWS, 12TH EDITION

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JURISDICTION NEW MEXICO

Reference: New Mexico Statutes Annotated

New Mexico Administrative Code

Basis for a Speed Law Violation: 

Basic Speed Rule: Speed shall be so controlled as to avoid colliding with any person or 

vehicle that is either on or entering the highway. All persons shall use 

due care. NM ST § 66-7-301(B). 

Statutory Speed Limit: 75 mph on highways;

30 mph in business and residential districts;

15 mph in a posted school zone.

275

NM ST § 66-7-301(A).

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the secretary of 

highway and transportation may increase or decrease the above speed 

limits on any highway within its jurisdiction, so long as such speed 

limit is not greater than 75 mph. NM ST § 66-7-303(A).

II. Based on engineering and traffic investigations and subject to 

approval by the secretary of highway and transportation, a local 

government may increase or decrease the above speed limits on any 

highway within its jurisdiction. NM ST § 66-7-303(B); 

NM ST § 66-7-304.

III. Based upon investigations, the State Transportation Commission 

may establish safe maximum speed limits for bridges and other 

elevated structures. NM ST § 66-7-306(C).

Minimum Speed Limit: I. No person shall drive a motor vehicle at such a slow speed as to 

impede the normal and reasonable movement of traffic. 

NM ST § 66-7-305(A).

II. A person driving at less than the normal speed of traffic shall drive 

in the right-hand lane then available for traffic or as close as 

practicable to the right-hand curb or edge of the roadway. 

NM ST § 66-7-308(B).

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State 

Transportation Commission or a local government may establish 

minimum speed limits on a highway. NM ST § 66-7-305(B). Note: 

Slower moving traffic may be directed to use designated lanes by 

posted signs. NM ST § 66-7-317(C).

Other: I. The State or a local government may establish speed limits in 

construction zones. NM ST § 66-7-303.1.

II. A person shall not operate a motor vehicle that is equipped with

solid rubber or cushion tires at a speed greater than 10 mph. 

NM ST § 66-7-306(A).

 

275 This speed limit is in effect when children are going to or leaving a school. NM ST § 66-7-301(A)(1).
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Low Speed Vehicles:

Permitted on Public Roads

(Yes/No):

Yes. On public roads with a speed limit of 35 mph or less. 

NM ST § 66-3-1103.

Maximum Speed Permitted: 25 mph. NM ST § 66-1-4.12(A).

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Penalty assessment misdemeanors.

276 NM ST § 66-8-7(A); 

NM ST § 66-8-116(A).

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: $15- $200.

277 NM ST § 66-8-116(A).

Mandatory Minimum Term / Fine: None

Other Penalties:

Traffic School: A driver may have to complete a Driver Improvement Course. 

NM ADC 18.19.5.57.

 Other: In lieu of a court appearance, an offender may elect to pay a penalty 

assessment.278 NM ST § 66-8-116. For a penalty assessment, an 

offender is assessed additional fees to cover various costs.

NM ST § 66-8-116.3.

Licensing Action:

Type (Suspension / Revocation): Suspension through point system279 based on frequent violation of the 

traffic laws.280 NM ST § 66-5-30(A)(3), (11).

Term of License Suspension / 

Revocation:

Not more than 1 year. NM ST § 66-5-32.

 

276 The term “penalty assessment misdemeanor” does not include a violation that has caused or contributed to the cause of an accident 

resulting in injury or death to a person. NM ST § 66-8-116(B). 277 An offender who is cited for a penalty assessment misdemeanor may elect to appear in court. In such cases, the fine imposed cannot 

exceed the penalty assessment established for a penalty assessment offense under NM ST § 66-8-116(A). 278 Penalty Assessments: The following monetary assessments are assigned for speeding violations: Driving so as to impede traffic or not 

driving in the right lane when not proceeding at the normal speed or traffic = $10; speeding under NM ST § 66-7-306 (driving greater than 

10 mph with solid rubber or cushion tires; speeding on a bridge) = $15; speeding up to and including 10 mph over the limit or exceeding 

other posted speed limits = $15; 11-15 mph = $30; 16-20 mph = $65; 21-25 mph = $100; 26-30 mph = $125; 31-35 mph = $150; greater 

than 35 mph = $200. NM ST § 66-8-116(A). Speeding in a construction zone results in an assessment twice the penalty assessment 

established for the equivalent miles per hour over the speed limit. 

NM ST § 66-8-116(D). 279 Point System: I. An offender's license is suspended for not more than 3 months if accumulating between 7-10 points within 1 year, and 

a recommendation has been made from a municipal or magistrate judge. NM ST § 66-5-30(A)(11); NM ADC 18.19.5.54. However, the 

offender is subject to a 12-month suspension if he/she accumulates 12 or more points within 12 consecutive months. NM ADC 18.19.5.55. 

II. The following points have been assigned for speeding or speed-related violations: speeding at least 26 mph over the speed limit = 8

points; reckless driving = 6 points; racing on highway = 6 points; speeding 16-25 mph over the speed limit = 5 points; speeding 6-15 mph 

over the speed limit = 3 points; careless driving = 3 points; not proceeding at the normal speed of traffic except when driving in the right 

lane = 3 points. NM ADC 18.19.5.52. Note: The point schedule does not assign points for driving at such a slow speed as to impede 

traffic. III. Points assessed to a driver will be expunged automatically by the end of the 12th month following the month in which the 

violation for which the points were assessed occurred. NM ADC 18.19.5.51.

280 Exception: The licensing agency cannot suspend an offender's license for a speeding violation unless the offender was driving greater 

than 75 mph on highways or in posted limit construction zones. NM ST § 66-7-302.1.
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SUMMARY OF SPEED LAWS, 12TH EDITION

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Mandatory Minimum Term: None. Note: An offender is eligible for limited driving privileges for 

educational or employment purposes. NM ST § 66-5-35.

Miscellaneous Sanctions Not 

Included Elsewhere:

N/A

Other Criminal Actions Related to 

Speeding:

Drag Racing on Highway: Misdemeanor. NM ST § 66-8-115.

Sanctions:

Imprisonment Term / Fine: Not more than 90 days and/or not more than $300. 

NM ST § 66-8-7(B).

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): The licensing actions listed for speeding violations also apply to this 

offense.

 Term of License Suspension / 

Revocation:

 Mandatory Minimum Term:

Other: I. A driver may have to complete a driver improvement Course. 

NM ADC 18.19.5.57.

II. 6 points assessed against driving record. NM ADC 18.19.5.52. 

Reckless Driving:

281 Misdemeanor. NM ST § 66-8-7(A); NM ST § 66-8-113(A)

Sanctions:

 Imprisonment Term / Fine: First conviction – Not less than 5 days or more than 90 days and/or 

not less than $25 or more than $100;

Subsequent conviction – Not less than 10 days or more than 6 months

and/or not less than $50 or more than $1,000. NM ST § 66-8-113(B).

Mandatory Minimum Term / Fine: The base terms above are mandatory minimums.

Licensing Action:

 Type (Suspension / Revocation): Suspension. NM ST § 66-8-113(C). 

Revocation for 3 offenses within 12 months. NM ST § 66-5-29(A)(7).

Term of License Suspension / 

Revocation:

Suspension – Not more than 90 days. NM ST § 66-8-113(C). 

Revocation for 3 offenses within 12 months – 1 year. 

NM ST § 66-5-29(B).

 Mandatory Minimum Term: None. An offender is eligible for limited driving privileges for 

employment purposes. NM ST § 66-5-35.

Other: I. Suspension is also possible through points system based on frequent 

violations of the traffic laws or habitually reckless or negligent 

 

281 Any person who drives any vehicle carelessly and heedlessly in willful or wanton disregard of the rights or safety of others and without 

due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property is guilty of 

reckless driving. NM ST § 66-8-113(A).
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driving. NM ST § 66-5-30(A)(3), (4).

II. A driver may have to complete a driver improvement Course. 

NM ADC 18.19.5.57.

III. 6 points assessed against driving record. NM ADC 18.19.5.52.

Careless Driving:

282 Misdemeanor. NM ST § 66-8-114(A), (B).

Sanctions:

 Imprisonment Term / Fine: Not more than 90 days and/or not more than $300. 

NM ST § 66-8-7(B). 

 Mandatory Minimum Term / Fine: None.

Licensing Action:

Type (Suspension / Revocation): The licensing actions listed for speeding violations also apply to this 

offense.

Term of License Suspension / 

Revocation:

Mandatory Minimum Term:

 Other: I. A driver may have to complete a driver improvement Course. 

NM ADC 18.19.5.57. 

II. 3 points assessed against driving record. NM ADC 18.19.5.52.

Automated Speed Enforcement: No statutory provision.

Limitations of Use of Speed 

Measurements Devices:

No. At a minimum, radar devices are permitted. See State v. 

Harrison, 238 P.3d 869 (N.M. 2010)

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a 

vehicle that person commits 2 “serious traffic violations”283 within a 3-

year period or 3 such violations within a 3-year period. 

NM ST § 66-5-68(F).

Period of Disqualification: Two serious violations (within 3 years) – Not less than 60 days; 

Three serious violations (within 3 years) – Not less than 120 days. 

NM ST § 66-5-68(H).

 

282 The offense of “careless driving” includes operating a vehicle without giving “full time and entire attention” to vehicle operation, or 

operating a vehicle “in a careless, inattentive or imprudent manner, without due regard for the width, grade, curves, corners, traffic, other 

and road conditions and other attendant circumstances, including the non-emergency use of a handheld wireless communication device for 

text messaging or electronic communication.” NM ST § 66-8-114. 283 A “serious traffic violation” includes exceeding the speed limit by 15 or more mph and reckless driving. NM ST § 66-5-54(T).
NEW YORK

SUMMARY OF SPEED LAWS, 12TH EDITION

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JURISDICTION NEW YORK

Reference: McKinney’s Consolidated Laws of New York (Vehicle and 

Traffic Law )

New York Code of Rules and Regulations (NYCRR)

Basis for a Speed Law Violation: 

Basic Speed Rule: I. A person shall not drive a vehicle at a speed greater than is 

reasonable and prudent under the conditions and having regard to the 

actual and potential hazards then existing.

II. The driver of every vehicle shall drive at an appropriate reduced 

speed when approaching and crossing an intersection or railway grade 

crossing, when approaching and going around a curve, when 

approaching a hill crest, when approaching and passing by an 

emergency situation involving any authorized emergency vehicle 

which is parked, stopped or standing on a highway and which is 

displaying one or more red or combination red and white lights, when 

traveling upon any narrow or winding roadway, and when any special 

hazard exists with respect to pedestrians, or other traffic by reason of 

weather or highway conditions, including, but not limited to a 

highway construction or maintenance work area. 

NY VEH & TRAF § 1180(a), (e).

Statutory Speed Limit: 55 mph. NY VEH & TRAF § 1180(b); 

NY VEH & TRAF § 1180-a(1).

65 mph on parts of certain designated highways.284

NY VEH & TRAF § 1180-a(2).

Posted (Maximum) Speed Limit: I. The State Department of Transportation may establish maximum 

speed limits greater than or less than mph:

285 (1) on highways under 

its jurisdiction;

286 (2) on county or town roads not in cities or villages 

by request from a county or town; or (3) on highways on State 

educational, institutional or agency grounds by request from the 

controlling organizations. 

NY VEH & TRAF § 1620(a); NY VEH & TRAF § 1622(1); 

NY VEH & TRAF § 1623(a). 

II. Certain State-created public authorities and commissions may 

establish maximum speed limits less than 55 mph on highways under 

their jurisdictions.287 NY VEH & TRAF § 1180(c), (d)(1); 

NY VEH & TRAF § 1180-a(1); NY VEH & TRAF § 1630(5).

III. Towns288 may establish maximum speed limits less than 55 mph 

on roads within their exclusive jurisdictions. 

 

284 A speed limit of 65 mph may be established on the following highways. See NY VEH & TRAF § 1180-a(2), (3) for specific road 

names. 

285 Usually, such speed limits cannot be less than 25 mph, or less than 15 mph in a school zone. NY VEH & TRAF § 1620(a); NY VEH & 

TRAF § 1622(1). However, on highways within certain designated areas, the speed limit within a county or town cannot be less than 30 

mph. NY VEH & TRAF § 1622(2). 286 This applies to State-maintained highways outside of cites with a population in excess of 1 million and on Indian reservations. 

NY VEH & TRAF § 1620(a). 287 Usually, such speed limits cannot be less than 25 mph, or less than 15 mph in a school zone. However, there are exceptions. Lower safe 

speed limits may be established for bridges and elevated structures. A safe speed limit of not less than 10 mph may be established in parks, 

and a speed limit of not less than 15 mph may be established for passage through toll plazas. NY VEH & TRAF § 1630(5).
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SUMMARY OF SPEED LAWS, 12TH EDITION

162

NY VEH & TRAF § 1180(c), (d)(1); NY VEH & TRAF § 1180-a(1); 

NY VEH & TRAF § 1662-a.

IV. Cities and villages may establish maximum speed limits less than 

55 mph289 on roads within their exclusive jurisdictions. 

NY VEH & TRAF § 1180(c), (d)(1); NY VEH & TRAF § 1180-a(1); 

NY VEH & TRAF § 1643.

V. A city or village may establish maximum speeds of not less than 

15 mph on certain private driveway or parking areas. 

NY VEH & TRAF § 1640-a(2-a).

VI. Other local authorities or school districts may establish speed 

limits less than 55 mph on driveways or parking fields under their 

jurisdictions. NY VEH & TRAF § 1180(d)(1); 

NY VEH & TRAF § 1670(3).

VII. The State Department of Transportation may prohibit a local 

government from establishing maximum speed limits on certain 

designated State maintained highways. NY VEH & TRAF § 1624(a).

VIII. Except as provided under NY VEH & TRAF § 1180-a(2), (3), 

cities, villages, towns, counties, public authorities and divisions and 

offices of the State Department of Transportation are prohibited from 

establishing speed limits greater than 55 mph.

NY VEH & TRAF § 1180-a(1).

Minimum Speed Limit: I. No person shall drive a motor vehicle at such a slow speed as to 

impede the normal and reasonable movement of traffic. 

NY VEH & TRAF § 1181(a).

II. A person driving at less than the normal speed of traffic shall drive 

in the right-hand lane then available for traffic or as close as 

practicable to the right-hand curb or edge of the roadway. 

NY VEH & TRAF § 1120(b).

Posted (Minimum) Speed Limit: The State may establish minimum safe speed limits on highways 

under its jurisdiction or a city with a population exceeding 1 million.

NY VEH & TRAF § 1181(b); NY VEH & TRAF § 1620(b); 

NY VEH & TRAF § 1642(a)(5). Note: Official traffic control devices 

may direct slower moving traffic to use designated lanes. 

NY VEH & TRAF § 1128(c).

Other: I. The State or local government may establish maximum safe speed 

limits on bridges and elevated structures on their respective highways.

 

288 “Towns” means suburban towns governed by Town Law Article 3-a or other towns with a population greater than 50,000. 

NY VEH & TRAF § 1662-a. The established speed limit within designated areas of a town cannot be less than 30 mph, 

except that on certain designated highways, the speed limit cannot be less than 25 mph. Nevertheless, a speed limit of not less than 

15 mph may be established in school zones. In the community of Point Lookout, Town of Hempstead, a speed limit of not less than 15 mph 

may be established. NY VEH & TRAF § 1662-a. 289 I. The established speed limit within designated areas of a city or village cannot be less than 30 mph, except that on certain designated 

highways, the speed limit cannot be less than 25 mph. A speed limit of not less than 15 mph may be established in school zones. In Buffalo 

and Rochester, a speed limit of not less than 15 mph may be established on a highway within a city park. NY VEH & TRAF § 1643. II. In 

cities with a population exceeding 1 million, speed limits less than 25 mph but in no case less than 15 mph may be established along 

designated highways for the “purpose of implementing traffic calming measures.” However, no such speed limit can be established where 

such measure consists only of traffic control signs. The term “traffic calming measures” means “any physical engineering measure or 

measures that reduce the negative effects of motor vehicle use, alter driver behavior and improve conditions for non-motorized street users 

such as pedestrians and bicyclists.” NY VEH & TRAF § 1642(a)(26).
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SUMMARY OF SPEED LAWS, 12TH EDITION

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NY VEH & TRAF § 1180(d)(1); NY VEH & TRAF § 1620(c); 

NY VEH & TRAF § 1644; NY VEH & TRAF § 1652; 

NY VEH & TRAF § 1663.

II. The State or a local government may establish maximum and 

minimum speed limits on restricted highways that are under 

construction or reconstruction. NY Highway § 104-a; 

NY VEH & TRAF § 1180(d)(2); NY VEH & TRAF § 1625(a)(1).

III. An agency having control over a street under construction or 

maintenance may establish a “work area speed limit” with a limit of 

not less than 25 mph. In addition, the usual speed limit cannot be 

exceeding the work area speed limit by more than 20 mph. 

NY VEH & TRAF § 1180(f).

IV. State university boards of trustees are authorized to adopt State 

traffic laws, which could include speed limits, on university streets. 

NY EDUC § 360(1).

V. School vehicles, when engaged in pupil transportation, cannot be 

driven greater than 55 mph. However, local school districts may 

adopt a lower operating speed for such vehicles. NY EDUC § 3624.

VI. No person shall drive a commercial motor vehicle (CMV) with 

gross weight of greater than 10,000 lbs., (greater than 18,000 lbs., if 

using a radar/laser speed detector) greater than 55 mph or above the 

posted speed limit. NY VEH & TRAF § 1180(g)(i).

Low Speed Vehicles:

Permitted on Public Roads

(Yes/No):

Yes. On public road with a speed limit of 35 mph or less. 

15 NYCRR 102.10.

Maximum Speed Permitted: 25 mph. 15 NYCRR 102.10

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Traffic infractions. NY VEH & TRAF § 1180; 

NY VEH & TRAF § 1800(a); NY EDUC § 360(2).

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: Basic Speed Rule: Not more than 15 days and/or not less than $45 or 

more than $150. NY VEH & TRAF § 1180(h)(2).

Violating the Posted Minimum Speed Limit or Minimum Speed 

Law (including not driving in the right lane when proceeding at less 

than the normal speed of traffic):

First offense – Not more than 15 days and/or not more than $150; 

Second offense(within 18 months) – Not more than 45 days and/or 

not more than $300;

Subsequent offense (within 18 months) – Not more than 90 days

and/or not more than $450. NY VEH & TRAF § 1800(b).
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Exceeding 55/65 mph or the Posted Speed Limits:

290(1) Not more 

than 10 mph – Not less than $45 or more than $150; (2) 11-30 mph –

Not more than 15 days and/or not less than $90 or more than $300;

(3) More than 30 mph – Not more than 30 days and/or not less than 

$180 or more than $600. NY VEH & TRAF § 1180(h)(1).

Established Construction Zones or CMV Speed Limit Violations:

(1) Not more than 10 mph – Not less than $90 or more than $150;

(2) 11-30 mph - Not more than 30 days and/or not less than $180 or 

more than $300;

291 (3) More than 30 mph – Not more than 30 days 

and/ or not less than $360 or more than $600.

292

NY VEH & TRAF § 1180(h)(3).

In addition to any other penalty, violation of a maximum speed limit 

in a work zone is subject to an additional surcharge of $50. 

NY VEH & TRAF § 1809-d.

Mandatory Minimum Term / Fine: The base terms above are mandatory minimums.

Other Penalties:

Traffic School: The court may order an offender to attend a Driver Improvement 

Clinic. 15 NYCRR § 131.4(b).

 Other: School Speed Zone: The following sanctions apply if a person 

exceeds the applicable speed limit in a school zone during a school 

day between the hours of 7:00 A.M. and 6:00 P.M.:(1) exceeding the 

speed limit by up to 10 mph – Not less than $90 or more than $300; 

(2) 11-30 mph- Not less than $180 or more than $600 and/or not more 

than 15 days; (3) More than 30 mph – Not less than $360 or more 

than $1200 and/or not more than 30 days. NY VEH & TRAF § 

1180(h)(4).

Licensing Action:

Type (Suspension / Revocation): Suspension or Revocation– Based upon habitual or persistent traffic 

law violations (point system).293 NY VEH & TRAF § 510(3)(d).

Revocation– Based on 3 or more offenses within 18 months 

involving exceeding the speed limit. 

 

290 For a second offense (within 18 months), the penalty shall be not more than 30 days and/or the maximum fine increased by $150; 

subsequent offense (within 18 months), the penalty shall be not more than 30 days and/ or the maximum fine increased by $375. NY VEH

& TRAF § 1180(h)(5).

291 Where the vehicle is in violation of any rules or regulations involving an out-of-service defect relating to brake systems, steering 

components and/or coupling devices, or transporting flammable gas, radioactive materials or explosives, the fine shall be $300 and/or not 

more than 30 days. NY VEH & TRAF § 1180(h)(3)(ii). 292 Where the vehicle is in violation of any rules or regulations involving an out-of-service defect relating to brake systems, steering 

components and/or coupling devices, or transporting flammable gas, radioactive materials or explosives, the fine shall be $600 and/or not 

more than 30 days. NY VEH & TRAF § 1180(h)(3)(iii). 293 Point System: I. An offender may be required to attend a Driver Improvement Clinic if he accumulates 7 to 10 points within 18 months. 

15 NYCRR§ 131.4(b) The licensing agency may take licensing action (suspension or revocation) if the offender has accumulated 11 or 

more points within 18 months or at 9 or more points resulting from speeding violations within 18 months. 15 NYCRR § 131.4(c). II. The 

following points have been assigned to speeding or speed-related violations: speeding in excess of 40 mph over the speed limit = 11 points; 

speeding 31-40 mph over the speed limit = 8 points; speeding 21-30 mph over the speed limit = 6 points; reckless driving = 5 points; 

speeding 11-20 mph over the speed limit = 4 points; other violations related to exceeding the speed limit = 3 points. 15 NYCRR § 

131.3(a), (b).
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SUMMARY OF SPEED LAWS, 12TH EDITION

165

NY VEH & TRAF § 510(2)(a)(iv).

Term of License Suspension / 

Revocation:

Suspension or Revocation – Based upon habitual or persistent traffic 

law violations (point system) – The law does not provide specific 

suspension or revocation periods.294 NY VEH & TRAF § 510(3)(d).

Revocation– Based upon 3 or more offenses within 18 months 

involving speeding – at least 6 months. 

NY VEH & TRAF § 510(6)(a).

Mandatory Minimum Term: Suspension or Revocation– Based upon habitual or persistent traffic 

law violations (point system) – None.

295 Note: Suspension or 

revocation action is "permissive." NY VEH & TRAF § 510(3)(d).

Revocation – Based on 3 or more offenses within 18 months 

involving speeding – 6 months.

Miscellaneous Sanctions Not 

Included Elsewhere:

The registrations of the vehicles owned by the offender may also be 

suspended or revoked. NY VEH & TRAF § 510(2)(a), (3).

Other Criminal Actions Related to 

Speeding:

Drag Racing on Highway: Misdemeanor NY VEH & TRAF § 1182(1).

Sanctions:

Imprisonment Term / Fine: First offense – Not more than 30 days and/or not less than $300 or 

more than $525;

Second offense (within 12 months) – Up to 1 year, 1 day and/or a 

fine of not less than $525 or more than $750. 

NY VEH & TRAF § 1182.

 Mandatory Minimum Term / Fine: The base fines above are mandatory minimums.

Licensing Action:

Type (Suspension / Revocation): Revocation NY VEH & TRAF § 510(2)(a)(vi), (vii).

 Term of License Suspension / 

Revocation:

First offense – At least 6 months; 

Second offense (within 3 years) – 1 year. 

NY VEH & TRAF § 510(2)(a).

 Mandatory Minimum Term: The terms above are mandatory.

Other: I. The registrations of the vehicles owned by the offender may also be 

revoked. NY VEH & TRAF § 510(2)(a).

II. The court may order an offender to attend a Driver Improvement 

Clinic. 15 NY ADC §131.4.

 

294 In the case of “permissive” revocations, the law provides that a “new” license cannot be issued for at least 30 days. NY VEH & TRAF 

§ 510(6)(g). 295 A “restricted use license” is available if license suspension or revocation is ordered. Such license is issued upon a showing that driving 

is necessary for employment, business or education. NY VEH & TRAF § 530.
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SUMMARY OF SPEED LAWS, 12TH EDITION

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Reckless Driving: Misdemeanor NY VEH & TRAF § 1212; 

NY VEH & TRAF § 1801(1).

Sanctions:

 Imprisonment Term / Fine: First offense – Not more than 30 days and/or not less than $100 or 

more than $300;

Second offense (within 18 months) – Not more than 90 days and/or 

not less than $100 or more than $525;

Subsequent offense (within 18 months) – Not more than 180 days

and/or not less than $100 or more than $1125. 

NY VEH & TRAF § 1801(1).

Mandatory Minimum Term / Fine: $100 NY VEH & TRAF § 1801(1).

Licensing Action:

 Type (Suspension / Revocation): Suspension or Revocation – Based upon dangerous driving or 

habitual or persistent traffic law violations (point system). 

NY VEH & TRAF § 510(3)(a), (d).

Term of License Suspension / 

Revocation:

None.

296 The law does not provide specific suspension or revocation 

periods. NY VEH & TRAF § 510(3).

 Mandatory Minimum Term: None. Suspension or revocation action is “permissive.”

NY VEH & TRAF § 510(3).

Other: I. The registrations of the vehicles owned by the offender may also be 

revoked. NY VEH & TRAF § 510(2)(a).

II. The court may order an offender to attend a Driver Improvement 

Clinic. 15 NY ADC §131.4.

III. 5 points assessed against driving record. 15 NY ADC § 131.3.

Automated Speed Enforcement: No statutory provisions

Limitations of Use of Speed 

Measurement Devices:

No. At a minimum, the use of radar and laser devices are permitted. 

See e.g., People v. Goess, 2012 WL 603735 (N.Y.Sup.App.Term) 

(February 15, 2012) (unreported); People v. Les, 2012 WL 3139766 

(N.Y.Sup.App.Term) (July 12, 2012) (unreported).

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person's CDL is suspended if while operating a CMV that person 

commits 2 “serious traffic violations”297 within a 3-year period or 3 

such violations within a 3-year period. 

NY VEH & TRAF § 510-a(3)(a), (b).

 

296 A “restricted use license” is available if license suspension or revocation is ordered. Such license is issued upon a showing that driving 

is necessary for employment, business or education. However, a person is not eligible for such privileges if that person has been convicted 

of a prior reckless driving offense within 4 years of the present offense. NY VEH & TRAF § 530(2). 297 A “serious traffic violation” includes exceeding the speed limit by 15 or more mph and reckless driving. 

NY VEH & TRAF § 510-a(4)(a).
NEW YORK

SUMMARY OF SPEED LAWS, 12TH EDITION

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Period of Disqualification: Two serious violations (within 3 years) – 60 days; 

Three serious violations (within 3 years) – 120 days. 

NY VEH & TRAF § 510-a(3)(a), (b).

JURISDICTION NORTH CAROLINA

Reference: General Statutes of North Carolina

Basis for a Speed Law Violation: 

Basic Speed Rule: No person shall drive a vehicle at a speed greater than is reasonable 

and prudent under the conditions then existing. NC ST § 20-141(a).

Statutory Speed Limit: 70 mph on the interstate highway system or other controlled-access 

highways;

298

55 mph on highways outside municipal corporate limits;

35 mph on highways inside municipal corporate limits.

NC ST § 20-141(b), (d).

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the Transportation 

Department may increase or decrease the above speed limits on State 

highways under its jurisdiction (e.g., outside the corporate limits of a 

municipality or unincorporated municipalities). 

NC ST § 20-141(d), (f), (g).

II. Based on engineering and traffic investigations, local governments 

may increase or decrease the above speed limits on streets under their 

jurisdictions. However, the maximum speed limit on any street 

cannot exceed 55 mph. NC ST § 20-141(e), (f).

III. Except for overweight or oversized vehicles requiring special 

permits to use the highways or when weather or highway conditions 

require a slower speed, speed limits shall apply uniformly to all types 

of vehicles. NC ST § 20-141(l).

IV. Local authorities may post lower speed limits than provided for 

under NC ST § 20-141(b) on public school property and on private 

school property subject to the approval of governing body of the 

private school. NC ST § 20-141(e1).

Minimum Speed Limit: I. No person shall operate a motor vehicle at such a slow speed as to 

impede the normal and reasonable movement of traffic. 

NC ST § 20-141(h).

II. Except when making a left turn, no person shall operate a motor 

vehicle on the inside lane next to the median of any dual-lane highway 

at a speed below the posted speed limit if such slow speed would 

impede the steady flow of traffic. NC ST § 20-146(e).

III. A person driving at less than the legal maximum speed limit shall 

drive in the right-hand lane then available for thru traffic or as close as 

practicable to the right-hand curb or edge of the highway. 

NC ST § 20-146(b).

 

298 The maximum speed limit on these highways is 55 mph unless an engineering and traffic investigation justifies a higher speed limit. 

However, any increase in the speed limit cannot be greater than 70 mph. NC ST § 20-141(d)(2).
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168

Posted (Minimum) Speed Limit: 40 mph on interstate and primary highways with a posted speed limit 

of 55 mph;

299

45 mph on interstate and primary highways with a posted speed limit 

of 60 mph or greater. NC ST § 20-141(c)(1), (2).

Based on engineering and traffic investigations, the Department of 

Transportation or a local government may establish a minimum speed 

limit on the streets and highways under their jurisdictions. 

NC ST § 20-141(g).

Other: I. The Board of Transportation or a local government may establish 

speed limits in designated school zones. These limits are in effect 

when school is in session. Such a limit cannot be less than 20 mph.

NC ST § 20-141.1.

II. The Department of Transportation may establish safe maximum 

speed limits for bridges, causeways or viaducts. NC ST § 20-144.

III. A school bus which is occupied by one or more child passengers

shall not be driven greater than 45 mph on State highways and public 

vehicular areas. A school activity bus which is occupied by one or 

more child passengers shall not be driver greater than 55 mph on 

highways and public vehicular areas of North Carolina.

NC ST § 20-218(b).

300

IV. When transporting persons, an activity bus which is owned by a 

nonprofit organization shall not be driven greater than 55 mph. 

NC ST § 20-218.2.

Low Speed Vehicles:

Permitted on Public Roads 

(Yes/No):

Yes. On public roads with a speed limit of 35 mph or less. 

NC ST § 20-121.1.

Maximum Speed Permitted: 25 mph. NC ST § 20-4.01(27)(h)

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Except as noted, infractions (non-criminal offenses). 

NC ST § 14-3.1; NC ST § 20-176(a).

Excessive Speeding =Class 2 misdemeanor.

301 NC ST § 20-141(j1).

A person who drives a school bus, a school activity bus, or a nonprofit 

activity bus in excess of the maximum statutory speed allowed for 

these vehicles commits a Class 3 misdemeanor. 

NC ST § 20-218(c); NC ST § 20-218.2.

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: Infraction – Not more than $100. NC ST § 20-176(b).

 

299 This limit does not apply to vehicles that are towing other vehicles. NC ST § 20-141(c). 300 It seems that the latter part of NC ST § 20-218(b) may apply to interstate highways, while the former may apply to State highways. 301 It is a Class 2 misdemeanor to operate a motor vehicle greater than 15 mph over the posted speed limit, or greater than 80 mph. 

NC ST § 20-141(j1).
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SUMMARY OF SPEED LAWS, 12TH EDITION

169

Class 3 misdemeanor – Not more than $200 and/or 1-20 days. 

NC ST § 15A-1340.23(b), (c)(2).

Class 2 misdemeanor – Not more than $1,000 and/or 1-60 days.

302

NC ST § 15A-1340.23(b), (c)(2).

Mandatory Minimum Term / Fine: None. See Highway Work Zone and School Property, below.

Other Penalties:

Traffic School: Driver Improvement Clinic. NC ST § 20-16(e).

 Other: Highway Work Zone: There is a fine of $250 (mandatory) for 

exceeding the speed limit in a highway work zone. 

NC ST § 20-141(j2).

School Zone or School Property: For exceeding the posted speed 

limit in a school zone or on public or private school property where 

such limit was established pursuant to NC ST § 20-141(e1), there is a 

mandatory fine of $250. NC ST § 20-141(e1); NC ST § 20-141.1.

Speeding in Excess of 25 mph Over Posted Speed Limit: A driver 

shall be ineligible for a disposition of prayer for judgment continued. 

NC ST § 20-141(p).

Licensing Action:

Type (Suspension / Revocation): I. Suspension through a point system.303 NC ST § 20-16(a)(5), (c).

II. Suspension for 2 offenses within 12 months of speeding greater 

than 55 but less than 80 mph.304 NC ST § 20-16(a)(9).

III. Suspension for driving greater than 75 mph on a highway with a 

posted speed limit of less than 70 mph. NC ST § 20-16(a)(10).

IV. Suspension for driving greater than 80 mph on a highway with a 

posted speed limit of 70 mph. NC ST § 20-16(a)(10a).

 

302 The period of incarceration is determined by the number of prior misdemeanor offense convictions. I. For Class 1 misdemeanors, if the 

offender either has had no priors or has had no more than 4 prior convictions, the incarceration period is from 1 to 45 days. However, if 

that person has had 5 or more convictions, the incarceration period is from 1 to 120 days. II. For Class 2 misdemeanors, if the offender has 

had no prior convictions, the incarceration period is from 1 to 30 days. If that person has had up to 4 prior convictions, the incarceration 

period is from 1 to 45 days, and, if there are 5 or more prior convictions, the incarceration period is from 1 to 60 days. III. For Class 3 

misdemeanors, if the offender has had no prior convictions, the incarceration period is 1 to 10 days. If that person has had up to 4 prior 

convictions, the incarceration period is from 1 to 15 days, and, if there are 5 or more prior convictions, the incarceration period is from 1 to 

20 days. NCST §15A-1340.23(c)(2). 303 Point System: I. A person's license is subject to suspension if accumulating 12 points within 3 years, or 8 points in the 3-year period 

immediately following the reinstatement of a license which has been suspended or revoked because of a conviction for 1 or more traffic 

offenses. II. The following points have been assigned to speeding or speed-related offenses: aggressive driving = 5 points (6 points if 

operating a CMV); reckless driving = 4 points (5 points/CMV); exceeding the posted speed limit of 55 mph = 3 points (4 points/CMV); 

exceeding the posted speed limit in a school zone = 3 points (4 points/CMV); and all other speed violations = 2 points (3 points/CMV). 

NC ST § 20-16(a)(5), (c). 304 This category also includes one or more charges of reckless driving and one or more charges of speeding greater than 55 but less than 80 

mph; or one or more charges of aggressive driving and one or more charges of speeding greater than 55 but less than 80 mph. NC ST § 20-

16(a)(9).
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170

Term of License Suspension / 

Revocation:

I. Suspension through a point system – Not more than 60 days.

305

NC ST § 20-16(c).

II. Suspension for 2 offenses within 12 months of speeding greater 

than 55 but less than 80 mph – Not more than 6 months. 

NC ST § 20-19(a).

III. Suspension for driving greater than 75 mph on a highway with a 

posted speed limit of less than 70 mph – Not more than 12 months. NC

ST § 20-19(b).

IV. Suspension for driving greater than 80 mph on a highway with a 

posted speed limit of 70 mph – Not more than 1 year. 

NC ST § 20-19(c).

Mandatory Minimum Term: None – generally, suspension is or appears to be discretionary. 

NC ST § 20-16(a)(5), (10a); NC ST § 20-19(a), (b).

Miscellaneous Sanctions Not 

Included Elsewhere:

Required Suspension For Operating a Motor Vehicle: (1) greater 

than 15 mph over the speed limit and also driving greater than 55 mph; 

or (2) greater than 80 mph – 30 days.

306 NC ST § 20-16.1(a). 

Note: A longer license suspension is authorized if other provisions of 

law so provide. NC ST § 20-16.1(e).

Commercial Motor Vehicle: A person who commits a violation in a 

commercial motor vehicle for which points are assessed may be further

assessed double the amount of any fine or penalty authorized by law. 

NC ST § 20-16.01.

Other Criminal Actions Related to 

Speeding:

Racing on Highway: Prearranged Speed Competition on a Highway – Class 1 

misdemeanor. NC ST § 20-141.3(a).

Willful Speed Competition – Class 2 misdemeanor. 

NC ST § 20-141.3(b). 

Sanctions:

Imprisonment Term / Fine: Prearranged Speed Competition on a Highway– The amount of the 

fine is discretionary with the court; 1-120 days. 

NC ST § 15A-1340.23(b), (c)(2).

Willful Speed Competition – Not more than $1,000 and/or 1-60 days. 

NC ST § 15A-1340.23(b), (c)(2). 

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Prearranged Speed Competition on a Highway – Revocation. 

NC ST § 20-141.3(d).

Willful Speed Competition – Suspension. NC ST § 20-141.3(e).

Term of License Suspension / 

Revocation:

Prearranged Speed Competition on a Highway –3 years. 

NC ST § 20-141.3(d).

 

305 This is for a first suspension. For a second suspension, the term shall not exceed 6 months. For a subsequent suspension, the term shall 

not exceed 1 year. NC ST § 20-16(c). 306 A first offender may receive restricted driving privileges for health, education or family welfare purposes. However, for subsequent 

offenders, the suspension appears to be mandatory. NC ST § 20-16.1(b)(1).
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SUMMARY OF SPEED LAWS, 12TH EDITION

171

Willful Speed Competition – Not more than 1 year. 

NC ST § 20-141.3(e).

 Mandatory Minimum Term: Prearranged Speed Competition on a Highway – 18 months.

307

Willful Speed Competition – None. NC ST § 20-141.3(e).

Other: I. Driver Improvement Clinic. NC ST § 20-16(e).

II. Seizure and forfeiture of the vehicle used in a pre-arranged speed 

contest. NC ST § 20-141.3(g).

Reckless Driving:

308 Class 2 misdemeanor. NC ST § 20-140(a), (b), (d).

Sanctions:

 Imprisonment Term / Fine: 1-60 days, and/or not more than $1,000. NC ST § 15A-1340.23(b), 

(c)(2).

Mandatory Minimum Term / Fine: None

Licensing Action:

 Type (Suspension / Revocation): Suspension through a point system. NC ST § 20-16(a)(5), (c).

Suspension for 1 or more charges of reckless driving and 1 or more 

charges of speeding greater than 55 mph but less than 80 mph. 

NC ST § 20-16(a)(9).

Revocation for 2 reckless driving offenses within 12 months. 

NC ST § 20-17(a)(6).

Term of License Suspension / 

Revocation:

Suspension through a point system – Not more than 60 days.

NC ST § 20-16(c).

Revocation for 2 reckless driving offenses within 12 months – 12 

months. NC ST § 20-17(a)(6).

 Mandatory Minimum Term: Suspension through a point system – None. NC ST § 20-16(a)(5), (c). 

Note: Suspension action by the licensing agency appears to be 

discretionary.

Revocation for 2 reckless driving offenses within 12 months – 12 

months. NC ST § 20-17(a)(6).

Other: I. Required Suspension for Operating a Motor Vehicle: (1) greater 

than 15 mph over the speed limit and also driving greater than 55 mph; 

or (2) greater than 80 mph and reckless driving – 60 days. 

NC ST § 20-16.1(d). Note: This action appears to be mandatory. A 

longer license suspension is authorized if other provisions of law so 

provide. NC ST § 20-16.1(e).

II. Driver Improvement Clinic. NC ST § 20-16(e).

III. Commercial Motor Vehicle: A person who commits a violation 

 

307 A new license may be issued after 18 months if the licensing agency is satisfied that the offender “has been of good behavior.” The 

agency may place such conditions on the new license that it feels are appropriate for the remaining period of the revocation. NC ST §20-

141.3(d) 308 “Reckless driving” includes driving carelessly and heedlessly in willful or wanton disregard of the rights or safety of others, or driving 

without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property. 

NC ST § 20-140(a), (b). Reckless driving is a lesser included offense of aggressive driving. NC ST § 20-141.6(d).
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SUMMARY OF SPEED LAWS, 12TH EDITION

172

in a commercial motor vehicle for which points are assessed may be 

further assessed double the amount of any fine or penalty authorized by 

law. NC ST § 20-16.01.

IV. 4 points assessed to driving records (5 points if commercial motor 

vehicle). NC ST § 20-16(a)(5)(c).

Aggressive Driving:

309 Class 1 misdemeanor. NC ST § 20-141.6

Sanctions:

 Imprisonment Term / Fine: The amount of the fine is discretionary with the court; 

1-120 days. NC ST § 15A-1340.23(b), (c)(2).

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Suspension through a point system. NC ST § 20-16(a)(5), (c).

Suspension for 1 or more charges of aggressive driving and 1 or more 

charges of speeding greater than 55 mph but less than 80 mph. 

NC ST § 20-16(a)(9).

Revocation for 2 aggressive driving offenses within 12 months. 

NC ST § 20-17(a)(6).

Term of License Suspension / 

Revocation:

Suspension through a point system – Not more than 60 days.

NC ST § 20-16(c).

Revocation for 2 aggressive driving offenses within 12 months – 1 

year. NC ST § 20-17(a)(6); NC ST § 20-19(f).

Mandatory Minimum Term: Suspension through a point system – None. NC ST § 20-16(a)(5), (c). 

Note: Suspension action by the licensing agency appears to be 

discretionary.

Revocation for 2 aggressive driving offenses within 12 months – 12 

months. NC ST § 20-17(a)(6).).

 Other: I. Required Suspension for Operating a Motor Vehicle: (1) greater 

than 15 mph over the speed limit and also driving greater than 55 mph; 

or (2) greater than 80 mph and reckless driving – 60 days. 

NC ST § 20-16.1(d). 

Note: This action appears to be mandatory. A longer license 

suspension is authorized if other provisions of law so provide. NC ST § 

20-16.1(e).

II. Driver Improvement Clinic. NC ST § 20-16(e).

III. Commercial Motor Vehicle: A person who commits a violation 

in a commercial motor vehicle for which points are assessed may be 

further assessed double the amount of any fine or penalty authorized by 

 

309 A person who operates a motor vehicle on a street, highway, or public vehicular area is guilty of aggressive driving if the person: (1) 

violates the speed laws or speeds in a school zone; and (2) drives carelessly and heedlessly in willful or wanton disregard of the rights or 

safety of others. In order to prove a violation of driving careless and heedlessly in willful or wanton disregard, it must be shown that the 

person committed two or more of the following offenses while speeding: (a) running through a red light (NC ST § 20-158(b)(2), (3), (c)(2), 

(3)); (b) running through a stop sign (NC ST § 20-158(b)(1), (c)(1)); (c) illegal passing (NC ST § 20-149; NC ST § 20-150); (d) failing to 

yield right-of-way (NC ST § 20-155; NC ST §20-156; NC ST §20-158(b)(4), (c)(4); NC ST §20-158.1); (e) following too closely 

(NC ST §20-152).
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SUMMARY OF SPEED LAWS, 12TH EDITION

173

law. NC ST § 20-16.01.

IV. 5 points assessed to driving records (6 points if commercial motor 

vehicle). NC ST § 20-16(a)(5)(c).

Automated Speed Enforcement: Yes by S.P. The use of a “traffic control photograph system” (both 

speed and red light violations) is permitted, so long as appropriate 

advance warning signs are conspicuously posted (not more than 300 

feet from the location of the system). NC ST § 160A-300.1.

Limitations of Use of Speed 

Measurement Devices:

No. The use of speed-measuring instruments, which include radar 

time-distance, and LIDAR are approved for use in determining the 

speed of a vehicle. 12 NC ADC 9A.0103(29); NC ST § 17C-6(a)(13).

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a 

vehicle that person commits 2 “serious traffic violations”310 within a 3-

year period or 3 such violations within a 3-year period. 

NC ST § 20-17.4(d).

Period of Disqualification: Two serious violations (within 3 years) – 60 days; 

Three serious violations (within 3 years) – 120 days. 

NC ST § 20-17.4(d).

 

310 A “serious traffic violation” includes exceeding the speed limit by 15 or more mph or reckless driving. NC ST § 20-4.01(41a).
NORTH DAKOTA

SUMMARY OF SPEED LAWS, 12TH EDITION

174

JURISDICTION NORTH DAKOTA

Reference: North Dakota Century Code Annotated (NDCC)

Basis for a Speed Law Violation: 

Basic Speed Rule: I. No person may drive a vehicle at a speed greater than is reasonable 

and prudent under the existing conditions having regard to the actual 

and potential hazards then existing. 

II. Every person shall drive at a safe and appropriate speed when 

approaching and crossing an intersection or railroad grade crossing, 

when approaching and going around a curve, when approaching a hill 

crest, when traveling upon any narrow or winding roadway, and when 

special hazards exist with respect to pedestrians or other traffic or by 

reason of weather or highway conditions.311 NDCC § 39-09-01.

III. Any person driving a vehicle upon a highway shall drive the 

vehicle in a careful and prudent manner, having due regard to the 

traffic, surface, and width of the highway and other conditions then 

existing, and shall give such warnings as are reasonably necessary for 

safe operation under the circumstances. No person may drive any 

vehicle upon a highway in a manner to endanger the life, limb, or 

property of any person. NDCC§ 39-09-01.1.

Statutory Speed Limit: 75 mph on access-controlled, paved and divided, multilane interstate 

highways;

70 mph on paved and divided multilane highways;

65 mph on paved two-lane highways if posted for that speed;

55 mph on gravel, dirt or loose surface highways, and on two-lane 

county and township highways if there is no speed limit posted;

25 mph in a business or residential district or a public park;

20 mph in a school zone312 unless a lower speed limit has been 

posted. NDCC§ 39-09-02(1).

Posted (Maximum) Speed Limit: I. Based on engineering/traffic investigations, the State may increase 

or decrease the speed limits on the State highway system.

313

NDCC§ 39-09-04; NDCC § 39-09-07; NDCC § 39-09-07.1.

II. Based on engineering and traffic investigations, a local government 

may increase (but not greater than 55 mph) or decrease the above 

speed limits on the highways under its jurisdiction. 

NDCC§ 39-09-03.

Minimum Speed Limit: I. No person shall drive a motor vehicle at such a slow speed as to 

impede the normal and reasonable movement of traffic. 

NDCC§ 39-09-09(1).

II. A person driving at less than the normal speed of traffic shall drive 

in the right-hand lane then available for traffic or as close as 

 

311 A violation of this provision is considered “careless driving.” NDCC § 39-09-01. 312 This speed limit applies when the school is in recess and when children are going to and from school. NDCC § 39-09-02(1)(b). 313 This includes the establishment of different highway speed limits for different types of vehicles (certain types of trucks may be required 

to be driven at a slower speed than other types of motor vehicles), at different times of the day, for various weather conditions, or for other 

factors bearing on safe speeds. NDCC §39-09-04. 
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SUMMARY OF SPEED LAWS, 12TH EDITION

175

practicable to the right-hand curb or edge of the roadway. 

NDCC§ 39-10-08(2).

Posted (Minimum) Speed Limit: I. The State may designate a lower speed limit for certain areas of a 

highway (e.g., construction zones). NDCC§39-09-02.

II. Based on engineering and traffic investigations, the State or a local 

government may establish minimum speed limits for the highways 

under their jurisdictions. NDCC§ 39-09-09(2).

Other: I. The law establishes a speed limit of 20 mph in certain situations 

where a driver's view is obstructed. NDCC§ 39-09-02(1)(a), (c), (d).

II. Special speed limits may be established on a State highway. 

NDCC§ 39-09-02(2)

III. Based upon safety investigations, the State or a local government 

may establish safe maximum speed limits for bridges, causeways or 

viaducts. NDCC§ 39-09-04.1(2), (3).

IV. A person shall not operate a vehicle that is equipped with solid 

rubber tires greater than 10 mph. NDCC§ 39-09-04.1(1).

Low Speed Vehicles:

Permitted on Public Roads

(Yes/No):

Yes. On public roads with a speed limit of not more than 35 mph. 

NDCC § 39-29.1-07.

Maximum Speed Permitted: 25 mph. NDCC § 39-29.1-01

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Non-criminal offense / infraction NDCC§ 39-07-06; 

NDCC§ 39-06.1-02.

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: Violating Basic Speed Rule - $30. NDCC§ 39-06.1-06(4); 

NDCC§ 39-09-01.

Violating Posted/Maximum Speed Limits314 – See Fee Schedule.

Driving a Vehicle Equipped with Solid Rubber Tires Greater Than 10 

mph – $20. NDCC§ 39-06.1-06(2); NDCC§ 39-06.1-09.

Exceeding the Maximum Safe Posted Speed Limit on Bridges, 

Causeways or Viaducts – $20. NDCC§ 39-06.1-06(2); NDCC§ 39-

06.1-09.

 

314 I. General Fee Schedule: 1-5 mph over the speed limit = $5; 6-10 mph over the speed limit = $5 plus $1 for each mph over 5 mph; 11-

15 mph over the speed limit = $10 plus $1 for each mph over 10 mph; 16-20 mph over the speed limit = $15 plus $2 for each mph over 15 

mph; 21-25 mph over the speed limit = $25 plus $3 for each mph over 20 mph; 26-35 mph over the speed limit = $40 plus $3 for each mph 

over 25 mph; 36- 45 mph over the speed limit = $70 plus $3 for each mph over 35 mph; 46 mph or more over the speed limit = $100 plus 

$5 for each mph over 45 mph. NDCC §39-06.1-06(3). II. Fee Schedule for Exceeding the Speed Limit on a Highway with Posted 

Speed Limits Greater Than 55 mph: 1-10 mph over the speed limit = $2 for each mph over 5 mph over the limit; 11mph or more over 

the speed limit = $20 plus $5 for each mph over 10 mph over the limit. NDCC § 39-06.1-06(7). III. Fee Schedule for Exceeding the 

Speed Limit on a Highway with Posted Speed Limits Greater Than 65 mph: a feel of $5 for each mph over the limit. NDCC § 39-

06.1-06(11). IV. Fee Schedule for Violating a Specially Posted Speed Limit in a Construction Zone: These fees apply unless a 

greater fee is applicable under other provisions of the law: 1-10 mph over the speed limit = $80; and, 11 mph or more over the speed limit 

= $80 plus $2 for each mph over 10 mph. Note: This fee does not apply unless individuals engaged in construction are present at the time 

and place of the violation and posted speed limit signs State “Minimum Fee $80”. NDCC § 39-06.1-06(13). 
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176

Driving Too Slowly or Violating Minimum Posted Speed Limit– $20. 

NDCC§ 39-06.1-06(2); NDCC§ 39-06.1-09.

Infraction – Not more than $500. NDCC§ 12.1-32-01(7).

Mandatory Minimum Term / Fine: The fines listed above may be mandatory minimums

Other Penalties:

Traffic School: A person issued a summons for a basic speeding violation may appear 

before the court and elect an approved driver training course in lieu of 

entry of points on the record. This does not apply to persons who have 

made this election within the preceding 12 months. 

NDCC § 39-06.1-10.1.

 Other: Subsequent infraction. A person who has been convicted of a 

subsequent infraction offense within 1 year may be sentenced as 

though convicted of a Class B misdemeanor. NDCC§ 12.1-32-01(7). 

The sanctions for a Class B misdemeanor are an imprisonment term of 

not more than 30 days and/or a fine of not more than $1,000. 

NDCC§ 12.1-32-01(6).

Licensing Action:

Type (Suspension / Revocation): Suspension through a point system.315 NDCC§ 39-06.1-10.

Term of License Suspension / 

Revocation:

7 or more days. NDCC§ 39-06.1-10(2).

Mandatory Minimum Term: Suspensions through a point system appear to be mandatory.

Miscellaneous Sanctions Not 

Included Elsewhere:

N/A

Other Criminal Actions Related to 

Speeding:

Exhibition of Driving and Drag 

Racing on Highway:

316

Non-Criminal Offense NDCC§ 39-08-03.1; NDCC§ 39-07-06.

 

315 Point System: I. An offender who accumulates 12 points is subject to a 7-day license suspension. If he accumulates 13 or more points, 

the license is suspended for 7 days for each point over 11. NDCC § 39-06.1-10(2). II. The following points have been assigned for speedrelated violations: reckless driving = 8 points; aggravated reckless driving = 12 points; basic speed rule violation = 6 points; careless 

driving = 6 points; drag racing = 10 points; exhibition driving = 3 points; failure to use care = 2 points. NDCC § 39-06.1-10(3)(a); NDCC 

§ 39-06.1-10(3)(b).III. The following points have been assigned for exceeding the speed limit: 11-15 mph over the speed limit = 1 point; 

16-20 mph over the speed limit = 3 points; 21-25 mph over the speed limit = 5 points; 26-35 mph over the speed limit = 9 points; 36-45 

mph over the speed limit = 12 points; 46 mph or more over the speed limit = 15 points. NDCC § 39-06.1-10(3)(a)(30). IV. The following 

points have been assigned for exceeding the speed limit on highways with a speed limit greater than 65 mph: 6-10 mph over the speed 

limit = 1 point; 11-15 mph over the speed limit = 3 points; 16-20 mph over the speed limit = 5 points; 21-25 mph over the speed limit = 7 

points; 26-30 mph over the speed limit = 10 points; 31-35 mph over the speed limit = 12 points; 36 mph or more over the speed limit = 15 

points. NDCC § 39-06.1-10(3)(a)(33). Persons Under 18 Years Old: A person under 18 who has accumulated more than 5 points must 

have driving privileges canceled. Such a person is considered never to have had a license and, after any period of suspension or revocation, 

that person may apply for and be issued an instructional permit. Such individuals must complete a course of classroom and behind-thewheel instruction, an internet course and 30 hours of driving with a parent or guardian, or a course at an approved commercial driver 

training school. In addition, that person must satisfy all other requirements for licensing prior to being issued a driver’s license. NDCC § 

14-10-01; NDCC § 39-06-01.1. 316 I. “Drag racing” is defined as operating: (1) two or more vehicles from a point side by side by accelerating rapidly in a competitive 

attempt to outdistance the other; or (2) one or more vehicles over a common selected course from the same point to the same point for the 

purpose of comparing the relative speed or powers of acceleration of such vehicle of vehicles within a certain distance or time limit. 
NORTH DAKOTA

SUMMARY OF SPEED LAWS, 12TH EDITION

177

Sanctions:

Imprisonment Term / Fine: Drag Racing – $100. 

Exhibition Driving– $50. NDCC§ 39-08-03.1(1).

 Mandatory Minimum Term / Fine: The fines appear to be mandatory.

Licensing Action:

Type (Suspension / Revocation): Suspension through a point system. NDCC§ 39-06.1-10.

 Term of License Suspension / 

Revocation:

7 or more days. NDCC§ 39-06.1-10(2).

 Mandatory Minimum Term: Suspensions through a point system appear to be mandatory.

Other: 10 points assessed for drag racing;

3 points assessed for exhibition of driving. NDCC§ 39-06.1-10(3).

Reckless Driving: Class B misdemeanor NDCC§ 39-08-03.

Sanctions:

 Imprisonment Term / Fine: Not more than 30 days and/or not more than $1,000. 

NDCC§ 12.1-32-01(6).

Mandatory Minimum Term / Fine: None

Licensing Action:

 Type (Suspension / Revocation): Suspension through a point system. NDCC§ 39-06.1-10.

Term of License Suspension / 

Revocation:

7 or more days. NDCC§ 39-06.1-10(2).

 Mandatory Minimum Term: Suspensions through a point system appear to be mandatory.

Other: 8 points assessed against driving record. NDCC§ 39-06.1-10(3).

Aggravated Reckless Driving:

317 Class A misdemeanor NDCC§ 39-08-03.

Sanctions:

 Imprisonment Term / Fine: Not more than 1 year and/or not more than $2,000. 

NDCC§ 12.1-32-01(5).

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Suspension through a point system. NDCC§ 39-06.1-10. Revocation

if there was “serious bodily injury.”318 NDCC§ 39-06-31(2).

 

NDCC § 39-08-03.1(2)(a). II. “Exhibition driving” is defined as: (1) operating a vehicle in a manner which disturbs the peace by creating

or causing unnecessary engine noise, tire squeal, skid, or slide upon acceleration or braking; or (2) operating or executing or attempting one 

or a series of unnecessarily abrupt turns. NDCC § 39-08-03.1(2)(b). 317 “Aggravated reckless driving” is reckless driving which “inflicts injury upon the person of another.” NDCC § 39-08-03. 318 “Serious bodily injury” is defined as “bodily injury which creates a substantial risk of death or which causes serious permanent 

disfigurement, unconsciousness, extreme pain, or permanent loss or impairment of the function of any bodily member or organ, or a bone 

fracture.” NDCC § 12.1-01-04(29).
NORTH DAKOTA

SUMMARY OF SPEED LAWS, 12TH EDITION

178

Term of License Suspension / 

Revocation:

Suspensions through point system – 7 or more days. 

NDCC§ 39-06.1-10(2). Revocation – 1 year or for such period as 

recommended by the court. NDCC§ 39-06-31.

Mandatory Minimum Term: Both suspension and revocation appear to be mandatory.

 Other: 12 points assessed against driving record. NDCC§ 39-06.1-10(3).

Care in Operating Vehicle:

319 Non-Criminal Offense NDCC§ 39-06.1-06(5); NDCC§ 39-09-01.1.

Sanctions:

 Imprisonment Term / Fine: Not less than $10 or more than $30. NDCC§ 39-06.1-06(5).

 Mandatory Minimum Term / Fine: $10

Licensing Action:

Type (Suspension / Revocation): Suspension through a point system. NDCC§ 39-06.1-10.

Term of License Suspension / 

Revocation:

7 or more days. NDCC§ 39-06.1-10(2). 

Mandatory Minimum Term: The suspension term appears to be mandatory.

 Other: 2 points assessed against driving record. NDCC§ 39-06.1-10(3).

Automated Speed Enforcement: No statutory provision

Limitations of Use of Speed 

Measurement Devices:

No. The speed of any motor vehicle may be measured by the use of 

radio microwaves or other electrical devices. NDCC§ 39-03-15.

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a 

vehicle that person commits 2 “serious traffic violations”320 within a 3-

year period or 3 such violations within a 3-year period. 

NDCC§ 39-06.2-10(5).

Period of Disqualification: Two serious violations (within 3 years) – Not less than 60 days;

Three serious violations (within 3 years) – Not less than 120 days.

NDCC§ 39-06.2-10(5).

 

319 A person violates this provision if that person does not operate a vehicle “in a careful and prudent manner, having due regard to the 

traffic, surface, and width of the highway and other conditions then existing” or “drives any vehicle upon a highway in a manner to 

endanger the life, limb, or property of any person.” NDCC § 39-09-01.1. 320 A “serious traffic violation” includes exceeding the speed limit by 15 or more mph and reckless driving. NDCC §39-06.2-02(27).
OHIO

SUMMARY OF SPEED LAWS, 12TH EDITION

179

JURISDICTION OHIO

Reference: Ohio Revised Code Annotated

Ohio Administrative Code (OH ADC)

Basis for a Speed Law Violation: 

Basic Speed Rule: No person shall operate a motor vehicle, trackless trolley or streetcar at 

a speed greater or less than is reasonable or proper, having due regard 

to the traffic, surface, and width of the street or highway and any other 

conditions, and no person shall operate such vehicle at a greater speed 

than will permit the person to bring it to a stop within the assured clear 

distance ahead. OH ST § 4511.21(A).

Statutory Speed Limit: 65 mph on certain interstate and State freeways and rural highways;

55 mph for vehicles weighing more than 8,000 lbs., empty weight 

and noncommercial buses on interstate and State freeways;

55 mph on other freeways inside and outside of municipal 

corporations;

55 mph on highways outside of municipal corporations except for 

certain freeways;

50 mph (prima facie speed limit) on State routes within municipal 

corporations outside urban districts, controlled-access highways and 

expressways within municipal corporations;

35 mph (prima facie speed limit) on State routes and through 

highways;

321

25 mph (prima facie speed limit) on municipal corporation streets;

322

20 mph (prima facie speed limit) in school zones during recess or 

when children are going to or leaving school;

15 mph (prima facie speed limit) on alleys within a municipal 

corporation. OH ST § 4511.21(B).

Posted (Maximum) Speed Limit: Based on geometric and traffic characteristics studies, the State or 

local government323 may increase or decrease the above speed limits 

on any highway. The new posted speed limit on such highway is the 

prima facie safe speed for that highway. OH ST § 4511.21(H), (I). 

However, a local authority may not modify or alter the basic speed 

rule or authorize by ordinance a speed in excess of 55 mph. 

OH ST § 4511.21(J).

Minimum Speed Limit: I. No person shall operate a vehicle at such a slow speed as to impede 

or block the normal and reasonable movement of traffic. 

OH ST § 4511.22(A).

II. A person driving at less than the normal speed of traffic shall drive 

in the right-hand lane then available for traffic or as close as 

practicable to the right-hand curb or edge of the roadway. 

 

321 This speed limit applies within municipal corporations outside business districts but does not include controlled-access highways and 

expressways within municipal corporations or State routes within municipal corporations outside urban districts. OH ST § 4511.21(B)(3). 322 This does not include State routes outside business districts, through highways outside business districts, and alleys. OH ST § 

4511.21(B)(2).

323 Local governments must either request or obtain State approval for any speed limit changes on the streets or highways within their 

jurisdictions. OH ST § 4511.21(H), (J).
OHIO

SUMMARY OF SPEED LAWS, 12TH EDITION

180

OH ST § 4511.25(B)(1).

Posted (Minimum) Speed Limit: Based upon engineering and traffic investigations, the State or local 

government may establish a minimum speed limit on a highway. 

However, no minimum speed limit shall be under 30 mph or over 50 

mph. OH ST § 4511.22(B).

Other: I. Based upon an investigation, the State may establish safe maximum 

speed limits for bridges or other elevated structures. 

OH ST § 4511.23.

II. The owner of a private road or driveway located in a residential 

area containing 20 or more dwelling units may establish a legal posted 

speed limit on such road or driveway of not less than 25 mph. 

OH ST § 4511.211.

Low Speed Vehicles: N/A. However, on March 9, 2011, a bill (S.B. 114) was introduced to 

establish conditions and provide a definition for low speed vehicles, 

where low speed vehicle would be permitted on public roads with a 

speed limit of 35 mph or less. The maximum permitted speed of such 

vehicle would be 25 mph.

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Misdemeanor OH ST § 4511.21(P); OH ST § 4511.99.

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: First & second offenses (minor misdemeanor) – Not more than $150;

Third offense (within 1 year) (4th degree misdemeanor) – Not more 

than 30 days and/or not more than $250.

Subsequent offense (within 1 year) (3rd degree misdemeanor) – Not 

more than 60 days and/or not more than $500. 

OH ST § 2929.24; OH ST § 2929.28(A)(2); OH ST § 4511.21(P).

Speeding Resulting in Death Within a Construction Zone (vehicular 

homicide) = 1st degree misdemeanor–Not more than 180 days and/or 

not more than $1,000.

Speeding Resulting in Death (vehicular manslaughter) = 2nd degree 

misdemeanor–Not more than 90 days and/or not more than $750.

OH ST § 2903.06(A)(3), (A)(4).

Mandatory Minimum Term / Fine: None

Other Penalties:

Traffic School: A remedial driving course may be taken. OH ST § 4510.037.
OHIO

SUMMARY OF SPEED LAWS, 12TH EDITION

181

Licensing Action:

Type (Suspension / Revocation): Suspension through a point system.

324 OH ST § 4510.036; 

OH ST § 4510.037. 

Term of License Suspension / 

Revocation:

Suspension through the point system – 6 months.

325

OH ST § 4510.037(B).

Suspension (death resulting from speeding within a construction zone) 

– 1-5 years

Suspension (death resulting from speeding) – 3 months – 2 years.

OH ST § 2903.06(C), (D); OH ST § 4510.02

Mandatory Minimum Term: None. The offender may be placed on probation with conditions in 

lieu of suspension. OH ST § 4510.038.

Miscellaneous Sanctions Not 

Included Elsewhere:

I. First offense of driving: (1) faster than 35 mph in a business district 

of a municipal corporation; (2) faster than 55 mph on other portions; or 

(3) faster than 35 mph in a school zone during either recess or when 

children are going either to or leaving the school = 4th degree 

misdemeanor. OH ST § 4511.21(P)(2).

II. If the appropriate signs are posted in a construction zone that 

indicate that increased sanctions are in effect and the offense occurs 

during hours of actual work within the zone, the fines for an offense 

committed in such zone are double the usual amount.326

OH ST § 4511.21(P)(3); OH ST § 4511.98; OH ADC 5501:2-10-02.

Other Criminal Actions Related to 

Speeding:

Street Racing:

327 1st Degree Misdemeanor. OH ST §4511.251(C).

Sanctions:

Imprisonment Term / Fine: Not more than 180 days and/or not more than $1,000. 

 

324 Point System: I. A person who accumulates 12 or more points within a 2-year period = class D suspension (6 months). A person who 

has at least 2 points but less than 12 points within a 2-year period may enroll in a course of remedial driving instruction and receive a credit 

of 2 points. However, this does not apply to a person who has been ordered by the court to attend a remedial driving course. A 2-point 

credit shall only be permitted once in any 3-year period, and only 5 times during that person’s lifetime. OH ST § 4510.037(B), (C). Any 

remedial driving course must require its student to attend at least 50% of the course in person (as opposed to online or teleconference). OH 

ST § 4510.037(L). II. The following points have been assigned to speeding and speed-related offenses: vehicular homicide = 6 points; 

vehicular manslaughter = 6 points; street racing = 6 points; reckless driving = 4 points; exceeding speed limit by more than 30 mph = 4 

points; exceeding speed limit by more than 10 mph = 2 points; exceeding speed limit of less than 55 mph by more than 5 mph = 2 points; 

all other moving violations = 2 points. OH ST § 4510.036. 325 I. The following classes of suspension with time period are effective when a court orders suspension: Class 1 = life; Class 2 = 3 years to 

life; Class 3 = 2-10 years; Class 4 = 1-5 years; Class 5 = 6 months – 3 years; Class 6 = 3 months – 2 years; Class 7 = a definite period not to 

exceed 1 year; Class 8 = a definite period not to exceed 6 months. II. The following classes of suspension with time period are effective 

when the bureau of motor vehicles orders suspension: Class A = 3 years; Class B = 2 years; Class C = 1 year; Class D = 6 months; Class E 

= 3 months; Class F = until conditions are met. OH ST § 4510.02(A), (B). 326 If, however, the offender alleges in an affidavit filed with the court prior to sentencing, that the offender is indigent and is unable to pay 

the fine imposed, the court shall not impose a double fine if it find that the offender is an indigent person and unable to pay the fine. 

OH ST § 4511.21(P)(3). 327 “Street racing” is defined as “the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive 

attempt to out-distance each other or the operation of one or more vehicles over a common selected course, from the same point to the same 

point, wherein timing is made of the participating vehicles involving competitive accelerations or speeds, or any exhibition of speed or 

acceleration that is inconsistent with the normal operation of a vehicle on a public road, street or highway.” OH ST § 4511.251.
OHIO

SUMMARY OF SPEED LAWS, 12TH EDITION

182

OH ST § 2929.24(A)(1); OH ST § 2929.28(A)(2)(a)(i).

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Suspension through point system. OH ST § 4507.036; 

OH ST § 4507.037.

Suspension by court action. OH ST § 4511.251(C).

 Term of License Suspension / 

Revocation:

Suspension through point system – 6 months. OH ST § 4510.037.

Suspension by court action – Not less than 30 days or more than 3 

years.

 Mandatory Minimum Term: The base terms are mandatory. No judge shall suspend the first 30 

days. OH ST § 4511.251(C).

Other: I. A remedial driving course may be taken. OH ST § 4510.037.

II. 6 points against driving record. OH ST § 4510.036.

Reckless Driving:

328 Minor Misdemeanor. OH ST § 4511.20; OH ST § 4511.201.

Sanctions:

 Imprisonment Term / Fine: First offense – Not more than $150;

Second offense (within 1year) (4th degree misdemeanor) – Not more 

than 30 days and/or not more than $250;

Subsequent offense (within 1 year) (3rd degree misdemeanor) – Not 

more than 60 days and/or not more than $500. 

OH ST § 2929.28(A)(2); OH ST § 4511.20; OH ST § 4511.201.

Mandatory Minimum Term / Fine: None

Licensing Action:

 Type (Suspension / Revocation): Suspension through point system. OH ST § 4507.036; 

OH ST § 4507.037.

Term of License Suspension / 

Revocation:

Suspension through point system – 6 months. OH ST § 4510.037.

 Mandatory Minimum Term: None. The offender may be placed on probation with conditions in 

lieu of suspension. OH ST § 4510.038.

Other: I. A remedial driving course may be taken. OH ST § 4510.037.

II. 4 points against driving record. OH ST § 4510.036.

Operation Without Reasonable 

Control:

Minor Misdemeanor. OH ST § 4511.202.

Sanctions:

 Imprisonment Term / Fine: Not more than $150. OH ST § 2929.28(A)(2).

 Mandatory Minimum Term / Fine: None

 

328 This applies to reckless driving on both streets and highways (OH ST § 4511.20) and any other private or public property 

(OH ST § 4511.201).
OHIO

SUMMARY OF SPEED LAWS, 12TH EDITION

183

Licensing Action:

Type (Suspension / Revocation): Suspension through point system. OH ST § 4507.036; 

OH ST § 4507.037.

Term of License Suspension / 

Revocation:

Suspension through point system – 6 months. OH ST § 4510.037.

Mandatory Minimum Term: None. The offender may be placed on probation with conditions in

lieu of suspension. OH ST § 4510.038.

 Other: I. A remedial driving course may be taken. OH ST § 4510.037.

II. 2 points against driving record. OH ST § 4510.036.

Automated Speed Enforcement: Yes by S.P. A local authority may use a traffic law photo-monitoring 

device to enforce any traffic law only after it has erected signs giving 

notice. OH ST § 4511.094.

Limitations of Use of Speed 

Measurements Devices:

No. It appears the use of any speed measurement device is permitted. 

See e.g., OH ST § 4511.091.

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a 

vehicle that person commits 2 “serious traffic violations”329 within a 3-

year period or 3 such violations within a 3-year period. 

OH ST § 4506.16(D)(5), (6).

Period of Disqualification: Two serious violations (within 3 years) – 60 days; 

Three serious violations (within 3 years) – 120 days. 

OH ST § 4506.16(D)(5), (6).

 

329 A “serious traffic violation” includes exceeding the speed limit by 15 or more mph and reckless driving. OH ST § 4506.01(GG).
OKLAHOMA

SUMMARY OF SPEED LAWS, 12TH EDITION

184

JURISDICTION OKLAHOMA

Reference: Oklahoma Statutes Annotated 

Oklahoma Administrative Code (OK ADC)

Basis for a Speed Law Violation: 

Basic Speed Rule: I. A person shall drive a vehicle at a careful and prudent speed not 

greater than nor less than is reasonable and proper, having due regard 

to the traffic, surface and width of the highway and any other 

conditions then existing. No person shall drive any vehicle upon a 

highway at a speed greater than will permit the driver to bring it to a 

stop within the assured clear distance ahead.

II. The driver of every vehicle shall drive at an appropriate reduced 

speed when approaching and crossing an intersection or railway grade 

crossing, when approaching and going around a curve, when 

approaching a hillcrest, when driving upon any narrow or winding 

roadway, and when special hazard exists with respect to pedestrians or 

other traffic, or by reason of weather or highway conditions.

OK ST Title 47 §11-801(A), (E).

Statutory Speed Limit: 75 mph on the turnpike system and designated segments of the rural 

interstate system;

70 mph on four-lane highways or “super two-lane” highways;

330

65 mph on other highways;

55 mph on a county road and in the State Capitol Area;

35 mph in a State park or wildlife refuge;

25 mph in a school zone on any highway outside of a municipality

and in an established alternative speed limit, through State schools 

which are located on State owned land adjoining or outside the limits 

of a corporate city or town.

OK ST Title 47 § 11-801(B), (F).

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State 

Transportation Commission may increase or decrease331 the above 

speed limits.332 OK ST Title 47 § 11-802; 

OK ST Title 47 § 11-803(D).

II. The State Turnpike Authority has the authority to enforce traffic 

laws and general laws on the turnpikes. OK ST Title 47 § 11-1402.

III. Subject to certain limitations 333 and based on engineering and 

traffic investigations, local governments may increase or decrease the 

maximum speed limits. OK ST Title 47 §11-803(B).

IV. The State Transportation Commission and local governments 

have joint authority to alter speed limits within corporate limits on 

highways constructed with either State or Federal funds.334

 

330 A “super two-lane highway” means a two-lane highway “with designated passing lanes, and consisting of paved shoulders not less than 

eight (8) feet in width.” OK ST Title 47 § 11-801(B)(2)(b). 331 On interstate highways within corporate limits, the speed limit cannot be decreased to less than 60 mph. OK ST Title 47 § 11-803(D). 332 Under separate provisions of law, the State Transportation Commission may establish maximum speeds for controlled access highways. 

OK ST Title 47 § 11-801(C). 333 The speed limit inside an urban district can be increased to no more than 65 mph. The speed limit outside an urban district can be 

decreased to not less than 30 mph. OK ST Title 47 § 11-803(A)(2), (3).
OKLAHOMA

SUMMARY OF SPEED LAWS, 12TH EDITION

185

OK ST Title 47 §11-803(D)

V. The Department of Transportation, based on engineering and 

traffic investigations, may establish school zone speed limits greater 

than 25 mph at specific locations. OK ST Title 47 § 11-801(B)(5).

Minimum Speed Limit: I. No person shall drive a motor vehicle at such a slow speed as to 

impede the normal and reasonable movement of traffic. 

OK ST Title 47 §11-804(a).

II. A person driving at less than the normal speed of traffic shall drive 

in the right-hand lane then available for traffic or as close as 

practicable to the right-hand curb or edge of the roadway. 

OK ST Title 47 §11-301(B).

Posted (Minimum) Speed Limit: I. The State Transportation Commission may establish minimum 

speeds for controlled access highways. OK ST Title 47 §11-801(C).

II. Based on engineering and traffic investigations, the State 

Transportation Commission or local governments may, on highways 

under their respective jurisdictions, establish minimum speed limits on 

a highway. OK ST Title 47 §11-804(b).

Other: I. No person shall drive a school bus greater than 65 mph on multilane 

divided highways, turnpikes and the interstate highway system, and 

less than 55 mph on paved two-lane highways. 

OK ST Title 47 §11-801(B)(4).

II. Based on an investigation, either the State or a local government 

may establish a safe maximum speed limit for a bridge or other 

elevated structure. OK ST Title 47 §11-806(A), (B).

III. The State may post special speed limits on State or Federal 

highways under construction or repair. OK ST Title 47 §11-806(c).

IV. A person shall drive a vehicle equipped with either solid rubber or 

metal tires 10 mph. OK ST Title 47 §11-801(B)(8).

Low Speed Vehicles:

Permitted on Public Roads

(Yes/No):

Yes. On public roads with a speed limit of not greater than 35 mph. 

OK ST Title 47 § 11-805.1.

Maximum Speed Permitted: 25 mph. OK ST Title 47 § 1-134.1.

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Misdemeanor. OK ST Title 47§ 11-102; OK ST Title 47 § 11-807(C); 

OK ST Title 47 § 11-1401(L); OK ST Title 47 § 17-101(A).

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: I. Statutory Speed Law Violations. (OK ST Title 47 § 11-801(B), 

 

334 However, a local government cannot establish a speed limit that is lower than 60 mph, or to a limit that is “substantially 

lower than those justified by the highway design, capacity, and traffic volume as determined by engineering studies.” OK ST 

Title 47 § 11-803(D).
OKLAHOMA

SUMMARY OF SPEED LAWS, 12TH EDITION

186

(F)) – a fine of not less than $10 or more than $205,

335 and/or for:

First offense – not more than 10 days; 

Second offense (within 1 year) – not more than 20 days;

Third or subsequent offense (within 1 year of the 1st conviction) – not 

more than 6 months. OK ST Title 47 § 11-801(G).

II. Speed Law Violations. (OK ST Title 47§ 11-301; 

OK ST Title 47 § 11-801, et. seq.; OK ST Title 47 § 11-1402) :

Not less than $5 or more than $500 and/or for:

First offense – not more than 10 days;

Second offense (within 1 year) – not more than 20 days;

Third or subsequent offense (within 1 year of 1st conviction) – not 

more than 6 months. OK ST Title 47§ 11-807(C); 

OK ST Title 47 § 17-101(B)(1).

Mandatory Minimum Term / Fine: The fines above are mandatory minimums.

Other Penalties:

Traffic School: Driver Improvement or Defensive Driving Course. 

OK ST Title 47 § 6-206.1; OK ADC 595:10-7-10. Note: An offender 

can reduce the number points on the driving record by taking this 

course.

Other: I. Anyone who drives at a speed in excess of the posted reduced speed 

limit sign in toll booth shall be fined doubled the amount. 

OK ST Title 47 § 11-806.2.

II. Anyone who drives at a speed in excess of the reduce speed limit in 

a school zone shall be fined doubled the amount. 

OK ST Title 47 § 11-806.1.

III. Any person who violates any erected construction/work zone sign 

shall be fined not less than $100 or more than $1,000 and/or subject to 

a jail sentence of not more than 30 days. 

OK ST Title 47 § 11-1302(G).

Type (Suspension / Revocation): Suspension.

336 OK ST Title 47 § 6-206(B).

 

335 The following fines apply: 1-10 mph over the speed limit = $10; 11-15 mph over the limit = $20; 16-20 mph over the limit 

= $35; 21-25 mph over the limit = $75; 26-30 mph over the limit = $135; 31-35 mph over the limit = $155; 36 mph or more over the 

limit = $205. OK ST Title 47 § 11-801(G). 336 Point System: The licensing agency usually takes suspension action based upon a point system. I. Under this system, an offender's 

license is suspended when he accumulates 10 or more points. Suspension periods are determined by the number of prior suspensions as 

follows: first suspension = 1 month; second suspension = 3 months; third suspension = 6 months (not subject to modification); fourth or 

subsequent suspension = 12 months (not subject to modification). OK ADC 595:10-7-6. II. The following points have been assigned to 

speeding and speed-related violations: reckless driving = 4 points; speeding greater than 25 mph over the speed limit = 3 points; 

inattentive driving resulting in collision = 2 points; careless driving (Note: This is not listed as an offense under State statutory law.) = 2 

points; speeding = 2 points; contest racing on the highway (Note: This is not listed as an offense under State statutory law) = 2 points; 

speeding in excess of the posted maximum speed limit = 2 points; driving less than the minimum posted speed limit = 2 points; speeding 

in a school zone = 2 points; radar checked speed violation = 2 points; airplane checked speed violation = 2 points; Vascar = 2 points; 

negligent driving (Note: This is not listed as an offense under State statutory law.) = 1 point; operating a motor vehicle at a speed greater 

than or less than is reasonable or proper = 1 point; impeding traffic and driving less than 40 mph = 1 point. OK ADC 595:10-7-2. III. 

Credit points shall be allowed in the following instances: (1) 2 points shall be credited upon successful completion of an approved Driver 

Improvement/Defensive Driving Course. This credit shall be given once every 24 months , provided only one full course shall be 

acknowledged once every 24 months; (2) 2 points shall be credited when the person has gone 12 consecutive months without any pointrelated traffic conviction (includes speeding); (3) upon reinstatement of driving privilege after a point-based suspension, the point level 
OKLAHOMA

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Term of License Suspension / 

Revocation:

Not more than 1 year. OK ST Title 47 §6-208

Mandatory Minimum Term: Third and subsequent suspensions are not subject to modification of 

the suspension period or terms.

Miscellaneous Sanctions Not 

Included Elsewhere:

I. A $25 reinstatement fee shall be paid when after the expiration of a 

license suspension or revocation period. OK ST Title 47 § 6-212(C).

II. A $20 court fee upon conviction. OK ST Title 20 § 1313.5(B).

Other Criminal Actions Related to 

Speeding:

Reckless Driving: Misdemeanor. OK ST Title 47§ 11-102; 

OK ST Title 47 § 11-901(A); OK ST Title 47§ 17-101(A).

Sanctions:

Imprisonment Term / Fine: First offense - Not less than 5 days or more than 90 days and/or not 

less than $100 or more than $500; 

Second or subsequent offense– Not less than 10 days or more than 6 

months and/or not less than $150 or more than $1,000. 

OK ST Title 49 § 11-901(B).

 Mandatory Minimum Term / Fine: The base terms above are mandatory minimums.

Licensing Action:

Type (Suspension / Revocation): Suspension. OK ST Title 47 § 6-206(B).

Term of License Suspension / 

Revocation:

Not more than 1 year. OK ST Title 47 §6-208.

 Mandatory Minimum Term: Third and subsequent suspensions are not subject to modification of 

the suspension period or terms.

Other: I. A $25 reinstatement fee shall be paid when after the expiration of a 

license suspension or revocation period. OK ST Title 47 § 6-212.

II. Driver Improvement or Defensive Driving Course. 

OK ST Title 47 § 6-206.1; OK ADC 595:10-7-10. 

III. 4 points assessed against driving record. OK ADC 595:10-7-2.

IV. A court fee of $155. OK ST Title 20 § 1313.6.

Endangerment of Highway 

Worker:

337

Misdemeanor. OK ST Title 47§ 11-102; OK ST Title 47 § 11-1303; 

OK ST Title 47 § 17-101(A).

Sanctions:

 

shall be reduced to 5 points or less; and (4) the point level shall be reduced to zero if a person is not convicted of any pointable traffic 

violation for 3 consecutive years, however the point base cannot be reduce to below zero. OK ADC 595:10-7-10. 337 A person shall be guilty of the offense of endangerment of a highway worker if the person commits any of the following when the act 

occurs within a maintenance or construction zone: (1) exceeding the posted speed limit by fifteen (15) mph or more; (2) failing to merge; 

(3) failing to stop for a work-zone flagman or failing to obey traffic-control devices that have been erected for purposes of warning or 

guiding the public into and through the construction or maintenance area; (4) driving through or around a construction or maintenance area 

by any lane not clearly designated to motorists for the flow of traffic through or around the construction or maintenance area; or (5) 

intentionally striking, moving or altering barrels, barriers, signs, or other devices erected to control the flow of traffic to protect highway 

workers and motorists in the construction or maintenance area for a reason other than avoidance of an obstacle, an emergency, or to protect 

the health and safety of an occupant of the motor vehicle or of another person. OK ST Title 47 § 11-1303(A).
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 Imprisonment Term / Fine: No Injury/Death – In addition to the penalties listed in OK ST Title 

47 § 11-1302(G); OK ST Title 47 § 17-101(B) (see Speed Law 

Violations above), a fine of not more than $1,000. 

Aggravated Endangerment (injury) – In addition to the penalties 

listed in OK ST Title 47 § 11-1302(G); OK ST Title 47 § 17-101(B)

(see Speed Law Violations above), a fine of not more than $5,000.

Aggravated Endangerment (death) – In addition to the penalties 

listed in OK ST Title 47§ 11-1302(G); OK ST Title 47 § 17-101(B)

(see Speed Law Violations above), a fine of not more than $10,000.

OK ST Title 47 § 11-1303.

Mandatory Minimum Term / Fine: $5. OK ST Title 47 § 17-101(B).

Licensing Action:

 Type (Suspension / Revocation): Suspension. OK ST Title 47 § 6-206(B).

Term of License Suspension / 

Revocation:

Not more than 1 year. OK ST Title 47 §6-208

 Mandatory Minimum Term: Third and subsequent suspensions are not subject to modification of 

the suspension period or terms.

Other: I. A $25 reinstatement fee shall be paid when after the expiration of a 

license suspension or revocation period. OK ST Title 47 § 6-212.

II. Driver Improvement or Defensive Driving Course. 

OK ST Title 47 § 6-206.1; OK ADC 595:10-7-10. 

III. A court fee of $20. OK ST Title 47 § 20-1313.5.

Automated Speed Enforcement: No statutory provision

Limitations of Use of Speed 

Measurement Devices:

No. It appears the use of speed measurement devices is permitted. 

Additionally, the use of radar detectors and jammers is prohibited. 

Points are assessed when there are radar checked speed violations and 

VASCAR speed violations. OK ST Title 47 § 16-114; OK ST Title 47 

§ 11-808; OK ST Title 47 § 11-808.1; OK ADC 595:10-7-2

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a

vehicle that person commits 2 “serious traffic violations”338 within a 3-

year period or 3 such violations within a 3-year period. 

OK ST Title 47 § 6-205.2(F).

Period of Disqualification: Two serious violations (within 3 years) – 60 days; 

Three serious violations (within 3 years) – 120 days. 

OK ST Title 47 § 6-205.2(F).

 

338 A “serious traffic violation” includes exceeding the speed limit by 15 or more mph and reckless driving. OK ST Title 47 § 6-

205.2(F)(1), (2).
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JURISDICTION OREGON

Reference: Oregon Revised Statutes 

Oregon Administrative Rules (OAR)

Basis for a Speed Law Violation: 

Basic Speed Rule: A person commits an offense if driving a vehicle at a speed greater 

than is reasonable and prudent, having due regard to all of the 

following: the traffic; the surface and width of the highway; the hazard 

at intersections; weather; visibility; and other conditions then existing. 

OR ST § 811.100(1).

Statutory Speed Limit:339 It is prima facie evidence of a violation of the basic speed rule to 

exceed the following speed limits 

(OR ST § 811.100(2)):

65 mph on rural interstate highways; 

55 mph on other highways; 

25 mph in a public park; in a residential district if it is not located 

within a city and the highway is neither an arterial nor a collector 

highway; and on the ocean shore;

20 mph in a school zone,

340 and in a business district;

15 mph in an alley or narrow residential roadway. 

OR ST § 811.105(2); OR ST § 811.111(1).

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the Department of 

Transportation may increase or decrease the above prima facie speed 

limits on highways outside an urban area. OR ST § 810.180(5).

341

II. The Department of Transportation may not establish a designated 

speed of more than 70 mph on specified sections of interstate 

highways.342 OR ST § 810.180(3)(a).

III. The Department of Transportation may establish a designated 

speed on a State highway outside of a city, which may not exceed 55 

mph, if there is no limit established. OR ST § 810.180(4)(a).

IV. A local authority may establish by ordinance or order a temporary 

designated speed for highways in its jurisdiction that is lower than the 

statutory speed, only if the temporary speed is necessary to protect 

 

339 It appears there are two different types of speed references: “designated speed” and “statutory speed.” “Designated speed” means the 

speed that is designated by a road authority as the maximum permissible speed for a highway and that may be different from the statutory 

speed for the highway. “Statutory speed” means the speed that is established as a speed limit under OR ST § 811.111, or is established as 

the speed the exceeding of which is prima facie evidence of violation of the basic speed rule under OR ST § 811.105. 

OR ST § 810.180(1), (2). 340 This speed limit only applies when “children are present” or a flashing light indicates that children may be arriving or leaving a school. 

OR ST § 811.106; OR ST § 811.111(1)(e). “[C]hildren are present at any time and on any day when children walking within a crosswalk 

or waiting on the curb or shoulder of the highway at a crosswalk.” OR ST § 811.124.

341 Under other provisions, the Department of Transportation may designate a safe speed on the highways by regulation. This authority 

may be delegated to local governments for low volume highways or roads which are not hard surfaced. OR ST § 810.180(5)(f). 342 This applies to motor vehicles other than: (1) motor trucks with a gross vehicle weight of more than 10,000 lbs., or a truck tractor with 

gross vehicle weight of more than 8,000 lbs.; (2) a school bus; (3) a school activity vehicle; (4) a worker transport bus; (5) a bus operated 

for transporting children to and from church or a church activity or function; (6) any vehicle used for the transportation of persons for hire 

by a nonprofit entity. OR ST § 810.180(3); OR ST § 811.111(1)(b). Additionally, the designated speeds for these types of vehicles must 

be at least 5 miles per hour lower than the designated speed for all other vehicles on the specified section of the interstate. 

OR ST § 810.180(3)(b).
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any portion of the highway or safety of workers in construction zones. 

A sign giving notice of the temporary speed must be posted. 

OR ST § 810.180(8).

V. A local authority may establish an emergency speed on any 

highway under its jurisdiction that is different from the existing speed 

on the highway, so long posted sign give notice. An emergency speed 

may be effective for not more than 120 days. OR ST § 810.180(9).

Minimum Speed Limit: I. No person shall impede the normal and reasonable movement of 

traffic. OR ST § 811.130(1).

II. A person driving at less than the normal speed of traffic shall drive 

in the right-hand lane available for traffic or as close as practicable to 

the right-hand curb or edge of the roadway. OR ST § 811.315(1).

III. Under certain conditions, a road authority may establish by 

ordinance a designated speed for a highway under its jurisdiction that 

is 5 mph lower than the statutory speed. OR ST § 810.180(10).

Posted (Minimum) Speed Limit: N/A

Low Speed Vehicles:

Permitted on Public Roads

(Yes/No):

Yes. On public roads with speed limit of not more than 35 mph. 

OR ST § 811.512.

Maximum Speed Permitted: 25 mph. OR ST § 801.331.

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Traffic violations. OR ST § 801.557;OR ST § 811.100.

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: Class A- D traffic violations343 – Varying fines from not less than 

$250to not more than $2,000. 

OR ST § 153.018(2); OR ST § 811.100(4); OR ST § 811.109; 

OR ST § 811.130.

Mandatory Minimum Term / Fine: It appears the only mandatory minimum fine is $1,150 imposed when 

convicted of driving 100 mph or greater. This is a presumptive fine.

OR ST §811.109.

Other Penalties:

Traffic School: A defensive driving course may be required. OR ST § 809.270(1).

 Other: School and Work Zones: The minimum fine for a person convicted 

of a misdemeanor is 20 percent of the new maximum fine, and 2 

 

343 I. Basic speed rule violation (Class B traffic violation) = maximum $1,000; 1-10 mph over speed limit (Class D traffic violation) = 

maximum $250; 11-20 mph over limit (Class C traffic violation) = maximum $500; 21-30 mph over limit (Class B traffic violation) = 

maximum $1,000; over 30 mph over limit (Class A traffic violation) = maximum $2,000. OR ST § 153.018(2); OR ST § 811.109. 

II. For exceeding the maximum or posted speed limit on highways with a speed limit of 65 mph or greater: 10 mph or less over the limit 

(Class C traffic violation) = maximum $500; 11-20 mph over the limit (Class B traffic violation) = maximum $1,000. III. Driving 100 

mph or greater = fine of $1,150. OR ST § 811.109. 
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percent of the new maximum fine if the person is convicted of a 

felony. OR ST § 811.230; OR ST § 811.235.

Licensing Action:

Type (Suspension / Revocation): Suspension through the Driver Improvement Program.344

OR ST § 809.480.

Term of License Suspension / 

Revocation:

30 days. OAR 735-072-0027.

Mandatory Minimum Term: The 30-day suspension period appears to be mandatory.

Miscellaneous Sanctions Not 

Included Elsewhere:

Reinstatement fee if license is suspended/revoked: $75. 

OR ST § 807.370. Community Service of not more than 48 hours. 

OR ST § 137.128;OR ST § 137.129(1).

Other Criminal Actions Related to 

Speeding:

Speed Racing on Highway: Class A Traffic Violation. OR ST § 801.557; 

OR ST § 811.125(1), (2).

Sanctions:

Imprisonment Term / Fine: Not more than $2,000. OR ST § 153.018(2)

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Suspension through the Driver Improvement Program.

OR ST § 809.480. 

 Term of License Suspension / 

Revocation:

30 days. OAR 735-072-0027.

 Mandatory Minimum Term: The 30-day suspension period appears to be mandatory.

Other: I. Reinstatement fee if license is suspended/revoked: $75. 

OR ST § 807.370.

II. A court may impose a suspension of driving privileges for up to 30 

days if a person exceeds a speed limit by more than 30 miles per hour 

and the person has received at least one prior speeding conviction 

 

344 Driver Improvement Program: I. A driver whose record review date is on or after the person has reached 18 years of age is subject to 

the Adult Driver Improvement Program. DMV will look back from the record review date to the incident date that resulted in a conviction 

or the date of a preventable accident to determine if a person is subject to the Adult Driver Improvement Program. II. DMV will restrict

the license or instruction permit of an adult driver who within the 18-month period immediately prior to the record review date has: (a) 

Three driver improvement violations; (b) Three preventable accidents; or (c) A combination of driver improvement violations and 

preventable accidents that total three. Such restriction includes no driving between midnight - 5 a.m. (unless driving between home & 

work for purposes of employment), and is imposed for 30 days (notification letter sent which must be carried at all times the person is 

driving the motor vehicle). The imposition of this restriction shall be delayed for any adult: (1) whose driving privileges are cancelled, 

suspended or revoked until such are granted by the DMV or fully reinstated; or (2) who has not been granted driving privileges. If the adult 

driver gets another violation that would total 4 in a 24-month period prior to the record review date, the DMV shall suspend driving 

privileges or the right to apply for driving privileges. This will supersede the pending restriction (if any). III. No pending restriction will 

be imposed if: (1) 5 years have elapsed from the date the pending restriction was imposed; and (2) the driver has no record of a violation in 

the last 18 months prior to the granting of driving privileges or full reinstatement of driving privileges. IV. Driving privileges are 

suspended if a driver has 4 violations within a 24-month period immediately prior to the record review date, for 30 days. 

OAR 735-072-0027.
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SUMMARY OF SPEED LAWS, 12TH EDITION

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within 12 months of the date of the current offense. 

OR ST § 811.109(4).

III. If a person drives 100 miles per hour or greater, a court shall 

impose the following: a fine of $1,150and a suspension of driving 

privileges for not less than 30 days nor more than 90 days. 

OR ST § 811.109(5).

IV. Community Service of not more than 48 hours in lieu of a fine. 

OR ST § 137.128; OR ST § 137.129.

VII. A defensive driving course may be required. OR ST § 809.270(1).

Reckless Driving:

345 Class A misdemeanor. OR ST § 811.140(1), (3).

Sanctions:

 Imprisonment Term / Fine: A maximum of 1 year and/or a fine of not more than $6,250. 

OR ST § 161.615; OR ST § 161.635; OR ST § 811.140(3).

Mandatory Minimum Term / Fine: None

Licensing Action:

 Type (Suspension / Revocation): Suspension. OR ST § 809.411(3).

Term of License Suspension / 

Revocation:

First offense – 90 days;

Second offense (within 5 years) – 1 year;

Third or subsequent offense (within 5 years) – 3 years. OR ST § 

809.411(1)(c); OR ST § 809.428(1).

 Mandatory Minimum Term: The terms above are mandatory.

Other: I. Community Service of not more than 160 hours in lieu of jail time 

or a fine. OR ST § 137.128; OR ST § 137.129.

II. Reinstatement fee if license is suspended/revoked: $75. 

OR ST § 807.370.

III. An offender may be required to complete a defensive driving 

course. OR ST § 809.270(1).

IV. Incarceration and Medical Costs: A city or county may seek 

reimbursement from an offender for the costs of medical care and 

incarceration. OR ST § 169.150; OR ST § 169.151.

V. School and Work Zones: The minimum fine for a person 

convicted of a misdemeanor is 20 percent of the new maximum fine, 

and 2 percent of the new maximum fine if the person is convicted of a 

felony. OR ST § 811.230; OR ST § 811.235.

VI. A defensive driving course may be required. OR ST § 809.270(1).

Careless Driving:

346 Class B Traffic Violation. 

Class A Traffic Violation (if it contributes to an accident).

OR ST § 801.557; OR ST § 811.135.

 

345 The same sanctions, criminal and administrative, for “reckless driving” also apply to the offense of “reckless endangerment of highway 

workers.” This offense consists of driving a motor vehicle in a “work zone in such a manner as to endanger persons or property.” OR ST § 

811.231.

346 A person commits this offense if that person operates a vehicle “in a manner that endangers or would be likely to endanger any person 

or property.” OR ST § 811.135(1).
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Sanctions:

 Imprisonment Term / Fine:347 Not more than $1,000. 

Not more than $2,000 (if accident). OR ST § 153.018(2).

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Suspension through the Driver Improvement Program.

OR ST § 809.480. 

Term of License Suspension / 

Revocation:

30 days. OAR 735-072-0027.

Mandatory Minimum Term: The 30-day suspension period appears to be mandatory.

 Other: I. Community Service of not more than 48 hours in lieu of jail time 

or a fine. OR ST § 137.128; OR ST § 137.129.

II. Reinstatement fee if license is suspended/revoked: $75. 

OR ST § 807.370.

III. An offender may be required to complete a defensive driving 

course. OR ST § 809.270(1).

IV. Incarceration and Medical Costs: A city or county may seek 

reimbursement from an offender for the costs of medical care and 

incarceration. OR ST § 169.150; OR ST § 169.151.

V. School and Work Zones: The minimum fine for a person 

convicted of a misdemeanor is 20 percent of the new maximum fine, 

and 2 percent of the new maximum fine if the person is convicted of a 

felony. OR ST § 811.230; OR ST § 811.235.

VI. A defensive driving course may be required. OR ST § 809.270(1).

Automated Speed Enforcement: Yes by S.P.: Speed cameras are permitted. OR ST § 810.434.

Limitations of Use of Speed 

Measurement Devices:

No. It appears that, at a minimum, radar, lidar and laser devices are 

permitted. See e.g., State v. Mills, 274 P.3d 230 (Or.App. 2012); State 

v. Jaffe, 258 P.3d 1293 (Or.App. 2011); 

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person's CDL is suspended, if while driving a CMV, that person 

commits 2 “serious traffic violations”348 within a 3-year period or 3 

such violations within a 3-year period. OR ST § 809.413(6)(a), (b).

Period of Disqualification: Two serious violations (within 3 years) – 60 days; 

Three serious violations (within 3 years) – 120 days. 

OR ST § 809.413(6)(a), (b).

 

347 In addition to any other penalty imposed for an offense committed under this section, if the court determines that the commission of the 

offense described in this section contributed to the serious physical injury or death of a vulnerable user of a public way, the court shall: (1) 

impose a sentence that requires the person to complete a traffic safety course and perform between 100-200 hours of community service 

(which includes activities related to driver improvement and providing public education on traffic safety); (2) impose a fine of up to 

$12,500 and suspend driving privileges for 1 year (such fine and suspension of driving privileges shall be suspended upon successful 

completion of the traffic safety course and community service); and (3) set a hearing date up to one year from the sentencing date for 

review. OR ST § 811.135(3). 348 A “serious traffic violation” includes exceeding the speed limit by 15 or more mph and reckless driving. OR ST § 801.477(2).
OREGON

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JURISDICTION PENNSYLVANIA

Reference: Pennsylvania Statutes Annotated

Basis for a Speed Law Violation: 

Basic Speed Rule: I. No person shall drive a vehicle at a speed greater than is reasonable 

and prudent under the conditions and having regard to the actual and 

potential hazards then existing. 

II. Every person shall drive at a safe and appropriate speed when 

approaching and crossing an intersection or railroad grade crossing, 

when approaching and going around curve, when approaching a hill 

crest, when traveling upon any narrow or winding roadway and when 

special hazards exist with respect to pedestrians or other traffic or by

reason of weather or highway conditions. 75 Pa.C.S.A. § 3361.

Statutory Speed Limit: 65 mph on certain interstate highways and freeways;

349

55 mph on other highways;

35 mph in urban districts; 

25 mph in residential districts;350

15 mph in a school zone.

75 Pa.C.S.A. § 3362(a); 75 Pa.C.S.A. § 3365(b).

Posted (Maximum) Speed Limit: Based on engineering and traffic investigations, the State or a local 

government may increase or decrease the above speed limits on the 

highways under their jurisdictions.351 Such speed limits “may vary 

for different weather conditions and other factors bearing on safe 

speeds.” 75 Pa.C.S.A. § 3363. 

Minimum Speed Limit: I. No person shall drive a motor vehicle at such a slow speed as to 

impede the normal and reasonable movement of traffic, and, if so 

driving on a 2-lane road, must pull off the road onto the berm or 

shoulder to let other traffic pass. 75 Pa.C.S.A. § 3364(a), (b)(1).

II. A person driving at less than the normal speed of traffic shall drive 

in the right-hand lane then available for traffic or as close as 

practicable to the right-hand curb or edge of the roadway.

352

75 Pa.C.S.A. §3301(b)(1).

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State or a local 

government may establish minimum speed limits on the highways 

under their jurisdictions. 75 Pa.C.S.A. § 3364(c). 

 

349 Likewise, the maximum speed limit on the Pennsylvania Turnpike is 55 mph unless a maximum speed limit of 65 mph has been posted. 

75 Pa.C.S.A. § 6110(a). 350 This speed limit applies if the highway is not a numbered route and is functionally classified by the department as a local highway. 

75 Pa.C.S.A. § 3362(a)(1.2).

351 However, a maximum speed limit so established cannot exceed the statutory 65 mph speed limit for certain interstate highways and 

freeways or 55 mph for other highways. 75 Pa.C.S.A. § 3363.

352 On limited access highways where at least two lanes of traffic are moving in the same direction, all vehicles shall remain in the right 

hand lane except when passing or overtaking another vehicle, traveling at a speed greater than the traffic flow, moving to the left to merge, 

or preparing to make a left turn. 75 Pa.C.S.A. § 3313(d)(1).
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SUMMARY OF SPEED LAWS, 12TH EDITION

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Other: I. Based on engineering and traffic investigations, the State or a local 

government may establish maximum safe speed limits for bridges and 

elevated structures under their jurisdictions. 75 Pa.C.S.A. § 3365(a).

II. Based on engineering and traffic investigations, the State or a local 

government may establish a maximum safe speed for certain heavy 

vehicles when traveling upon certain hazardous grades. 

75 Pa.C.S.A. § 3365(c).

Low Speed Vehicles: N/A

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Summary Offense. 75 Pa.C.S.A. § 3362(c); 75 Pa.C.S.A. § 3365(d); 

75 Pa.C.S.A. § 6502(a).

Sanctions Following an Adjudication

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: Except for the Offenses Indicated Below - $25.

353

75 Pa.C.S.A. § 6502(a).

Exceeding the Maximum or Posted Maximum Speed Limit:

I. $42.50 for exceeding 65 mph;

II. $35 for other speeding violations. 

Plus $2 for each mile in excess of 5 mph over the maximum speed 

limit. 75 Pa.C.S.A. § 3362.

Exceeding the Maximum Speed Limit for Bridges, School Zones and 

Hazardous Grades- $35, plus $2 for each mile in excess of 5 mph over 

the maximum speed limit. If the violation is in a school zone, the 

person shall be fined not more than $500 if he/she exceeds the 

maximum speed limit by more than 11 mph. 75 Pa.C.S.A. § 3365(d).

Mandatory Minimum Term / Fine: It appears the fines listed are mandatory.

Other Penalties:

Traffic School: For either a first or second accumulation of 6 points on the driving 

record, an offender shall either be required to attend Driver 

Improvement School or undergo a driver license examination. 

75 Pa.C.S.A. § 1538(a); 75 Pa.C.S.A. § 1549(a).

 Other: Surcharges: For exceeding the maximum or posted maximum speed 

limit and other speed violations, an offender is assessed mandatory 

surcharges of $30 (6-15 mph over the speed limit); $40 (16-25 mph 

over the speed limit); $50(at least 26 mph over the speed limit).

75 Pa.C.S.A. § 6506(a)(1), (4).

 

353 This fine applies to violations of the Basic Speed Rule, the Minimum Speed Rule, the Posted Minimum Speed Limits, and Turnpike 

Regulations.
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SUMMARY OF SPEED LAWS, 12TH EDITION

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Licensing Action:

Type (Suspension / Revocation): Suspension through point system.354 75 Pa.C.S.A.§ 1535; 

75 Pa.C.S.A.§ 1538; 75 Pa.C.S.A.§ 1539.

Term of License Suspension / 

Revocation:

Suspension through point system:

First offense – 5 days for each point (minimum of 11 points);

Second offense – 10 days for each point (minimum of 11 points);

Third offense – 15 days for each point (minimum of 11 points);

Subsequent offense – 1 year. 75 Pa.C.S.A. § 1539(b).

Mandatory Minimum Term: None. An offender is eligible for an occupational limited license. 

75 Pa.C.S.A. § 1553.

Miscellaneous Sanctions Not 

Included Elsewhere:

Work Zones: For a violation of either the Basic Speed Rule (75 

Pa.C.S.A. § 3361) or Maximum or Posted Maximum Speed Limits 

(75 Pa.C.S.A. § 3362) in a construction or maintenance area manned 

by workers acting in their official capacities and an official sign is 

posted, the fines are double the usual amount. 75 Pa.C.S.A. § 3326(c), 

(c.1). Violators are also subject to a 15-day suspension when the 

department has received an accident report or the person exceeded the 

speed limit by 11 mph or more. 75 Pa.C.S.A. § 1535(e).

Excessive Speeding: An offender who has been convicted of exceeding 

the maximum or posted maximum speed limit by 31 mph or more is 

subject to driver improvement school, license examination or license 

suspension for not more than 15 days. 75 Pa. C.S.A. § 1538(d).

Other Criminal Actions Related to 

Speeding:

Summary Offense. 75 Pa.C.S.A. § 3367(b), (d).

Racing on Highway:

 

354 Point System: I. When an offender's point accumulation is reduced below 6 and that person again accumulates 6 points for the second

time, that person is subject to a suspension of not more than 15 days. 75 Pa.C.S.A. § 1538(b)(iii). When an offender's point accumulation is 

reduced below 6 and that person again accumulates 6 points for the third time, that person is subject to a suspension of not more than 30 

days. 75 Pa.C.S.A. § 1538(c). 

II. The following points have been assigned to speeding and speed-related violations: basic speed rule violation = 2 points; careless driving 

= 3 points; exceeding speed limit in school zone = 3 points; exceeding the maximum or posted maximum speed limit by 6-10 mph = 2 

points; exceeding the maximum or posted maximum speed limit by 11-15 mph = 3 points; exceeding the maximum or posted maximum 

speed limit by 16-25 mph = 4 points; exceeding the maximum or posted maximum speed limit by 26-30 mph = 5 points; exceeding the 

maximum or posted maximum speed limit by 31 mph or more = 5 points. 75 Pa.C.S.A. § 1535(a). Note: The point schedule does not 

include points for driving less than the normal speed of traffic and not driving in the right lane. Removal of Points: Points recorded 

against any person shall be removed at the rate of three points for each 12 consecutive months in which such person is not under suspension 

or revocation or has not committed any violation which results in the assignment of points or in suspension or revocation under this 

chapter. When a driver's record is reduced to zero points and is maintained at zero points for 12 consecutive months, any accumulation of 

points thereafter shall be regarded as an initial accumulation of points. 75 Pa.C.S.A. § 1537. Drivers Under 18: A driver younger than 18 

years old is subject to the following additional license suspensions if that person drives 26 mph or greater over the posted speed limit or 

accumulates 6 or more points before reaching 18 years old. A first suspension is for 90 days and any subsequent suspension is for 120 

days. Suspensions “shall be imposed consecutively to each other and to any other suspension.” In addition, a suspension “shall be 

considered a subsequent suspension even if it is imposed contemporaneously with a first suspension” under this section. 75 Pa.C.S.A. § 

1538(e).Junior Drivers: Under separate provisions of law, “junior drivers” (a licensee 16 or 17 yrs. old) are subject to a suspension of the 

driving privileges until 18 years old or for a period not to exceed 90 days if convicted of any violation of Title 75. This licensing action is 

in addition to any other licensing action. 75 Pa.C.S.A. § 1503(c)(3).
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Sanctions:

Imprisonment Term / Fine: First offense – $200; 

Subsequent offense – Not less than $200 or more than $1,000 and/or 

not more than 6 months. 75 Pa.C.S.A. § 3367(d); 

75 Pa.C.S.A. § 6503.

 Mandatory Minimum Term / Fine: $200.

Licensing Action:

Type (Suspension / Revocation): Suspension through point system. 75 Pa.C.S.A. § 1535; 

75 Pa.C.S.A. § 1538; 75 Pa.C.S.A. § 1539.

Suspension (for conviction). 75 Pa.C.S.A. § 1532(b).

Revocation for 3 convictions of racing (habitual offender). 

75 Pa.C.S.A. § 1542(b)(2).

 Term of License Suspension / 

Revocation:

Suspension through point system:

First offense – 5 days for each point (minimum of 11 points);

Second offense – 10 days for each point (minimum of 11 points);

Third offense – 15 days for each point (minimum of 11 points);

Subsequent offense – 1 year. 75 Pa.C.S.A. § 1539(b).

Suspension (for conviction) – 6 months. 75 Pa.C.S.A. § 1532(b).

Revocation – 5 years. 75 Pa.C.S.A. § 1542(d).

 Mandatory Minimum Term: The terms above are mandatory. An offender is not eligible for 

occupational driving privileges. 75 Pa.C.S.A. § 1553(d)(11).

Other: A surcharge of $30. 75 Pa.C.S.A. § 6506(a)(1).

Reckless Driving: Summary Offense. 75 Pa.C.S.A. § 3736.

Sanctions:

 Imprisonment Term / Fine: A fine of $200. 75 Pa.C.S.A. § 3736

Mandatory Minimum Term / Fine: $200. 75 Pa.C.S.A. § 3736.

Licensing Action:

 Type (Suspension / Revocation): Suspension through point system. 75 Pa.C.S.A.§ 1535; 75 Pa.C.S.A. § 

1538; 75 Pa.C.S.A. § 1539. Suspension (for conviction). 

75 Pa.C.S.A. § 1532(b).

Revocation for 3 convictions of reckless driving (habitual offender). 

75 Pa.C.S.A. § 1542(b)(1).

Term of License Suspension / 

Revocation:

Suspension through point system:

First offense – 5 days for each point (minimum of 11 points);

Second offense – 10 days for each point (minimum of 11 points);

Third offense – 15 days for each point (minimum of 11 points);

Subsequent offense – 1 year.

75 Pa.C.S.A. § 1539(b).

Suspension (for conviction) – 6 months. 75 Pa.C.S.A. § 1532(b).

Revocation – 5 years. 75 Pa.C.S.A. § 1542(d).
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 Mandatory Minimum Term: The terms above are mandatory. An offender is not eligible for 

occupational driving privileges. 75 Pa.C.S.A. § 1553(d)(11).

Other: A surcharge of $30. 75 Pa.C.S.A. § 6506(a)(1).

Work Zones: For a reckless driving offense committed in a 

construction or maintenance area manned by workers acting in their 

official capacity and an official sign is posted, the fines are double the 

usual amount. 75 Pa.C.S.A. § 3326(c).

Careless Driving: Summary Offense. 75 Pa.C.S.A. § 3714.

Sanctions:

 Imprisonment Term / Fine: Careless Driving - $25. 75 Pa.C.S.A.§ 3714; 75 Pa.C.S.A. § 6502.

Careless Driving (unintentional death) - $500. 

75 Pa.C.S.A. § 3714(b).

Careless Driving (serious bodily injury) - $250. 

75 Pa.C.S.A. § 3714(c).

 Mandatory Minimum Term / Fine: The fines above appear to be mandatory.

Licensing Action:

Type (Suspension / Revocation): Suspension through the point system. 75 Pa.C.S.A. § 1535; 

75 Pa.C.S.A.1538; 75 Pa.C.S.A.1539.

Suspension (for conviction). 75 Pa.C.S.A. § 1532(b).

Term of License Suspension / 

Revocation:

Suspension through point system:

First offense – 5 days for each point (minimum of 11 points);

Second offense – 10 days for each point (minimum of 11 points);

Third offense – 15 days for each point (minimum of 11 points);

Subsequent offense – 1 year. 75 Pa.C.S.A. § 1539(b).

Suspension (for conviction) – 6 months. 75 Pa.C.S.A.§ 1532(b).

Mandatory Minimum Term: None. It appears that occupational driving privileges may be 

permitted. 75 Pa.C.S.A. § 1553.

 Other: A surcharge of $30. 75 Pa.C.S.A. § 6506(a)(1).

Work Zones: For a reckless driving offense committed in a 

construction or maintenance area manned by workers acting in their 

official capacity and an official sign is posted, the fines are double the 

usual amount. 75 Pa.C.S.A. § 3326(c).

Automated Speed Enforcement: Limited Automatic red light enforcement systems are permitted in a 

“city of the first class”355 or municipality upon passage of an 

ordinance. 75 Pa.C.S.A. § 3116. 

Limitation of Use of Speed Yes PA State Police may use radar; any other officer may use an 

 

355 “City of the first class” is not listed within the definitions for this title.
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Measurement Devices: electronic speed timing device. 75 Pa.C.S.A. § 3368(c).

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a 

vehicle that person commits 2 “serious traffic violations”356 within a 3-

year period or 3 such violations within a 3-year period. 

75 Pa.C.S.A. § 1611(g).

Period of Disqualification: Two serious violations (within 3 years) – 60 days; 

Three serious violations (within 3 years) – 120 days. 

75 Pa.C.S.A. § 1611(g).

 

356 A "serious traffic violation" includes exceeding the speed limit by 15 or more mph or reckless driving.75 Pa.C.S.A. §1603.
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SUMMARY OF SPEED LAWS, 12TH EDITION

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JURISDICTION PUERTO RICO

Reference: Laws of Puerto Rico Annotated357

Basis for a Speed Law Violation: 

Basic Speed Rule: The speed of a vehicle or motor vehicle shall be regulated all times 

with due care, taking into account the width, traffic, use and condition 

of the public highway. No one shall drive at a speed greater than that 

which allows the driver to exercise proper control of the vehicle and 

shall reduce its speed or stop when needed to prevent an accident. 

Pursuant to the requirements stated above, every person shall drive at a 

safe and adequate speed when approaching and crossing an intersection 

or railroad crossing, when approaching the summit of a slope, when 

traveling on a narrow or winding road or when there is special danger 

to pedestrians or other traffic, or due to the weather or the condition of 

the public highway. 9 L.P.R.A. § 5121.

Statutory Speed Limit: 65 mph on expressways;

55 mph on public roads upon determination by the Secretary of 

Transportation;

45 mph in rural zones except where a speed limit of 55 mph is 

posted;

35 mph on public roads with four or more lanes upon determination 

by the Secretary of Transportation;

25 mph in urban zones, except on public roads with four or more 

lanes and in school zones located in a rural zone;

15 mph in school zones located in urban zones.

358 9 L.P.R.A. § 5122.

Posted (Maximum) Speed Limit: Based on traffic engineering research, the Secretary of Transportation 

and local authorities may declare safe, reasonable maximum speed 

limits. 9 L.P.R.A. § 5124; 9 L.P.R.A. §5604.

Minimum Speed Limit: I. No person shall drive at a speed of less than 20 mph under the 

established maximum speed limit, unless reduced speed is required or 

necessary. 9 L.P.R.A. § 5123(a).

II. All persons driving slower than the regular speed of traffic shall 

drive in the extreme right-hand lane. 9 L.P.R.A. § 5151.

Posted (Minimum) Speed Limit: I. The Secretary of Transportation or local authorities may declare, 

based on traffic engineering research, a minimum speed limit. 

9 L.P.R.A. § 5123(b); 9 L.P.R.A. §5604.

II. When there are two or more lanes in the same direction on a public 

highway, it shall be illegal to drive in the left lane at a speed below the 

maximum speed limit. 9 L.P.R.A. § 5123(c).

Other: I. Every motor vehicle that transports hazardous materials shall not 

exceed 30 mph in rural zones and 15 mph in urban zones. 

 

357 Updated through July 2011. 358 The speed limit in school zones shall be from 6:00 A.M. until 7:00 P.M. on school days or other hours or periods that are posted or 

identified by fixed signs, signs with variable messages, blinking yellow traffic lights or other traffic control devices or combinations 

thereof. 9 L.P.R.A. § 5122(c).
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SUMMARY OF SPEED LAWS, 12TH EDITION

201

9 L.P.R.A. § 5122(d).

II. The maximum speed for all heavy motor vehicles, public or private 

buses or school transportation shall be 10 mph or less that that allowed 

in any zone (except school zones, where the maximum speed shall be 

15 mph). 9 L.P.R.A. § 5122(f).

Low Speed Vehicle: N/A

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Administrative Offense. 9 L.P.R.A. § 5122(g).

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: $50 (plus an additional $5 per mile per hour when driving in excess of 

the maximum speed limit). 

$500 when driving 100 mph or more. 9 L.P.R.A. § 5122 (g)(2).

$50 when in violation of the minimum speed limit or driving at a speed 

20 mph below the established maximum speed limit. 

9 L.P.R.A. § 5123(a), (b).

Mandatory Minimum Term / Fine: The fines above appear to be mandatory.

Other Penalties:

Traffic School: N/A

 Other: School Zone: Any person exceeding the maximum speed limit in a 

school zone when such zone has been specifically identified (signs, 

traffic control devices, etc.) shall be fined $100 plus an additional $5

for each additional mile over the speed limit in that school zone. If a 

traffic accident or any bodily harm to a person is caused, it shall be a 

misdemeanor. 9 L.P.R.A. § 5122(h).

Heavy Motor Vehicle, Etc.: Operating a heavy motor vehicle, public 

bus or school bus in excess of the maximum speed limit is a 

misdemeanor offense, punishable by:

First conviction – a fine of not less than $250 or more than $500 and 

driver’s license suspension of 1 month;

Second conviction – a fine of not less than $500 or more than $1,000 

and suspension of 6 months;

Third conviction – a fine of not less than $1,000 or more than $5,000

and suspension for life. 9 L.P.R.A. § 5122(i).

Driving in the Left Lane (below speed limit): A fine of $100. 

9 L.P.R.A. § 5123(c).

Licensing Action:

Type (Suspension / Revocation): Revocation or Suspension (3 separate convictions for traffic law 

violation within 1 year). 9 L.P.R.A. § 5069(c).

Suspension through point system. 9 L.P.R.A. § 5072.
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Term of License Suspension / 

Revocation:

Suspension/Revocation(based on convictions) – Not more than 1 

year. Title 9 L.P.R.A. § 5069.

Suspension through point system – no terms or point accumulations 

are listed in statute. Title 9 L.P.R.A. § 5072.

Mandatory Minimum Term: None

Other Criminal Actions Related to 

Speeding:

Drag or Speed Racing / 

Acceleration Competitions:

Misdemeanor. 9 L.P.R.A. § 5127.

Sanctions:

Imprisonment Term / Fine: First conviction – A fine of $3,000;

Subsequent conviction – Not less than $3,000 or more than $5,000

and/or not more than 6 months. 9 L.P.R.A. § 5127.

 Mandatory Minimum Term / Fine: The terms above appear to be mandatory.

Licensing Action:

Type (Suspension / Revocation): First conviction – Suspension;

Subsequent conviction – Revocation. 9 L.P.R.A. § 5127.

 Term of License Suspension / 

Revocation:

Suspension – 6 months; Revocation – (no term listed in statute).

9 L.P.R.A. § 5127.

 Mandatory Minimum Term: It appears that the 6 month term is mandatory.

Other: The Court shall order seizure of the vehicle. 9 L.P.R.A. § 5127

Reckless or Negligent Driving: Misdemeanor. 9 L.P.R.A. § 5128.

Sanctions:

 Imprisonment Term / Fine:359 First conviction – Not less than $500 or more than $1,000;

Second or subsequent conviction (within 3 years) – Not more than 

$5,000 and/or not more than 6 months.

Mandatory Minimum Term / Fine: $500

Licensing Action:

 Type (Suspension / Revocation): Second conviction (within 3 years) – Suspension;

Third or subsequent conviction (within 3 years) – Revocation .

Title 9 L.P.R.A. § 5128.

Term of License Suspension / 

Revocation:

Suspension – 3 months; Revocation – permanent.

Title 9 L.P.R.A. § 5128.

 Mandatory Minimum Term: The terms above appear to be mandatory.

 

359 If such reckless or negligent driving causes damage or injury to: a construction/maintenance worker or a member of the public safety 

service agency who is attending to a traffic accident or rendering emergency assistance, the fine shall be not less than $1,000 or more than 

$2,000. Title 9 L.P.R.A. § 5128.
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Automated Speed Enforcement: Yes by S.P. Local authorities are permitted to install or authorize 

special devices to control the speed of motor vehicles, so long as it 

obtains written consent from the Department of Transportation. 

9 L.P.R.A. § 5604; 9 L.P.R.A. § 5001(90).

Limitations of Use of Speed 

Measurement Devices:

No information available.

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a 

vehicle that person commits 2 “serious traffic violations”360 within a 3-

year period or 3 such violations within a 3-year period. 

49 CFR 383.51.

Period of Disqualification: Two serious violations (within 3 years) – 60 days; 

Three serious violations (within 3 years) – 120 days. 

49 CFR 383.51.

 

360 A “serious traffic violation” includes exceeding the speed limit by 15 or more mph and reckless driving. 49 CFR 383.5.
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JURISDICTION RHODE ISLAND

Reference: Generals Laws of Rhode Island

Code of Rhode Island Rules (CRIR)

Basis for a Speed Law Violation: 

Basic Speed Rule: No person shall drive a vehicle at a speed greater than is reasonable 

and prudent under the conditions and having regard to the actual and 

potential hazards then existing.361 RI ST § 31-14-1.

II. The driver of every vehicle shall drive at an appropriate reduced 

speed when approaching and crossing an intersection or railroad grade 

crossing, when approaching and going around a curve, when 

approaching a hill crest, when traveling upon any narrow or winding 

roadway, when special hazard exists with respect to pedestrians or 

other traffic or by reason of weather or highway conditions and in the 

presence of emergency vehicles displaying flashing lights, tow trucks, 

transporter trucks, and roadside assistance vehicles displaying flashing 

amber lights while assisting a disabled motor vehicle. RI ST § 31-14-3.

Statutory Speed Limit: Speed in excess of the following limits is considered prima facie 

evidence that such speed was not reasonable or prudent:

50 mph during the daytime in all other location not noted below; 

45 mph during the nighttime in other locations not noted below; 

25 mph in a business or residential district; 

20 mph in a school zone (within 300 feet of school grounds when the 

school is open and warning signs are posted). RI ST § 31-14-2(a).

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State Traffic 

Commission may increase or decrease the prima facie speed limits. 

RI ST §31-14-4; RI ST § 31-14-4.1. 

II. Based on engineering and traffic investigations, a local government 

may decrease the prima facie speed limits on streets in a business or 

residential district under its jurisdiction. RI ST § 31-14-5.

III. A local government may increase the prima facie speed limits on 

through highways and other highways with limited intersections.

However, a local government cannot establish a daytime speed limit 

greater than 50 mph or a nighttime limit greater than 45 mph.

RI ST § 31-14-6.

IV. Based on engineering and traffic investigations, a local 

government may decrease the prima facie speed limits on streets 

outside a business or residential district under its jurisdiction. 

However, a speed limit of less than 35 mph may not be established. 

RI ST § 31-14-7.

V. Based on an investigation, the State Traffic Commission may 

establish safe maximum speed limits for bridges and other elevated 

structures. RI ST § 31-14-12(b).

Note: The State Traffic Commission must approve speed limit 

alterations by local governments on State highways. RI ST § 31-14-8.

 

361 Under other provisions of law, a person is also required to exercise due care to avoid colliding with pedestrians or human powered 

vehicles. RI ST § 31-18-8.
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Minimum Speed Limit: I. No person shall drive a motor vehicle at such a slow speed as to 

impede or block the normal and reasonable movement of traffic.

RI ST § 31-14-9(a).

II. A person driving at less than the normal speed of traffic shall drive 

in the right-hand lane then available for traffic or as close as 

practicable to the right-hand curb or edge of the roadway. 

RI ST § 31-15-2.

Posted (Minimum) Speed Limit: N/A

Other: I. No person shall drive a vehicle equipped with solid rubber or 

cushion tires greater than 10 mph. RI ST § 31-14-11.

II. The State or a local government may establish “temporary traffic 

control zones” on highways that are undergoing construction or 

maintenance. RI ST § 31-14-12.1.

Low Speed Vehicles:

Permitted on Public Roads

(Yes/No):

Yes. On public roads on Prudence Island with a posted speed limit of 

25 mph or less between 6:00 a.m. and 6:00 p.m. RI ST § 31-19.4-1.

Maximum Speed Permitted: 25 mph. RI ST § 31-19.4-1

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Civil violations.

362 RI ST § 31-27-13(a).

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: As per the Violation Fine Schedule.

363 RI ST § 31-41.1-4(a), (b).

Mandatory Minimum Term / Fine: The fines listed in the schedule, below, appear to be mandatory. 

Other Penalties:

Traffic School: Rehabilitative Driving Course: The court may order an offender to 

attend a Rehabilitative Driving Course. RI ST § 31-41.1-6(d).

 Other: School Bus Operators: Privileges to operate a school bus are 

suspended for up to 5 years if the operator is convicted of a criminal 

“motor vehicle driving offense” while driving any vehicle. 

RI ST § 31-10.3-31(j).

Work Zones: Fines, penalties and costs are doubled for a speed 

violation for exceeding the posted limit in a posted “temporary traffic 

 

362 The motor vehicle code (Title 31) provides that moving violations are civil infractions unless the law makes a particular offense a 

misdemeanor or a felony or unless the offense is punishable by a fine of more than $500 or by imprisonment. RI ST § 31-27-13(a). 363 Violation Fine Schedule: The following administrative fines are assessed for certain speed law violations. I. Driving below the 

minimum speed (i.e., impeding traffic) = $95; violating the basic speed rule = $95; exceeding the posted speed limit on bridges and 

structures = $95; driving in the right lane when not driving at the normal speed of traffic = $85; violating the law regarding due care by 

drivers = $95. II. For a first offense of speeding 1-10 mph over the posted speed limit = $95. For a second offense (within 12 months) = 

$10 per mph over the speed limit. For a third or subsequent offense (within 12 months) = $15 per mph over the speed limit. III. For a 

first offense of speeding 11 mph or more over the posted speed limit = a mandatory fine of $10 per mph over the speed limit. For a second 

offense (within 12 months) = a mandatory fine of $15 per mph over the speed limit. For a third or subsequent offense (within 12 months) 

= a mandatory fine of $20 per mph over the speed limit. RI ST § 31-41.1-4(a), (b).
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SUMMARY OF SPEED LAWS, 12TH EDITION

206

control zone” (construction or maintenance zones). 

RI ST § 31-14-12.1(b).

Licensing Action:

Type (Suspension / Revocation): Suspension or Revocation (based on conviction or frequency of 

offenses). RI ST § 31-11-7(a)(1);RI ST § 31-41.1-4.

Term of License Suspension / 

Revocation:

Suspension– Not more than 1 year. RI ST § 31-11-7(a)(2).

Revocation– Indeterminate. Note: The law does not provide for a 

general period of maximum revocation.

Under separate statutory provisions, the court may suspend a person's 

license as follows: 

Speeds up to and including 10 mph over the speed limit – Not more 

than 30 days. RI ST § 31-41.1-4(b)(i).

Speeds 11 mph or greater over the speed limit – Not more than 60 

days. RI ST § 31-41.1-4(b)(2).

Mandatory Minimum Term: None

Miscellaneous Sanctions Not 

Included Elsewhere:

EMS Special Assessment: In addition to any fine, an offender must be 

assessed $1. RI ST § 31-27-18. 

Other Criminal Actions Related to 

Speeding:

Street Racing on Highway: Misdemeanor (first conviction); Felony (second or subsequent 

conviction within 5 years). RI ST § 31-27-22.

Sanctions:

Imprisonment Term / Fine: First conviction – Not more than 1 year, not less than $500 or more 

than $1,000 and 10-60 hours of community service;

Second conviction (within 5 years) – Not more than 2 years, not less 

than $1,000 and 60-100 hours of community service;

Third or subsequent conviction (within 5 years) – Not more than 5 

years, $2,500 fine and not less than 100 hours of community service. 

RI ST § 31-27-22(b).

Racing with 1 or more passengers in vehicle: Not more than 5 

years, not more than $5,000 and not more than 100 hours of 

community service (to be served in addition to and consecutively to the 

sentence for racing). RI ST § 37-27-22(c).

 Mandatory Minimum Term / Fine: The base terms above are mandatory.

Licensing Action:

Type (Suspension / Revocation): Suspension. RI ST § 31-27-22.

 Term of License Suspension / 

Revocation:

First conviction – Not less than 90 days or more than 6 months;

Second conviction (within 5 years) – Not less than 6 months or more 

than 2 years;

Third or subsequent conviction (within 5 years) - Not less than 1 year 

or more than 5 years.
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207

Racing with 1 or more passengers in vehicle: No less than 1 year.

RI ST § 31-27-22(b), (c).

 Mandatory Minimum Term: The base terms above are mandatory.

Other: The vehicle used in the race may be impounded for not less than 1 day 

or more than 30 days. RI ST § 31-27-22(d).

EMS Special Assessment: In addition to any fine, an offender must 

be assessed $1. RI ST § 31-27-18. 

Reckless Driving: Misdemeanor (first conviction); 

Felony (second or subsequent conviction). RI ST § 31-27-4.

Sanctions:

 Imprisonment Term / Fine: First offense – Not more than 1 year and/or not more than $1,000;

Second or subsequent offense – Not less than 1 year and/or no less 

than $1,000. RI ST § 11-1-2; RI ST § 31-27-4.

Mandatory Minimum Term / Fine: None. The court has authority to suspend a sentence. 

RI ST § 12-19-8.

Licensing Action:

 Type (Suspension / Revocation): Suspension. RI ST § 31-11-7. 

Revocation (if 3 convictions of reckless driving within 12 months). 

RI ST § 31-11-6.

Term of License Suspension / 

Revocation:

Suspension – not more than 1 year. RI ST § 31-11-7.

Revocation – 3 years. RI ST § 31-11-6.

 Mandatory Minimum Term: It appears that the term for revocation is mandatory.

Other: EMS Special Assessment: In addition to any fine, an offender must 

be assessed $1. RI ST § 31-27-18. 

Aggressive Driving:

364 Civil Violation. RI ST § 11-1-2; RI ST § 31-27.1-4.

Sanctions:

 Imprisonment Term / Fine: Not less than $260 or more than $500. RI ST § 31-27.1-4.

 Mandatory Minimum Term / Fine: $260. RI ST § 31-27.1-4.

Licensing Action:

Type (Suspension / Revocation): Suspension. RI ST § 31-27.1-4.

Term of License Suspension / 30 days. RI ST § 31-27.1-4.

 

364 “Aggressive driving” means that an individual, coincident to operating a motor vehicle in violation of the speed laws, engages in 

conduct which violates 2 or more of the following sections of law:(1) Obedience to traffic control devices (RI ST § 31-13-4); (2) 

Overtaking on the right (RI ST § 31-15-5); (3) Driving within a traffic lane (RI ST § 31-15-1); (4) Following too closely (interval between 

vehicles) (RI ST § 31-15-12); (5) Yielding right of way (RI ST § 31-15-12.1; RI ST § 31-17-1; RI ST § 31-17-2; RI ST § 31-17-4; RI ST § 

31-17-6; RI ST § 31-17-7; RI ST § 31-17-8);(6) Entering the roadway (RI ST § 31-15-14; RI ST § 31-17-3; RI ST § 31-17-5);(7) Use of 

turn signals (RI ST § 31-16-5; RI ST § 31-16-6; RI ST § 31-16-8; RI ST § 31-16-9);(8) Relating to school buses, special stops, stop signs 

and yield signs; and(9) Use of emergency break-down lane for travel (RI ST § 31-15-16).
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SUMMARY OF SPEED LAWS, 12TH EDITION

208

Revocation:

Mandatory Minimum Term: This is mandatory.

 Other: For a conviction of a first offense, the driver may be required to attend 

an approved educational program designed to improve the safety and 

habits of drivers. RI ST § 31-27.1-4.

EMS Special Assessment: In addition to any fine, an offender must 

be assessed $1. RI ST § 31-27-18. 

Driving as to Endanger: Felony. RI ST § 11-1-2; RI ST § 31-27-1; RI ST § 31-27-1.1; 

RI ST § 31-27-1.2.

Sanctions:

 Imprisonment Term / Fine: Resulting in Death – Not less than 1 year or more than 10 years

and/or not less than $5,000. 

RI ST § 31-27-1; RI ST § 31-27-14.

Resulting in Personal Injury – Not less than 1 year or more than 5 

years and/or not less than $5,000. 

RI ST § 31-27-1.1; RI ST § 31-27-14.

Resulting in Physical Injury – Not less than 1 year or more than 2 

years and/or not less than $5,000.

RI ST § 31-27-1.2; RI ST § 31-27-14.

 Mandatory Minimum Term / Fine: None. The court has authority to suspend a sentence. RI ST § 12-19-8.

Licensing Action:

Type (Suspension / Revocation): Resulting in Death – Suspension. 

RI ST § 31-27-1; RI ST § 31-27-1.1; RI ST § 31-27-1.2.

Term of License Suspension / 

Revocation:

Resulting in Death – Not more than 5 years. RI ST § 31-27-1.

Resulting in Personal Injury365 – Not more than 3 years. 

RI ST § 31-27-1.1.

Resulting in Physical Injury – Not more than 1 year. 

RI ST § 31-27-1.2.

Mandatory Minimum Term: None

 Other: EMS Special Assessment: In addition to any fine, an offender must 

be assessed $1. RI ST § 31-27-18. 

Automated Speed Enforcement: No by S.P. The law permits the installation of an automated traffic 

violation detection system to detect violations of traffic control 

systems. However, the law excludes the use of speed cameras, which 

indicates their prohibition. RI ST § 31-41.2-3; RI ST § 31-41.2-3.1.

Limitations of Use of Speed 

Measurement Devices:

No. It appears that, at a minimum, the use of radar is permitted by the 

Rhode Island State Police. RI ADC 39-1-138:I.18; see State v. 

DelBonis, 862 A.2d 760 (R.I. 2004).

 

365 “Serious bodily injury” which is defined as physical injury that creates a substantial risk of death or causes serious permanent 

disfigurement or protracted loss or impairment of the function of any bodily member or organ. RI ST § 31-27-1.1(b).
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Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person’s CDL is suspended if while operating a CMV that person 

commits 2 “serious traffic violations”366 within a 3-year period or 3 

such violations within a 3-year period. RI ST § 31-10.3-31(b)(6).

Period of Disqualification: Two serious violations (within 3 years) – Not less than 60 days; 

Three serious violations (within 3 years) – Not less than 120 days. 

RI ST § 31-10.3-31(b)(6).

 

366 A “serious traffic violation” includes exceeding the speed limit by 15 or more mph or reckless driving. RI ST § 31-10.3-3(26).
SOUTH CAROLINA

SUMMARY OF SPEED LAWS, 12TH EDITION

210

JURISDICTION SOUTH CAROLINA

Reference: Code of Laws of South Carolina Annotated

Basis for a Speed Law Violation: 

Basic Speed Rule: I. No person shall drive a vehicle at a speed greater than is reasonable 

and prudent under the conditions and having regard to the actual and 

potential hazards then existing.

II. The driver of a vehicle shall drive at an appropriate reduced speed 

when approaching and crossing an intersection or railway grade 

crossing, when approaching and going around a curve, approaching a 

hillcrest, when traveling upon any narrow bridge, narrow or winding 

roadway, and when special hazard exists with respect to pedestrians or 

other traffic or by reason of weather or highway conditions. 

SC ST § 56-5-1520(A), (F).

Statutory Speed Limit: 70 mph on the interstate highway system and other freeways;

60 mph on multilane divided primary highways;

55 mph in other locations or on other sections of highways;

40 mph on unpaved roads;

30 mph in an urban district.

367

SC ST § 56-5-1520(B), (C).

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the Department of 

Transportation may increase or decrease the above speed limits on the 

State highway system including the extension of such system into an 

urban district.368 SC ST § 56-5-1520(E); SC ST § 56-5-1530.

II. Except as noted in III, based on engineering and traffic 

investigations, local authorities within their respective jurisdictions 

may increase or decrease the above speed limits.369

SC ST § 56-5-1520(E); SC ST § 56-5-1540(a).

III. Based on engineering and traffic investigations, a local authority

may establish a maximum speed limit of less than 30 mph in an urban 

district. However, this authority does not apply to highways within 

the State highway system. SC ST § 56-5-1520(D).

IV. Based upon investigation, the Department of Transportation may 

establish a safe maximum speed limit for any bridge or elevated 

structure. SC ST § 56-5-1570(d).

V. The governing boards of State institutions may establish speed 

limits on the streets, drives and alleys under their jurisdiction. 

SC ST § 56-21-10(1).

VI. The State Department of Mental Health may promulgate 

 

367 “Urban district” is defined to mean “the territory contiguous to and including any street which is built up with structures devoted to 

business, industry, or dwelling houses situated at intervals of less than one hundred feet for a distance of a quarter of a mile or more.” 

SC ST § 56-5-1520(C). 368 This includes the establishment of different highway speed limits for different types of vehicles, at different times of the day, for various 

weather conditions, or for other factors bearing on safe speeds. SC ST § 56-5-1530(A). 369 A speed limit cannot be established at greater than 70 mph. SC ST § 56-5-1540(a)(2). In addition, outside of an urban district, a speed 

limit cannot be established at less than 35 mph. SC ST § 56-5-1540(a)(3). Note: The Department of Transportation must approve any 

alteration of a speed limit on State highways or extensions thereof. SC ST § 56-5-1540(d).
SOUTH CAROLINA

SUMMARY OF SPEED LAWS, 12TH EDITION

211

regulations “governing and controlling” the roads and streets within 

areas of the State Hospital and Midlands Center. SC ST § 56-21-70. 

Such regulations would likely include the establishment of speed 

limits in these areas.

Minimum Speed Limit: I. No person shall drive a motor vehicle at such a slow speed as to 

impede the normal and reasonable movement of traffic. 

SC ST § 56-5-1560(a).

II. A person driving at less than the normal speed of traffic shall drive 

in the right-hand lane then available for traffic or as close as 

practicable to the right-hand curb or edge of the roadway. 

SC ST § 56-5-1810(b).

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the Department of 

Transportation or local governments may establish minimum speed 

limits on their respective streets and highways. SC ST § 56-5-1560(b).

Other: I. Manufactured, modular or mobile home must not be operated at a 

speed in excess of 10 mph below the maximum posted speed when the 

speed limit is greater than 45 mph. They shall never be operated in 

excess of 55 mph. SC ST § 56-5-1520(B)(4).

III. No person shall tow a house trailer greater than 45 mph. 

SC ST § 56-5-1570(a).

V. No person shall drive a vehicle that is equipped with solid rubber or 

cushion tires greater than 10 mph. SC ST § 56-5-1570(b).

VI. No person shall drive a public school bus greater than 45 mph on 

highways with posted speed limits above 55 mph. A special variance 

may be issued which allows a person to drive such a bus greater than 

45 mph on highways with posted speed limits above 55 mph. 

However, in no event shall a person drive a public school bus greater 

than 55 mph. SC ST § 59-67-515.

Low Speed Vehicles:

Permitted on Public Roads

(Yes/No):

Yes. On public roads with a speed limit of 35 mph or less. 

SC ST § 56-2-100.

Maximum Speed Permitted: 25 mph. SC ST § 56-1-10(19).

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Misdemeanors370 SC ST § 56-5-730; SC ST § 56-5-1520(G); 

SC ST § 56-5-1535(a); SC ST § 56-5-6190; SC ST § 56-21-60.

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: Violating Statutory Maximum Speed Limits:

 

370 Important: The law does not appear to make driving a public school bus in excess of the speed limitations established via SC ST § 59-

67-515 a criminal offense (e.g., a misdemeanor). In addition, there appears to be no licensing action associated with such a violation.
SOUTH CAROLINA

SUMMARY OF SPEED LAWS, 12TH EDITION

212

First Offense: 

1-10 mph over limit – Not less than $15 or more than $25. 

11-14 mph over limit – Not less than $25 or more than $50.

15-24 mph over limit – Not less than $50 or more than $75.

≥25 mph above limit – Not less than $75 or more than $200 or not 

more than 30 days;

91 mph or more over the limit – Not less than $150 or more than $400 

or not more than 60 days. SC ST § 56-5-1520(G).

Subsequent offense (for all):Not more than $100 or not more than 30 

days. SC ST § 56-5-6190.

Violating Traffic Regulations on State Hospital and Midlands 

Center Grounds: Not less than $2 or more than $50 or not more than 

15 days. SC ST § 56-21-100.

All Other speed law-related violations: Not more than $100 or not 

more than 30 days. SC ST § 56-5-6190; SC ST § 56-21-60.

Mandatory Minimum Term / Fine: The base terms above may be mandatory.

Other Penalties:

Traffic School: An offender who completes a defensive driving course shall have 4 

points deducted from the driving record. SC ST § 56-1-770.

Licensing Action:

Type (Suspension / Revocation): Suspension through a point system.371 SC ST § 56-1-720; 

SC ST § 56-1-740; SC ST § 56-1-750.

Term of License Suspension / 

Revocation:

Not more than 6 months. SC ST § 56-1-740 (A).

Mandatory Minimum Term: None. The Department may issue a restricted license for work and 

education purposes. SC ST § 56-1-740(B)(1).

Miscellaneous Sanctions Not 

Included Elsewhere:

Highway Work Zone: A person who exceeds the specially posted 

speed limit in a highway work zone is subject to a jail sentence of not 

more than 30 days and/or a fine of not less than $75 or more than 

$200. SC ST § 56-5-1535(a).

Temporary Work Zone: A person who fails to maintain a safe speed 

for road conditions is subject to a fine of not less than $300 or more 

than $500. SC ST § 56-5-1536(E).

 

371 Point System: I. The following points are assessed to the following violations: reckless driving = 6 points; driving fast for conditions or 

speeding 1-10 mph over limit = 2 points; 11-24 mph over limit = 4 points; 25 mph or more over limit = 6 points. SC ST § 56-1-720. II. 

A driver’s license may be suspended for not more than 6 months upon a showing that the driver demonstrates a disrespect and disregard for 

traffic laws. 12 points indicates disrespect and disregard. III. The following point accumulations result in the corresponding suspension 

periods: 12-15 points = 3 months; 16-17 points = 4 months; 18-19 points = 5 months; 20 points or more = 6 months. SC ST § 56-1-740. 

In computing the total number of points charged, those points accrued from 12-24 months preceding the last violation shall be counted at 

one half their established value and those resulting from violations which occurred more than 24 months prior to the last violation shall not 

be counted. SC ST § 56-1-750.
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SUMMARY OF SPEED LAWS, 12TH EDITION

213

Other Criminal Actions Related to 

Speeding:

Racing on Highway: Misdemeanor. SC ST § 56-5-730; SC ST § 56-5-1590; 

SC ST § 56-5-6190.

Sanctions:

Imprisonment Term / Fine: Not less than $200 or more than $600 and/or not less than 2 months or 

more than 6 months. SC ST § 56-5-1620.

 Mandatory Minimum Term / Fine: The base terms above for a driver are mandatory.

Licensing Action:

Type (Suspension / Revocation): Revocation. SC ST § 56-5-1620.

Term of License Suspension / 

Revocation:

1 year. SC ST § 56-5-1620.

 Mandatory Minimum Term: None. The Department may issue a restricted license for work and 

education purposes. SC ST § 56-1-740(B)(1).

Other: Any person who acquiesces in or permits the driving of his/her car is 

subject to not more than $100, not more than 30 days in jail and a 3-

month license and registration suspension. SC ST § 56-5-1620.

Reckless Driving: Misdemeanor. SC ST § 56-5-730; SC ST § 56-5-2920; 

SC ST § 56-5-6190.

Sanctions:

 Imprisonment Term / Fine: Not less than $25 or more than $200 or not more than 30 days. 

SC ST § 56-5-2920.

Mandatory Minimum Term / Fine: $25

Licensing Action:

 Type (Suspension / Revocation): First offense – Suspension through the point system; 

Subsequent offense (within 5 years) – Suspension. 

SC ST § 56-5-2920.

Term of License Suspension / 

Revocation:

First offense – 3-6 months through the point system. 

SC ST § 56-1-740

Subsequent offense – 3 months. SC ST § 56-5-2920.

 Mandatory Minimum Term: None. The department may issue a restricted license for work and 

education purposes. SC ST § 56-1-740(B)(1).

Other: An offender shall have 6 points added to his driving record. 

SC ST § 56-1-720. 

An offender who completes a defensive driving course shall have 4

points deducted from the driving record. SC ST § 56-1-770.

Automated Speed Enforcement: No statutory provision

Limitations of Use of Speed 

Measurement Devices:

No statutory provisions. However, the use of speed detection 

jamming devices is unlawful. SC ST § 56-5-3870. And, it appears that 
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SUMMARY OF SPEED LAWS, 12TH EDITION

214

radar devices are permitted. See e.g., State v. Jackson, 717 S.E.2d 609 

(S.C.App. 2011).

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a 

vehicle that person commits 2 “serious traffic violations”372 within a 3-

year period or 3 such violations within a 3-year period. 

SC ST § 56-1-2110(F).

Period of Disqualification: Two serious violations (within 3 years) – Not less than 60 days; 

Three serious violations (within 3 years) – Not less than 120 days. 

SC ST § 56-1-2110(F).

 

372 A “serious traffic violation” includes exceeding the speed limit by 15 or more mph and reckless driving. SC ST §56-1-2030(22).
SOUTH DAKOTA

SUMMARY OF SPEED LAWS, 12TH EDITION

215

JURISDICTION SOUTH DAKOTA

Reference: South Dakota Codified Laws

Basis for a Speed Law Violation: 

Basic Speed Rule: It is unlawful for a person to drive a motor vehicle at a speed greater 

than is reasonable and prudent under the conditions then existing. 

SD ST § 32-25-3.

Statutory Speed Limit: 75 mph on interstate highways (SD ST § 32-25-4);

70 mph on divided four-lane highways in rural areas

(SD ST § 32-25-7.1);

65 mph on other streets or highways (SD ST § 32-25-1.1);

55 mph on township roads (SD ST § 32-25-9.2);

25 mph on urban streets that do not have posted speed limits 

(SD ST § 32-25-12);

15 mph in a school zone during a recess or when children are going to 

or leaving school during the opening or closing hours.

(SD ST § 32-25-14).

Posted (Maximum) Speed Limit: I. The State Transportation Commission may establish posted speed

limits that are less than the maximum ones for highways under its 

jurisdiction. SD ST § 32-25-7; SD ST § 32-25-10.

II. Local governments may establish “speed zones” upon the streets or 

highways under their jurisdictions or regulate speed on public parks. 

SD ST § 32-14-3; SD ST § 32-14-4; SD ST § 32-25-9.1; 

SD ST § 32-25-16. Note: The authority granted under these 

provisions could be used to increase as well as to decrease the speed 

limits on township roads that have a statutory speed limit of 55 mph. 

(SD ST § 32-25-9.2).

III. Based upon an investigation, the State Transportation Commission 

may establish a safe maximum speed for any public bridge, causeway 

or viaduct. SD ST § 32-25-18; SD ST § 32-25-19.

IV. A county road district may establish speed limits on the roads 

under its jurisdiction. SD ST § 31-12A-21(6); SD ST § 32-25-9.1.

Minimum Speed Limit: I. No person shall operate a motor vehicle at such a slow speed as to 

impede the normal and reasonable movement of traffic. 

SD ST § 32-25-5.1.

II. It is unlawful to operate a motor vehicle at less than 40 mph on an 

interstate highway. SD ST § 32-25-5.

III. A person driving a slow-moving vehicle shall drive as closely as 

possible to the right-hand edge/curb of a highway. SD ST § 32-26-1.

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State 

Transportation Commission may establish a minimum speed limit on a 

highway. SD ST § 32-25-5.2.
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SUMMARY OF SPEED LAWS, 12TH EDITION

216

Other: I. The State Transportation Commission may promulgate regulations 

establishing the maximum speed for any motor vehicle, trailer, or 

wagon.373 SD ST § 32-25-6.

II. No person shall tow a manufactured home or mobile home with a

width greater than 102 inches at a speed greater than 55 mph on an 

interstate highway or greater than 45 mph on any other highway. 

SD ST § 32-25-6.1.

III. No person shall drive a vehicle that is equipped with solid rubber 

or cushion tires greater than 10 mph. SD ST § 32-25-6.2.

IV. When a driver's view is obstructed at a railway crossing or an 

intersection, the maximum lawful speed is 15 mph. SD ST § 32-25-13; 

SD ST § 32-25-15.

V. The State Transportation Commission may establish “limited” 

speed zones for portions of State highways that are undergoing 

maintenance during the hours work is actually performed. 

SD ST § 32-25-19.1.

VI. Certain overweight vehicles which are hauling agricultural 

products may be driven on the highways not greater than 50 mph. 

SD ST § 32-22-42.2.

Low Speed Vehicles:

Permitted on Public Roads

(Yes/No):

Yes. On public roads with a posted speed limit of not more than 35 

mph. SD ST § 32-25-27.

Maximum Speed Permitted: 25 mph. SD ST § 32-3-1(5A).

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Class 2 misdemeanor SD ST § 32-22-42.2; SD ST § 32-25-1.1et seq.; 

SD ST § 32-26-1.

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: $500 and/or 30 days.

374 SD ST § 22-6-2.

Mandatory Minimum Term / Fine: None

Other Penalties:

Traffic School: N/A

 Other: The fines are doubled for exceeding the “limited” posted speed limit in 

a construction zone. However, the maximum fine cannot be greater 

than $500. SD ST § 32-25-19.1.

Licensing Action:

Type (Suspension / Revocation): Suspension through point system.375 SD ST § 32-12-49; 

 

373 Such regulations apply to the following types of vehicles: (1) any motor vehicle, trailer, or wagon including the load weighing more 

than 10,000 lbs.; (2) any motor vehicle, trailer or wagon having a gross weight more than 8,000 lbs., on one axle; and (3) any motor 

vehicle, trailer or wagon having a gross load greater than 600 lbs., per inch width of tire as defined in the statute. SD ST § 32-25-6. 374 If they are financially able, offenders may be required to pay for the cost of their confinement in a county jail. SD ST § 24-11-45.
SOUTH DAKOTA

SUMMARY OF SPEED LAWS, 12TH EDITION

217

SD ST § 32-12-49.1. 

Term of License Suspension / 

Revocation:

60 days to 1 year. SD ST § 32-12-49.3.

Mandatory Minimum Term: None. Licensing action is not mandatory. The licensing agency may 

issue restricted driving privileges for the purpose of allowing a person 

to engage in employment or to attend school. SD ST § 32-12-49.4. 

Miscellaneous Sanctions Not 

Included Elsewhere:

For persons operating commercial motor vehicles who commit a 4th or 

subsequent excessive speeding offense under Chapter 32-25 (speed 

regulation), the court may cancel the vehicles’ “compensation plates”

for 1 year.376 SD ST § 32-25-22.

Other Criminal Actions Related to 

Speeding:

Racing on Highway:

377 Class 2 misdemeanor. SD ST § 32-25-23; SD ST § 32-25-25.

Sanctions:

Imprisonment Term / Fine: $500 and/or 30 days. SD ST § 22-6-2.

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Suspension through the point system. SD ST § 32-12-49.1.

 Term of License Suspension / 

Revocation:

No specific terms are listed. 

 Mandatory Minimum Term: N/A

Reckless Driving: Class 1 misdemeanor. SD ST § 32-24-1.

Sanctions:

 Imprisonment Term / Fine: 1 year and/or $2,000. SD ST § 22-6-2.

Mandatory Minimum Term / Fine: None

Licensing Action:

 Type (Suspension / Revocation): First offense – Suspension (through point system). 

SD ST § 32-12-49.1.

Second or subsequent offense – Revocation. SD ST § 32-12-49.1.

 

375 Point System: I. An offender's license is subject to suspension if accumulating15 points within 12 months or 22 points within 24 

months. SD ST § 32-12-49.2. II. The following points have been assigned to speed-related violations: reckless driving = 8 points; eluding 

a police officer = 6 points; drag racing = 6 points; other moving offenses = 2 points. The law specifically states that “other moving 

offenses” does not include “speeding offenses.” (Comment: Since the term “speeding offense” is not defined, it is unclear whether such 

term includes all offenses related to vehicle speed or whether such term only means speed in excess of the speed limit.) SD ST § 32-12-

49.1. III. The following licensing actions are based on a person’s driving record over the last 48 months: first suspension – 60 days; 

second suspension – 6 months; subsequent suspensions – 1 year. SD ST § 32-12-49.3. 376 Certain commercial motor vehicle operators must obtain special license plates (“compensation plates”) before they can operate such 

vehicles on the State's streets or highways. SD ST § 32-9-6; SD ST § 32-9-7. 377 Racing is defined as the use of one or more vehicles in an attempt to outgain, outdistance, or prevent another vehicle from passing, to 

arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long distance 

driving routes. SD ST § 32-25-25.
SOUTH DAKOTA

SUMMARY OF SPEED LAWS, 12TH EDITION

218

Term of License Suspension / 

Revocation:

Revocation – 30 days to1 year. SD ST § 32-24-3.

 Mandatory Minimum Term: None. A restricted license may be granted. SD ST § 32-24-3.

Other: 6 points assessed against driving record. SD ST § 32-12-49.3.

Careless Driving:

378 Class 2 misdemeanor. SD ST § 32-24-8.

Sanctions:

 Imprisonment Term / Fine: $500 and/or 30 days. SD ST § 22-6-2.

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Suspension through the point system. SD ST § 32-12-49.1.

Term of License Suspension / 

Revocation:

No specific terms are listed. 

Mandatory Minimum Term: N/A

 Other: 2 points assessed against driving record. SD ST § 32-12-49.3.

Exhibition Driving:

379 Class 2 misdemeanor. SD ST § 32-24-9.

Sanctions:

 Imprisonment Term / Fine: $500 and/or 30 days. SD ST § 22-6-2.

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Suspension through the point system. SD ST § 32-12-49.1.

Term of License Suspension / 

Revocation:

No specific terms are listed. 

Mandatory Minimum Term: N/A

 Other: 2 points assessed against driving record. SD ST § 32-12-49.3.

Automated Speed Enforcement: No statutory provision

Limitations of Use of Speed 

Measurement Devices:

No statutory provisions. It appears, at a minimum, that radar devices 

are permitted. See e.g., State v. Labine, 733 N.W.2d 265 (S.D. 2007).

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a 

vehicle that person commits 2 “serious traffic violations”380 within a 3-

year period or 3 such violations within a 3-year period. 

 

378 “Careless driving” is defined as operating a vehicle “carelessly and without due caution, at a speed or in a manner so as to endanger any 

person or property, not amounting to reckless driving.” SD ST § 32-24-8. 379 “Exhibition driving” is defined as operating a vehicle “in such a manner that creates or causes unnecessary engine noise, tire squeal, 

skid or slide upon acceleration or stopping; that simulates a temporary race; or causes the vehicle to unnecessarily turn abruptly or sway.” 

SD ST § 32-24-9.
SOUTH DAKOTA

SUMMARY OF SPEED LAWS, 12TH EDITION

219

SD ST § 32-12A-40; SD ST § 32-12A-41.

Period of Disqualification: Two serious violations (within 3 years) – Not less than 60 days; 

Three serious violations (within 3 years) – Not less than 120 days. 

SD ST § 32-12A-40; SD ST § 32-12A-41.

 

380 A “serious traffic violation” includes exceeding the speed limit by 15 or more mph, reckless driving and careless driving. SD ST § 32-

12A-1(31).
TENNESSEE

SUMMARY OF SPEED LAWS, 12TH EDITION

220

JURISDICTION TENNESSEE

Reference: Tennessee Code Annotated

Rules and Regulations of the State of Tennessee (TN ADC)

Basis for a Speed Law Violation: 

Basic Speed Rule: Notwithstanding any speed limit or zone in effect at the time, or right 

of way rules that may be applicable, every driver of a motor vehicle 

shall exercise due care by operating the vehicle at a safe speed, by 

maintaining a safe lookout, by keeping the vehicle under proper 

control and by devoting full time and attention to operating the vehicle, 

under existing circumstances as necessary in order to be able to see 

and to avoid endangering life, limb or property and to see and avoid 

colliding with any other vehicle or person, or any road sign, guard rail 

or any fixed object either legally using or legally parked or legally 

placed, upon any roadway, within or beside the roadway right-of-way 

including, but not limited to, any adjacent sidewalk, bicycle lane, 

shoulder or berm. TN ST § 55-8-136(b).

Statutory Speed Limit: 70 mph on controlled-access State highways or interstate highways 

with four or more lanes. TN ST § 55-8-152(c).

65 mph on all other highways or roads. TN ST § 55-8-152(a).

Posted (Maximum) Speed Limit: I. The State department of transportation is authorized to lower the 

above speed limits on the State system of roads and highways. 

TN ST § 55-8-152(f)(1)(A).

II. Based on engineering and traffic investigations, the department of 

transportation may lower the speed limits in business, urban or 

residential districts. TN ST § 55-8-153(a).

III. Local governments may establish speed limits including lowering 

the maximum speed limits on roads and streets under their 

jurisdictions, so long as such speed does not exceed 55 mph. 

TN ST §55-8-152(f)(1)(C); TN ST §55-8-153(d).

IV. The department of transportation may establish a safe maximum 

speed limit for any bridge or elevated structure. TN ST § 55-8-156(b).

V. Based on engineering investigations, a local government may 

establish special speed limits adjacent to schools. This limit cannot be 

less than 15 mph.381 TN ST § 55-8-152(d).

VI. The department of transportation may establish special speed limits 

at school entrances and exits and from controlled-access highways. 

TN ST § 55-8-152(d).

Minimum Speed Limit: I. No person shall operate a motor vehicle at such a slow speed as to 

impede the normal and reasonable movement of traffic. 

TN ST § 55-8-154(a).

II. On interstate and four-lane controlled-access highways, it is 

unlawful for a person to operate a motor vehicle in the left lane at a 

 

381 Where such special speed limits do not exist, it is prima facie evidence of reckless driving to operate a vehicle >15 mph when passing a 

school during recess when warning flashers are in operation, or 90 minutes before or after the opening or closing of a school. TN ST § 55-

8-152(d)(1)(B).
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SUMMARY OF SPEED LAWS, 12TH EDITION

221

speed less than 55 mph. TN ST § 55-8-152(c).

III. A person driving at less than the normal speed of traffic shall drive 

in the right-hand lane then available for traffic or as close as 

practicable to the right-hand curb or edge of the roadway. 

TN ST § 55-8-115(b).

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the department of 

transportation or a local government may establish a minimum speed 

limit for a highway. TN ST § 55-8-154(b).

Note: Officials signs may be erected directing slower moving traffic to 

use designated lanes. TN ST § 55-8-123(3).

Other: I. No person shall operate a vehicle with solid rubber or cushion tires 

greater than 10 mph. TN ST § 55-8-156(a).

II. When transporting pupils, no person shall operate a school bus 

greater than the posted speed limit or greater than 35 mph on unpaved 

roadways. TN ST § 49-6-2110(b).

Low Speed Vehicles:

Permitted on Public Roads

(Yes/No):

Yes. On public roads with a posted speed limit of 35 mph or less. 

TN ST § 55-8-191.

Maximum Speed Permitted: 25 mph. TN ST § 55-1-122.

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Class C misdemeanor. TN ST § 49-6-2113; TN ST § 55-8-152(f)(2); 

TN ST § 55-8-154; TN ST § 55-8-156; TN ST § 55-10-301(a).

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: Not more than 30 days and/or not more than $50. 

TN ST § 40-35-111(e)(3).

Mandatory Minimum Term / Fine: None.

Other Penalties:

Traffic School: An offender may be required to attend a driver education course in 

addition to or in lieu of any other sanction. TN ST § 55-10-301(b)(1).

 Other: I. A fee of up to 75 cents and a fee of up to $2.00 may be levied.382

TN ST § 55-10-315.

II. Additional fine of $5.

383 TN ST § 55-8-152(g)(1). The court may in 

its discretion order community service for the defendant in lieu of a 

fine. TN ST § 40-35-103(6).

 

382 Only municipalities with a population of not less than 160,000 or more than 170,000 by ordinance may levy such fees. The levy of up to 

75 cents shall be used for traffic safety, traffic education and drug education programs. The levy of up to $2 shall be used to purchase 

and/or maintain an automated information system to support enforcement of traffic safety laws. TN ST § 55-10-315. 383 Only counties with a population of not less than 67,500 or more than 67,600 may assess this additional fine, which shall be placed in a 

fund to be established by such county for the sole purpose of erecting and maintaining highway signs. TN ST § 55-8-152(g)(2).
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SUMMARY OF SPEED LAWS, 12TH EDITION

222

Licensing Action:

Type (Suspension / Revocation): Suspension through a point system.384 TN ST § 55-50-505(a)(1); 

TN ADC 1340-01-04.

Term of License Suspension / 

Revocation:

6 months (12 months for certain subsequent offenders).

385

TN ADC 1340-01-04-.04(7)(c), (8)(b), (c).

Mandatory Minimum Term: 6 or 12 months. Action is limited to certain subsequent offenders.386

TN ADC 1340-01-04-.04(8)(b), (c).

Miscellaneous Sanctions Not 

Included Elsewhere:

Construction Zones: A person who violates a speed limit in a 

construction zone when workers are present commits a Class B 

misdemeanor. However, the offender is only subject to a fine 

sanction of not less than $250 or more than $500. 

TN ST § 55-8-152(f)(2); TN ST § 55-8-153(e). 

Note: The minimum fine appears to be mandatory.

Other Criminal Actions Related to 

Speeding:

Drag Racing:

387 Class B misdemeanor. TN ST § 55-10-502.

 

384 Point System: I. An offender who for the first time accumulates 12 points within 12 months is subject to a 6-month license suspension 

or a driver improvement program. After the offender completes this program, that person is placed on administrative probation for 12 

months. Note: A first offender is a driver who has not had a license suspended and who has not taken the driver improvement program 

within the previous 5 years. II. An offender who for the second or subsequent time accumulates 12 points within 12 months is subject to a 

6 or 12-month license suspension, depending on the person’s driving record. However, if the offender has completed driver improvement

program within the previous 5 years, the suspension is for 12 months. Such persons may be required to attend a driver improvement 

program. However, participation in this program is not in lieu of license suspension. III. The following points have been assigned for 

speeding and speed-related offenses: speeding violations where the vehicle's speed was not noted on the citations = 3 points; exceeding the 

speed limit 1-5 mph = 1 point; exceeding the speed limit 6-15 mph = 3 points; exceeding the speed limit 16-25 mph = 4 points; exceeding 

the speed limit 26-35 mph = 5 points; exceeding the speed limit 36-45 mph = 6 points; exceeding the speed limit by 46 mph or more = 8 

points; reckless driving = 6 points; driving less than the posted minimum speed limit = 3 points; careless or negligent driving = 4 

points(Note: This is a municipal ordinance violation); reckless endangerment by vehicle = 8 points; miscellaneous traffic violations not 

specified = 3 points. IV. The following points have been assigned for speeding in a construction zone: speeding violations where the 

vehicle's speed was not noted on the citations = 4 points; exceeding the speed limit 1-5 mph = 2 points; exceeding the speed limit 6-15 

mph = 4 points; exceeding the speed limit 16-25 mph = 5 points; exceeding the speed limit 26-35 mph = 6 points; exceeding the speed 

limit by 36 mph or more = 8 points. V. The following points have been assigned for speeding in a commercial vehicle: speeding 

violations where the vehicle's speed was not noted on the citations = 4 points; exceeding the speed limit 1-5 mph = 2 points; exceeding the 

speed limit 6-14 mph = 4 points; exceeding the speed limit 15-25 mph = 5 points; exceeding the speed limit 26-35 mph = 6 points; 

exceeding the speed limit 36-45 mph = 7 points; exceeding the speed limit by 46 mph or more = 8 points; excessive speeding (15 mph or 

more over speed limit indicated on citation but not on court document) = 6 points; reckless driving = 7 points; careless or negligent driving 

= 5 points. The following points have been assigned for speeding in a construction zone by a commercial vehicle: speeding violations 

where the vehicle's speed was not noted on the citations = 5 points; exceeding the speed limit 1-5 mph = 3 points; exceeding the speed 

limit 6-14 mph = 5 points; exceeding the speed limit 15-25 = 6 points; exceeding the speed limit 26-35 mph = 7 points; exceeding the 

speed limit 36-45 mph = 8 points; exceeding the speed limit 46 mph or more = 9 points; excessive speeding (15 mph or more over speed 

limit indicated on citation but not on court document) = 7 points; reckless driving = 8 points; careless or negligent driving = 6 points; 

speed less than minimum = 5 points; miscellaneous traffic violations = 4 points. TN ADC 1340-01-04-.03; TN ADC 1340-01-04- .04. 385 Point System Suspensions: Offenders are subject to a 6-month license suspension under 2 conditions: (1) accumulating 12 pts within 

12 months for the 1st time and not participating in the driver improvement program; or (2) accumulating 12 pts for the 2nd time and having 

in lieu of a suspension, within the past 5 years, participated in such a program. Subsequent offenders are subject to a 12-month license 

suspension if within the past 5 years that person has participated in and been subject to a driver improvement program in lieu of a 

suspension and a license suspension under the point system. TN ADC 1340-01-04-.04. 386 Offenders who have accumulated 12 pts within 12 months for the first time and who are subject to a 6-month license suspension 

because they do not participate in a driver improvement program are eligible for restricted driving privileges. TN ADC 1340-01-04-

.04(7)(g). Under “extreme circumstances” such an offender may be placed on administrative probation in lieu of a suspension. TN ADC 

1340-01-04-.04(7)(h).
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SUMMARY OF SPEED LAWS, 12TH EDITION

223

Sanctions:

Imprisonment Term / Fine: Not more than 6 months and/or not more than $500. 

TN ST § 40-35-111(e)(2).

Serious Bodily Injury (Class D Felony) – Not less than 2 years or 

more than 12 years and a possible fine not to exceed $5,000. 

TN ST § 39-13-106(b); TN ST § 40-35-111(b)(4); TN ST § 55-10-502.

 Mandatory Minimum Term / Fine: Racing resulting in serious bodily injury appears to have a mandatory 

minimum of 2 years.

Licensing Action:

Type (Suspension / Revocation): Revocation. TN ST § 55-10-503(a)(1), (b).

 Term of License Suspension / 

Revocation:

First offense – 1 year. TN ST § 55-10-503(a)(1); 

Second offense (within 10 years) – Permanent revocation. 

TN ST § 55-10-503(b).

 Mandatory Minimum Term: First offense – None. Note: An offender is eligible for restricted 

driving privileges. TN ST § 55-10-503(a)(2).

Second offense (within 10 years) – Permanent revocation. 

TN ST § 55-10-503(b).

Other: I. An offender may be required to attend a driver education course. 

TN ST § 55-10-301(b)(1).

II. A fee of up to 75 cents and a fee of up to $2.00 may be levied. 

TN ST § 55-10-315.

III. Additional fine of $5. TN ST § 55-8-152(g)(1).

IV. Vehicle is subject to seizure and forfeiture. 

TN ST § 55-10-502(c); TN ST § 40-33-102.

Reckless Driving: Class B misdemeanor. TN ST § 55-10-205(a), (b).

Sanctions:

 Imprisonment Term / Fine: Not more than 6 months and/or not more than $500. 

TN ST § 40-35-111(e)(2).

Mandatory Minimum Term / Fine: None

Licensing Action:

 Type (Suspension / Revocation): Suspension through a point system. TN ST § 55-50-505(a)(1); 

TN ADC 1340-01-04.

Revocation(second conviction within 12 months).

TN ST § 55-50-501(a)(6).

 

387 “Drag racing” is defined as the “use of any motor vehicle for the purpose of ascertaining the maximum speed obtainable by the vehicle; 

the use of any motor vehicle for the purpose of ascertaining the highest obtainable speed of the vehicle within a certain distance or within a 

certain time limit; the use of any 1 or more motor vehicles for the purpose of comparing the relative speeds of such vehicle or vehicles, or 

for comparing the relative speeds of such vehicle or vehicles within a certain distance or within a certain time limit; the use of 1 or more 

motor vehicles in an attempt to out-gain, outdistance or arrive at a given destination simultaneous with or prior to that of any other motor 

vehicle; the use of any motor vehicle for the purpose of the accepting of, or the carrying out of any challenge, made orally, or in writing, or 

otherwise, made or received with reference to the performance abilities of 1 or more motor vehicles.” TN ST § 55-10-501(1).
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SUMMARY OF SPEED LAWS, 12TH EDITION

224

Term of License Suspension / 

Revocation:

Suspension – 6 months (12 months for certain subsequent 

offenders). TN ADC 1340-01-04-.04(7)(c), (8)(b), (c).

Revocation (second conviction within 12 months) – 1 year. 

TN ST § 55-50-502(f)(3).

 Mandatory Minimum Term: Revocation (second conviction within 12 months) – 1 year. 

TN ST § 55-50-502(f)(3).

388

Other: I. An offender may be required to attend a driver education course. 

TN ST § 55-10-301(b)(1).

II. A fee of up to 75 cents and a fee of up to $2.00 may be levied. 

TN ST § 55-10-315.

III. Additional fine of $5, and $50. TN ST § 55-8-152(g)(1); TN ST § 

55-10-205.

IV. 8 points assessed to driving record. TN ADC 1340-01-04-.03.

Automated Speed Enforcement: Yes by S.P. Automated traffic enforcement is permitted statewide for 

traffic violations. However, traffic enforcement cameras that monitor 

speed shall not be permitted on any public road or highway within 1 

mile of a reduction of speed limits. TN ST § 55-8-198(a), (l).

Limitations of Use of Speed 

Measurement Devices:

No. Radar, laser and other similar devices used to measure the speed 

of motor vehicles are admissible in evidence so long as the officer 

operating the device has been trained. TN ST § 24-7-124; 

TN ADC 1110-03-.09.

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a 

vehicle that person commits 2 “serious traffic violations”389 within a 3-

year period or commits 3 such violations within a 3-year period. 

TN ST § 55-50-405(a)(5).

Period of Disqualification: Two serious violations (within 3 years) – Not less than 60 days; 

Three serious violations (within 3 years) – Not less than 120 days. 

TN ST § 55-50-405(a)(5).

 

388 However, if this is the first time an offender's license has been revoked, the offender may apply for a new one after only 6 months. 

TN ST § 55-50-502(e)(4). 389 A “serious traffic violation” includes excessive speeding as defined by the U.S. Secretary of Transportation (i.e., exceeding the speed 

limit by 15 or more mph), reckless, careless and negligent driving. TN ST § 55-50-102(51); 49 CFR § 383.5.
TEXAS

SUMMARY OF SPEED LAWS, 12TH EDITION

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JURISDICTION TEXAS

Reference: Texas Revised Statutes Annotated (Transportation Code)

Basis for a Speed Law Violation: 

Basic Speed Rule: No person shall drive a vehicle at a speed greater than is reasonable 

and prudent under the circumstances then existing or under the 

conditions and having regard to actual and potential hazards, and shall 

control the speed of a vehicle as necessary to avoid colliding with 

another person or vehicle that is on or entering the highway in 

compliance with law and the duty of each person to use due care. An 

operator shall reduce speed when approaching and crossing an 

intersection or railroad grand crossing, approaching a curve or a hill 

crest, traveling a narrow or winding roadway, or facing special hazards 

such as pedestrians, weather or highway conditions.

TX TRANSP § 545.351.

Statutory Speed Limit: Operating a vehicle in excess of the following speed limits is prima 

facie evidence that such speed is not reasonable and prudent and is 

unlawful. 

85 mph on part of a highway system if such part is designed to 

accommodate such speed and it is determined that the speed limit is 

reasonable and safe for that part of the highway system; 

(TX TRANSP § 545.353(h-2))

80 mph on part of Interstate Highway 10 or Interstate Highway 20 in 

Crockett, Culberson, Hudspeth, Jeff Davis, Kerr, Kimble, Pecos, 

Reeves, Sutton, or Ward Counties; (TX TRANSP § 545.353(h-1))

75 mph (TX TRANSP § 545.353(h))

70 mph on "numbered" highways and farm/ranch-to-market roads 

outside an urban district;

390

60 mph on highways that are not “numbered” and that are outside of 

an urban district;

30 mph in an urban district; 

15 mph in an alley, on a beach, or on a road adjacent to a public beach 

if declared by the commissioners court of the county.

TX TRANSP § 545.352(b).

For counties with a population more than 78,000, this authority may be 

delegated to the county engineer. TX TRANSP § 251.159.

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the Texas 

Transportation Commission may alter the prima facie speed limits on 

State highways and limited-access or controlled highways inside or 

 

390 These speed limits apply to passenger cars or motorcycles, passenger cars or light trucks towing a trailer bearing a vessel, passenger cars 

or light trucks towing a trailer used primarily to transport a motorcycle, or passenger cars or light trucks towing a trailer or semi-trailer used 

primarily to transport dogs or livestock. TX TRANSP § 545.352(b)(2). A “light truck” is defined as a truck with a carrying capacity of not 

more than 2,000 lbs., and includes pick-up trucks, panel delivery trucks and carry-all trucks. TX TRANSP § 545.352(d)(2).
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SUMMARY OF SPEED LAWS, 12TH EDITION

226

outside of any municipality.391 TX TRANSP § 545.353(a), (f).

II. Based on engineering and traffic investigations, the Texas Turnpike 

Authority or any Regional Tollway Authority may alter the prima facie 

speed limits on highways under their jurisdictions including those 

inside or outside any municipality.392 TX TRANSP § 545.354(a), (d).

III. Based on engineering and traffic investigations, county court 

commissioners may increase the prima facie speed limits on highways 

under their jurisdictions. In addition, they may declare lower speed 

limits if the prima facie limits are unreasonable or unsafe.393

TX TRANSP § 545.355(a). For counties with a population greater 

than 78,000, this authority may be delegated to the county engineer.

TX TRANSP § 251.159.

IV. Based on engineering and traffic investigations, municipalities 

may alter the prima facie speed limits on highways under their 

jurisdictions.394 TX TRANSP § 545.356(a), (b).

V. Texas law gives United States military commanders the authority to 

alter the prima facie speed limits on State highways within a United 

States military reservation.395 TX TRANSP § 545.358.

VI. Based on investigations, the Texas Transportation Commission, 

the Texas Turnpike Authority or a local government may establish safe 

maximum speed limits for bridges or other elevated structures under 

their respective jurisdictions. TX TRANSP § 545.361(e).

VII. The State Transportation Commission and local governments are 

required to hold public hearings upon request once each calendar year 

to consider prime facie speed limits on highways that are under their 

respective jurisdictions and that are near public or private elementary 

or secondary schools or institutions of higher education. 

TX TRANSP § 545.357.

VIII. The Commissioners Court of a county may request the Texas 

Transportation Commission to establish prima facie speed limits for 

farm/ranch-to-market roads without improved shoulders that are lower 

than those provided for under TX TRANSP § 545.352. 

TX TRANSP § 545.3535(a).

IX. A local authority may regulate the speed of a vehicle in a public 

park. TX TRANSP § 542.202(a)(6).

X. The State may establish a speed limit of 85 mph on a part of the 

State highway system if engineering and traffic investigations reveal 

that 85 mph is a reasonable speed and that part of the highway system 

is designed for travel at such a speed. TX TRANSP § 545.353(h-2).

Minimum Speed Limit: I. No person shall drive so slowly as to impede the normal and 

 

391 However, the following limitations apply: a speed limit cannot be established greater than 75 mph; and the speed limits established per 

TX TRANSP § 545.352(b)(5) for certain vehicles outside an urban district cannot be changed. TX TRANSP § 545.353(d). 392 However, a speed limit cannot be established greater than 75 mph. TX TRANSP § 545.354(e)(2). 393 However, a speed limit can neither be established greater than 75 mph nor less than 30 mph. TX TRANSP § 545.355. 394 However, a speed limit cannot be established greater than 60 mph. TX TRANSP § 545.356(a), (b). If there is a conflict in the 

established speed limits by a municipality and the Texas Transportation Commission for any highway, the speed limit established by the 

State prevails. TX TRANSP § 545.359.

395 However, a speed limit cannot be established greater than 60 mph. TX TRANSP § 545.358. If there is a conflict in the established 

speed limits by the U.S. Commander and the Texas Transportation Commission for any highway, the speed limit established by the State 

prevails. TX TRANSP § 545.359.
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SUMMARY OF SPEED LAWS, 12TH EDITION

227

reasonable movement of traffic. TX TRANSP § 545.363(a).

II. A person driving at less than the normal speed of traffic shall drive 

in the right-hand lane then available for traffic or as close as 

practicable to the right-hand curb or edge of the roadway. 

TX TRANSP § 545.051(b).

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the Texas 

Transportation Commission, the Texas Turnpike Authority or a local 

government may establish minimum speed limit for any highway 

under their jurisdictions. TX TRANSP § 545.363(b). 

Note: Official traffic control devices may be erected directing slowmoving traffic to use designated lanes. TX TRANSP § 545.060(c).

Other: I. Operating vehicles in the following types of situations in excess of 

the given speed limits is prima facie evidence that such speed is not 

reasonable and prudent and is unlawful. TX TRANSP § 545.352(a).

A) A manufactured house or house trailer cannot be towed in excess of 

the posted speed limit or 55 mph, whichever is less. 

TX TRANSP § 623.101(a).

B) A school bus with a commercial motor vehicle inspection cannot be 

driven greater than 60 mph outside an urban district on a “numbered” 

highway or farm-to-market road. TX TRANSP §545.352(b)(4)(A).

C) A school bus without a commercial motor vehicle inspection cannot 

be driven greater than 50 mph outside an urban district. 

TX TRANSP §545.352(b)(4)(B).

D) A school bus with or without a commercial motor vehicle 

inspection cannot be driven greater than 50 mph outside an urban 

district on a highway that has not been “numbered”. 

TX TRANSP §545.352(b)(4)(B).

II. 30 mph is the maximum speed limit in a county park that borders 

the Gulf of Mexico. TX TRANSP §750.002.

III. A vehicle equipped with solid rubber or cushion tires may not be 

operated greater than 10 mph. TX TRANSP § 545.361(b)

IV. Self-propelled agricultural machinery used for planting “food 

materials” and not designed for transportation purposes may not be 

operated greater than 30 mph. TX TRANSP § 545.361(d).

Low Speed Vehicles:

Permitted on Public Roads

(Yes/No):

Yes. On public roads with a speed limit of 35 mph or less. 

TX TRANSP § 551.303.

Maximum Speed Permitted: 25 mph. TX GOVT § 2158.001(5).

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Misdemeanor. TX TRANSP § 542.301;TX TRANSP § 750.002(b).

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: Not less than $1 or more than $200. TX TRANSP § 542.401; 

TX TRANSP § 750.002(b).
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SUMMARY OF SPEED LAWS, 12TH EDITION

228

Mandatory Minimum Term / Fine: $1

Other Penalties:

Traffic School: N/A

 Other: Double Fines:

396 If a speeding offense occurs in a construction zone 

when workers are present, the minimum and maximum fines are 

doubled. TX TRANSP § 542.404.

State Traffic Fine of $30. TX TRANSP § 542.4031.

Licensing Action:

Type (Suspension / Revocation): Suspension or Revocation at the discretion of the licensing agency. 

This action is based on habitually reckless or negligent vehicle 

operation or habitual violation of the traffic laws.397

TX TRANSP § 521.292(a)(2), (3); TX TRANSP § 521.294.

Term of License Suspension / 

Revocation:

Revocation – Indefinite Period. TX TRANSP § 521.312(a).

Suspension – Not more than 1 year. TX TRANSP § 521.293.

Mandatory Minimum Term: Revocation– The revocation period cannot be probated and, therefore, 

appears to be mandatory. TX TRANSP § 521.309

Suspension– None. A suspension may be probated and is, therefore, 

not mandatory.398 TX TRANSP § 521.309.

Other Criminal Actions Related to 

Speeding:

Racing on Highway: First offense – Class B misdemeanor;

Second offense – Class A misdemeanor;

Third or subsequent offense – State Jail felony;

Resulted in bodily injury – 3rd Degree felony;

Resulted in serious bodily injury or death – 2nd Degree felony.

TX TRANSP § 545.420; TX Penal Code § 12.21; 

TX Penal Code § 12.22; TX Penal Code § 12.33; 

TX Penal Code § 12.34; TX Penal Code § 12.35

Sanctions:

Imprisonment Term / Fine: First offense – Not more than $2,000 and/or not more than 180 days. 

TX Penal Code § 12.22.

Second offense – Not more than $4,000 and/or not more than 1 year. 

TX Penal Code § 12.21.

Third or subsequent offense – Not less than 180 days or more than 2 

years and may be fined not more than $10,000. 

TX Penal Code § 12.35.

Bodily injury – Not less than 2 years or more than 10 years and may 

 

396 The law also provides for double fines (i.e., from $1 but not more than $200 to $2 but not more than $400) for violating a “warning 

sign” in a construction zone where workers are present. TX TRANSP § 472.022(a), (d). 

397 A “habitual violator” is defined as a person who has committed either four or more traffic offenses within 12 months or 7 or more 

offenses within 24 months. TX TRANSP § 521.292(b).

398 If a license suspension is probated, the offender must be placed on probationary status for a period of not less than 90 days or more than 

2 years. TX TRANSP § 521.309(e).
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SUMMARY OF SPEED LAWS, 12TH EDITION

229

be fined not more than $10,000. TX Penal Code § 12.34.

Seriously bodily injury or death – Not less than 2 years or more than 

20 years and may be fined $10,000. TX Penal Code § 12.33.

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Suspension or Revocation (Discretionary) based on either habitually 

reckless/negligent vehicle operation or habitual violation of the traffic 

laws. TX TRANSP § 521.292 (a)(1), (2); TX TRANSP § 521.294.

 Term of License Suspension / 

Revocation:

Revocation – Indefinite Period. TX TRANSP § 521.312(a).

Suspension – Not more than 1 year. TX TRANSP § 521.293.

 Mandatory Minimum Term: Revocation – The revocation period cannot be probated and, therefore, 

appears to be mandatory. TX TRANSP § 521.309

Suspension – None. A suspension may be probated and is, therefore, 

not mandatory. TX TRANSP § 521.309.

Other: Double Fines: If a speeding offense occurs in a construction zone 

when workers are present, the minimum and maximum fines are 

doubled. TX TRANSP § 542.404.

State Traffic Fine of $30. TX TRANSP § 542.4031.

Incarceration Costs: A person who has been convicted of a 

misdemeanor offense may be required to pay the cost, at a rate of $25

per day, for any incarceration time served in a county jail. Indigent 

defendants may not be required to pay this cost. 

TX CRIM PRO Art. 42.038(a), (c).

Community Service: A court may impose community service in lieu 

of active jail time, and require a defendant to pay an administrative fee

of $50. TX CRIM PRO Art. 42.036.

Forfeiture/Impoundment: A peace officer may require a vehicle used 

in a race to be taken to the nearest government garage storage center 

for a period not to exceed 15 days. If the defendant has been convicted 

previously of racing, the vehicle shall be forfeited if the defendant 

owned the vehicle at the time of the offense or is an owner of the 

vehicle at the time of the conviction. TX TRANSP § 545.420(i), (j). 

Reckless Driving: Misdemeanor. TX TRANSP § 545.401.

Sanctions:

 Imprisonment Term / Fine: Not more than $200 and/or not more than 30 days. 

TX TRANSP § 545.401(b).

Mandatory Minimum Term / Fine: None

Licensing Action:

 Type (Suspension / Revocation): Suspension or Revocation (Discretionary) based on either habitually 

reckless/negligent vehicle operation or habitual violation of the traffic 

laws. TX TRANSP § 521.292 (a)(1), (2); TX TRANSP § 521.294.
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SUMMARY OF SPEED LAWS, 12TH EDITION

230

Term of License Suspension / 

Revocation:

Revocation – Indefinite Period. TX TRANSP § 521.312(a).

Suspension – Not more than 1 year. TX TRANSP § 521.293.

 Mandatory Minimum Term: Revocation – The revocation period cannot be probated and, therefore, 

appears to be mandatory. TX TRANSP § 521.309

Suspension – None. A suspension may be probated and is, therefore, 

not mandatory. TX TRANSP § 521.309.

Other: Double Fines: If an offense occurred in a construction zone when 

workers were present, the maximum fine is doubled. 

TX TRANSP § 542.404.

State Traffic Fine of $30. TX TRANSP § 542.4031.

Incarceration Costs: A person who has been convicted of a 

misdemeanor offense may be required to pay the cost, at a rate of $25

per day, for any incarceration time served in a county jail. Indigent 

defendants may not be required to pay this cost. 

TX CRIM PRO Art. 42.038(a), (c).

Community Service: A court may impose community service in lieu 

of active jail time, and may require a defendant to pay an 

administrative fee of $50. TX CRIM PRO Art. 42.036.

Automated Speed Enforcement: No by S.P. Photographic enforcement systems may only be used to 

detect violations of traffic-control signals (red light cameras). 

TX TRANSP § 707.006; TX TRANSP § 707.003.

Limitations of Use of Speed 

Measurement Devices:

No. It appears, at a minimum, that radar devices are permitted. In fact, 

the use of a radar interference device is prohibited. See State v. 

Mendoza, 365 S.W.3d 666 (Tex.Crim.App. 2012); 

TX TRANSP § 547.616.

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a 

vehicle that person commits 2 “serious traffic violations”399 within a 3-

year period or 3 such violations within a 3-year period. 

TX TRANSP § 522.081(a)(1), (2).

Period of Disqualification: Two serious violations (within 3 years) – Not less than 60 days; 

Three serious violations (within 3 years) – Not less than 120 days. 

TX TRANSP § 522.081(a)(1), (2).

 

399 A “serious traffic violation” includes exceeding the speed limit by 15 and more mph and reckless driving. TX TRANSP § 522.003(25).
UTAH

SUMMARY OF SPEED LAWS, 12TH EDITION

231

JURISDICTION UTAH

Reference: Utah Code Annotated

Utah Administrative Code (UT ADC)

Basis for a Speed Law Violation: 

Basic Speed Rule: A person may not operate a vehicle at a speed greater than is 

reasonable and prudent under the existing conditions, giving regard to 

the actual and potential hazards then existing, including when 

approaching and crossing an intersection or railroad grade crossing; 

approaching and going around a curve; approaching a hill crest; 

traveling upon any narrow or winding roadway; and approaching other 

hazards that exist due to pedestrians, other traffic, weather, or highway 

conditions. UT ST § 41-6a-601(1).

Statutory Speed Limit: 55 mph, except as noted, on highways or streets;

25 mph in an urban district;

20 mph in a “reduced speed school zone.”

UT ST § 41-6a-601(2); UT ST § 41-6a-604.

Posted (Maximum) Speed Limit: I. Based on traffic engineering and safety studies, the Department of 

Transportation may establish different speed limits on highways 

under its jurisdiction.400 UT ST § 41-6a-602. Note: The maximum 

posted speed limit cannot exceed 65 mph on regular highways or 75 

mph on limited access ones. UT ST § 41-6a-602(3).

II. Based on traffic engineering and safety studies, a local government 

may establish different speed limits on highways under its 

jurisdiction. UT ST § 41-6a-603. Note: The maximum posted speed 

limit cannot exceed those noted above. UT ST § 41-6a-602(3);

UT ST § 41-6a-603(2).

Minimum Speed Limit: I. A person may not operate a motor vehicle at a speed so slow as to 

impede or block the normal and reasonable movement of traffic. 

UT ST § 41-6a-605.

II. A person driving at less than the normal speed of traffic shall drive 

in the right-hand lane then available for traffic or as close as 

practicable to the right-hand curb or edge of the roadway. 

UT ST § 41-6a-701(3).

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the Department of 

Transportation or a local government may establish a minimum speed 

limit for a highway on highways within their respective jurisdictions.

UT ST § 41-6a-605(3).

Other: The governor may, by proclamation, alter speed limits on State 

highways in time of war or emergency. UT ST § 41-6a-601(4).

 

400 This includes the establishment of different highway speed limits for different types of vehicles, at different times of the day, for 

highway construction, for various weather conditions, or for other highway safety factors. UT ST § 41-6a-602(2). Note: The Department 

of Transportation or a local government “may designate a specific lane or lanes of travel for any type of vehicle on a highway or portion of 

a highway under their respective jurisdictions for the safety of the public, efficient maintenance of a highway, or use of high occupancy 

vehicles.” UT ST § 41-6a-702(4)(a).
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Low Speed Vehicles:

Permitted on Public Roads

(Yes/No):

Yes. On public roads with a speed limit of 35 mph or less. 

UT ST § 41-6a-1502(5).

Maximum Speed Permitted: 25 mph. UT ST § 41-6a-102(28).

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Class C misdemeanor. UT ST § 41-6a-202(1); 

UT ST § 41-6a-604(2).

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: Not more than 90 days and/or not more than $750.

401

UT ST § 76-3-204(3); UT ST § 76-3-301(1)(e).

Mandatory Minimum Term / Fine: The following mandatory minimum fines are imposed for driving 

greater than 20 mph in a “reduced speed school zone”: 

First offense: 

21-29 mph = $50;

30-39 mph = $125;

40 mph or more = $275.

Second or subsequent offense:

21-29 mph = $50;

30-39 mph = $225;

40 mph or more = $525 UT ST § 41-6a-604(2)(a). 

Note: The court may order community service in lieu of these fines or 

any portion of such fine. The court shall order the person to perform 

compensatory service observing a crossing guard if the conviction is 

for driving 30 mph or more over the speed limit for a first offense or a 

second or subsequent offense within 3 years. UT ST § 41-6a604(2)(b).

Other Penalties:

Traffic School: An offender may reduce the number of points on the driving record by 

completing a Defensive Driving Course. UT ADC R708-3-3; 

UT ADC R708-3-5(1)(b).

Licensing Action:

Type (Suspension / Revocation): Suspension through a point system.402 UT ST § 53-3-221(1)(f), (4).

 

401 This is the maximum fine that may be imposed. However, the actual fine that is usually imposed for an offense is one that has been 

established via the Uniform Recommended Fine Schedule. This schedule is established via the State’s Judicial Council. 

UT ST § 76-3-301.5. 402 Point System: I. Offenders Age 21 Years and Older: The following accumulation of points and suspension periods apply: 200-399 

points = 3 months; 400-599 points = 6 months; 600 or more points = 1 year. In addition, “[t]he suspension time is doubled, up to a 

maximum of one year, for a second or subsequent suspension within a three-year period.” UT ADC R708-3-6. Offenders Under the Age 

of 21: The following accumulation of points and suspension periods apply: 140-199 points = license “denial” for 30 days; 140-199 (within 

3 years of first denial) = 60-day denial; 140-199 (within 3 years of 2nd denial) = 90-day denial; 200-249 points = 60-day suspension; 250-

349 points = 90-day suspension; 350-449 points = 6-month suspension; 450 points or more = 1-year suspension. Also, “[a] third or 
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Term of License Suspension / 

Revocation:

Not more than 1 year. UT ST § 53-3-221(9)(a).

Mandatory Minimum Term: None. License suspension action is discretionary.

Miscellaneous Sanctions Not 

Included Elsewhere:

Double Fine for Speeding in Construction Zones: A person who is 

convicted of speeding in a construction zone when workers are present

and notice is posted is subject to a fine which is double the amount of 

the fines in the Uniform Recommended Fine Schedule. 

UT ST § 41-6a-209(2)(a).

Other Criminal Actions Related to 

Speeding:

Racing on Highway: Class B misdemeanor. UT ST § 41-6a-606.

Sanctions:

Imprisonment Term / Fine: Not more than 6 months and/or not more than $1,000.

UT ST § 76-3-204(2); UT ST § 76-3-301(d).

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Suspension. UT ST § 41-6a-606(4)(a).

 Term of License Suspension / 

Revocation:

First offense – 60 days;

Second offense (within 3 years) – 90 days. UT ST § 41-6a-606(4)(a); 

UT ST §53-3-220(1)(a)(xvi).

 Mandatory Minimum Term: The terms above appear to be mandatory.

Other: 60 points assessed against driving record. An offender may reduce the 

number of points on the driving record by completing a Defensive 

Driving Course. UT ADC R708-3-3; UT ADC R708-3-5(1)(b).

Reckless Driving:

403 Class B misdemeanor. UT ST § 41-6a-528.

Class A misdemeanor (risk of death or serious injury). 

UT ST § 76-5-112.

Sanctions:

 Imprisonment Term / Fine: Not more than 6 months and/or not more than $1,000.

UT ST § 76-3-204(2); UT ST § 76-3-301(d).

 

additional sanction within a three-year period will result in a suspension at the next highest threshold, which doubles in length for each 

succeeding sanction within the three-year period up to a maximum of one year.” UT ADC R708-3-8. II. The following points have been 

assigned to speeding and speed-related traffic law violations: reckless driving = 80 points; racing/drag racing/acceleration 

contest/exhibition speed = 60 points; careless driving = 50 points; negligent driving = 50 points; speeding too fast for conditions = 50 

points; speeding 1-10 mph over the speed limit = 35 points; speeding 15-19 mph over the speed limit = 55 points; speeding 21 mph or 

more over the speed limit = 75 points; exceeding the speed limit by less than 11 mph on an interstate = 35 or 55 points; speeding too fast 

for conditions = 50 points; exceeding the speed limit in a school zone = 35 points/55 points; driving too slow = 50 points. UT ST § 53-3-

209(2); UT ST § 53-3-221(4); UT ADC R708-3-4(2); and the Point Violation Code Table as prepared by the Utah Driver License Division 

of the Department of Public Safety http://publicsafety.utah.gov/dld/documents/acdmasterapr2010.pdf). 403 Reckless Driving is defined as operating a vehicle “in willful or wanton disregard for the safety of persons or property” or “while 

committing three or more moving traffic violations under Title 41, Chapter 6, Traffic Rules and Regulations, in a series of acts within a 

single continuous period of driving.” 
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SUMMARY OF SPEED LAWS, 12TH EDITION

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Risk of Death or Serious Injury: Not more than 1 year and/or a fine 

of not more than $2,500. UT ST § 76-3-204(1); 

UT ST § 76-3-301(1)(c).

Mandatory Minimum Term / Fine: None

Licensing Action:

 Type (Suspension / Revocation): Suspension through a point system based on a conviction of a serious 

traffic offense or frequent traffic law violations. 

UT ST § 53-3-221(1)(d), (f). 

Suspension (by the court):

First offense – If the court recommends suspension, the division may 

suspend the license for 3 months after a hearing. 

UT ST § 53-3-220(1)(a)(viii).

Revocation (based on 2 convictions within 12 months). 

UT ST §53-3-220(1)(a)(viii).

Term of License Suspension / 

Revocation:

Suspension (point system) – Not more than 1 year. 

UT ST § 53-3-221(8)(a).

Suspension (by the court) – 3 months. UT ST §53-3-220(1)(a)(viii).

Revocation (2 convictions within 12 months) – 1 year. 

UT ST §53-3-220(1)(a)(viii); UT ST § 53-3-225(1)(a).

 Mandatory Minimum Term: The revocation period of 1 year is mandatory. 

UT ST § 53-3-225(1)(a).

Other: 80 points assessed against driving record. An offender may reduce the 

number of points on the driving record by completing a Defensive 

Driving Course. UT ADC R708-3-3; UT ADC R708-3-5(1)(b).

Automated Speed Enforcement: Limited: “Photo radar”404 is permitted in school zones or other areas 

with a posted speed limit of 30 mph or less; a law enforcement officer 

must also be present, signs must be posted providing notice to 

motorists of the use of photo radars, and photo radars must be approved 

by the appropriate local governing body. UT ST § 41-6a-608.

Limitations of Use of Speed 

Measurement Devices:

No. It appears, at a minimum, that radar and laser devices are 

permitted, and the use of radar jamming devices is prohibited. 

UT ST § 41-6a-609; see e.g., State v. Lafond, 68 P.3d 1043 

(Utah App. 2003).

Commercial Motor Vehicle (CMV) 

Operators:

 

404 “Photo Radar” means a device used primarily for highway speed limit enforcement substantially consisting of a low power Doppler 

radar unit and camera mounted in or on a vehicle, which automatically produces a photograph of a vehicle traveling in excess of the legal 

speed limit, with the vehicle's speed, the date, time of day, and location of the violation printed on the photograph. UT ST § 41-6a-608.
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SUMMARY OF SPEED LAWS, 12TH EDITION

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Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a 

vehicle that person commits 2 “serious traffic violations”405 within a 3-

year period or 3 such violations within a 3-year period. 

UT ST § 53-3-414(6)

Period of Disqualification: Two serious violations (within 3 years) – Not less than 60 days; 

Three serious violations (within 3 years) – Not less than 120 days. 

UT ST § 53-3-414(6).

 

405 A “serious traffic violation” includes exceeding the speed limit by 15 or more mph and reckless driving. UT ST §53-3-402(18).
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SUMMARY OF SPEED LAWS, 12TH EDITION

236

JURISDICTION VERMONT

Reference: Vermont Statutes Annotated

Basis for a Speed Law Violation: 

Basic Speed Rule: I. No person shall drive a vehicle at a speed greater than is reasonable 

and prudent under the conditions, having regard for the actual and 

potential hazards then existing. In every event, speed shall be 

controlled as necessary to avoid colliding with any person, vehicle or 

other object on or adjacent to the highway. VT ST Title 23 § 1081(a).

II. The driver of every vehicle shall drive at an appropriate, reduced 

speed when approaching and crossing an intersection or railway grade 

crossing, when approaching and going around a curve, when 

approaching the crest of a hill, when traveling upon any narrow or 

winding roadway, and when special hazards exist.

VT ST Title 23 § 1081(d).

Statutory Speed Limit: 50 mph on any highways. VT ST Title 23 § 1081(b).

Posted (Maximum) Speed Limit: I. The State may establish via regulations speed limits for interstate, 

limited-access and controlled-access highways. The traffic committee 

shall not set a speed limit exceeding 55 mph on any highway.

VT ST Title 23§ 1004(a), (b); VT ST Title 23§ 1081(c).

II. Based on engineering and traffic investigations, the State may 

increase or decrease the above speed limit on non-interstate 

highways.406 VT ST Title 23 § 1003; VT ST Title 23§1081(c).

III. Based on engineering and traffic investigations, a municipal or 

city government may increase or decrease the above speed limit on 

highways or streets under its jurisdiction. However, no speed limit 

shall be greater than 50 mph or less than 25 mph. 

VT ST Title 23§ 1007(a), (b); VT ST Title 23§1081(c).

IV. Without an engineering and traffic investigation, a municipal 

government may establish a speed limit on all or a portion on any 

unpaved highway within its jurisdiction at not more than 50 mph or 

less than 35 mph. VT ST Title 23 § 1007(a). Note: Although a formal 

engineering and traffic investigation is not required, the law does 

provide that the municipality consider “neighborhood character, 

abutting land use, bicycle and pedestrian use and physical 

characteristics of the highways....”VT ST Title 23 §1007(a)(1).

V. Based upon an investigation, the State may establish a safe 

maximum speed for any bridge or elevated structure.

VT ST Title 23 § 1083(b), (c).

Minimum Speed Limit: I. Although this State does not have a minimum speed rule, it does 

have a statute that requires a person who is impeding traffic to “pull 

off the highway at the first opportunity to allow the traffic to pass 

before proceeding. “VT ST Title 23 § 1082.

II. A person driving at less than the normal speed of traffic shall drive 

 

406 On these highways, different speed limits may be established for different types of vehicles, for different times of the day, for various 

weather conditions and for other factors bearing on safe speeds. VT ST Title 23 § 1003.
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SUMMARY OF SPEED LAWS, 12TH EDITION

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in the right-hand lane then available for traffic or as close as 

practicable to the right-hand curb or edge of the roadway. 

VT ST Title 23 § 1031(b); VT ST Title 23§1082.

Posted (Minimum) Speed Limit: N/A

Other: I. A local government may establish special speed limits via 

regulations for construction zones or for special occasions. 

VT ST Title 23 § 1010; VT ST Title 23 §1081(c).

II. A person shall not drive a vehicle that is equipped with iron, steel or 

solid rubber tires greater than 10 mph. VT ST Title 23 § 1083(a).

III. No person shall tow a trailer407 greater than 35 mph. 

VT ST Title 23 § 1083(d).

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Traffic violation (Civil Actions). VT ST Title 23 § 2302(a), (b).

Sanctions Following an Adjudication

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: Not more than $1,000.

408 VT ST Title 23 § 2302(b), (c).

Not more than $50 for exceeding the maximum safe speed for a bridge 

or elevated structure. VT ST Title 23 § 1083(b);

VT ST Title 23§1096(a).

Mandatory Minimum Term / Fine: None

Other Penalties:

Traffic School: An offender may be required to attend a driver-retraining course. 

VT ST Title 23§ 721; VT ST Title 23§722.

Licensing Action:

Type (Suspension / Revocation): Suspension through a point system.409 VT ST Title 23 § 2501et. seq.

Suspension based on report of law enforcement that the safety of the 

public has or will be imperiled.410 VT ST Title 23 § 671(b).

 

407 This applies only to trailers that are exempt from certain weight requirements of VT ST Title 23 § 1307. 408 Speeding offense penalties are normally determined by a waiver schedule established by the Judicial Bureau. VT ST Title 4 § 

1102(b)(1), (d).

409 Point System: I. An offender is subject to license suspension if that person accumulates at least 10 points within a 2-year period. VT 

ST Title 23 § 2505. The following suspension periods are imposed for the indicated point accumulations: 10 points = 10 days; 15 points = 

30 days; 20 points = 90 days; each additional 5 points thereof = additional 30 days; for death or serious bodily injury = 1 year in addition 

to the suspension under the point values. VT ST Title 23 § 2506. II. The following points have been assigned to speeding and speedrelated offenses: violation of regulations governing speed on interstate highways = 2 points; violation of basic speed rule and maximum 

speed limit = 2 points; violation of slow moving vehicle law/driving at less than the normal speed of traffic and except in the right lane = 2 

points; violation of special speed limits under VT ST Title 23 § 1083 = 2 points; ; negligent vehicle operation = 10 points; exceeding the 

posted State or local speed limit by less than 10 mph = 2 points; exceeding the posted State or local speed limit by 11-20 mph = 3 points; 

exceeding the posted State or local speed limit by 21-30 mph = 5 points; exceeding the posted State or local speed limit by more than 30 

mph = 8 points. VT ST Title 23 § 2502. 410 This is a discretionary action by the commission, who may suspend such license without a hearing. VT ST Title 23 § 671(b).
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SUMMARY OF SPEED LAWS, 12TH EDITION

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Term of License Suspension / 

Revocation:

Suspension (point-based) – Any period from 10 days to over 90 days. 

VT ST Title 23 § 2506.

Suspension (based on report) – Not more than 15 days. 

VT ST Title 23 § 671(b).

Mandatory Minimum Term: Suspensions under the point system appear to be mandatory.

Miscellaneous Sanctions Not 

Included Elsewhere:

The penalty for speed violations in construction and maintenance work 

zones shall be twice the penalty for non-work site violations. 

VT ST Title 23 § 1010(b).

Other Criminal Actions Related to 

Speeding:

Excessive Speed:

411 Misdemeanor. VT ST Title 13 § 1; VT ST Title 23 § 1097.

Sanctions:

Imprisonment Term / Fine: First conviction – Not more than 3 months and/or not more than $300; 

Second conviction – Not more than 6 months and/or not more than 

$500. VT ST Title 23 § 1097.

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Suspension through a point system. VT ST Title 23 § 2501et. seq.

Suspension based on report of law enforcement that the safety of the 

public has or will be imperiled. VT ST Title 23 § 671(b).

 Term of License Suspension / 

Revocation:

Suspension (point-based) – Any period from 10 days to over 90 days. 

VT ST Title 23 § 2506.

Suspension (based on report) – Not more than 15 days. 

VT ST Title 23 § 671(b).

 Mandatory Minimum Term: Suspensions under the point system appear to be mandatory.

Other: 8pointsassessed against driving record. VT ST Title 23 § 2506.

An offender may be required to attend a driver-retraining course. 

VT ST Title 23 § 721; VT ST Title 23§722.

Negligent Motor Vehicle 

Operation:

412

Misdemeanor. VT ST Title 13 § 1; VT ST Title 23 § 1091.

Sanctions:

 Imprisonment Term / Fine: First offense – Not more than 1 year and/or not more than $1,000;

Subsequent offense – Not more than 2 years and/or not more than 

$3,000. VT ST Title 23 § 1091(a)(3).

Mandatory Minimum Term / Fine: None

 

411 “Excessive speed” is defined as operating a motor vehicle on a public highway at a speed of 60 mph or more and at least 30 mph in 

excess of a State speed zone or local speed limit. VT ST Title 23 § 1097.

412 The standard for “negligence” is ordinary negligence examining whether the person breached a duty to exercise ordinary care. VT ST 

Title 23 § 1091(a)(2).
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SUMMARY OF SPEED LAWS, 12TH EDITION

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Licensing Action:

 Type (Suspension / Revocation): Suspension based on conviction. VT ST Title 23 § 2506.

Suspension through a point system. VT ST Title 23 § 2501et. seq.

Suspension based on report of law enforcement that the safety of the 

public has or will be imperiled. VT ST Title 23 § 671(b).

Term of License Suspension / 

Revocation:

Suspension (based on conviction):

First conviction – 30 days;

Second conviction – 90 days;

Third or subsequent conviction – 6 months (or under the point system, 

whichever is greater). VT ST Title 23 § 2506.

Suspension (point-based) – Any period from 10 days to over 90 days. 

VT ST Title 23 § 2506.

Suspension (based on report) – Not more than 15 days. 

VT ST Title 23 § 671(b).

 Mandatory Minimum Term: Suspensions under the point system appear to be mandatory.

Other: 10pointsassessed against driving record. VT ST Title 23 § 2506.

An offender may be required to attend a driver-retraining course. 

VT ST Title 23§ 721; VT ST Title 23§722.

Grossly Negligent Motor Vehicle 

Operation:

413

Misdemeanor (first offense).

Felony (subsequent offense or resulting in serious bodily injury or 

death). VT ST Title 13 § 1; VT ST Title 23 § 1091.

Sanctions:

 Imprisonment Term / Fine: First offense (misdemeanor) – Not more than 2 years and/or not more 

than $5,000;

Subsequent offense (felony) – Not more than 4 years and/or not more 

than $10,000;

Resulting in serious bodily injury or death414 (felony) – Not more than 

15 years and/or not more than $15,000. VT ST Title 23 § 1091(b)(3).

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Suspension based on conviction. VT ST Title 23 § 2506.

Suspension through a point system. VT ST Title 23 § 2501et. seq.

Suspension based on report of law enforcement that the safety of the 

public has or will be imperiled. VT ST Title 23 § 671(b).

Term of License Suspension / 

Revocation:

Suspension (based on conviction):

First conviction – 30 days;

 

413 “Gross negligence” is defined as “conduct that involved a gross deviation from the care that a reasonable person would have exercised 

in that situation.” VT ST Title 23 §1091(b)(2).

414 A person may be convicted of a separate violation for each decedent or person injured if serious bodily injury or death results to more 

than one person. Additionally, these provisions do not limit or restrict the prosecution for manslaughter. VT ST Title 23 § 1091(b)(3), (c).
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SUMMARY OF SPEED LAWS, 12TH EDITION

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Second conviction – 90 days;

Third or subsequent conviction – 6 months (or under the point system, 

whichever is greater).

If a fatality occurs, suspension shall be for 1 year in addition to the 

suspension under the point values. VT ST Title 23 § 2506.

Suspension (point-based) – Any period from 10 days to over 90 days. 

VT ST Title 23 § 2506.

Suspension (based on report) – Not more than 15 days. 

VT ST Title 23 § 671(b).

Mandatory Minimum Term: The terms for a conviction-based suspension appear to be mandatory.

 Other: I. A surcharge of $50 in additional to any fine, upon a conviction for 

grossly negligent operation of a motor vehicle. VT ST Title 23 § 2506.

III. An offender may be required to attend a driver-retraining course. 

VT ST Title 23 § 721; VT ST Title 23§722.

Automated Speed Enforcement: No statutory provision.

Limitations of Use of Speed 

Measurement Devices:

No. It appears that the use of speed measurement devices is permitted. 

See e.g., State v. de MacedoSoares, 26 A.3d 37 (Vt. 2011); VT R RCP 

Rule 80.6.

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a 

vehicle that person commits 2 “serious traffic violations”415 within a 3-

year period or 3 such violations within a 3-year period. 

VT ST Title 23 § 4116(d).

Period of Disqualification: Two serious violations (within 3 years) – 60 days; 

Three serious violations (within 3 years) – 120 days. 

VT ST Title 23 § 4116(d).

 

415 A “serious traffic violation” includes exceeding the speed limit by 15 or more mph, and reckless or negligent driving. 

VT ST Title 23 § 4103(16).
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SUMMARY OF SPEED LAWS, 12TH EDITION

241

JURISDICTION VIRGINIA

Reference: Virginia Code Annotated

Basis for a Speed Law Violation: 

Basic Speed Rule: A person cannot drive so as to exceed a reasonable speed under the 

circumstances and traffic conditions existing at the time, regardless of 

any posted speed limit.416 VA ST § 46.2-861.

Statutory Speed Limit: 70 mph(VA ST § 46.2-870)

60 mph on U.S. Routes 29, 58, 360, 460, and 17 (between the town of 

Port Royal and Saluda where they are nonlimited access, multilane, 

divided highways); (VA ST § 46.2-870)

55 mph on other interstate highways, limited-access highways with 

divided roadways, non-limited access highways with four or more 

lanes and all State primary highways; (VA ST § 46.2-870)

55 mph on all other highways for passenger motor vehicles, buses, 

pickup or panel trucks or motorcycles; (VA ST § 46.2-870)

45 mph on all other highways for trucks, tractor trucks, a combination 

of vehicles designed to transport property, or a vehicle which is towing

either another motor vehicle or a house trailer; (VA ST § 46.2-870)

35 mph on highways within a city or town excluding interstate or 

other limited access divided highways; (VA ST § 46.2-875)

35 mph on non-surface treated highways; (VA ST § 46.2-873.1)

25 mph in a business or residential district. (VA ST § 46.2-874)

Posted (Maximum) Speed Limit: I. Based on traffic engineering investigations, the Chief Executive 

Officer for Transportation or other authority may decrease the speed 

limits established under VA ST § 46.2-870, or increase or decrease the 

speed limits established under VA ST §§ 46.2-873417 through VA ST § 

46.2-875 on any highway under its jurisdiction.418 VA ST § 46.2-

873.1; VA ST § 46.2-878.

II. Based on an investigation, the Chief Executive Officer for 

Transportation may establish a safe maximum speed limit for public 

bridges, causeways, viaducts or tunnels. VA ST § 46.2-881.

III. A town with population between 14,000 and 15,000 may prohibit 

driving 20 mph or more in excess of the speed limit in a residence 

district. VA ST § 46.2-874.1.

IV. The governing bodies of the City of Falls Church or the City of 

Manassas may prohibit motor vehicle operations at a speed of 15 mph 

or more in excess of the maximum speed limit in a residence district. 

VA ST § 46.2-874.1.

V. The maximum speed limit on any highway designated a “rural 

rustic road”419 shall be 35 mph. However, all speed limits on such 

 

416 Driving too fast for conditions is a reckless driving offense. VA ST § 46.2-861. 417 This applies only to the Counties of Albemarle, Clarke, Fauquier, Frederick, Loudoun, Montgomery, Nelson, Page, Rappahannock,

Warren and Wythe. VA ST § 46.2-873.1. 418 The Chief Executive Officer for Transportation may establish different speed limits for different times of the day. VA ST § 46.2-878. 419 A “rural rustic road” is a road or road segment located in a low-density development area and has an average daily traffic volume of no 

more than 1,500 vehicles per day. VA ST § 33.1-70.1.
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SUMMARY OF SPEED LAWS, 12TH EDITION

242

roads in effect until 7/1/2008, shall remain in effect unless and until 

changed subsequent to a traffic engineering study.

VA ST § 46.2-873.2.

Minimum Speed Limit: I. No person shall drive a motor vehicle at such a slow speed as to 

impede the normal and reasonable movement of traffic. 

VA ST § 46.2-877.

II. A person driving at less than the normal speed of traffic shall drive 

in the lane nearest the right edge or right curb of the highway when 

such lane is available for travel. There is an exception to this 

requirement if the right lane of a particular highway has been reserved 

for slow-moving traffic. VA ST § 46.2-804(1).

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, either the Chief 

Executive Officer or a local government may establish a minimum 

speed for a highway. VA ST § 46.2-877.

Other: I. The maximum speed limit for a school bus shall be 45 mph or the 

minimum speed allowable, whichever is greater, on any highway 

where the maximum speed is 55 mph or less. The speed limit for a 

school bus shall be 60 mph on all interstate highways or where the 

maximum speed is more than 55 mph. VA ST § 46.2-871.

II. On highways with a speed limit 55 mph or more, vehicles operating 

under a special permit issued by the Chief Executive Officer for 

Transportation under VA ST § 46.2-1139 cannot be driven greater than 

55 mph. VA ST § 46.2-872.

III. The maximum speed limit in a school-crossing zone is 25 mph. 

Acting on a school board resolution, a local government, by an 

ordinance, may decrease the speed limit in any school-crossing zone to 

15 mph. VA ST § 46.2-873.

IV. Special speed limits may be established for highway work zones 

when workers are present. VA ST § 46.2-878.1.

V. The maximum speed for passenger vehicles that are towing utility, 

camping or boat trailers having gross weight not exceeding 2,500 lbs., 

shall be the same as for other passenger vehicles. VA ST § 46.2-876.

Low Speed Vehicles:

Permitted on Public Roads

(Yes/No):

Yes. On public roads with a speed limit of not greater than 35 mph. 

VA ST § 46.2-908.3.

Maximum Speed Permitted: 25 mph. VA ST § 46.2-100

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Traffic infraction. VA ST § 46.2-113; VA ST § 46.2-873; 

VA ST § 46.2-878.1; VA ST § 46.2-878.2. 

Class 1 misdemeanor (violation of the Basic Speed Rule). 

VA ST § 46.2-861; VA ST § 46.2-868. 

Civil Penalty (speed limit violation in residence districts). 

VA ST § 46.2-874.1
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Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: Class 1 misdemeanor– Not more than 12 months and/or not more 

than $2,500. VA ST § 18.2-11(a).

Traffic infraction –$200.

420 VA ST § 46.2-878.2.421

Mandatory Minimum Term / Fine: $200 unless the court orders 20 hours community service. 

VA ST § 46.2-878.2

Other Penalties:

Traffic School: The court or licensing agency may order an offender to attend a Driver 

Improvement Clinic. VA ST § 46.2-498; VA ST § 46.2-505.

Licensing Action:

Type (Suspension / Revocation): Class 1 Misdemeanor offense – Suspension. VA ST § 46.2-392.

Suspension through a point system.422 VA ST § 46.2-492et seq.

Term of License Suspension / 

Revocation:

Class 1 misdemeanor offense – Not less than 10 days or more than 6 

months. VA ST § 46.2-392.

Suspension through a point system – 90 days or until the offender 

completes a driver improvement clinic. VA ST § 46.2-506(B).

Mandatory Minimum Term: This appears to be mandatory.

Miscellaneous Sanctions Not 

Included Elsewhere:

I. Mandatory civil penalty of $100 for violating VA ST § 46.2-874.1.

II. A civil penalty of $100 in addition to any other penalty provided by 

law for violating VA ST § 46.2-874.1, with regard to speeding in the 

City of Falls Church and the City of Manassas.

Other Criminal Actions Related to 

Speeding:

Racing on Highway:

423 Class 1 misdemeanor. VA ST § 46.2-865; VA ST § 46.2-868.

Class 6 felony (if serious bodily injury). VA ST § 46.2-865.1(1).

Unclassified felony (if death). VA ST § 46.2-865.1(2).

 

420 The fine for exceeding the maximum posted speed limit in a work zone is not more than $500. VA ST § 46.2-878.1. Likewise, the fine 

for exceeding either the 25 or 15 mph speed limit in a school crossing zone is not more than the $250. VA ST § 46.2-873(E). 421 Sec. 46.2-878.2 makes it a traffic infraction with fine of $200 in addition to any other penalties. These signs must indicate both the 

maximum allowable speed and the penalty imposed for speeding. The Commonwealth must develop criteria for the installation of such 

signs.

422 Point System: I. An offender's license is subject to suspension if that person accumulates 18 points within 12 months or 24 points 

within 24 months. VA ST §46.2-506. II. The following points have been assigned to speeding and speed-related offenses: reckless driving

(includes all violations noted to be reckless driving offenses) = 6 points; speeding 20 mph or more above the speed limit = 6 points; racing 

on the highway = 6 points; speeding 10-19 mph above the speed limit = 4 points; speeding generally (no speed indicated) = 4 points; 

speeding in vehicles with special permits or while towing another vehicle = 4 points; speeding in a school crossing, a business/residential 

district, a city or town, on a bridge or in a work zone = 4 points; aggressive driving = 4 points; improper driving = 3 points; impeding 

traffic = 3 points; speeding 1- 9 mph above the speed limit = 3 points. VA ST § 46.2-492. III. Persons under 18 who receive points are 

subject to the following sanctions: For a first violation where points have been assigned, the person shall be directed to attend a driver 

improvement clinic. For a second violation where points have been assigned, the person shall have the driving privileges suspended for 

90 days. For a third violation where points have been assigned, the person shall have the driving privileges revoked for either 1 year or 

until reaching 18 years old whichever is the longer revocation period. VA ST§ 46.2-334.01(A)(1), (2), (3). 423 Racing on the highways is a reckless driving offense, and includes those who aided or abetted the race. VA ST § 46.2-865; VA ST § 

46.2-866.
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Sanctions:

Imprisonment Term / Fine: Not more than 12 months and/or not more than $2,500. 

VA ST § 18.2-11(a).

Serious bodily injury – Not less than 1 year or more than 5 years, or 

not more than 12 months and/or not more than $2,500. 

VA ST § 18.2-10(f); VA ST § 46.2-865.1.

Death – Not less than 1 year or more than 20 years.

VA ST § 46.2-865.1.

 Mandatory Minimum Term / Fine: Death – there is a mandatory 1 year to serve. VA ST § 46.2-865.1.

Licensing Action:

Type (Suspension / Revocation): Suspension (1st, 2nd, 3rd offenses). VA ST § 46.2-865.

Revocation (4th offense). VA ST § 46.2-394.

Term of License Suspension / 

Revocation:

Suspension – Not less than 6 months or more than 2 years. 

VA ST § 46.2-865.

Revocation – 5 years. VA ST § 46.2-394.

 Mandatory Minimum Term: Suspension – 6 months.

Revocation – 5 years.

Other: I. If the offense occurred as a result of a race that was prearranged, 

organized or planned, the vehicle used and owned by an offender must 

be forfeited to the Commonwealth. VA ST § 46.2-867.

II. The court or licensing agency may order an offender to attend a 

Driver Improvement Clinic. VA ST § 46.2-498; VA ST § 46.2-505.

III. 6 points assessed against driving record. VA ST § 46.2-492.

Reckless Driving:

424 Class 1 misdemeanor. VA ST § 46.2-852; VA ST § 46.2-868.

Class 6 felony (if death). VA ST § 46.2-868.

Sanctions:

 Imprisonment Term / Fine: Not more than 12 months and/or not more than $2,500. 

VA ST § 18.2-11(a).

Death – Not less than 1 year or more than 5 years, or not more than 12 

months and/or not more than $2,500. VA ST § 18.2-10(f).

Mandatory Minimum Term / Fine: Death – 1 year

Licensing Action:

 Type (Suspension / Revocation): Suspension by court order. VA ST § 46.2-392.

Suspension through point system. VA ST § 46.2-492et seq.

 

424 In Virginia, “reckless driving” is defined as driving “a vehicle on any highway recklessly or at a speed or in a manner so as to endanger 

the life, limb, or property of any person.” VA ST § 46.2-852.Important: Under Virginia law, the term “reckless driving offense” includes 

numerous moving violations.
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Term of License Suspension / 

Revocation:

Suspension (court order) – Not less than 10 days or more than 6 

months. VA ST § 46.2-392.

Suspension (point system) – 90 days or until the offender completes a 

driver improvement clinic. VA ST § 46.2-506(B).

 Mandatory Minimum Term: Suspension (court order) – None. Note: This court action is 

discretionary. In addition, if the court orders suspension, it may, 

nevertheless, issue an offender restricted driving privileges for 

employment, educational or medical purposes. VA ST § 46.2-392.

Suspension (point system) – 90 days or until the offender completes a 

driver improvement clinic. VA ST § 46.2-506(B). Note: This 

licensing action appears to be mandatory.

Other: I. If the offender has caused the death of another person, the 

discretionary suspension period is not more than 12 months. 

VA ST § 46.2-396.

II. The court or licensing agency may order an offender to attend a 

Driver Improvement Clinic. VA ST § 46.2-498; VA ST § 46.2-505.

III. 6 points assessed against driving record.

Exceeding the Speed Limit:

425 Class 1 misdemeanor. VA ST § 46.2-862; VA ST § 46.2-868.

Sanctions:

 Imprisonment Term / Fine: Not more than 12 months and/or not more than $2,500. 

VA ST § 18.2-11(a).

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Suspension by court order. VA ST § 46.2-392.

Suspension through point system. VA ST § 46.2-492et seq.

Term of License Suspension / 

Revocation:

Suspension (court order) – Not less than 60 days or more than 6 

months. VA ST § 46.2-393.

Suspension (point system) - 90 days or until the offender completes a 

driver improvement clinic. VA ST § 46.2-506(B).

Mandatory Minimum Term: The 90-day suspension period appears to be mandatory.

 Other: I. The court or licensing agency may order an offender to attend a 

Driver Improvement Clinic. VA ST § 46.2-498; VA ST § 46.2-505.

II. 6 points assessed against driving record. VA ST § 46.2-492.

Aggressive Driving:

426 Class 2 misdemeanor. VA ST § 46.2-868.1.

 

425 The “Exceeding the Speed Limit” offense is a reckless driving offense and is defined to mean driving 20 mph or more over a posted 

speed limit or driving in excess of 80 mph more regardless of the posted speed limit. VA ST § 46.2-862. 426 A person is guilty of aggressive driving if (i) the person violates one or more of the following: VA ST § 46.2-802 (Drive on right side of 

highways), § 46.2-804 (Failure to observe lanes marked for traffic), VA ST § 46.2-816 (Following too closely), VA ST § 46.2-821 

(Vehicles before entering certain highways shall stop or yield right-of-way), VA ST § 46.2-833.1 (Evasion of traffic control devices), VA 

ST § 46.2-838 (Passing when overtaking a vehicle), VA ST § 46.2-841 (When overtaking vehicle may pass on right), VA ST § 46.2-842 

(Driver to give way to overtaking vehicle), § 46.2-842.1 (Driver to give way to certain overtaking vehicles on divided highway), VA ST § 
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Class 1 misdemeanor (if intent to injure). VA ST § 46.2-868.1(B).

Sanctions:

 Imprisonment Term / Fine: Class 2 misdemeanor – Not more than 6 months and/or not more 

than $1,000. VA ST § 18.2-11(b).

Class 1 misdemeanor – Not more than 12 months and/or not more 

than $2,500. VA ST § 18.2-11(a).

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Suspension by court order. VA ST § 46.2-392.

Suspension through point system. VA ST § 46.2-492et seq.

Term of License Suspension / 

Revocation:

Suspension (court order) – Not less than 60 days or more than 6 

months. VA ST § 46.2-393.

Suspension(point system) - 90 days or until the offender completes a 

driver improvement clinic. VA ST § 46.2-506(B).

Mandatory Minimum Term: The 90-day suspension period appears to be mandatory.

 Other: I. The court or licensing agency may order an offender to attend a 

Driver Improvement Clinic. VA ST § 46.2-498; VA ST § 46.2-505.

II. 6 points assessed against driving record. VA ST § 46.2-492.

Improper Driving:

427 Traffic infraction. VA ST § 46.2-869.

Sanctions:

 Imprisonment Term / Fine: Not more than $500. VA ST § 46.2-869.

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Suspension through a point system. VA ST § 46.2-492et seq.

Term of License Suspension / 

Revocation:

Suspension (point system) - 90 days or until the offender completes a 

driver improvement clinic. VA ST § 46.2-506(B).

Mandatory Minimum Term: This appears to be mandatory.

 Other: I. The court or licensing agency may order an offender to attend a 

Driver Improvement Clinic. VA ST § 46.2-498; VA ST § 46.2-505.

II. 3 points assessed against driving record. VA ST § 46.2-492.

Automated Speed Enforcement: No by S.P. The law provides only for the establishment of local 

ordinances concerning red light cameras and photo-monitoring systems 

or automatic vehicle identification systems at toll facilities or in high 

 

46.2-843 (Limitations on overtaking and passing), any provision of Article 8 (VA ST § 46.2-870 et seq.) of Chapter 8 of Title 46.2 (Speed), 

or VA ST § 46.2-888 (Stopping on highways); and (ii) that person is a hazard to another person or commits an offense in clause (i) with the 

intent to harass, intimidate, injure or obstruct another person.VA ST § 46.2-868.1. 427 The court or an attorney for the Commonwealth may reduce any reckless driving offense to improper driving if “the degree of 

culpability is slight.” VA ST § 46.2-869. 
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occupancy toll lanes. The exclusion of speed cameras from the code 

indicates speed cameras are not permitted. See VA ST § 15.2-968.1; 

VA ST § 33.1-56.3; VA ST § 46.2-819.1.

Limitations of Use of Speed 

Measurement Devices:

No. The law provides that the speed of any vehicle may be determined 

by laser, radar or a microcomputer device that measures time and 

distance. VA ST § 46.2-882. 

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a 

vehicle that person commits 2 “serious traffic violations”428 within a 3-

year period or 3 such violations within a 3-year period.

VA ST § 46.2-341.20(C).

Period of Disqualification: Two serious violations (within 3 years) – 60 days; 

Three serious violations (within 3 years) – 120 days. 

VA ST § 46.2-341.20(C).

 

428 A “serious traffic violation” includes exceeding the speed limit by 15 or more mph and reckless driving. VA ST § 46.2-341.20(A).
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JURISDICTION WASHINGTON

Reference: Revised Code of Washington Annotated

Washington Administrative Code

Basis for a Speed Law Violation: 

Basic Speed Rule: I. No person shall drive a vehicle at a speed greater than is reasonable 

and prudent under the conditions and having regard to the actual and 

potential hazards then existing. In every event speed shall be so 

controlled as may be necessary to avoid colliding with any person, 

vehicle or other conveyance on or entering the highway in compliance 

with legal requirements and the duty of all persons to use due care.

II. The driver of every vehicle shall drive at an appropriate reduced 

speed when approaching and crossing an intersection or railway grade 

crossing, when approaching and going around a curve, when 

approaching a hill crest, when traveling upon any narrow or winding 

roadway, and when special hazard exists with respect to pedestrians or 

other traffic or by reason of weather or highway conditions. 

WA ST § 46.61.400(1), (3).

Statutory Speed Limit: 60 mph on State highways;

50 mph on county roads; 

25 mph on city and town streets. WA ST § 46.61-400(2).

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the secretary of 

transportation may decrease the above speed limits on any State 

highway.429 WA ST § 46.61.405.

II. Based on engineering and traffic investigations, the secretary of 

transportation may increase the above speed limits on any State 

highway. However, a posted speed limit cannot be greater than 70 

mph. WA ST § 46.61.410(1)(a)

III. Based on engineering and traffic investigations, a local 

government may increase or decrease the above speed limits on 

streets and roads under its jurisdiction. However, a posted speed limit 

cannot be established greater than 60 mph or less than 20 mph. 

WA ST § 46.61.415(1), (2).

IV. The secretary of transportation or a local government may 

establish maximum speed limits for bridges, elevated structures, 

tunnels or underpasses within their respective jurisdictions. 

WA ST § 46.61.450.

V. 15 mph in State park camps, picnic, headquarters or general public 

assemblage areas or 25 mph in other park areas. WAC 352-20-030.

Minimum Speed Limit: I. No person shall drive a motor vehicle at such a slow speed as to 

impede the normal and reasonable movement of traffic. 

 

429 I. The secretary of transportation has the authority to alter speed limits on State highways even if such highways are within the limits of 

a town or city. WA ST § 46.61.430. In order to avoid a conflict of authority, a city or town desiring to alter a speed limit on a State 

highway within their jurisdiction must obtain approval from the secretary for such alteration. WA ST § 46.61.415(5). II. The secretary of 

transportation also has the authority to establish different highway speed limits for different types of vehicles, at different times of the day, 

for various weather conditions, or for other factors bearing on safe speeds. WA ST § 46.61.405; WA ST §46.61-410; 

WA ST §46.61-415(4).
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WA ST § 46.61.425(1).

II. No person shall drive continuously in the left lane of a multi-lane 

roadway when doing so impedes the flow of traffic.

WA ST § 46.61.100(4).

III. When driving a vehicle on a highway having two or more lanes of 

traffic in the same direction, a person shall drive in the right-hand lane 

except when traveling at a speed greater than the traffic flow. 

WA ST § 46.61.100(2).

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the secretary of 

transportation or a local government may establish a minimum speed 

limit for highways, streets or roads within their respective 

jurisdictions. WA ST § 46.61.425(2).

Other: I. 60 mph is the maximum speed limit for vehicles weighing greater 

than 10,000 lbs. WA ST § 46.61.410(2)

II. Except when a lower speed limit is authorized, the maximum speed 

limit in a marked school or playground crosswalk is 20 mph. The 

speed zone extends 300 ft., in either direction of the marked crosswalk. 

WA ST § 46.61.440(1), (2).

III. A person cannot operate a vehicle that is equipped with solid 

rubber or hollow center cushion tires greater than 10 mph. 

WA ST § 46.61.455.

IV. The secretary of transportation may establish a speed limit for any 

roadway construction zone using traffic control devices. 

WA ST § 46.61.527(2).

Low Speed Vehicles:

Permitted on Public Roads

(Yes/No):

Yes. On public roads with a speed limit of 35 mph or less.

WA ST § 46.61.725.

Maximum Speed Permitted: 25 mph. WAC 204-10-021; 49 CFR 571.3.

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Traffic infraction. WA ST § 46.61.100(4); WA ST § 46.63.020. 

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: Not more than $250.

430 WA ST § 46.63.110(1).

Mandatory Minimum Term / Fine: None.

 

430 Fine Schedule: The State Supreme Court is required to establish a monetary penalty schedule for traffic infractions. WA ST § 

46.63.110. Under this law, the court has established the following fines for speeding offenses, by way of Infraction Rules for Courts of 

Limited Jurisdiction (“WA R INFR LTD JURIS IRLJ”) Rule 6.2: I. For speed limits over 40 mph, the following fine schedule applies: 1-5 

mph over the speed limit = $27; 6-10 mph = $37; 11-15 mph =$52; 16-20 mph = $67; 21-25 mph =$82; 26-30 mph = $102; 31-35 = $127; 

36-40 mph = $152; over 40 mph = $182. II. For speed limits 40 mph or less, the following fine schedule applies: 1-5 mph over the speed 

limit = $37; 6-10 mph = $42; 11-15 mph = $57; 16-20 mph = $77; 21-25 mph = $102; 26-30 mph = $127; 3-35 mph = $152; over 35 mph 

= $182. III. The following fine schedule applies for other speeding and other related offenses: speeding too fast for conditions = $42; 

impeding traffic = $42; speeding in State parks = $42; on a multilane highway, failure to drive in the right lane except when traveling at a 

speed greater than the traffic flow = $42. WA R INFR LTD JURIS IRLJ Rule 6.2.
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Other Penalties:

Traffic School: N/A

 Other: I. For traffic infractions, an offender may be allowed to perform 

community service in lieu of a fine. WA ST § 46.63.120(2).

II. Double Fines: There is a mandatory fine for exceeding the speed 

limit in either a marked school/playground crosswalk or a construction 

zone which is double the normal amount. WA ST § 46.61.440(3); 

WA ST § 46.61.527(3)

Licensing Action:

Type (Suspension / Revocation): Suspension based upon frequent violations.431 WA ST § 46.20.291(3).

Term of License Suspension / 

Revocation:

Not more than 1 year. WA ST § 46.20.311(1)(a).

Mandatory Minimum Term: None. This licensing action is discretionary.432 WA ST § 46.20.291. 

Note: If a person’s license is suspended, an occupational license is 

available. WA ST § 46.20.391(2).

Miscellaneous Sanctions Not 

Included Elsewhere:

Public Safety and Education Assessment: In addition to any other 

fine, an offender is subject to two public safety and education 

assessments and 1 monetary penalty. The first assessment is equal to 

70 % of any fine imposed. The second is equal to 50 % of the first. 

WA ST § 3.62.090(1), (2).

Other Monetary Penalties: An offender is also subject to each of the 

following fees per infraction: $20 (this does not apply to speeding 

offenses in construction zones); $5 (emergency medical services and 

trauma care system); $10 (auto theft prevention); $2 (traumatic brain 

injury). WA ST § 46.63.110(7), (8)(a).

Other Criminal Actions Related to 

Speeding:

Racing on Highway:

433 Gross misdemeanor. WA ST § 46.61.500(1); WA ST § 46.61.530.

Sanctions:

Imprisonment Term / Fine: Up to 364 days and not more than $5,000.

WA ST § 46.61.500(1).

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Suspension. WA ST § 46.61.500(2).

Revocation (3rd conviction within 2 years). WA ST § 46.20.285(7).

 

431 Licensing action is based upon frequent traffic law violations that indicate disrespect for these laws. WA ST § 46.20.291(3). A person 

is considered a frequent violator of the traffic laws if committing 4 traffic offenses within 12 months or 5 such offenses within 24 months. 

WAC 308-104-035. 432 In lieu of suspension, the licensing agency may place the offender on probation on such terms as it considers appropriate. WA ST § 

46.20.335. In addition, if the offender's license has been suspended, that person may be eligible for occupational driving privileges. 

WA ST § 46.20.391.

433 Racing on the highways is considered a reckless driving offense. WA ST § 46.61.530.
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 Term of License Suspension / 

Revocation:

Suspension – Not less than 30 days. WA ST § 46.61-500(2).

Revocation – 1 year. WA ST § 46.20.285.

 Mandatory Minimum Term: Suspension – None.

434

Revocation period appears to be mandatory.

Other: I. There is a penalty assessment of $500. WA ST § 7.68.035(1)(a), (2).

II. Public Safety and Education Assessment: In addition to any other 

fine, an offender is subject to two public safety and education 

assessments and 1 monetary penalty. The first assessment is equal to 

70 % of any fine imposed. The second is equal to 50 % of the first. 

WA ST § 3.62.090(1), (2).

III. Other Monetary Penalties: An offender is also subject to each of 

the following fees per infraction: $20 (this does not apply to speeding 

offenses in construction zones); $5 (emergency medical services and 

trauma care system); $10 (auto theft prevention); $2 (traumatic brain 

injury). WA ST § 46.63.110(7), (8)(a).

Reckless Driving:

435 Gross misdemeanor. WA ST § 46.61.500.

Sanctions:

 Imprisonment Term / Fine: Up to 364 days and not more than $5,000. 

WA ST § 46.61.500(1).

Mandatory Minimum Term / Fine: None

Licensing Action:

 Type (Suspension / Revocation): Suspension. WA ST § 46.61.500(2).

Revocation (3rd conviction within 2 years). WA ST § 46.20.285(7).

Term of License Suspension / 

Revocation:

Suspension – Not less than 30 days. WA ST § 46.61-500(2).

Revocation – 1 year. WA ST § 46.20.285.

 Mandatory Minimum Term: Suspension – None(occupational driving privileges may be granted).

Revocation period appears to be mandatory.

Other: I. There is a penalty assessment of $500. WA ST § 7.68.035(1)(a), (2).

II. Public Safety and Education Assessment: In addition to any other 

fine, an offender is subject to two public safety and education 

assessments and 1 monetary penalty. The first assessment is equal to 

70 % of any fine imposed. The second is equal to 50 % of the first. 

WA ST § 3.62.090(1), (2).

III. Other Monetary Penalties: An offender is also subject to each of 

the following fees per infraction: $20 (this does not apply to speeding 

offenses in construction zones); $5 (emergency medical services and 

 

434 An offender is eligible for occupational driving privileges. WA ST § 46.20.391(1). However, such privileges are not available if the 

offender has had a previous offense that requires mandatory suspension or revocation within 1 year. WA ST § 46.20.391(3)(a).

435 Exceeding the maximum lawful speed limit is prima facie evidence of reckless driving. WA ST § 46.61.465; State v. Amurri, 753 P.2d 

540 (Wash. App. 1988). In addition, it is unlawful for any person to operate a motor vehicle while embracing another individual if such 

would prevent the free and unhampered operation of the vehicle. A violation of this prohibition is prima facie evidence of reckless driving. 

WA ST § 46.61.665.
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trauma care system); $10 (auto theft prevention); $2 (traumatic brain 

injury). WA ST § 46.63.110(7), (8)(a).

IV. Reckless Endangerment of Roadway Workers: It is a gross 

misdemeanor to drive a vehicle in a roadway construction zone in such 

a manner as to endanger or is likely to endanger any persons or 

property. The sanctions for this offense are imprisonment in the county 

jail for up to 364 days and/or a fine of not more than $5,000. In 

addition, the offender’s driving privileges are suspended for a 

mandatory period of 60 days. WA ST § 9A.20.021(2); 

WA ST § 46.61.527(4), (5).

Negligent Driving:

436 Traffic infraction. WA ST § 46.61.525(1)(a), (c).

Sanctions:

 Imprisonment Term / Fine: $250. WA ST § 46.61.525(c).

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Suspension– Based upon frequent violation. WA ST § 46.20.291(3).

Term of License Suspension / 

Revocation:

Not more than 1 year. WA ST § 46.20.311(1).

Mandatory Minimum Term: None. This licensing action is discretionary. WA ST § 46.20.291. 

Note: If a person’s license is suspended, an occupational license is 

available. WA ST § 46.20.391(2).

 Other: I. For traffic infractions, an offender may be allowed to perform 

community service in lieu of a fine. WA ST § 46.63.120.

II. Upon the third violation, a person must retake and successfully pass 

the driver licensing examination in order to keep his/her driver’s 

license. WA ST § 46.61.525.

III. Public Safety and Education Assessment: In addition to any 

other fine, an offender is subject to two public safety and education 

assessments and 1 monetary penalty. The first assessment is equal to 

70 % of any fine imposed. The second is equal to 50 % of the first. 

WA ST § 3.62.090(1), (2).

IV. Other Monetary Penalties: An offender is also subject to each of 

the following fees per infraction: $20 (this does not apply to speeding 

offenses in construction zones); $5 (emergency medical services and 

trauma care system); $10 (auto theft prevention); $2 (traumatic brain 

injury). WA ST § 46.63.110(7), (8)(a).

 

436 Negligent driving (second degree) is defined as operating “a motor vehicle in a manner that is both negligent and endangers or is likely 

to endanger any person or property.” WA ST § 46.61.525(1)(a). The term “negligent” is defined to mean “the failure to exercise ordinary 

care, and is the doing of some act that a reasonably careful person would not do under the same or similar circumstances or the failure to do 

something that a reasonably careful person would do under the same or similar circumstances.” WA ST § 46.61.525(2). Important: A 

person commits negligent driving in the first degree, a misdemeanor, if such person operates a motor vehicle in a negligent manner likely to 

endanger persons or property, and exhibits the effects of having consumed alcohol or an illegal drug. It is a defense to this offense if the 

person had a valid prescription for the drug consumed and had been consuming it according to prescription directions and warnings. The 

sanctions for this offense are a jail term of not more than 90 days and/or a fine of not more than $1,000. In addition, there is a mandatory 

penalty assessment of $250. WA ST § 7.68.035(1)(a), (2); WA ST § 9A.20.010(2); WA ST § 9A.20.021(3); WA ST § 46.61.5249.
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Automated Speed Enforcement: Limited. Speed cameras are permitted in school zones and arterial 

streets in cities with a population over 5,000 only. However, if a local 

legislative authority enacts an ordinance authorizing the use of speed 

cameras, then such use shall be permitted. WA ST § 46.63.170.

Limitations of Use of Speed 

Measurement Devices:

No. It appears that speed measuring devices are permitted. WA ST CR 

LTD JURIS CrRLJ 6.13 (Criminal Rules for Court of Limited 

Jurisdiction).

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person is disqualified from operating a CMV, if within a 3-year 

period, while driving such a vehicle that person commits 2 “serious 

traffic violations”437 or commits 3 such violations.

WA ST § 46.25.090(5).

Period of Disqualification: Two serious violations (within 3 years) – Not less than 60days; 

Three serious violations (within 3 years) – Not less than 120 days. 

WA ST § 46.25.090(5).

 

437 A “serious traffic violation” includes exceeding the speed limit by 15 or more mph and reckless driving. WA ST § 46.25.010(18).
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JURISDICTION WEST VIRGINIA

Reference: West Virginia Code

West Virginia Code of State Rules (WV ADC)

Basis for a Speed Law Violation: 

Basic Speed Rule: I. No person may drive a vehicle at speed greater than is reasonable and 

prudent under the existing conditions and the actual and potential 

hazards. 

II. In every event speed shall be so controlled as may be necessary to 

avoid colliding with any person, vehicle or other conveyance on or 

entering the highways in compliance with legal requirements and the 

duty of all persons to use due care.

III. The driver of every vehicle shall drive at an appropriate reduced 

speed when approaching and crossing an intersection or railway grade 

crossing, when approaching and going around a curve, when 

approaching a hill crest, when traveling upon any narrow or winding 

roadway and when a special hazard exists with respect to pedestrians or 

other traffic or by reason of weather or highway conditions.

WV ST § 17C-6-1(a), (c).

Statutory Speed Limit: 55 mph on open country highways, controlled-access highways and 

interstate highways. Note: The law provides that the speed limit 

“shall be not be less than” 55 mph for controlled-access and interstate 

highways; 

25 mph in a business or residential district;

15 mph in a school zone.

WV ST § 17C-6-1(b), (d).

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State road 

commissioner may increase or decrease the above speed limits on any 

interstate or State highway. WV ST § 17C-6-2. 

II. Based on engineering and traffic investigations, a local government 

may decrease the above speed limits at intersections.438

WV ST § 17C-2-8(a)(5), (10);WV ST § 17C-6-3(a).

III. Local governments may increase the above 25 mph speed limit on 

highways within a business or residential district. However, no speed 

limit shall be greater than 55 mph. WV ST § 17C-6-3(b).

IV. Based on engineering and traffic investigations, a local 

government may decrease the above 55 mph speed limit on open 

country highways outside a business or residential district. However, 

no limit shall be less than 35 mph. WV ST § 17C-6-3(c).

V. A local government may decrease the 25 mph speed limit in a 

residential district. WV ST § 17C-6-3(d).

VI. Based upon an investigation, the Commissioner of Highways may 

establish safe maximum speed limits for bridges or elevated structures. 

WV ST § 17C-6-5(b), (c).

 

438 If the speed alteration by a local government applies to a State highway or an extension thereof, such alteration must be approved by the 

Commissioner of Highways. WV ST § 17C-6-3(e).
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Minimum Speed Limit: I. No person shall drive a motor vehicle at such a slow speed as to 

impede the normal and reasonable movement of traffic. 

WV ST § 17C-6-3a(a).

II. A person driving at less than the normal speed of traffic shall drive 

in the right-hand lane then available for traffic or as close as practicable 

to the right-hand curb or edge of the roadway. WV ST § 17C-7-1(b).

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State road 

commissioner or a local government may establish minimum speed 

limits for the highways under their respective jurisdictions. 

WV ST § 17C-6-3a(b).

Other: I. The following speed limits apply to vehicles that are not designed to 

carry passengers and are equipped with pneumatic tires: 40 mph on a 

county road; 25 mph in a residential district; and 20 mph in a business 

district.439 WV ST § 17C-6-4.

II. A vehicle that is not equipped with pneumatic tires cannot be driven 

greater than 10 mph. WV ST § 17C-6-5(a).

III. Speed limits must be posted for “construction zones.” 

WV ST § 17C-3-4b(a).

Low Speed Vehicles:

Permitted on Public Roads

(Yes/No):

Yes. On public roads with a speed limit of not more than 25 mph.

WV ST § 17A-3-2(c).

Maximum Speed Permitted: 25 mph. WV ST § 17A-1-1(uu).

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Misdemeanor. WV ST § 17C-3-4b; WV ST § 17C-6-1(e), (f); 

WV ST § 17C-6-3a(c); WV ST § 17C-6-5(e); WV ST § 17C-7-1(c); 

WV ST § 17C-18-1(a).

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: Basic Speed Rule Violation or Exceeding Speed Limit: 

First offense – Not more than $100;

Second offense (within 1 year) – Not more than $200;

Third or subsequent offense (within 2 years) – Not more than $500.

Third or subsequent offense (15 mph or more over speed limit) – Not 

more than $500 and/or not more than 6 months. 

WV ST § 17C-6-1(e). 

Speeding less than 10 mph over the Speed Limit on a ControlledAccess or Interstate Highway: Not more than $5 plus court costs.

WV ST § 17C-6-1(g).

 

439 Trucks weighing 8,000 lbs., or less may be driven at the same speed as passenger cars. WV ST § 17C-6-4.
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Speeding in a School Zone: Not less than $100 or more than 

$500.

440 WV ST § 17C-6-1(f).

Speeding in a Construction Zone: Not more than $200.

441

WV ST § 17C-3-4b(b).

Violation of: the Minimum Speed Rule; the Posted Minimum 

Speed Limit; the Speed Limit for Vehicles with Pneumatic Tires; 

Speed Limit Established for a Bridge or Elevated Structure: 

First offense – Not more than $100; 

Second offense (within 1 year) – Not more than $200; 

Third or subsequent offense (within 2 years) – Not more than $500.

WV ST § 17C-6-3a(c); WV ST § 17C-6-5(e).

All other speed law violations: 

First offense – Not more than $100 or not more than 10 days;

Second offense (within 1 year) – Not more than $200 and/or not more 

than 20 days; 

Subsequent offense – Not more than $500 and/or not more than 6 

months. WV ST § 17C-18-1(b).

Mandatory Minimum Term / Fine: Speeding in a school zone requires a fine of not less than $100, which 

may be mandatory. WV ST § 17C-6-1.

Other Penalties:

Traffic School: If an offender successfully completes a Driver Improvement Program, 

points shall be deducted from the driving record. WV ADC §91-5-8.

 Other: Alternative Sentences: In lieu of either a fine or incarceration 

sanction (except mandatory incarceration per statute), a court may 

impose one of the following sentences: (1) a weekend jail program 

where the offender spends weekends or “other days normally off from 

work” in confinement; (2) a work release program where the offender 

is required to spend the first one or two days in confinement followed 

by work assignments either within the jail or on other public works 

projects outside of the jail (8 hours of work = 1 day); (3) a community 

service program with government entities, charitable or other nonprofit organizations which have been approved by the court; or (4) a 

day-reporting center program, which includes counseling, employment 

training, alcohol or drug testing or other medical testing. 

WV ST § 62-11A-1a(a), (c)(1).

Licensing Action:

Type (Suspension / Revocation): Suspension based on frequent violation of the traffic Laws.442

 

440 If, however the driver exceeded the speed limit by 15 mph or more in the presence of one or more children, then the driver shall be fined 

not less than $100 or more than $500 and/or confined in jail for not more than 6 months. WV ST § 17C-6-1(f). 441 Any person who exceeds the post speed limit by 15 mph or more in a construction zone shall be fined not more than $200 and/or not 

more than 20 days. WV ST § 17C-3-4b(c). 442 Point System: The licensing agency has established the following point system to assist it in identifying offenders who may be subject 

to licensing action because of frequent violations of the traffic laws. I. When an offender has accumulated 6- 8 points, that person may be 

subject to either a warning letter, probation for not more than 1 year or license suspension for not more than 1 year. An offender who 
WEST VIRGINIA

SUMMARY OF SPEED LAWS, 12TH EDITION

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WV ST § 17B-3-6(a)(3), (4). Note: No abstract of a conviction for 

exceeding the speed limit by less than 10 mph on either a controlledaccess or interstate highway is transmitted to the licensing agency. 

This provision does not apply to persons who have been issued 

Commercial Driver’s Licenses and who were operating a Commercial 

Motor Vehicle at the time of the offense. WV ST § 17C-6-1(h), (i). 

Additionally, the division shall issue a temporary license to any student 

of college or university in West Virginia whose license has been 

suspended for any reason other than a serious traffic violation (i.e., 

reckless driving) or driving under the influence, in order to permit such 

student to drive only to and from the college/university or to and from 

class at the college/university during the period of suspension. 

WV ST § 17B-3-6(e).

Term of License Suspension /

Revocation:

Not more than 1 year. WV ST § 17B-3-8.

Mandatory Minimum Term: None. Licensing action is discretionary. WV ST § 17B-3-6(a).

Other Criminal Actions Related to 

Speeding:

Racing on Highway: Misdemeanor. WV ST § 17C-6-8(a), (b).

Sanctions:

Imprisonment Term / Fine: First offense – Not less than $50 or more than $100;

Second offense – Not less than $50 or more than $500 and/or not less 

than 6 days or more than 60 days;

Third and subsequent offense – Not less than $100 or more than 

$1,000 and/or not less than 60 days or more than 4 months. 

WV ST § 17C-6-8(b). 

 Mandatory Minimum Term / Fine: The base terms above appear to be mandatory.

Licensing Action:

Type (Suspension / Revocation): Suspension based on frequent violation of the traffic Laws. 

WV ST § 17B-3-6(a)(3), (4).

Revocation. WV ST § 17C-6-8(c).

 Term of License Suspension / 

Revocation:

First offense – 6 months;

Second offense (within 2 years) – 2 years;

Third or subsequent offense (within 5 years) – 5 years. 

WV ST § 17C-6-8(c).

 Mandatory Minimum Term: The terms above appear to be mandatory.

Other: I. See Alternative Sentences, above.

II. 2 points may be assessed against the driving record, if racing is 

 

accumulates 12-13 points is subject to a 30-day suspension; 14-15 points = 45-day suspension; 16-17 points = 60-day suspension; 18-19 

points = 90-day suspension; 20 or more points = suspension until less than 12 points remain on the record. (Points remain on a person’s 

record for 2 years.) WV ADC §91-5-7 (7.9), (7.10). II. The following points have been assigned to speeding or speed-related violations: 

reckless driving = 6 points; speeding in a school zone = 6 points; speeding 15 mph or more over the posted limit = 5 points; speeding 10-14 

mph over the posted limit = 3 points; speeding 5-9 mph over the posted limit = 2 points; driving too fast for conditions = 3 points; all 

other moving violations = 2 points. WV ADC § 91-5-7(7.2).
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considered to be a “moving violation.” WV ADC § 91-5-7(7.2).

III. If an offender successfully completes a Driver Improvement 

Program, points shall be deducted from the driving record.

WV ADC §91-5-8.

Reckless Driving: Misdemeanor. WV ST§ 17C-5-3(a); WV ST § 17C-18-1(a).

Sanctions:

 Imprisonment Term / Fine: First conviction – Not less than 5 days or more than 90 days and/or not 

less than $25 or more than $500;

Second or subsequent conviction – Not less than 10 days or more than 

6 months and/or not less than $50 or more than $1,000. 

WV ST § 17C-5-3(c).

Mandatory Minimum Term / Fine: The terms above appear to be mandatory.

Licensing Action:

 Type (Suspension / Revocation): Suspension Based on Frequent Violation of the Traffic Laws. 

WV ST § 17B-3-6(a)(3), (4); 

Revocation (3 reckless driving convictions within 24 months). 

WV ST § 17B-3-5(5).

Term of License Suspension / 

Revocation:

Suspension –Not more than 1 year. WV ST § 17B-3-8.

Revocation – 1 year. WV ST § 17B-1-1(q).

 Mandatory Minimum Term: The 1-year revocation period appears to be mandatory.

Other: I. See Alternative Sentences, above.

II. 6 points assessed against driving record. WV ADC § 91-5-7(7.2).

III. If an offender successfully completes a Driver Improvement 

Program, points shall be deducted from the driving record. 

WV ADC§91-5-8.

Automated Speed Enforcement: No by S.P. The use of any “traffic law photo-monitoring device” is 

prohibited to determine the compliance with, or to detect a violation of, 

a municipal or county ordinance or any provision of the West Virginia 

Code that governs or regulates the operation of motor vehicles. 

WV ST § 17C-6-7a.

Limitations of Use of Speed 

Measurement Devices:

No. However, evidence of speeding as calculated by a radar device 

shall be admitted as prima facie evidence of speeding, whereas, 

evidence obtained by Vascar is merely probative. 

WV ST § 17C-6-7; 53 W. Va. Opp.Atty.Gen. 300 (September 5, 1969).

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a 

vehicle that person commits 2 “serious traffic violations”443 within a 3-

year period or 3 such violations within a 3-year period. 

 

443 A “serious traffic violation” includes exceeding the speed limit by 15 or more mph or reckless driving. WV ST § 17E-1-3(34).
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WV ST § 17E-1-13(c)(1), (2).

Period of Disqualification: Two serious violations (within 3 years) – Not less than 60 days; 

Three serious violations (within 3 years) – Not less than 120 days.

WV ST § 17E-1-13(c). 
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JURISDICTION WISCONSIN

Reference: Wisconsin Statutes Annotated

Wisconsin Administrative Code (WI ADC)

Basis for a Speed Law Violation: 

Basic Speed Rule: I. No person may drive a vehicle at a speed greater than is reasonable 

and prudent under the conditions and having regard for the actual and 

potential hazards then existing. The speed of a vehicle shall be so 

controlled as may be necessary to avoid colliding with any object, 

person, vehicle or other conveyance on or entering the highway in 

compliance with legal requirements and using due care. 

WI ST § 346.57(2).

II. The operator of every vehicle shall drive at an appropriate reduced 

speed when approaching and crossing an intersection or railway grade 

crossing, when approaching and going around a curve, when 

approaching a hillcrest, when traveling upon any narrow or winding 

roadway, when passing school children, highway construction or 

maintenance workers or other pedestrians, and when special hazard 

exists with regard to other traffic or by reason of weather or highway 

conditions. WI ST § 346.57(3).

Statutory Speed Limit: 65 mph on any freeway or expressway when posted; 

55 mph on highways not posted;45 mph on designated rustic roads; 

35 mph on highways within semi-urban district outside city or village 

corporate limits; 

35 mph on outlying district highways within city or village corporate 

limits; 35 mph on certain highway in business, industrial and 

residential districts; 25 mph on service roads with city or village 

corporate limits; 25 mph on other highways within city or village 

corporate limits; 15 mph in an alley; 15 mph in a safety zone 

occupied by pedestrians and where a “public passenger vehicle” has 

stopped to receive or discharge passengers; 15 mph in a “school 

crossing”; 15 mph when passing a school during times when children 

are either going to or from a school or when children “are playing 

within the sidewalk area at or about the school”; 

15 mph in town parks or recreation area when children are going to or 

from or playing within such areas. WI ST § 346.57.

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State may 

increase or decrease the above speed limits on highways under its 

jurisdiction. However, no speed limit shall exceed 65 mph on 

freeways or expressways or 55 mph on other highways.444

WI ST § 346.57(5); WI ST § 349.11(1)(a), (2)(a), (8)(a), (8m).

II. Based on engineering and traffic investigations, a local government 

may increase or decrease the above speed limits on highways under 

its jurisdiction. However, no speed limit shall exceed 55 mph.445

 

444 In addition, the State cannot modify the maximum statutory speed of 15 mph in a safety zone or the speed limit on the more than 2,000 

miles of State trunk highways. WI ST § 349.11(2)(b), (c).

445 In addition, a local government cannot modify the maximum statutory speed of 15 mph in a safety zone.
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261

WI ST § 346.57(5); WI ST § 349.11(1)(a), (3)(a), (8m). 

Note: State or local government maximum speed limits established 

under I or II above must be uniformly applicable to all types of motor 

vehicles. However, a lower speed limit may be established for 

vehicles that, because of their weight or size, are operating under a 

special permit. WI ST § 349.11(8)(c), (8m)(c).

III. Based on an investigation, the State may establish safe maximum 

speed limits on bridges, causeways, viaducts or other structures. 

WI ST § 349.11(4).

IV. Local governments may establish temporary speed limits on 

highways that are undergoing construction or maintenance. 

WI ST § 349.11(10).

Minimum Speed Limit: I. No person shall drive a motor vehicle at a speed so slowly as to 

impede the normal and reasonable movement of traffic. 

WI ST § 346.59(1).

II. A person driving at less than the normal speed of traffic shall drive 

in the right-hand lane then available for traffic or as close as 

practicable to the right-hand curb or edge of the roadway. 

WI ST § 346.05(3).

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State may 

establish a minimum speed limit for State trunk highways. 

WI ST § 349.11(1)(b). Note: specified traffic lanes may be designated 

for certain speeds. WI ST § 346.13(3).

Other: No person shall drive a vehicle that is equipped with metal or solid 

rubber tires greater than 15 mph. WI ST § 346.58.

Low Speed Vehicles:

Permitted on Public Roads

(Yes/No):

Yes. On public roads with a speed limit of 35 mph or less. 

WI ST § 346.94(22).

Maximum Speed Permitted: 25 mph. WI ST § 340.01(27h); 49 CFR 571.3.

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Civil Forfeiture Offense. WI ST § 346.17(2); WI ST § 346.60; 

WI ST § 939.12.

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: Violating the Basic Speed Law, Pedestrian/Passenger Safety Zone 

Speed Limits:

First offense – Not less than $40 or more than $300;

 

WI ST § 349.11(3)(b). Such government must obtain State approval to modify speed limits within corporate limits or within a semi-urban 

district outside corporate limits. In addition, it cannot reduce by 10 mph (15 mph on rustic roads) or less statutory speed limits without State 

approval. WI ST § 349.11(3)(c).
WISCONSIN

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Second or subsequent conviction (within 1 year) – Not less than $80 or 

more than $600. WI ST § 346.60(3).

Violating the 65 mph Speed Limit: Not less than $50 or more than 

$300. WI ST § 346.60(2)(b).

Violating Other Speed Limits:

446 Not less than $30 or more than 

$300. WI ST § 346.60(2)(a).

Violating the Minimum Speed Law (Impeding Traffic):

First offense – Not less than $20 or more than $40;

Second or subsequent conviction (within 1 year) – Not less than $50 or 

more than $100. WI ST § 346.60(1).

Failing to Maintain Speed Except in Right Lane: Not less than $30

or more than $300. WI ST § 346.17(2).

Mandatory Minimum Term / Fine: None – the statutes indicate that a person “may” be required to forfeit 

those amounts. 

Other Penalties:

Traffic School: An offender shall have up to 3 points deducted from his driving record 

if he satisfactorily completes driver improvement counseling, a traffic 

safety school, or a defensive driving course. WI ADC § Trans 101.07.

 Other: I. The above minimum and maximum fines (forfeitures) are doubled if 

the following offenses occur in a highway maintenance, construction 

area or utility work area: violating the basic speed law; exceeding the 

speed limit in an alley; or exceeding the speed limit on highways or 

roads with 25 to 65 mph speed limits.447 WI ST § 346.60(3m)(a).

II. The above minimum and maximum fines (forfeitures) are doubled

if a person violates the basic speed rule in a “designated” school zone 

(“school crossing”) or exceeds the speed limit in such a zone. This 

sanction applies on any type of highway (road). 

WI ST § 46.60(3m)(b).

Licensing Action:

Type (Suspension / Revocation): Suspension by the courts. WI ST § 343.30(1), (1n).

Suspension or Revocation: Based upon repeated violation of the 

traffic laws through a point system.448 WI ST § 343.32(2)(a).

 

446 This includes a violation of WI ST § 346.58 which prohibits a person from driving a motor vehicle that is equipped with metal or solid 

rubber tires greater than 15 mph. WI ST § 346.60(2)(a).

447 The “double fine” sanction for speeding in a construction zone does not apply in certain 15 mph school, park or safety zones, on 35 mph 

highways located in certain business, industrial or residential areas and on 45 mph highways which have been designated as rustic roads. 

WI ST § 346.60(3m)(a); WI ST § 346.57. 448 Point System: I. An offender's license is subject to the following suspension or revocation periods, if the number of points were 

accumulated within a 12-month period: 12-16 points = 2 months; 17-22 points = 4 months; 23-30 points = 6 months; more than 30 points 

= 1 year. WI ADC § Trans 101.04. II. The following points have been assigned to speeding to speed-related offenses: racing on the 

highways = 6 points; reckless driving = 6 points; speeding 20 mph or more over the speed limit = 6 points; imprudent speed or driving too 

fast for conditions = 4 points; speeding 11-19 mph over the speed limit = 4 points; inattentive driving = 4 points; unnecessary acceleration 

= 4 points; speeding 10 mph or less in excess of the posted speed limit = 3 points; obstructing traffic/driving excessively slowly = 2 

points. WI ST §343.32(2)(b); WI ADC § Trans 101.02.
WISCONSIN

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Term of License Suspension / 

Revocation:

Suspension by the courts: 

(1) For speeding 25 mph or more over the 65 or 55 mph speed limit = 

15 days. WI ST § 343.30(1n). 

2) For other violations – Not more than 1 year. WI ST § 343.30(1).

Suspension or Revocation through point system: 

2 months to 1 year. WI ST § 343.32(3); WI ADC § Trans 101.04.

Mandatory Minimum Term: Suspension(courts): for speeding 25 mph or more over the 65 or 55 

mph speed limit = 15 days.

All others: None. A person is eligible for occupational driving 

privileges. WI ST § 343.32(6).

Other Criminal Actions Related to 

Speeding:

Racing on Highway: Civil Forfeiture. WI ST § 346.94(2); WI ST § 346.95(2).

Sanctions:

Imprisonment Term / Fine: Not less than $20 or more than $400. WI ST § 346.95(2).

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Suspension by the courts. WI ST § 343.30.

Suspension or Revocation: Based upon repeated violation of the 

traffic laws through point system. WI ST § 343.32(2)(a).

 Term of License Suspension / 

Revocation:

Suspension (courts) – Not more than1 year. WI ST § 343.30(1).

Suspension or Revocation through point system:

2 months to 1 year. WI ST § 343.32(3); WI ADC § Trans 101.04.

 Mandatory Minimum Term: None. Licensing action is discretionary, and a person may be eligible 

for occupational driving privileges. WI ST § 343.30(1); 

WI ST § 343.32(6).

Other: 6 points assessed against driving record. WI ST § 343.32(2)(b); 

WI ADC § Trans 101.02.

Reckless Driving:

449 Civil Forfeiture

Misdemeanor(second or subsequent reckless driving offense; bodily 

harm by negligent operation of vehicle);

Felony(great bodily harm by negligent operation of vehicle). 

WI ST § 346.62; WI ST § 346.65; WI ST § 939.12; WI ST § 939.60.

Sanctions:

 

449 “Reckless driving” is defined as driving a vehicle so as to endanger the safety of any person or property by negligent operation; cause 

bodily harm to another by negligent operation of the vehicle; or cause great bodily harm to another by negligent operation of the vehicle. 

WI ST § 346.62. “Bodily harm” means physical pain or injury, illness, or any impairment of physical condition. WI ST § 939.22(4). 

“Great bodily harm” means bodily injury which creates a substantial risk of death, or which causes serious permanent disfigurement, or 

which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury. 

WI ST § 939.22(14).
WISCONSIN

SUMMARY OF SPEED LAWS, 12TH EDITION

264

 Imprisonment Term / Fine: Reckless Driving: 

First offense – Not less than $25 or more than $200; 

Second or subsequent offense (within 4 years) – Not less than $50 or 

more than $500 and/or not more than 1 year. WI ST § 346.65(1).

Causing Bodily Harm by Negligent Driving: Not less than $300 or 

more than $2,000 and may be imprisoned for not less than 30 days or 

more than 1 year. WI ST § 346.65(3).

Reckless Driving On or Across Railroad Crossing: Not less than 

$300 or more than $1,000, plus a surcharge.450

Causing Great Bodily Harm by Negligent Driving: Not more than 

$10,000 and/or not more than 3 years, 6 months. WI ST§ 346.65(5); 

WI ST § 939.50(3)(i).

Mandatory Minimum Term / Fine: None

Licensing Action:

 Type (Suspension / Revocation): Suspension by the courts. WI ST § 343.30.

Suspension or Revocation: Based upon repeated violation of the 

traffic laws through point system. WI ST § 343.32(2)(a).

Revocation (conviction for causing great bodily harm). 

WI ST § 343.31(3)(a).

Term of License Suspension / 

Revocation:

Suspension (courts) – Not more than 1 year. WI ST § 343.30(1).

Suspension/Revocation (point system) – 2 months to 1 year. 

WI ST § 343.32(3); WI ADC § Trans 101.04.

Revocation (conviction) – 1 year. WI ST § 343.31(3)(a).

 Mandatory Minimum Term: The only mandatory term appears to be that from revocation upon 

conviction, under WI ST § 343.31(3)(a). 

Other: I. The forfeitures/fines listed above shall be doubled if the operator 

drives recklessly or negligently where persons engaged in work in a 

highway maintenance or construction area or in a utility work area are 

at risk from traffic. WI ST § 346.65(5m).

II. 6 points assessed against driving record. WI ST § 343.32(2)(b); 

WI ADC § Trans 101.02.

Inattentive Driving:

451 Civil Forfeiture. WI ST§ 346.89(1); WI ST § 346.95(2).

Sanctions:

 

450 This surcharge is for railroad crossing improvement, and shall be equal to 50% of the forfeiture amount ordered. If the forfeiture is 

suspended in whole or in part, the railroad crossing improvement surcharge shall be reduced in proportion to the suspension. WI ST § 

346.65(4r)(a), (b).

451 “Inattentive Driving” means driving a motor vehicle while “so engaged or occupied as to interfere with the safe driving of such 

vehicle.” WI ST § 346.89(1).
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SUMMARY OF SPEED LAWS, 12TH EDITION

265

 Imprisonment Term / Fine: Not less than $20 or more than $400. WI ST § 346.95(2).

 Mandatory Minimum Term / Fine: None

Licensing Action:

Type (Suspension / Revocation): Suspension by the courts. WI ST § 343.30.

Suspension or Revocation: Based upon repeated violation of the 

traffic laws through point system. WI ST § 343.32(2)(a).

Term of License Suspension / 

Revocation:

Suspension (courts) – Not more than1 year. WI ST § 343.30(1).

Suspension or Revocation through point system – 2 months to 1 

year. WI ST § 343.32(3); WI ADC § Trans 101.04.

Mandatory Minimum Term: None. Licensing action is discretionary, and a person may be eligible 

for occupational driving privileges. WI ST § 343.30(1); 

WI ST § 343.32(6).

 Other: 4 points assessed against driving record. WI ST § 343.32(2)(b); 

WI ADC § Trans 101.02.

Automated Speed Enforcement: No by S.P. State and local authorities may not use photo radar speed 

detection to determine compliance with any of the speed laws or local 

ordinances in conformity therewith. WI ST § 349.02(3).

Limitations of Use of Speed 

Measurement Devices:

No. It appears that speed measuring devices are permitted. ., State v. 

Maas, 657 N.W.2d 439 (Wis.App. 2002)

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a 

vehicle that person commits 2 “serious traffic violations”452 within a 3-

year period or 3 such violations within a 3-year period. 

WI ST §343.315(2)(f).

Period of Disqualification: Two serious violations (within 3 years) – 60 days;

Three serious violations (within 3 years) – 120 days. WI ST § 

343.315(2)(f).

 

452 A “serious traffic violation” includes exceeding the speed limit by 15 or more mph and reckless driving. WI ST § 343.315(2)(f).
WYOMING

SUMMARY OF SPEED LAWS, 12TH EDITION

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JURISDICTION WYOMING

Reference: Wyoming Statutes Annotated

Basis for a Speed Law Violation: 

Basic Speed Rule: I. No person shall drive a vehicle at a speed greater than is reasonable 

and prudent under the conditions and having regard to the actual and 

potential hazards then existing. 

II. Every person shall drive at a safe and appropriate speed when 

approaching and crossing an intersection or railroad grade crossing, 

when approaching and going around a curve, when approaching a 

hillcrest, when traveling upon any narrow or winding roadway and 

when special hazards exist with respect to pedestrians or other traffic 

or by reason of weather or highway conditions. WY ST § 31-5-301(a).

Statutory Speed Limit: 75 mph on interstate highways; 

65 mph on other paved highways;

55 mph on unpaved roadways;

30 mph in an urban district;

20 mph in a school zone or crossing. WY ST § 31-5-301(b).

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State may 

increase or decrease the above speed limits on the State highway 

system.453 WY ST § 31-5-301(c); WY ST § 31-5-302. The State 

highway system includes city streets that are designated as State 

highways. WY ST § 24-1-127.

II. Based on engineering and traffic investigations, local governments 

may increase or decrease the above speed limits on the highways or 

streets under their jurisdictions. WY ST § 31-5-109(a)(ix); 

WY ST § 31-5-301(c); WY ST § 31-5-303(b).

III. Based on investigations, the State or a local government may 

establish safe maximum speed limits for any bridges or elevated 

structures under their respective jurisdictions.

WY ST § 31-5-305(a),(b).

Minimum Speed Limit: I. No person shall drive a motor vehicle at such a slow speed as to 

impede the normal and reasonable movement of traffic. 

WY ST § 31-5-304(a).

II. A person driving at less than the normal speed of traffic shall drive 

in the right-hand lane then available for traffic or as close as 

practicable to the right-hand curb or edge of the roadway. 

WY ST § 31-5-201(b).

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State or a local 

government may establish minimum speed limits on the highways or 

streets under their respective jurisdictions. WY ST § 31-5-109(a)(xiv); 

WY ST § 31-5-304(b).

 

453 The State may also establish different highway speed limits for different types of vehicles, at different times of the day, for various 

weather conditions or for other factors bearing on safe speeds. WY ST § 31-5-302.
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SUMMARY OF SPEED LAWS, 12TH EDITION

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Other: A commercial vehicle operator must comply with the maximum speed 

limits established above. Failure to comply subjects that operator to 

the sanctions provided under WY ST § 31-5-1201. 

WY ST § 31-18-604.

Low Speed Vehicles: N/A

Adjudication of Speed Law 

Violations:

Civil/Criminal Adjudication: Misdemeanor. WY ST § 31-5-1201(a).

Sanctions Following an Adjudication 

of a Speed Law Violation:

Sanctions:

Imprisonment Term / Fine: Speeding 76-80 mph in a 75 mph zone: $5 for each mile per hour in 

excess of the legal speed limit, not to exceed $25. 

WY ST § 31-5-1201(d)(i).

Speeding 66-70 mph in a 65 mph zone: $5 for each mile per hour in 

excess of the legal speed limit, not to exceed $25. 

WY ST § 31-5-1201(d)(i).

Speeding 70 mph or more in a 65 mph zone: $25 plus $3 per mile 

for each mile in excess of 70 mph with assessed court costs.454

WY ST § 31-5-1201(d)(ii).

Speeding 80 mph or more in a 75 mph zone: Not less than $35 or 

more than $500 with assessed court costs. WY ST § 31-5-1201(d)(iii).

Other speed-related violations:

First conviction – Not more than $200 and/or not more than 20 days;

Second conviction (within 1 year) – Not more than $300 and/or not 

more than 30 days;

Third or subsequent conviction (within 1 year of 1st conviction) – Not 

more than $500 and/ or not more than 6 months.

WY ST § 31-5-1201(b).

Mandatory Minimum Term / Fine: $25 plus $3 for speeding 70 mph or more in a 65 mph zone appears to 

be mandatory.

$35 for speeding 80 mph or more in a 75 mph zone appears to be 

mandatory. 

Other Penalties:

Traffic School: N/A

 Other: Special Fine for Heavy Vehicle Operators: When operating motor 

vehicles with a gross vehicle weight exceeding 26,000 lbs., persons 

who exceeds a speed of 80 mph on an interstate highway with a posted 

speed limit of 75 mph, or exceeds a speed of 70 mph on other 

highways with a posted speed limit of 65 mph is subject to a fine of 

 

454 There are no court costs for exceeding the 65 or 75 mph speed limits, by 1-4 mph. WY ST § 31-5-1201(d)(v).
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SUMMARY OF SPEED LAWS, 12TH EDITION

268

$100. Any person who exceeds a construction zone speed limit by 6 

mph are subject to a fine of $300. These fines appear to be mandatory.

WY ST § 31-5-1201(g); WY ST § 31-18-704.

Exceeding posted speed limit in school zone by more than 10 mph: 

First conviction: Not less than $200 or more than $750;

Subsequent conviction (within 1 year): Not less than $400 or more 

than $1,000. WY ST § 31-5-1201(e).

Licensing Action:

Type (Suspension / Revocation): Suspension based upon repeated violations of the traffic laws.455

WY ST § 31-7-129(a)(i).

Term of License Suspension / 

Revocation:

Not more than 12 months. WY ST § 31-7-129(a).

Mandatory Minimum Term: None. Licensing actions is discretionary.

Other Criminal Actions Related to 

Speeding:

456

Drag Racing on Highway: Misdemeanor. WY ST § 6-10-101; WY ST § 24-1-110.

Sanctions:

Imprisonment Term / Fine: Not less than $10 or more than $100 and/or not more than 10 days.

WY ST § 24-1-110(c).

 Mandatory Minimum Term / Fine: The $10 fine may be mandatory.

Licensing Action:

Type (Suspension / Revocation): Suspension based upon repeated violations of the traffic laws. 

WY ST § 31-7-129(a)(i).

Term of License Suspension / 

Revocation:

Not more than 12 months. WY ST § 31-7-129(a).

 Mandatory Minimum Term: None. Licensing actions is discretionary.

Reckless Driving: Misdemeanor. WY ST§ 31-5-229; WY ST § 31-5-1201(a).

Sanctions:

 Imprisonment Term / Fine: Not more than $750 and/or not more than 6 months.

WY ST § 31-5-1201(f).

Mandatory Minimum Term / Fine: None

Licensing Action:

 

455 Convictions shall not be considered for driver license suspensions for speeding violations of less than 80 miles per hour where the 

posted speed limit is at least 65 miles per hour or less than 6 miles per hour over the posted speed limit in all other instances and zones, 

except speeding violations in school zones, or construction zones. WY ST § 31-5-1201(d)(iv). Additionally, speeding violations of up to 

80 miles per hour where the posted speed limit is at least 65 miles per hour, or less than 6 miles per hour over the posted speed limit in all 

other instances and zones, except violations for exceeding the speed limit in a school zone, or construction zone, and violations received 

while operating a commercial motor vehicle, shall not be made a part of the abstracts or records kept by the department of transportation. 

WY ST § 31-5-301(d). 456 There is no statute for “careless” or “negligent” driving. However, local authorities may establish ordinances for such driving behavior. 

See, e.g., State ex rel. Suchta v. District court of Sheridan County, 283 P.2d 1023 (Wyo. 1955); Swisse v. City of Sheridan, 561 P.2d 

712 (Wyo. 1977).
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SUMMARY OF SPEED LAWS, 12TH EDITION

269

 Type (Suspension / Revocation): Suspension. WY ST § 31-7-128(a).

Revocation (2 convictions within 5 years). 

WY ST §31-7-127(a)(iii), (b).

Term of License Suspension / 

Revocation:

Suspension:

First conviction – 90 days;

Subsequent conviction (within 5 years) – 6 months.

WY ST § 31-7-128(a).

Revocation (2 convictions within 5 years) – 1 year. 

WY ST §31-7-127(a)(iii), (b).

 Mandatory Minimum Term: These terms appear to be mandatory.

Other: Surcharge: An offender is assessed a surcharge of not less than $150

or more than $350 for a first plea or conviction, and not less than $200 

or more than $400 for any subsequent plea or conviction. This 

surcharge is in addition to any other sanction. 

WY ST § 1-40-119(a)(ii).

Automated Speed Enforcement: No statutory provision

Limitations of Use of Speed 

Measurement Devices:

No. It appears that, at a minimum, the use of radar is permitted. ., 

Michaels v, State ex rel. Dept. of Transp., 271 P.3d 1003 (Wyo. 2012)

Commercial Motor Vehicle (CMV) 

Operators:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a 

vehicle that person commits 2 “serious traffic violations”457 within a 3-

year period or 3 such violations within a 3-year period. 

WY ST § 31-7-305(f).

Period of Disqualification: Two serious violations (within 3 years) – Not less than 60 days; 

Three serious violations (within 3 years) – Not less than 120 days. 

WY ST § 31-7-305(f).

 

457 A “serious traffic violation” includes exceeding the speed limit by 15 or more mph and reckless driving. WY ST § 31-7-102(a)(xli).

DOT HS 811 769 

December 2013

9510-121913-v5