I

103D CONGRESS

1ST SESSION H. R. 1599

To provide a fair and reasonable national standard for the setting of speed

limits.

IN THE HOUSE OF REPRESENTATIVES

APRIL 1, 1993

Mr. ROBERTS introduced the following bill; which was referred to the

Committee on Public Works and Transportation

A BILL

To provide a fair and reasonable national standard for the

setting of speed limits.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as ‘‘The Fair Speed Limit Act

5 of 1993’’.

6 SEC. 2. REFERENCES.

7 Except as noted otherwise, title and section ref8 erences herein are to sections of title 23, United States

9 Code.
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1 SEC. 3. FINDINGS.

2 The Congress finds that—

3 (1) The national maximum speed limit lacks

4 public support and is hindering the application of

5 engineering based speed zoning practices.

6 (2) Federally sponsored studies have repeatedly

7 proven that the safest and most efficiently enforced

8 speed limits are those based on the ‘‘85th Percentile

9 Rule’’—a speed limit that reflects and considers

10 legal actions of normally prudent and reasonable

11 drivers.

12 (3) The setting of speed limits below those ac13 ceptable to responsible motorists leads to large scale

14 noncompliance, misallocation of enforcement and ju15 dicial resources and safety problems caused by er16 ratic traffic flow.

17 (4) National speed limit standards that encour18 age the use of proven traffic engineering principles

19 will permit the States and their respective local units

20 of government to accommodate their unique travel

21 environments. The result will be greater efficiency,

22 enhanced safety, fairness, economic progress, and

23 better use of enforcement and judicial resources.

24 SEC. 4. DEFINITIONS.

25 (a) SPEED LIMIT.—The maximum speed permitted

26 on a street or highway.
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1 (b) 85 PERCENTILE SPEED.—The speed at or below

2 which 85 percent of free flowing vehicles are traveling.

3 (c) 67 PERCENTILE SPEED.—The speed at or below

4 which 67 percent of free flowing vehicles are traveling.

5 (d) STATE.—The term ‘‘State’’ shall have the mean6 ing given it in section 401 of this title.

7 (e) FREE FLOWING TRAFFIC.—Vehicular traffic

8 unencumbered by congestion, inclement weather, construc9 tion or maintenance, or law enforcement activity.

10 (f) SECRETARY.—The Secretary of Transportation.

11 SEC. 5. NATIONAL SPEED LIMIT STANDARDS.

12 (a) No speed limit shall be set to exceed, to the near13 est five mile per hour increment, the 85 percentile speed

14 of free flowing traffic.

15 (b) No speed limit shall be set below, to the nearest

16 five mile per hour increment, the 67 percentile speed of

17 free flowing traffic.

18 SEC. 6. REPEAL OF NATIONAL MAXIMUM SPEED LIMIT.

19 (a) Sections 154 and 141(a) of title 23, United States

20 Code, and section 329 of the Department of Transpor21 tation and Related Agencies Appropriations Act, 1988

22 (Public Law 100–102), and section 1029 of the Inter23 modal Surface Transportation Efficiency Act of 1991

24 (Public Law 102–240) are repealed.
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1 SEC. 7. ESTABLISHMENT OF NATIONAL SPEED LIMIT

2 STANDARD.

3 (a) Each State shall measure a representative sample

4 of free flowing vehicle speeds on distinct classes of streets,

5 roads, and highways. Statutory speed limits for each class

6 of street, road, or highway shall represent the 85 percent7 ile speed for that entire class of street, road, or highway.

8 (b) Individual streets, roads, or highways or segments

9 thereof that exhibit traffic speeds significantly different

10 from those specified by statute shall be posted with sepa11 rate speed limits that reflect 85 percentile speeds of free

12 flowing traffic.

13 (c) No street, road, or highway shall be posted nor

14 have enforced a speed limit lower than the 67 percentile

15 speed of free flowing traffic.

16 (d) Exceptions to subsection (c) shall include con17 struction and school zones.

18 SEC. 8. ENFORCEMENT.

19 (a) The Secretary of Transportation shall not ap20 prove any project under section 106 of this title in any

21 State which has a maximum speed limit in excess of the

22 85 percentile speed of free flowing traffic, as determined

23 by established traffic engineering practices.

24 (b) With the exceptions noted in section 7(d) of this

25 Act, the Secretary of Transportation shall not approve any

26 project under section 106 of this title in any State which
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1 has a maximum speed limit less than the 67 percentile

2 speed of free flowing traffic, as determined by established

3 traffic engineering practices.

4 (c) Each State shall certify to the Secretary before

5 January 1 of each year that it is enforcing all speed limits

6 on public highways in accordance with section 5 of this

7 Act.

8 SEC. 9. EFFECTIVE DATE.

9 This Act shall take effect immediately upon enact10 ment of this Act.

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