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SEC. 3. FINDINGS.
The Congress finds that—
(1) The national maximum speed limit lacks
public support and is hindering the application of
engineering based speed zoning practices.
(2) Federally sponsored studies have repeatedly
proven that the safest and most efficiently enforced
speed limits are those based on the ‘‘85th Percentile
Rule’’—a speed limit that reflects and considers
legal actions of normally prudent and reasonable
drivers.
(3) The setting of speed limits below those ac-
ceptable to responsible motorists leads to large scale
noncompliance, misallocation of enforcement and ju-
dicial resources and safety problems caused by er-
ratic traffic flow.
(4) National speed limit standards that encour-
age the use of proven traffic engineering principles
will permit the States and their respective local units
of government to accommodate their unique travel
environments. The result will be greater efficiency,
enhanced safety, fairness, economic progress, and
better use of enforcement and judicial resources.
SEC. 4. DEFINITIONS.
(a) SPEED LIMIT.—The maximum speed permitted
on a street or highway.
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(b) 85 PERCENTILE SPEED.—The speed at or below
which 85 percent of free flowing vehicles are traveling.
(c) 67 PERCENTILE SPEED.—The speed at or below
which 67 percent of free flowing vehicles are traveling.
(d) STATE.—The term ‘‘State’’ shall have the mean-
ing given it in section 401 of this title.
(e) FREE
FLOWING
TRAFFIC.—Vehicular traffic
unencumbered by congestion, inclement weather, construc-
tion or maintenance, or law enforcement activity.
(f) SECRETARY.—The Secretary of Transportation.
SEC. 5. NATIONAL SPEED LIMIT STANDARDS.
(a) No speed limit shall be set to exceed, to the near-
est five mile per hour increment, the 85 percentile speed
of free flowing traffic.
(b) No speed limit shall be set below, to the nearest
five mile per hour increment, the 67 percentile speed of
free flowing traffic.
SEC. 6. REPEAL OF NATIONAL MAXIMUM SPEED LIMIT.
(a) Sections 154 and 141(a) of title 23, United States
Code, and section 329 of the Department of Transpor-
tation and Related Agencies Appropriations Act, 1988
(Public Law 100–102), and section 1029 of the Inter-
modal Surface Transportation Efficiency Act of 1991
(Public Law 102–240) are repealed.
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SEC. 7. ESTABLISHMENT OF NATIONAL SPEED LIMIT
STANDARD.
(a) Each State shall measure a representative sample
of free flowing vehicle speeds on distinct classes of streets,
roads, and highways. Statutory speed limits for each class
of street, road, or highway shall represent the 85 percent-
ile speed for that entire class of street, road, or highway.
(b) Individual streets, roads, or highways or segments
thereof that exhibit traffic speeds significantly different
from those specified by statute shall be posted with sepa-
rate speed limits that reflect 85 percentile speeds of free
flowing traffic.
(c) No street, road, or highway shall be posted nor
have enforced a speed limit lower than the 67 percentile
speed of free flowing traffic.
(d) Exceptions to subsection (c) shall include con-
struction and school zones.
SEC. 8. ENFORCEMENT.
(a) The Secretary of Transportation shall not ap-
prove any project under section 106 of this title in any
State which has a maximum speed limit in excess of the
85 percentile speed of free flowing traffic, as determined
by established traffic engineering practices.
(b) With the exceptions noted in section 7(d) of this
Act, the Secretary of Transportation shall not approve any
project under section 106 of this title in any State which