SB471 (2024) Detail

Relative to adding a speed limit of 45 miles per hour on rural highways.


SB 471-FN - AS INTRODUCED

 

 

2024 SESSION

24-3020

11/08

 

SENATE BILL 471-FN

 

AN ACT relative to adding a speed limit of 45 miles per hour on rural highways.

 

SPONSORS: Sen. Watters, Dist 4; Sen. Fenton, Dist 10

 

COMMITTEE: Transportation

 

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ANALYSIS

 

This bill adds a speed limit of 45 miles per hour on rural highways.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-3020

11/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT relative to adding a speed limit of 45 miles per hour on rural highways.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Basic Rule and Maximum Limits.  Amend RSA 265:60 to read as follows:

265:60 Basic Rule and Maximum Limits.

I. No person shall drive a vehicle on a way 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 way in compliance with legal requirements and the duty of all persons to use due care.

II. Where no hazard exists that requires lower speed for compliance with RSA 265:60, I, the speed of any vehicle not in excess of the limit specified in this section or established as hereinafter authorized shall be prima facie lawful, but any speed in excess of the limit specified in this section or established as hereinafter authorized shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful:

(a) In a posted school zone, at a speed of 10 miles per hour below the usual posted limit from 45 minutes prior to each school opening until each school opening and from each school closing until 45 minutes after each school closing.

(b) 30 miles per hour in any business or urban residence district as defined in RSA 259:118;

(c) 35 miles per hour in any rural residence district as defined in RSA 259:93, and on any class V highway outside the compact part of any city or town as defined in RSA 229:5, IV;

(d) 45 miles per hour in any unimproved rural highway as defined in RSA 259:116-a.

[(d)] (e)  55 miles per hour in other locations, except as provided in (e);

[(e)] (f)  65 miles an hour on the interstate system, the central New Hampshire turnpike and the eastern New Hampshire turnpike in locations where said highways are 4-lane divided highways or other divided highways of 4 or more lanes, except that the speed limit on the portion of I-93 from mile marker 45 to the Vermont border shall be 70 miles per hour.

[(f)] (g)  On a portion of a highway where officers or employees of the agency having jurisdiction of the same, or any contractor of the agency or their employees, are at work on the roadway or so close thereto as to be endangered by passing traffic, at a speed of at least 10 miles per hour below the usual posted limit. The speed shall be displayed on signs as required by RSA 265:6-a.

[(g)] (h)  For a vehicle equipped with a transponder, 25 miles per hour through a toll booth or gate that is equipped with a transponder reader for automated toll collection except for an open road tolling lane and except that at toll booths staffed by toll collectors drivers whose vehicles are not equipped for automated tolling shall come to a full stop at the toll booth so that the attendant may collect the toll.

[(h)] (i) In the toll collection area of an open road tolling lane, at a speed greater than is reasonable and prudent for the conditions and actual and potential hazards existing at the time or greater than a per se maximum speed of 65 miles per hour, whichever is less.

III. The limits specified in subparagraphs II[(e)](f) and II[(g)](h) shall be the maximum lawful speed and no person shall drive a vehicle on said ways at a speed in excess of such maximum limit. The prima facie speed limits set forth in this section may be altered as authorized in RSA 265:62.

IV. The driver of every vehicle shall, consistent with requirements of paragraph I, 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, and when special hazard exists with respect to pedestrians or other traffic by reason of weather or highway conditions.

V. The fines for violation of subparagraphs II(a)-[(d)] (e) shall be as follows:

Miles per hour above the limit specified:

1-10 $50

11-15 75

16-20 100

21-25 200

26+ $350

The fines listed in this paragraph shall be plus penalty assessment.

VI. The fines for violations of subparagraph II[(e)](f) shall be as follows:

Miles above the 65 mph limit:

1-5 $65

6-10 100

11-15 150

16-20 250

21+ 350

Miles above the 70 mph limit:

1-5 $65

6-10 100

11-15 200

16-20 300

21+ 400

2  New Section; Unimproved Rural Highway.  Amend RSA 259 by inserting after section 259:116 the following new section:

259:116-a  Unimproved Rural Highway.  "Unimproved Rural Highway" means the territory contiguous to a 2-lane highway not comprising a business district, urban residence district, or rural residence district, but where reduced speeds are warranted due to highway geometry, lack of paved shoulders, or low-density presence of driveways and other accesses to the public way.

3  Establishment of State Speed Zones.  Amend RSA 265:62, II to read as follows:

II.  Notwithstanding the provisions of paragraph I and RSA 265:60, II, or any other law to the contrary, upon recommendation of the commissioner of transportation and a determination by the governor and council that it is in the public interest to conserve motor vehicle fuels or to conform with other national goals, the governor and council may establish temporary prima facie speed limits upon any part, including, but not limited to, the ways specified in RSA 265:60, II[(e)] (f), of the state highway system outside the compact part of cities and towns.  Such temporary speed limits shall become effective when appropriate signs giving notice of the limits thereby established are erected.

4  Effective Date.  This act shall take effect January 1, 2025.

 

LBA

24-3020

12/4/23

 

SB 471-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to adding a speed limit of 45 miles per hour on rural highways.

 

FISCAL IMPACT:         [ X ] State              [ X ] County               [ X ] Local              [    ] None

 

 

Estimated State Impact - Increase / (Decrease)

 

FY 2024

FY 2025

FY 2026

FY 2027

Revenue

Indeterminable

Revenue Fund

Highway Fund

Expenditures

Indeterminable

Funding Source

General Fund

Appropriations

$0

$0

$0

$0

Funding Source

None

 

 

Estimated Political Subdivision Impact - Increase / (Decrease)

 

FY 2024

FY 2025

FY 2026

FY 2027

County Revenue

$0

$0

$0

$0

County Expenditures

Indeterminable

Local Revenue

$0

$0

$0

$0

Local Expenditures

Indeterminable

 

METHODOLOGY:

This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf

 

AGENCIES CONTACTED:

Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association

 

Links


Date Body Type
Jan. 4, 2024 Senate Hearing
Jan. 18, 2024 Senate Floor Vote
Jan. 18, 2024 Senate Floor Vote
April 23, 2024 House Hearing
April 23, 2024 House Exec Session

Bill Text Revisions

SB471 Revision: 40192 Date: Dec. 12, 2023, 2:45 p.m.

Docket


April 16, 2024: Executive Session: 04/23/2024 02:00 pm LOB 203


April 16, 2024: Public Hearing: 04/23/2024 10:40 am LOB 203


March 2, 2024: Introduced (in recess of) 02/22/2024 and referred to Transportation


Jan. 18, 2024: Ought to Pass: MA, VV; OT3rdg; 01/18/2024; SJ 2


Jan. 10, 2024: Committee Report: Ought to Pass, 01/18/2024; Vote 5-0; CC; SC 3


Jan. 10, 2024: Committee Report: Ought to Pass, 01/18/2024; Vote 5-0; CC; SC 3


Dec. 18, 2023: Hearing: 01/04/2024, Room 101, LOB, 02:00 pm; SC 49


Dec. 12, 2023: To Be Introduced 01/03/2024 and Referred to Transportation; SJ 1