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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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.
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
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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 | |||||
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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
| 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 |
| April 23, 2024 | House | Floor Vote |
April 24, 2024: Committee Report: Without Recommendation 04/23/2024 (Vote 10-10; RC)
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