S-0895.1 _______________________________________________
SENATE BILL 5398
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By Senators Hansen and Rasmussen.
Read first time January 30, 1991. Referred to Committee on Transportation.
AN ACT Relating to a sixty-five mile per hour speed limit; and amending RCW 46.61.400, 46.61.405, 46.61.410, and 46.61.415.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 46.61.400 and 1965 ex.s. c 155 s 54 are each amended to read as follows:
(1) No person shall drive a vehicle on a highway 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.
(2) Except when a special hazard exists that requires lower speed for compliance with subsection (1) of this section, the limits specified in this section or established as hereinafter authorized shall be maximum lawful speeds, and no person shall drive a vehicle on a highway at a speed in excess of such maximum limits.
(a) Twenty-five miles per hour on city and town streets;
(b) Fifty miles per hour on county roads;
(c) Sixty miles per hour on state highways;
(d) Sixty-five miles per hour on highways having at least two lanes in each direction outside city limits.
The maximum speed limits set forth in this section may be altered as authorized in RCW 46.61.405, 46.61.410, and 46.61.415.
(3) The driver of every vehicle shall, consistent with the requirements of subsection (1) of this section, 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.
Sec. 2. RCW 46.61.405 and 1987 c 397 s 3 are each amended to read as follows:
Whenever
the secretary of transportation shall determine upon the basis of an
engineering and traffic investigation that any maximum speed hereinbefore set
forth is greater than is reasonable or safe with respect to a state highway
under the conditions found to exist at any intersection or upon any other part
of the state highway system or at state ferry terminals, ((or that a general
reduction of any maximum speed set forth in RCW 46.61.400 is necessary in order
to comply with a national maximum speed limit,)) the secretary may
determine and declare a reasonable and safe lower maximum limit ((or a lower
maximum limit which will comply with a national maximum speed limit,)) for
any state highway((, the entire state highway system,)) or any portion
thereof, which shall be effective when appropriate signs giving notice thereof
are erected. The secretary may also fix and regulate the speed of vehicles on
any state highway within the maximum speed limit allowed by this chapter for
special occasions including, but not limited to, local parades and other
special events. Any such maximum speed limit may be declared to be effective
at all times or at such times as are indicated upon the said signs; and
differing limits may be established for different times of day, different types
of vehicles, varying weather conditions, and other factors bearing on safe
speeds, which shall be effective (a) when posted upon appropriate fixed or
variable signs or (b) if a maximum limit is established for auto stages which
is lower than the limit for automobiles, the auto stage speed limit shall
become effective thirty days after written notice thereof is mailed in the
manner provided in subsection (4) of RCW 46.61.410((, as now or hereafter
amended.))
Sec. 3. RCW 46.61.410 and 1987 c 397 s 4 are each amended to read as follows:
(1) (a) Subject to subsection (2) of this section the secretary may increase the maximum speed limit on any highway or portion thereof to not more than seventy miles per hour in accordance with the design speed thereof (taking into account all safety elements included therein), or whenever the secretary determines upon the basis of an engineering and traffic investigation that such greater speed is reasonable and safe under the circumstances existing on such part of the highway.
(b) ((If
the federal government increases the national maximum speed limit to at least
sixty-five miles per hour on any part of the highway system, the secretary of
transportation shall forthwith increase to that same speed the maximum speed
limit on any such highway or portion thereof then posted at fifty-five miles
per hour to a maximum of sixty-five miles per hour, subject to subsection (2)
of this section, if such limit had been established for that highway or portion
thereof in order to comply with the former national maximum speed limit.
However, if an engineering and traffic investigation conducted by the
department clearly indicates that a speed limit above fifty-five miles an hour
would be unsafe for that highway or a portion thereof, the secretary of
transportation shall not increase the speed limit for that highway or portion
thereof above the safe speed indicated by the investigation. The speed limit
on interstate route number 5 between Everett and Olympia may not be increased
above fifty-five miles per hour under this subsection (b).
(c))) The
greater maximum limit established under (a) ((or (b))) of this
subsection shall be effective when appropriate signs giving notice thereof are
erected, or if a maximum limit is established for auto stages which is lower
than the limit for automobiles, the auto stage speed limit shall become
effective thirty days after written notice thereof is mailed in the manner
provided in subsection (4) of this section.
(((d)))
(c) Such maximum speed limit may be declared to be effective at all
times or at such times as are indicated upon said signs or in the case of auto
stages, as indicated in said written notice; and differing limits may be
established for different times of day, different types of vehicles, varying
weather conditions, and other factors bearing on safe speeds, which shall be
effective when posted upon appropriate fixed or variable signs or if a maximum
limit is established for auto stages which is lower than the limit for
automobiles, the auto stage speed limit shall become effective thirty days
after written notice thereof is mailed in the manner provided in subsection (4)
of this section.
(2) The maximum speed limit for vehicles over ten thousand pounds gross weight and vehicles in combination except auto stages shall not exceed sixty miles per hour and may be established at a lower limit by the secretary as provided in RCW 46.61.405.
(3) The word "trucks" used by the department on signs giving notice of maximum speed limits means vehicles over ten thousand pounds gross weight and all vehicles in combination except auto stages.
(4) Whenever the secretary establishes maximum speed limits for auto stages lower than the maximum limits for automobiles, the secretary shall cause to be mailed notice thereof to each auto transportation company holding a certificate of public convenience and necessity issued by the Washington utilities and transportation commission. The notice shall be mailed to the chief place of business within the state of Washington of each auto transportation company or if none then its chief place of business without the state of Washington.
Sec. 4. RCW 46.61.415 and 1977 ex.s. c 151 s 36 are each amended to read as follows:
(1) Whenever local authorities in their respective jurisdictions determine on the basis of an engineering and traffic investigation that the maximum speed permitted under RCW 46.61.400 or 46.61.440 is greater or less than is reasonable and safe under the conditions found to exist upon a highway or part of a highway, the local authority may determine and declare a reasonable and safe maximum limit thereon which
(a) Decreases the limit at intersections; or
(b) Increases the limit but not to more than sixty-five miles per hour; or
(c) Decreases the limit but not to less than twenty miles per hour.
(2) Local authorities in their respective jurisdictions shall determine by an engineering and traffic investigation the proper maximum speed for all arterial streets and shall declare a reasonable and safe maximum limit thereon which may be greater or less than the maximum speed permitted under RCW 46.61.400(2) but shall not exceed sixty-five miles per hour.
(3) ((The
secretary of transportation is authorized to establish speed limits on county
roads and city and town streets as shall be necessary to conform with any
federal requirements which are a prescribed condition for the allocation of
federal funds to the state.
(4))) Any
altered limit established as hereinbefore authorized shall be effective when
appropriate signs giving notice thereof are erected. Such maximum speed limit
may be declared to be effective at all times or at such times as are indicated
upon such signs; and differing limits may be established for different times of
day, different types of vehicles, varying weather conditions, and other factors
bearing on safe speeds, which shall be effective when posted upon appropriate
fixed or variable signs.
(((5)))
(4) Any alteration of maximum limits on state highways within
incorporated cities or towns by local authorities shall not be effective until
such alteration has been approved by the secretary of transportation.