HB 1071 — Speed limits; expands authority of any locality to reduce limit to less than 25 miles per hour.

SESSION HOUSEENROLLED SUBSTITUTEVIRGINIA 24106085DACTS AMENDMENT IN THE NATURE OF AASSEMBLY SUBSTITUTE–– (ProposedCHAPTER byE theAn HouseAct Committee on Transportation on February 1, 2024) (Patron Prior to Substitute––Delegate Carr) A BILL to amend and reenact §§ 46.2-878 and 46.2-1300 of the Code of Virginia, relating to speed limits;

R O [H 1071] Approved L L Be it enacted by the General Assembly of Virginia:

That §§ 46.2-878 and 46.2-1300 of the Code of Virginia are amended and reenacted as follows:E § 46.2-878.

VirginiaD aresubdivision amendedA 4 of § 46.2-1300, the Commissioner of Highways or other authority having jurisdiction over highways may decrease the speed limits set forth in § 46.2-870 and reenactedmay asincrease follows:or decrease the speed limits set forth in §§ 46.2-873 through 46.2-875 on any highway under its jurisdiction;

A.and may establish differentiated speed limits for daytime and nighttime by decreasing for nighttime driving the speed limits set forth in § 46.2-870 and by increasing for daytime or decreasing for nighttime the speed limits set forth in §§ 46.2-873 through 46.2-875 on any highway under his jurisdiction.

NotwithstandingSuch theincreased otheror provisionsdecreased ofspeed thislimits article, and exceptsuch asdifferentiated otherwisespeed providedlimits infor subdivisiondaytime Aand 4nighttime ofdrivinH §shall 46.2-1300,be theeffective Commissioneronly ofwhen Highwaysprescribed orafter othera authoritytraffic havingengineering jurisdictioninvestigation overand highwayswhen mayindicated decreaseon the1he speedestablished limits set forth in § 46.2-870 and mayposted increaseas orprovided decrease the speed limits set forth in §§this 46.2-873section. through 46.2-875 on any highway under its jurisdiction;

andThe mayincreased establishor differentiateddecreased speed limits forover daytimehighways andunder nighttimethe bycontrol decreasingof forthe nighttimeCommissioner driOingof theHighways limitsshall setbe fortheffective only when prescribed in §§writing 46.2-873by throughthe 46.2-875Commissioner of Highways and kept on anyfile highwayin underthe hisCentral jurisdiction.Office of the Department of Transportation.

SuchWhenever increasededthe speed limit on any highway has been increased or decreased or a differential speed limitslimit has been established and such differentiated speed limitslimit foris daytimeproperly andposted, nighttimethere driving shall be effectivea onlyrebuttable whenpresumption prescribedthat afterthe achange trafficin engineeringspeed investigationwas andproperly whenestablished indicatedin onaccordance with the highwayprovisions byof signs.this section.

It shall be is unlawful to operate any motor vehicle in excess of speed limitS established and posted as provided in this section.

The increased or decreased speed limits over highways under the control of the Commissioner of Highways shall be effective only when prescriEed in Transportation.

Whenever the speed limit on any highway has been increased or decreased or ament of differential speed limit has been established and such speed limit is properly posted, there shall be a rebuttable presumption that the change in speed was properly established in accordance with theS provisions of this section.

Notwithstanding any other provision of this article, including the provisions of subsection A, the governingordinance bodyreduce ofthe anyspeed townlimit locatedto entirelyless withinthan the25 confinesmiles ofper ahour Unitedon Statesany militaryhighway basBwithin mayits byboundaries,by provided such reduced speed limit is indicated by lawfully placed signs.ighwaysigns. within its boundaries, § 46.2-1300.

§ 46.2-1300.

maximum S penalties.

T A.

The governing bodies of counties, cities, and towns may adopt ordinances not in conflict Iithwith the 35 provisions of this title to regulate the operation of vehicles on the highways in such counties, cities, and 36 towns.

They may also repeal, amend, or modify such ordinances and may erect appropriate signs oTor 38markers highways.on the highway showing the general regulations applicable to the operation of vehicles on such authorize its chief administrative officer to:ty, or town may by ordinance, or may by ordinance 1.

TheIncrease governingor bodydecrease ofthe anyspeed county,limit city,within its boundaries, provided such increase or towndecrease mayin speed shall be based upon an engineering and traffic investigation by ordinance,such county, city or maytown byand ordinanceUnprovided such 39speed authorizearea itsor chiefzone administrativeis officerclearly to:indicated by markers or signs;

40 1.

Increase or decrease the speed limit within its boundaries, provided such increase or decrease in speed shall be based upon an engineering and traffic investigation by such county, city or townEand provided such speed area or zone is clearly indicated by markers or signs;

Authorize the city or town manager or such officer thereof as it may designate, to reduce for a temporary period not to exceed sixty 60 days, without such engineering and traffic investigation, the speed limit on any portion of any highway of the city or town on which work is being done or where the highway is under construction or repair;

more of the cityintersecting streets has been designated as a part of the primary state highway system in a or town on which workthat ishas beinga donepopulation orof whereless 3.than 3,500;

Require4. vehicles to come to a full stop or yield the right-of-way at a street intersection if one or more of the intersecting streets has been designated as a part of the primary state highway system in a town which that has a population of less than 3,500;

HReduce 4.the speed limit to less than 25 miles per hour, but not less than 15 miles per hour, on any highway, including those in the state highway system, within its boundaries that is located in a business district or residence district for which the existing posted speed limit is 25 miles per hour, and restore a speed limit that had been reduced pursuant to this subdivision to the speed limit that had been previously posted at that location, provided that such reduced or restored speed limit is indicated by lawfully placed signs.

ReduceAt theleast speed30 limitdays prior to lesschanging thana 25speed mileslimit per hour, but not less than 15 miles per hou1, on any highway,highway including those in the state highwaychange system, within its boundaries that is located in 7 business speed limit that had been reduced pursuant to this subdivision to the speedCommissioner limitof thatHighways. had beenHnd restore a previously posted at that location, provided that such reduced or restored speed limit is indicated by lawfully placed signs.

At least 30 days prior to changing a speed limit on any highway in the state highway system pursuant to this subdivision, the governing body shall provide written notice of the change to the Commissioner of Highways.

of 2 B.

No such ordinance shall be violated if at the time of the alleged violation the sign or marker HB1071H1 2 of 2 placed in conformity with this section is missing, substantially defaced, or obscured so that an ordinarily observant person under the same circumstances would not be aware of the existence of the ordinance.