SB 33 — Relating to motor vehicles and traffic; to amend Sections 11-49-4, 32-5A-173, and 32-5A-176, Code of Alabama 1975; to prohibit a municipality from setting speed limits on county-maintained streets within its corporate limits in certain circumstances; and to make nonsubstantive, technical revisions to update the existing code language to current style.

SB33 ENGROSSEDENROLLED CXORWQ-2CXORWQ-3 By Senator Livingston RFD:

07-Mar-23 2023 Regular Session Page 0 SB33 EngrossedEnrolled 2Enrolled, 4An 6Act, A3 BILL TO BE ENTITLED AN ACT Relating to motor vehicles and traffic;

(b) Notwithstanding subsection (a), a municipality may Page 1 SB33 Engrossed not fix the speed at which motor vehicles may be operated on a county-maintained street, as defined in Section 11-49-80, located within the corporate limits of the municipality unless the municipality conducts an engineering and traffic investigation and receives written approval from the county engineer to fix the speed based on the results of that Page 1 SB33 Enrolled investigation." "§32-5A-173 (a) Whenever Except as provided in subsection (f), whenever local authorities in their respective jurisdictions determine on the basis of an engineering and traffic investigation that the maximum speed permitted under this article is greater or less than is reasonable and safe is unreasonable under the conditions found to exist upon a highway or part of a highway, the local authority may determine and declare set a reasonable and safe maximum limit thereon which:

or (4) Increases the limit on any street, unpaved road, or highway under the jurisdiction and control of any county commission but not to more than the maximum rate of speed that Page 2 SB33 Engrossed is prescribed under subdivision (3) or by the Governor under subdivision (6) of consistent with Section 32-5A-171.

(b) 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 Page 2 SB33 Enrolled be greater or less than the maximum speed permitted under this chapter for an urban district.

(f) A municipality may not fix the speed at which motor vehicles may be operated on a county-maintained street, as defined in Section 11-49-80, located within the corporate limits of the municipality unless the municipality conducts an engineering and traffic investigation and receives written Page 3 SB33 Engrossed approval from the county engineer to fix the speed based on the results of that investigation." "§32-5A-176 (a) No person shall drive a vehicle over any bridge or other elevated structure constituting a part of a highway at a speed which that is greater than the maximum speed which that Page 3 SB33 Enrolled can be safely maintained with safety to on such bridge or structure, when such the bridge or structure is signposted as provided in this section.

(b) The Except as provided in subsection (d), the 95 Department of Transportation and local authorities on highways under their respective jurisdictions may conduct an investigation of any bridge or other elevated structure constituting a part of a highway, and if it shall thereupon find that such the department or local authority finds that the bridge or structure cannot with safety to itself safely 95 withstand vehicles traveling at the speed otherwise permissible under this chapter, the Department of Transportation or local authority shall determine and declare the set a maximum vehicle speed of vehicles which such that the structure can safely withstand, and shall cause or permit suitable signs stating such the maximum speed to be erected and maintained before each end of such the structure.

(c) Upon the trial of any person charged with a violation of this section, proof of the determination of the maximum speed by the Department of Transportation and the existence of the signs shall constitute conclusive evidence of the maximum speed which that can be safely maintained with Page 4 SB33 Engrossed safety to such on the bridge or structure.

(d) A municipality may not fix the speed at which motor vehicles may be operated on a county-maintained street, as defined in Section 11-49-80, located within the corporate limits of the municipality unless the municipality conducts an engineering and traffic investigation and receives written Page 4 SB33 Enrolled approval from the county engineer to fix the speed based on the results of that investigation." Section 2.

Page 5 SB33 EngrossedEnrolled Senate________________________________________________ ReadPresident forand thePresiding firstOfficer timeof andthe referredSenate ................07-Mar-23________________________________________________ toSpeaker of the SenateHouse committeeof onRepresentatives CountySB33 andSenate Municipal04-Apr-23 GovernmentI Readhereby forcertify that the secondwithin timeAct andoriginated placedin ................21-Mar-23and onpassed the calendar:Senate, as amended.

1 amendment Read for the third time and passed ................04-Apr-23 as amended Yeas 29 Nays 0 Abstains 0 Patrick Harris, Secretary.

PageHouse 6of Representatives Passed:

27-Apr-23 By:

Senator Livingston Page 6