HB 363 — AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO RESIDENTIAL SPEED LIMITS.

Berry HOUSE& OFSen. REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE AMENDMENT NO.

1Huxtable TORep. HOUSE BILL NO.

363Ortega; AMEND House Bill No.

363Sen. by deleting line 7 in its entirety and inserting in lieu thereof the following:

“(2)Seigfried 20HOUSE orOF 25REPRESENTATIVES miles153rd perGENERAL hourASSEMBLY inHOUSE anyBILL residentialNO. residence district;

district,363 atAN theACT discretionTO ofAMEND theTITLE agency21 owningOF theTHE roadway;”.DELAWARE CODE RELATING TO RESIDENTIAL SPEED LIMITS.

FURTHERBE AMENDIT HouseENACTED BillBY No.THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

363Section by1. deleting lines 15 through 19 in their entirety and inserting in lieu thereof the following:

“SectionAmend 3.§ 4169, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

This§ Act4169. is effective immediately, but a lower speed limit on residential roadways may not be enforced until the agency or entity with responsibility for the roadway has posted new signage with the updated speed limit on the roadway.”.

SYNOPSISSpecific Thisspeed Amendmentlimits; allows further discretion within agencies in changing posted speeds in residence districts.

Thispenalty. Amendment also changes the word "residential" to "residence" to reflect the definition used in Title 21.

This(a) AmendmentWhere updatesno special hazard exists, the enactmentfollowing languagespeeds toshall reflectbe thatlawful, thebut lowerany speed limitin mayexcess notof such limits shall be enforcedabsolute untilevidence that the agencyspeed is not reasonable or entityprudent withand responsibilitythat postsit newis signageunlawful on[for] theall roadway.types of vehicles:

(1) 25 miles per hour in any business district;

(2) 25 20 miles per hour in any residential district;

Section 2.

Amend § 4170, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4170.

Speed limits set by local authorities.

(a) Whenever local authorities within their respective jurisdictions determine upon the basis of an engineering and or traffic investigation that the absolute speed permitted under this chapter is greater than is reasonable or safe under the conditions found to exist, such local authority, subject to subsection (c) of this section, shall determine and declare a reasonable and safe absolute speed limit, which shall be effective when appropriate signs giving notice thereof are erected.

Section 3.

This Act is effective immediately, but the lower speed limit on residential roadways may not be enforced until the earlier of the following:

(1) When the agency or entity with responsibility for the roadway has posted new signage with the updated speed limit on the roadway.

(2) Five years from the effective date of this Act.

SYNOPSIS This Act changes the statutory speed limit for residential districts to 20 miles per hour.

This Act provides a 5-year window for signage to be updated.

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