SB 359 — MAX SPEED LIMIT FOR CERTAIN TRUCKS

SENATE BILL 359 5454TH THLEGISLATURE LEGISLATURE- STATE OF NEW MEXICO - STATEOFNEWMEXICO- FIRST SESSIO,SESSION, 2019 INTRODUCED BY George K.

Munoz 6Pursuant 8to 10House ANRule ACT24-1, RELATINGthis TOdocument MOTORincorporates VEHICLES;amendments that have been adopted prior to consideration of this measure by the House.

SETTINGIt Ais MAXIMUMa SPEEDtool LIMITto FORshow TRUCKthe TRACTORSamendments ATTACHEDin TOcontext Aand FREIGHTis TRAILER;not to be used for the purpose of amendments.

REQUIRINGAN TRUCKACT TRACTORSRELATING ATTACHED TO AMOTOR FREIGHTVEHICLES; TRAILER TO DRIVE IN THE RIGHT- HAND LANE ON INTERSTATE HIGHWAYS.

16HCEDCºSETTING BEA ITMAXIMUM ENACTEDSPEED BYLIMIT THEh LEGISLATUREFOR OFTRUCK TRACTORS ATTACHED TO A FREIGHT TRAILER;»HCEDC g o t hr REQUIRING TRUCK TRACTORS ATTACHED TO A FREIGHT TRAILER TO DRIVE g e i k IN THE STATERIGHT-HAND OFLANE NEWON MEXICO:INTERSTATE HIGHWAYS.

eh tr 17i SECTIONs 1.h , t, BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Sectione 66-7-301u NMSAg 1978e (beingb Laws 1978, w l ne de 18h ChapterHCEDCº 35,SECTION Section1. 405, as amended) is amended to read:

Section 66-7-301 NMSA 1978 (being Laws n d d i = = 19o "66-7-301.h 1978, Chapter 35, Section 405, as amended) is amended to read:

SPEEDl REGULATION.--] ab l,d i a º e r"66-7-301. 20 A.

NoSPEED personREGULATION.-- shallr drivei a= vehicler ont ae highwayw atd a t m m 21 a speedn greatero than:A.

dNo rperson eshall 22drive (1)a fifteenvehicle miles per hour on all highways c e s k 23 when passing a schoolhighway whileat childrend arem going: to or leaving e a n b 24 school and when the school zone is properly posted;

ub [e (2)d thirtys milesº pero hourt inn = .211973.1 s k m e e a businessn ore .211973.1d residencer district;e l u [ A d a speed greater than:

(1) fifteen miles per hour on all highways when passing a school while children are going to or leaving school and when the school zone is properly posted;

(2) thirty miles per hour in a business or residence district;

(4) sixtyHCEDCºSPACºsixty»SPAC SPACºsixty- five»SPAC»HCEDC HCEDCºsixty»HCEDC miles per hour HCEDCºSPACºon interstate highways»SPAC»HCEDC if the vehicle is a truck tractor attached to a freight trailer;

and [(5)] (6) the posted speed limit in construction zones posted as double fine zones or other safety h zones posted as double fine zones as designated by the u » r t h department of transportation;

provided that the posted speed g e l i limit shall be determined by an engineering study performed by h r i s the department of transportation.

h , e h t u g B.

In every event, speed shall be so controlled by e b l e e , gh the driver as may be necessary:

n d d i = = o h l ] b ,d (1) to avoid colliding with a person, vehicle ei a º r e 17r = or other conveyance on or entering the highway;

et e nw d 18m (2) to comply with legal requirements as may = = l ] 19 be established by the department of transportation or the New a ln ro id 20m Mexico: state police division of the department of public safety t e a t and the duty of all persons to use due care;

andb mr me 21t eº do rt en 22= (3).211973.1 tos protectk workersm ine construction- zones2 c- e a n e d r ce 23l postedu as[ doubleA fined zones(2) orto othercomply safetywith zoneslegal postedrequirements as emay abe nestablished bby 24the doubledepartment fineof zonestransportation asor designatedthe byNew Mexico state police division of the department of upublic [safety transportation.and the duty of all persons to use due care;

.211973.1and -(3) 2to -protect C.workers in construction zones posted as double fine zones or other safety zones posted as double fine zones as designated by the department of transportation.

C.

Whenever the secretary of [highway andand] ] transportation determines upon the basis of an engineering h survey and traffic investigation, a detailed report of which is u » r t h filed with the [traffic safetysafety] ] bureau [of the state highway g e l i and transportation department], that any speed established by h r i s law is greater or less than is reasonable or safe under the h , e h t u g conditions found to exist upon any part of a state highway, the e b l e e , gh secretary of [highway andand] ] transportation may declare the speed n d d i = = o h l ] b ,d limit for that part, and that speed limit shall be authorized i a º r e r = and effective when appropriate signs giving notice thereof are et e 17w erectedd atm thata particularn parto ofd them highway;:

providedb thatr e et nº do 18t non speed limit shall be declared greater than seventy-five = =.211973.1 ls ]k 19m milese per- hour3 or- sixtye milesa pern houre ifd ther vehiclee isl au a[ lA rd ierected 20at truckthat tractorparticular attachedpart toof athe freighthighway; trailer.

Theprovided declarationthat tno e a t of speed limitslimit byshall thebe secretarydeclared ofgreater [highwaythan andseventy-five ]miles mper mhour 21or eHCEDCºSPACºsixty»SPAC dSPACºsixty- rfive»SPAC»HCEDC eHCEDCºsixty»HCEDC 22miles transportationper shallhour notHCEDCºSPACºon beinterstate consideredhighways»SPAC»HCEDC rulesif forthe purposesvehicle ofis ca etruck rtractor cattached 23to thea Statefreight Rulestrailer. Act.

eThe adeclaration nof bspeed 24limits B.by the secretary of [highway and] transportation shall not be considered rules for purposes of the State Rules Act.

WheneverB. a local authority determines upon the u [ basis of an engineering survey and traffic investigation that .211973.1 - 3 - any speed limit permitted under state law or local ordinance is greater or less than is reasonable or safe under the conditions found to exist upon any part of a highway within its jurisdiction, it may declare a speed limit for that part, and that speed limit shall be authorized and effective when appropriate signs giving notice thereof are erected at that particular part of the highway;

providedWhenever a local authority determines upon the basis of an engineering survey and traffic investigation that noany speed limit shallpermitted beunder declaredstate law or local ordinance is greater or less than seventy-fiveis milesreasonable peror hour.safe under the conditions found to exist upon any part of a highway within its jurisdiction, it may declare a speed limit for that part, and that speed limit shall be authorized and effective when h appropriate signs giving notice thereof are erected at that u » r t h particular part of the highway;

C.provided that no speed limit g e l i shall be declared greater than seventy-five miles per hour.

Engineeringh surveysr andi traffics investigationsC. made by local authorities shall be on a form approved by the secretary of [highway and ] transportation.

IfEngineering engineerssurveys areand nottraffic availableinvestigations toh the, locale authorities,h thet [stateu highwayg andmade ]by departmentlocal ofauthorities transportationshall [department]be mayon makea form approved by the surveyse andb investigationsl fore thee local, authorities.gh secretary of [highway and] transportation.

If engineers are n d d i = = o h l ] b ,d not available to the local authorities, the [state highway and] i a º r e r = department of transportation [department] may make the surveys t e w d m a n o d m :

b r e t º o t n = .211973.1 s k m e - 4 - e a n e d r e l u [ A d and investigations for the local authorities.

Speed zones may be marked by a sign containing a flashing yellow light and, when the light is in operation, the e e 17 speed limit, instructions or regulations on the sign are in e e n d 18 effect.

= = l ] 19 E.

Alteration of speed limits on state highways by a l r i 20 local authorities is not effective until approved by the t e a t secretary of [highway andand] ] transportation.

m m 21 e d r e 22 F.

The provisions of Subsections A and B of this c e r c 23 section shall not apply to changes of speed limit in e a n b 24 construction zones authorized pursuant to Section 66-7-303.1 u [ NMSA 1978."1978."»HCEDC .211973.1 - 4 - SECTION 3.HCEDCº3.