1. Politics and Speed Zoning in Texas Aren Cambre ENCE 7391 9-22-04

2. Agenda Speed Zoning Basics Texas Statutes Texas Administrative Code (Rules) Flowcharts

3. Speed Zoning Basics Key concept: 85 th percentile speed Separates “reasonable” from “unsafe” Speed limits usually should be 85 th percentile speed

4. Best Practice Speed Zoning Measurement Analysis Set the limit

5. Reality Lots of political interference –Rules –Statutes –Loopholes

6. Texas Statutes Statutes are laws passed by Texas Legislature Several statutes affect speed limits and speed zoning All in Transportation Code

7. Two Key Statutes § 545.351. MAXIMUM SPEED REQUIREMENT –“Reasonable and prudent” § 545.352. PRIMA FACIE SPEED LIMITS –Various statutory (default) speed limits, including: On rural roads day: In city streets: In alleys: Etc.

8. Altering the “Default” Limit Should US 75’s speed limit be 30 MPH inside city limits? Jurisdictions can change default speed limits with restrictions

9. Texas Transportation Commission 3 member commission that oversees TxDOT Political appointees Given power to change speed limit of: –Any non-city road in state highway system –Any limited-access road in state highway system, even if in city TTC speed limits overrule any other limits

10. Powers of TTC § 545.353. AUTHORITY OF TEXAS TRANSPORTATION COMMISSION TO ALTER SPEED LIMITS. § 545.3531. AUTHORITY OF TEXAS TRANSPORTATION COMMISSION TO ESTABLISH SPEED LIMITS ON TRANS-TEXAS CORRIDOR. § 545.3535. AUTHORITY OF TEXAS TRANSPORTATION COMMISSION TO ALTER SPEED LIMITS ON CERTAIN ROADS. If default limit is “unreasonable or unsafe,” may declare new limit. Must do traffic investigation. Must follow “Procedures for Establishing Speed Zones.”

11. TTC, Cont. Generally capped at allowed in certain rural counties allowed on “Trans-Texas Corridor” No more environmental speed limits. May set “wet weather” speed limit.

12. TTC, Cont. FM roads: –Allowed to consider “local public opinion” on FM road speed limits on request of county commissioners –But still must use “sound and generally accepted” engineering practices

13. Regional Tollway Authorities § 545.354. AUTHORITY OF REGIONAL TOLLWAY AUTHORITIES TO ALTER SPEED LIMITS ON TURNPIKE PROJECTS. Generally same powers as TTC on roads they own.

14. Regional Mobility Authorities § 370.033. GENERAL POWERS. Generally same powers as TTC on roads they own.

15. County Commissioners § 545.355. AUTHORITY OF COUNTY COMMISSIONERS COURT TO ALTER SPEED LIMITS. Generally same authority as TTC on county roads except: –No lower than except for residential, non- thoroughfare roads, which can be. –Maximum speed limit is, except Harris County can set on roads it owns. (Harris County owns some toll roads.)

16. Cities § 545.356. AUTHORITY OF MUNICIPALITY TO ALTER SPEED LIMITS. Generally same powers as TTC except can only set up to.

17. Military Reservation § 545.358. AUTHORITY OF COMMANDING OFFICER OF UNITED STATES MILITARY RESERVATION TO ALTER SPEED LIMITS. Generally same powers as TTC except can only set up to.

18. Minimum Speed Limit § 545.363. MINIMUM SPEED REGULATIONS. Toothless: can ignore minimum speed limit for “safe operation or [to be] in compliance with law.”

19. Private Roads § 542.006. SPEED RESTRICTIONS ON PRIVATE ROADS. Private, rural subdivisions can petition for speed limits.

20. Speed Limits and Civil Cases § 542.206. EFFECT OF SPEED LIMITS IN A CIVIL ACTION. Guilt is not proven just because you are speeding. Driver negligence must be proven.

21. Passing an Emergency Vehcile § 545.157. PASSING AUTHORIZED EMERGENCY VEHICLE. 20 under or move over.

22. Other Vehicles transporting “electric power transmission poles” may not exceed. Vehicles transporting mobile homes may not exceed. Certain vehicles authorized by ports bordering Mexico cannot exceed. School busses may not exceed (or if not inspected). Speed limit is if in county park in county bordering Gulf of Mexico.

23. Texas Administrative Code “Rules” and “regulations” created by Texas agencies. “Procedures for Establishing Speed Zones” in this.

24. Procedures for Establishing Speed Zones Detailed document that defines: –Regulatory and Advisory Speeds –Defense of current speed zoning practice –Actual speed zoning procedure –Procedure for approval of speed zones –Procedure for applying advisory speeds

25. Actual Procedure

26. Reality

27. Questions?