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Politics and Speed Zoning in Texas

Politics and Speed Zoning in Texas. Aren Cambre ENCE 7391 9-22-04. Agenda. Speed Zoning Basics Texas Statutes Texas Administrative Code (Rules) Flowcharts. Speed Zoning Basics. Key concept: 85 th percentile speed Separates “reasonable” from “unsafe”

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Politics and Speed Zoning in Texas

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  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: 85th percentile speed • Separates “reasonable” from “unsafe” • Speed limits usually should be 85th 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?

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