| (1) |
Terms Used In Utah Code 41-6a-602- Department: means the Department of Public Safety. See Utah Code 41-6a-102
- Freeway: means a controlled-access highway that is part of the interstate system as defined in Section 72-1-102. See Utah Code 41-6a-102
- Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Limited access highway: means a highway:
| (a) | that is designated specifically for through traffic; and |
| (b) | over, from, or to which neither owners nor occupants of abutting lands nor other persons have any right or easement, or have only a limited right or easement of access, light, air, or view. See Utah Code 41-6a-102- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102
- Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102
|
| (a) |
The Department of Transportation shall determine the reasonable and safe speed limit for each highway or section of highway under its jurisdiction. |
| (b) |
For each highway or section of highway, each speed limit shall be based on a traffic engineering and safety study consistent with the requirements and recommendations in the most current version of the “Manual on Uniform Traffic Control Devices.” |
| (c) |
The traffic engineering and safety studies shall include:
| (ii) |
prevailing vehicle speeds; |
| (iv) |
highway, traffic, and roadside conditions; and |
| (v) |
other highway safety factors. |
|
| (2) |
The Department of Transportation may establish different speed limits on a highway or section of highway based on:
| (b) |
highway construction; |
| (d) |
weather conditions; and |
| (e) |
other highway safety factors. |
|
| (3) |
| (a) |
Except as provided in Subsection (3)(b) and (c), a posted speed limit may not exceed 65 miles per hour. |
| (b) |
Except as provided in Subsection (3)(c), a posted speed limit on a freeway or other limited access highway may not exceed 75 miles per hour. |
| (c) |
| (i) |
The Department of Transportation may establish a posted speed limit on a freeway or other limited access highway that exceeds the maximum speed limit in Subsection (3)(b) if the speed limit is based on a highway traffic engineering and safety study. |
| (ii) |
If the Department of Transportation establishes a posted speed limit that exceeds the limit under Subsection (3)(b), the Department of Transportation shall evaluate the results and impacts of increasing a speed limit under this Subsection (3)(c). |
|
| (d) |
This Subsection (3) is an exception to the provisions of Subsections (1) and (2). |
|
| (4) |
When establishing or changing a speed limit, the Department of Transportation shall consult with the following entities prior to erecting or changing a speed limit sign:
| (a) |
the county for state highways in an unincorporated area of the county; |
| (b) |
the municipality for state highways within the municipality’s incorporated area; |
| (c) |
the Department of Public Safety; and |
| (d) |
the Transportation Commission. |
|
| (5) |
The speed limit is effective when appropriate signs giving notice are erected along the highway or section of the highway. |
Amended by Chapter 42, 2022 General Session
|
