AB 389

Under current law, the maximum speed limit on any freeway or expressway in

this state is 65 miles per hour. A "freeway" is defined as any state trunk highway

with four or more lanes of traffic separated by a barrier or median (a paved or

landscaped strip between opposing traffic) that gives preference to through traffic

by limiting access to only interchanges. An "expressway" is also defined as any state

trunk highway, but only a state trunk highway that the Department of

Transportation (DOT) determines has four or more lanes of traffic separated by a

barrier or median that gives preference to through traffic by use of interchanges or

by limiting at-grade access to selected public roads and driveways.

Also under current law, if DOT determines on the basis of an engineering and

traffic investigation that any statutory speed limit on the state trunk highway

system is greater or less than is reasonable or safe or that the actual speed of vehicles

is greater or less than is reasonable and prudent, DOT may determine and declare

a reasonable and safe speed limit on the applicable highway segment and post the

highway segment with signs imposing this modified speed limit. However, there are

limitations on DOT's authority to modify speed limits, and DOT may not declare a

speed limit greater than 55 miles per hour, except that the speed limit may be 65

miles per hour on a freeway or expressway.

This bill increases the maximum speed limit on freeways and expressways from

65 miles per hour to 70 miles per hour. This speed limit of 70 miles per hour does not

take effect until DOT posts the limit by official traffic signs, but the bill requires DOT

to post the 70 miles per hour limit on specified freeways or expressways within

approximately one month after the bill's effective date and on all other freeways or

expressways within approximately six months after the bill's effective date. The bill

also limits DOT's authority to modify the statutory speed limit of 70 miles per hour

on freeways and expressways. Under the bill, if DOT makes a determination

following the process under current law, described above, that a reasonable and safe

speed limit on a freeway or expressway is less than 70 miles per hour, DOT may notify

the Joint Committee on Finance (JCF) in writing of the proposed lower speed limit.

The proposed lower speed limit may be implemented by DOT, and DOT may post the

applicable freeway or expressway with the lower speed limit, only if JCF expressly

approves the proposed speed limit or implicitly approves the proposed speed limit by

failing to schedule a meeting for the purpose of reviewing the proposed speed limit

within 14 working days after the date of DOT's notification.

This bill also changes the definition of expressway to "a state trunk highway

that, as determined by [DOT], has 4 or more lanes of traffic physically separated by

a median or barrier and that gives preference to through traffic by allowing only

some at-grade access to roads and driveways", and the definition of freeway to "a

state trunk highway that, as determined by [DOT], has 4 or more lanes of traffic

physically separated by a median or barrier and that gives preference to through