This may seem like a strange question but I am wondering what the laws are in regard to the way speed limits are set.  I vaguely recall that they can just arbitrarily set them and that they must do traffic studies and apply by certain standards.  Is that true, and does anyone know what those standards and laws are?

This is from the NJ FAQ Driving page:

http://www.nj.gov/faqs/drive/

 

"New Jersey law sets top speed limits for any given road, street, highway, or freeway. The speed limit, unless otherwise posted, is 25 mph in school zones, business, or residential districts; 35 mph in certain low density business and residential districts; 50 mph on all other roadways; 55 mph on certain state highways (as posted) and all interstates; and 65 mph on certain state highways (as posted)."

This is from the NJ FAQ Driving page:

http://www.nj.gov/faqs/drive/

 

"New Jersey law sets top speed limits for any given road, street, highway, or freeway. The speed limit, unless otherwise posted, is 25 mph in school zones, business, or residential districts; 35 mph in certain low density business and residential districts; 50 mph on all other roadways; 55 mph on certain state highways (as posted) and all interstates; and 65 mph on certain state highways (as posted)."

Thanks, but that does not say how they are set and what the laws are in relation to establishing them.  I vaguely recall something to the effect that they must do traffic studies and cannot set the limit lower than what some percentage of cars are actually driving at but not sure what that percentage is.

http://njlaw.rutgers.edu/cgi-bin/njstats/showsect.cgi?title=39&chapter=4&section=98&actn=getsect

 

New Jersey Statutes, Title: 39, MOTOR VEHICLES AND TRAFFIC REGULATION

 

    Chapter 4: Application of chapter

 

      Section: 39:4-98: Rates of speed.

 

39:4-98. Rates of speed. Subject to the provisions of R.S.39:4-96 and R.S.39:4-97 and except in those instances where a lower speed is specified in this chapter, it shall be prima facie lawful for the driver of a vehicle to drive it at a speed not exceeding the following: 

 

a. Twenty-five miles per hour, when passing through a school zone during recess, when the presence of children is clearly visible from the roadway, or while children are going to or leaving school, during opening or closing hours; 

 

b. (1) Twenty-five miles per hour in any business or residential district; 

 

(2) Thirty-five miles per hour in any suburban business or residential district; 

 

c. Fifty miles per hour in all other locations, except as otherwise provided in the "Sixty-Five MPH Speed Limit Implementation Act," pursuant to section 2 of P.L.1997, c.415 (C.39:4-98.3 et al.). 

 

Whenever it shall be determined upon the basis of an engineering and traffic investigation that any speed hereinbefore set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a highway, the Commissioner of Transportation, with reference to State highways, may by regulation and municipal or county authorities, with reference to highways under their jurisdiction, may by ordinance, in the case of municipal authorities, or by ordinance or resolution, in the case of county authorities, subject to the approval of the Commissioner of Transportation, except as otherwise provided in R.S.39:4-8, designate a reasonable and safe speed limit thereat which, subject to the provisions of R.S.39:4-96 and R.S.39:4-97, shall be prima facie lawful at all times or at such times as may be determined, when appropriate signs giving notice thereof are erected at such intersection, or other place or part of the highway. Appropriate signs giving notice of the speed limits authorized under the provisions of paragraph (1) of subsection b. and subsection c. of this section may be erected if the commissioner or the municipal or county authorities, as the case may be, so determine they are necessary. Appropriate signs giving notice of the speed limits authorized under the provisions of subsection a. and paragraph (2) of subsection b. of this section shall be erected by the commissioner or the municipal or county authorities, as appropriate. 

 

When designating reasonable and safe speed limits for a street under its jurisdiction pursuant to this subsection, as part of an engineering and traffic investigation, a municipality or county shall consider, but not be limited to, the following criteria: residential density; the presence, or lack, of sidewalks; the prevalence of entry and exit ways for business and commercial establishments; whether school children walk adjacent to the street on their way to and from school; and the proximity of recreational or park areas, schools, community residences, family day care homes, child care centers, assisted living facilities or senior communities. Nothing in this paragraph shall substitute for traffic count, accident, and speed sampling data as appropriate. 

 

The driver of every vehicle shall, consistent with the requirements of this section, drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions. 

 

The Commissioner of Transportation shall cause the erection and maintenance of signs at such points of entrance to the State as are deemed advisable, setting forth the lawful rates of speed, the wording of which shall be within his discretion.

 

http://njlaw.rutgers.edu/cgi-bin/njstats/showsect.cgi?title=39&chapter=4&section=98&actn=getsect

 

New Jersey Statutes, Title: 39, MOTOR VEHICLES AND TRAFFIC REGULATION

 

    ..... Nothing in this paragraph shall substitute for traffic count, accident, and speed sampling data as appropriate.... 

 

 

Interesting, lots of words but what does the one line I left say about all that verbiage?

The Government can set the speed limit to whatever they want.

 

Sent from an undisclosed location via Tapatalk.

Interesting, lots of words but what does the one line I left say about all that verbiage?

Traffic count, accident, and speed sampling need to be done as I read it. Those other factors need to be considered. All together they determine whatever speed limit the governing body decides.

 

If speed sampling were the only factor the speed limit on the GSP and NJSP would be 80.

Did you get a ticket Howard?

Did you get a ticket Howard?

Nope no ticket, no traffic stop. Just a question about how the government determines how to do things whether by scientific findings or pure arbitrary pick a number.

Nope no ticket, no traffic stop. Just a question about how the government determines how to do things whether by scientific findings or pure arbitrary pick a number.

 

You're referring to the NJ Government, right? I would go with "arbitrary".

Nope no ticket, no traffic stop. Just a question about how the government determines how to do things whether by scientific findings or pure arbitrary pick a number.

 

With things like 15 round mag limits and the AWB, you had to ask if the state does things arbitrarily?

With things like 15 round mag limits and the AWB, you had to ask if the state does things arbitrarily?

You read my mind Bob. I was looking to see if speed limits could be based on arbitrary number to just maybe save one life the way mag limits are. Glad someone was able to read between the lines on this questions.

Nope no ticket, no traffic stop. Just a question about how the government determines how to do things whether by scientific findings or pure arbitrary pick a number.

 

Always by scientific study and mathematical formulas which are saved in some file and archived forever.  This protects the decision maker from ever being responsible for any decisions made - he just followed the forumla.  Of course, the study method and formula are designed to give any result you want it to. 

You read my mind Bob. I was looking to see if speed limits could be based on arbitrary number to just maybe save one life the way mag limits are. Glad someone was able to read between the lines on this questions.

That too.  Ever wonder why about few hundred feet of an otherwise quite, 35 mph road is marked with 25 mph ?  Either something happened on that section or someone connected living there who think life of their family is more valuable than everyone else on that street.  Now, politicians like Mr. Sweeney gets their roads marked at 25, speeds at 60 rubbing nose at local police, just because they can.

Always by scientific study and mathematical formulas which are saved in some file and archived forever.  This protects the decision maker from ever being responsible for any decisions made - he just followed the forumla.  Of course, the study method and formula are designed to give any result you want it to. 

I was able to peak into that file once. Its quite simple. 

 

t_C = γ(w)( t_A - w/c² x_A)

 

Actual Speed Limit = t_{C * Pc * Ff * WTF}

 

Where as 

tC = Substantiated by actual data 

Pc = Politically Connectedness Factor

Ff =  Fudge, ahhm...Safety Factor

WTF = Self explanatory

I thought I was once told that the DOT does a traffic study (along with police input) and they determine the speed of a road. 

 

I know from experience that a road by me people complained of speeders. The local LE agency called the DOT and recommended the speed limit be dropped to 35 mph. Low and behold, it happened. 

I thought I was once told that the DOT does a traffic study (along with police input) and they determine the speed of a road. 

 

I know from experience that a road by me people complained of speeders. The local LE agency called the DOT and recommended the speed limit be dropped to 35 mph. Low and behold, it happened. 

 

Its a little bit of everything. The DOT will do traffic studies to complete the study.  A Traffic study start with the stown/ county. The traffic safety officer will start with counters for a week to two weeks to calculate the average speed and volume. Then the county could come out and that consist of a visual inspection with speed/volume counters, measure the road width, section of road in question, is it curb lined or natural easement, population density, side road/main artery/ highway. foot pedestrian, bike lane bike traffic, so many elements go into a traffic study.  To keep it simple, the "base" number for residential is 25 MPH. Even that is a rudamentry speed limit, its just a starting point or a control for other studies to be based off of.  After the study all the findings are laid out and this algorithm is used to come up with a speed limit. Some times residents can complain that a road way is not fast enough or traffic is flowing to fast. which could call for a traffic study. often times the traffic study for slower speed limits often backfires causing the posted speed limit to be raised.