AL
Alabama Senate Bill SB33

Alabama 2023 Regular Session

Alabama Senate Bill SB33 Compare Versions

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1-SB33ENROLLED
1+SB33INTRODUCED
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44 By Senator Livingston
55 RFD: County and Municipal Government
66 First Read: 07-Mar-23
7-2023 Regular Session
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15-Enrolled, An Act,
13+SYNOPSIS:
14+Under existing law, a municipality is
15+responsible for setting speed limits on streets within
16+its corporate limits.
17+This bill would provide that a municipality may
18+not set speed limits on county-maintained streets
19+within its corporate limits.
20+This bill would also make nonsubstantive,
21+technical revisions to update the existing code
22+language to current style.
23+A BILL
24+TO BE ENTITLED
25+AN ACT
1626 Relating to motor vehicles and traffic; to amend
1727 Sections 11-49-4, 32-5A-173, and 32-5A-176, Code of Alabama
1828 1975; to prohibit a municipality from setting speed limits on
19-county-maintained streets within its corporate limits in
20-certain circumstances; and to make nonsubstantive, technical
21-revisions to update the existing code language to current
22-style.
29+county-maintained streets within its corporate limits; and to
30+make nonsubstantive, technical revisions to update the
31+existing code language to current style.
2332 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
2433 Section 1. Sections 11-49-4, 32-5A-173, and 32-5A-176,
2534 Code of Alabama 1975, are amended to read as follows:
26-"§11-49-4
27-(a) Except as otherwise provided in this Code, the
28-several cities and towns in this state each municipality shall
29-fix by ordinance the speed at which motor vehicles may be
30-operated within their respective its corporate limits and
31-shall fix the punishment for any violation of such ordinance
32-within the limits of fine and imprisonment or either as now
33-authorized or required by in accordance with state law.
34-(b) Notwithstanding subsection (a), a municipality may
35-not fix the speed at which motor vehicles may be operated on a
36-county-maintained street, as defined in Section 11-49-80,
37-located within the corporate limits of the municipality unless
38-the municipality conducts an engineering and traffic
39-investigation and receives written approval from the county
40-engineer to fix the speed based on the results of that
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70-investigation."
64+"§11-49-4
65+(a) Except as otherwise provided in this Code, the
66+several cities and towns in this state each municipality shall
67+fix by ordinance the speed at which motor vehicles may be
68+operated within their respective its corporate limits and
69+shall fix the punishment for any violation of such ordinance
70+within the limits of fine and imprisonment or either as now
71+authorized or required by in accordance with state law.
72+(b) Notwithstanding subsection (a), a municipality may
73+not fix the speed at which motor vehicles may be operated on a
74+county-maintained street, as defined in Section 11-49-80,
75+located within the corporate limits of the municipality. "
7176 "§32-5A-173
7277 (a) Whenever Except as provided in subsection (f),
7378 whenever local authorities in their respective jurisdictions
7479 determine on the basis of an engineering and traffic
7580 investigation that the maximum speed permitted under this
7681 article is greater or less than is reasonable and safe is
7782 unreasonable under the conditions found to exist upon a
7883 highway or part of a highway, the local authority may
7984 determine and declare set a reasonable and safe maximum limit
8085 thereon which:
8186 (1) Decreases the limit at intersections;
8287 (2) Increases the limit within an urban district but
8388 not to more than the maximum rate of speed that may be
8489 prescribed by the Governor under subdivision (6) of consistent
8590 with Section 32-5A-171;
8691 (3) Decreases the limit on any street, unpaved road, or
87-highway under the jurisdiction and control of any county
88-commission; or
89-(4) Increases the limit on any street, unpaved road, or
90-highway under the jurisdiction and control of any county
91-commission but not to more than the maximum rate of speed that
92-is prescribed under subdivision (3) or by the Governor under
93-subdivision (6) of consistent with Section 32-5A-171.
94-(b) Local authorities in their respective jurisdictions
95-shall determine by an engineering and traffic investigation
96-the proper maximum speed for all arterial streets and shall
97-declare a reasonable and safe maximum limit thereon which may
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121+highway under the jurisdiction and control of any county
122+commission; or
123+(4) Increases the limit on any street, unpaved road, or
124+highway under the jurisdiction and control of any county
125+commission but not to more than the maximum rate of speed that
126+is prescribed under subdivision (3) or by the Governor under
127+subdivision (6) of consistent with Section 32-5A-171.
128+(b) Local authorities in their respective jurisdictions
129+shall determine by an engineering and traffic investigation
130+the proper maximum speed for all arterial streets and shall
131+declare a reasonable and safe maximum limit thereon which may
127132 be greater or less than the maximum speed permitted under this
128133 chapter for an urban district .
129134 (c) Any altered limit established as hereinabove
130135 authorized shall according to this section may be effective at
131136 all times, or during hours of darkness , or at other times as
132137 may be determined when appropriate signs giving notice thereof
133138 are erected upon the street or highway.
134139 (d) Any alteration of maximum limits on state highways
135140 or extensions thereof in a municipality by local authorities
136141 shall not be effective until the alteration has been approved
137142 by the Department of Transportation.
138143 (e)(1) Not more than six alterations as hereinabove
139144 authorized pursuant to this section shall be made per mile
140145 along a street or highway, except in the case of reduced
141146 limits at intersections , and the .
142147 (2) The difference between adjacent limits shall not be
143148 more than 10 miles per hour.
144-(f) A municipality may not fix the speed at which motor
145-vehicles may be operated on a county-maintained street, as
146-defined in Section 11-49-80, located within the corporate
147-limits of the municipality unless the municipality conducts an
148-engineering and traffic investigation and receives written
149-approval from the county engineer to fix the speed based on
150-the results of that investigation. "
151-"§32-5A-176
152-(a) No person shall drive a vehicle over any bridge or
153-other elevated structure constituting a part of a highway at a
154-speed which that is greater than the maximum speed which that
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178+(f) A municipality may not fix the speed at which motor
179+vehicles may be operated on a county-maintained street, as
180+defined in Section 11-49-80, located within the corporate
181+limits of the municipality. "
182+"§32-5A-176
183+(a) No person shall drive a vehicle over any bridge or
184+other elevated structure constituting a part of a highway at a
185+speed which that is greater than the maximum speed which that
184186 can be safely maintained with safety to on such bridge or
185187 structure, when such the bridge or structure is signposted as
186188 provided in this section.
187189 (b) The Except as provided in subsection (d), the
188190 Department of Transportation and local authorities on highways
189191 under their respective jurisdictions may conduct an
190192 investigation of any bridge or other elevated structure
191193 constituting a part of a highway, and if it shall thereupon
192194 find that such the department or local authority finds that
193195 the bridge or structure cannot with safety to itself safely
194196 withstand vehicles traveling at the speed otherwise
195197 permissible under this chapter, the Department of
196198 Transportation or local authority shall determine and declare
197199 the set a maximum vehicle speed of vehicles which such that
198200 the structure can safely withstand, and shall cause or permit
199201 suitable signs stating such the maximum speed to be erected
200202 and maintained before each end of such the structure.
201203 (c) Upon the trial of any person charged with a
202204 violation of this section, proof of the determination of the
203205 maximum speed by the Department of Transportation and the
204-existence of the signs shall constitute conclusive evidence of
205-the maximum speed which that can be safely maintained with
206-safety to such on the bridge or structure.
207-(d) A municipality may not fix the speed at which motor
208-vehicles may be operated on a county-maintained street, as
209-defined in Section 11-49-80, located within the corporate
210-limits of the municipality unless the municipality conducts an
211-engineering and traffic investigation and receives written
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241-approval from the county engineer to fix the speed based on
242-the results of that investigation. "
235+existence of the signs shall constitute conclusive evidence of
236+the maximum speed which that can be safely maintained with
237+safety to such on the bridge or structure.
238+(d) A municipality may not fix the speed at which motor
239+vehicles may be operated on a county-maintained street, as
240+defined in Section 11-49-80, located within the corporate
241+limits of the municipality. "
243242 Section 2. This act shall become effective on the first
244243 day of the third month following its passage and approval by
245244 the Governor, or its otherwise becoming law.
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252-________________________________________________
253-President and Presiding Officer of the Senate
254-________________________________________________
255-Speaker of the House of Representatives
256-SB33
257-Senate 04-Apr-23
258-I hereby certify that the within Act originated in and passed
259-the Senate, as amended.
260-Patrick Harris,
261-Secretary.
262-House of Representatives
263-Passed: 27-Apr-23
264-By: Senator Livingston
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