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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3894 By: Ford
AS INTRODUCED
An Act relating to motor vehicles; amending 47 O.S.
2021, Section 11-801, maximum and minimum speed
limits; setting minimum speed limit for interstates
and turnpikes; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 11 -801, is
amended to read as follows:
Section 11-801. A. Any person driving a vehicle on a highway
shall drive the same at a careful and prudent speed not greater than
nor less than is reasonable and proper, having due regard to the
traffic, surface and width of the highway and any other conditions
then existing. No person shall drive any vehicle upon a highway at
a speed greater than will permit the driver to bring it to a stop
within the assured clear distance ahead.
B. Except when a special hazard exists that requires lower
speed for compliance with subsection A of this section, the limits
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specified by law or established as hereinafter authorized shall be
maximum lawful speeds, and no person shall drive a vehicle on a
highway at a speed in excess of the following maximum limits:
1. On a highway or p art of a highway, unless otherwise
established in law, a speed established by the Department of
Transportation on the basis of engineering and traffic
investigations used to determine the speed that is reasonable and
safe under the conditions found to exis t on the highway or part of
the highway;
2. For a school bus, fifty -five (55) miles per hour on paved
two-lane roads except on the state highway system, the interstate
highway system and the turnpike system where the maximum shall be
sixty-five (65) miles per hour;
3. On any highway outside of a municipality in a properly
marked school zone, twenty-five (25) miles per hour, provided the
zone is marked with appropriate warning signs pl aced in accordance
with the latest edition of the Manual on Uniform Traf fic Control
Devices. The Department of Transportation may determine on the
basis of an engineering and traffic investigation that a speed limit
higher than twenty-five (25) miles per hour may be reasonable and
safe under conditions as they exist upon a hi ghway, and post an
alternative school zone speed limit. The Department shall mark such
school zones, or entrances and exits onto highways by buses or
students, so that the maximum spe ed provided by this section shall
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be established therein. Exits and ent rances to controlled-access
highways which are within such school zones shall be marked in the
same manner as other highways. The county commissioners shall mark
such school zones alo ng the county roads so that the maximum speed
provided by this section s hall be established therein. The signs
may be either permanent or temporary. The Department shall give
priority over all other signing projects to the foregoing duty to
mark school zones. The Department shall also provide other safety
devices for school zones which are needed in the opinion of the
Department;
4. Twenty-five (25) miles per hour or a posted alternative
school zone speed limit through state schools located on the state -
owned land adjoining or outside the limits of a corporate city or
town where a state educational institution is established;
5. Thirty-five (35) miles per hour on a highway in any state
park or wildlife refuge. Provided, however, that the provisions of
this paragraph shall not include the State Capitol park area, and no
person shall drive any vehicle at a rate of speed in excess of
fifty-five (55) miles per hour on any state or federal designated
highway within such areas; and
6. For any vehicle or comb ination of vehicles with solid rubber
or metal tires, ten (10) miles per hour.
The maximum speed limits set forth in this section may be
altered as authorized in Sections 11 -802 and 11-803 of this title.
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C. The Commission is hereby authorized to prescribe maximum and
minimum speeds for all vehicles and any combinations of veh icles
using controlled-access highways. Such regulations shall become
effective after signs have been posted on these highways giving
notice thereof. Such regulations may apply to an entirely
controlled-access highway or to selected sections thereof as m ay be
designated by the Commission. A minimum speed limit of sixty-five
(65) miles per hour and a maximum speed limit of seventy -five (75)
miles per hour may be set in locations comprising rural segments of
the interstate highway system by the Commiss ion; provided, however,
that speed is determined to be safe and reasonable after a traffic
or engineering study has been completed by the Department. It shall
be a violation of this section to drive any vehicle at a faster rate
of speed than such prescrib ed maximum or at a slower rate of speed
than such prescribed minimum. However, all vehicles shall at all
times conform to the limits set forth in subsection A of this
section.
Copies of such regulations certified as in effect on any
particular date by the Secretary of the Commission shall be accepted
as evidence in any court in this state. Whenever changes have been
made in speed zones, copies of such regulations shall be filed with
the Commissioner of Public Safety.
D. The Oklahoma Turnpike Authority is hereby authorized to
prescribe maximum and minimum speeds for trucks, buses and
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automobiles using turnpikes; provided, however, a minimum speed
limit of sixty-five (65) miles per hour and a maximum speed limit of
eighty (80) miles per hour may be set in loc ations comprising the
turnpike system, as may be approved by the A uthority. The
regulation pertaining to automobiles shall apply to all vehicles not
commonly classified as either trucks or buses. Such regulations
shall become effective only after approva l by the Commissioner of
Public Safety, and after signs have been posted on the turnpike
giving notice thereof. Such regulations may apply to an entire
turnpike project or to selected sections thereof as may be
designated by the Oklahoma Turnpike Authorit y. It shall be a
violation of this section to drive a vehicle at a faster rate of
speed than such prescribed maximum speed or at a slower rate of
speed than such prescribed minimum speed. However, all vehicles
shall at all times conform to the requiremen ts of subsection A of
this section.
Copies of such regulations, ce rtified as in effect on any
particular date by the Secretary of the Oklahoma Turnpike Authority,
shall be accepted in evidence in any court in this state.
E. The driver of every vehicle sha ll, consistent with the
requirements of subsection A of this secti on, 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 hillcrest, wh en driving upon any
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narrow or winding roadway, and when special ha zard exists with
respect to pedestrians or other traffic, or by reason of weather or
highway conditions. The Oklahoma Department of Transportation and
the Oklahoma Turnpike Authority may po st, by changeable message sign
or other appropriate sign, a tempor ary reduced speed limit for
maintenance operations or when special hazards with respect to
pedestrians, other traffic, an accident, by reason of weather or
when other hazardous highway condi tions exist.
F. 1. No person shall drive a vehicle on a county r oad at a
speed in excess of fifty -five (55) miles per hour unless posted
otherwise by the board of county commissioners, as provided in
subparagraphs a through c of this paragraph, as follow s:
a. the board of county commissioners may determine, by
resolution, a maximum speed limit which shall apply to
all county roads which are not otherwise posted for
speed,
b. the board of county commissioners shall provide public
notice of the speed limit on all nonposted roads by
publication in a newspaper of general ci rculation in
the county. The notice shall be published once weekly
for a period of four (4) continuous weeks, and
c. the board of county commissioners shall forward the
resolution to the Di rector of the Department and to
the Commissioner of Public Safety.
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2. The Department shall post speed limit information, as
determined pursuant to the provisions of subparagraphs a through c
of paragraph 1 of this subsection, on the county line marker whe re
any state highway enters a county and at all off -ramps where
interstate highways or turnpikes enter a county. The signs shall
read as follows:
ENTERING __________ COUNTY
COUNTY ROAD SPEED LIMIT
_____ MPH
UNLESS POSTED OTHERWISE
The appropriate board of county commissioners shall reimburse
the Department the full cost of the signage required herein.
G. Any person convicted of a speeding violation pursuant to
subsection B or F of this section shall be punished by a fine as
follows:
1. One to ten miles p er hour over the speed limit as provided
for in Section 11-801e of this title,
2. Eleven to fifteen miles per hour over the
limit................................ ...................... $20.00
3. Sixteen to twenty miles per hour over the
limit................................ ...................... $35.00
4. Twenty-one to twenty-five miles per hour over
the limit................................ ..................$75.00
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5. Twenty-six to thirty miles per hour over the
limit................................ ..................... $135.00
6. Thirty-one to thirty-five miles per hour over
the limit................................ .................$155.00
7. Thirty-six miles per hour or more over the
limit................................ ..................... $205.00
or by imprisonment for not more than ten (10) days; for a second
conviction within one (1) year after the first convicti on, by
imprisonment for not more than twenty (20) days; and upon a third or
subsequent conviction within one (1) year after the first
conviction, by imprisonment for not more than six (6) mon ths, or by
both such fine and imprisonment.
SECTION 2. This act shall become effective November 1, 2024.
59-2-9674 JBH 12/11/23