Bill Text: DE HB224 | 2013-2014 | 147th General Assembly | Draft


Bill Title: An Act To Amend Title 21 Of The Delaware Code Relating To Rules Of The Road And Speed Restrictions.

Spectrum: Moderate Partisan Bill (Democrat 7-2)

Status: (Passed) 2014-05-08 - Signed by Governor [HB224 Detail]

Download: Delaware-2013-HB224-Draft.html


SPONSOR:

Rep. Brady & Sen. Peterson

 

Reps. Baumbach, Osienski, Paradee, M. Smith; Sen. Lopez

HOUSE OF REPRESENTATIVES

147th GENERAL ASSEMBLY

HOUSE BILL NO. 224

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO RULES OF THE ROAD AND SPEED RESTRICTIONS.


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:


Section 1.Amend §4170, Title 21 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:

§4170.Speed limits set by local authorities.

(a) Whenever local authorities within their respective jurisdictions determine upon the basis of an engineering and traffic investigation that the absolute speed permitted under this chapter is greater than is reasonable or safe under the conditions found to exist, such local authority, subject to subsection (c) of this section, shall determine and declare a reasonable and safe absolute speed limit, which shall be effective when appropriate signs giving notice thereof are erected.

(b) Local authorities in their respective jurisdictions may at their discretion, but subject to subsection (c) of this section, authorize by ordinance higher absolute speeds than those stated in this chapter upon through highways or upon highways or portions thereof where there are no intersections or between widely spaced intersections provided signs are erected giving notice of the authorized speed, but local authorities shall not modify or alter the basic rule set forth in §4168(a) of this title.

(c) Alteration of absolute limits on state-maintained highways in any municipality by local authorities shall not be effective until such alteration has been approved by the Department of Safety and Homeland SecurityDepartment of Transportation.


SYNOPSIS

The Delaware Code currently provides municipalities with discretion in the establishment of speed limits on roads within their respective jurisdictions in conjunction with an engineering and traffic investigation verifying the basis for change.The Department of Transportation has traditionally reviewed these requested changes.This bill merely corrects the reference to the approving department from the Department of Safety and Homeland Security to the Department of Transportation.

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