In wake of lawsuit, council weighs speed limit reiteration
Credit: FILE PHOTO
A recent study found that special conditions make the 35-mph zone of the bypass appropriate.
By:
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News Virginian
Published: April 22, 2012
Published: April 22, 2012
As six defendants appealing tickets for
speeding on the U.S. 250 Bypass await their day in court, the
Charlottesville City Council is considering an ordinance that reiterates
the speed limits posted on that stretch of road.
The council requested an engineering study of the
bypass be completed to determine whether the posted speed limits are
appropriate.
The council’s decision was prompted by complaints
from the defendants, all cited for driving 50 to 54 mph in a 35-mph zone
in the 300 to 600 blocks of the bypass between October 2010 and April
2011, said City Councilor Kristin Szakos.
“It felt like a good idea to make sure we have a
current study and make sure we can continue to justify the speed
limits,” she said.
Traffic data collected as part of the engineering
study conducted by Maryland-based Rummel, Klepper & Kahl showed the
85th percentile speeds at four points in the 35-mph zone of the bypass
is between 46 and 50 mph.
The 85th percentile speed, which represents the
speed at or below which 85 percent of drivers are traveling in
free-flowing traffic, is often used to determine speed limits, according
to the study.
“Repeated research on speed limits consistently
shows that the most appropriate, safe and enforceable speed limit will
be within 5 mph of the 85th percentile speed,” the study reads.
Still, special conditions, such as adjacent
residential neighborhoods, school zones and parks, should also be
considered, the study said.
The study concluded that such special conditions make the 35-mph zone of the bypass appropriate.
Special conditions justifying a 35-mph speed limit
cited in the study include insufficient acceleration and deceleration
lanes at a number of points, including McIntire Park, Park Street and
Locust Avenue.
Other factors cited include residential development along the bypass and the EMS station near the Rugby Avenue interchange.
Both Mayor Satyendra Huja and Szakos agreed with the study’s findings.
“There are really compelling reasons to have the speed limit be lower in certain sections,” Szakos said.
Councilor Dave Norris said that in some sections of
the 35-mph zone, “it just doesn’t seem, personally, to be an appropriate
limit.”
He suggested the limit on the portion between McIntire Road and the EMS station be revisited.
“I was definitely in the minority,” he said. “I think, in general, the study shows that the bypass is appropriately marked.”
Norris said the city will likely complete another
engineering study to determine appropriate speeds on the bypass after
the city’s portion of the Meadow Creek Parkway opens.
A week ago the council held a first reading on an ordinance clarifying the speed limits based on the study’s findings.
The council plans to hold a second reading and vote on the ordinance at its May 7 meeting.
Judge Edward L. Hogshire recently denied motions to
dismiss the charges against the defendants — Michael J. Tocci, Marcela
T. Liguria, John Francis Valosky, Bonnie E. Baird, John E. Curry IV and
Turner Barringer.
The six said their due process rights were violated
because the city has not shown a copy of the traffic and engineering
study required to legally apply a 35-mph speed limit on that section of
the bypass.
In Virginia, the maximum speed limit for
limited-access highways such as the bypass is generally 55 mph, and a
traffic and engineering study is required to lower the maximum speed
limit.
Minutes from a July 3, 1967, Charlottesville City
Council meeting refer to such a traffic study being completed. The
council adopted an ordinance a month later, lowering the speed limit for
a portion of the bypass. The actual study, though, could not be
located.
The defendants argued the city must produce a copy
of the traffic study to prove it was completed before the speed limit
was changed.
A trial for the six defendants is set for 8:30 a.m. Aug. 3 in Charlottesville Circuit Court.
Lawyers for the defendants declined to comment for this story.
Very interesting article. Please contact us if you need legal advice
Tucker Griffin Barnes P.C.
Charlottesville Office (434-973-7474)
Lake Monticello Office (434-589-3636)
I think that all drivers should respect the speed limit even if they find it inappropriate.
ReplyDeleteWe can't make laws, unfortunately, because it's true that some speed limits are just stupid because there's no reason to drive with 30mph in an area where there's no school or residential zone....That's how I got my first speeding ticket Toronto but luckily my lawyer beat it:) I don't know how but I really don't care as long as my record was clean:P
how fast were these 5 going? if they were going 45 (doubt that) then maybe inappropriate driving, if they were going 65, they should get WRECKLESS....thats uncalled for...
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