Pub. L. 102-240, tit. I, pt. A, sec. 1029
NATIONAL MAXIMUM SPEED LIMIT COMPLIANCE PROGRAM.
SEC. 1029. NATIONAL MAXIMUM SPEED LIMIT COMPLIANCE PROGRAM. (a) Permanent Extension of 65 MPH Speed Limit Demonstration Program.— Section 154(a) of title 23, United States Code, is amended by striking “Clause (3)” and inserting “Clause (4)” and by striking “or (3)” and inserting the following: “(3) a maximum speed limit in excess of 65 miles per hour on any highway within its jurisdiction located outside an urbanized area of 50,000 population or more (A) which is constructed to interstate standards in accordance with section 109(b) of this title and connected to a highway on 105 STAT. 1969the Interstate System, (B) which is a divided 4-lane fully controlled access highway designed or constructed to connect to a highway on the Interstate System posted at 65 miles per hour and constructed to design and construction standards as determined by the Secretary which provide a facility adequate for a speed limit of 65 miles per hour, or (C) which is constructed to the geometric and construction standards adequate for current and probable future traffic demands and for the needs of the locality and is designated by the Secretary as part of the Interstate System in accordance with section 139(c) of this title, or (4)”. (b) Collection of Data.— Section 154(e) of such title is amended— (1) by striking “fifty-five miles per hour on public highways with speed limits posted at fifty-five miles per hour” and inserting “the speed limit on maximum speed limit highways”; and (2) by adding at the end the following: “Such data shall include, but not be limited to, data on citations, travel speeds, and the posted speed limit and the design characteristics of roads from which such travel speed data are gathered. The Secretary shall issue regulations which ensure (1) that the monitoring programs conducted by the States to collect data for purposes of this subsection are uniform, (2) that devices and equipment under such programs are placed at locations on maximum speed limit highways on a scientifically random basis which takes into account the relative risk, as determined by the Secretary, of motor vehicle accidents occurring considering the classes of such highways and the speeds at which vehicles are traveling on such classes of highways, and (3) that the data submitted under this subsection will be in such form as the Secretary determines is necessary to carry out this section.”. (c) Enforcement.— (1) Proposed rule.— Not later than 1 year after the date of the enactment of this Act, the Secretary shall publish in the Federal Register a proposed rule to establish speed limit enforcement requirements which, at a minimum, shall— (A) provide for the transfer of apportionments under section 104(b) of title 23, United States Code (other than paragraph (5)), if a State fails to enforce speed limits in accordance with this section and such rule; and (B) include a formula for determining compliance with the requirements of this section and such rule which— (i) assigns a greater weight for violations of such speed limits in proportion to the amount by which the speed of the motor vehicle exceeds the speed limit; and (ii) differentiates between the type of road on which the violations occur. (2) Factors to consider.— In developing the compliance formula in accordance with paragraph (1), the Secretary shall consider factors relating to the enforcement efforts made by the States and data concerning fatalities and serious injuries occurring on roads to which subsection (a) applies and any other factors relating to speed limit enforcement and speed-related highway safety trends which the Secretary determines appropriate. (3) Final rule.— Not later than 60 days after the date of publication of the proposed rule under paragraph (1), the Secretary shall publish in the Federal Register a final rule which meets the requirements of paragraph (1) and which shall take 105 STAT. 1970effect no later than 12 months after the date of its publication in the Federal Register. (d) Administration.— The Secretary shall carry out sections 154 and 141(a) of title 23, United States Code, through the National Highway Traffic Safety Administration and the Federal Highway Administration. (e) Annual Report.— Section 154 of title 23, United States Code, is amended by adding at the end the following new subsection: “(i) Annual Report.— The Secretary shall transmit to Congress an annual report on travel speeds of motor vehicles on roads subject to subsection (a), State enforcement efforts with respect to speeding violations on such roads, and speed-related highway safety statistics.”. (f) Enforcement Moratorium.— No State shall be subject under section 141 or 154 of title 23, United States Code, to withholding of apportionments for failure to comply in fiscal years 1990 and 1991 with section 154 of such title, as in effect on the day before the date of the enactment of this Act, or section 141(a) of such title. (g) Repeal of Obsolete Enforcement Provisions.— On the 730th day following the date of the enactment of this Act, subsections (f), (g), and (h) of section 154 of title 23, United States Code, are repealed.