CHAPTER 307

An Act to amend and reenact § 46.1-193, as amended, and § 46.1-194, as
amended, of the Code of Virginia, both relating to maximum and
minimum speed limits and prohibiting conviction for speeding in cer-
tain areas under certain circumstances.

[S 90]

Approved March 30, 1962

Be it enacted by the General Assembly of Virginia:

1. That § 46.1-193, as amended, and § 46.1-194, as amended, of the Code
of Virginia, be amended and reenacted as follows:

§ 46.1-193. * The maximum and minimum speed limits on highways
of this State shall be as hereinafter prescribed:

1. Maximum limits.

(a) Sixty-five miles per hour on the Interstate System of High-
ways or other lumited access highways with divided roadways; if the ve-
hicle 1s a passenger motor vehicle, passenger bus, United States post office
bus, pick-up or panel truck not exceeding an actual gross weight of five
thousand pounds, or a motorcycle; and fifty miles per hour on such high-
ways if the vehicle is a truck, road tractor, tractor-truck, or combination of
vehicles designed to transport property, or is a motor vehicle being used to
tow a vehicle designed for self-propulsion, or a house trailer.

* (6b) Sixty miles per hour on nonlimited access highways * having
four or more lanes, with the roadway for traffic traveling in one direction
separated from the roadway for traffic traveling in the other direction by
a physical barrier or an unpaved area; if the vehicle 1s a passenger motor
vehicle, passenger bus, United States post office bus, pick-up or panel truck
not exceeding an actual gross weight of five thousand pounds, or a motor-
cycle; and fifty miles per hour on such highways if the vehicle is a truck,
road tractor, tractor-truck, or combination of vehicles designed to trans-
port property, or is a motor vehicle being used to tow a vehicle designed
for self-propulsion, or a house trailer, provided that for such highways such
speed has been prescribed by the State Highway Commission, or other
authority having jurisdiction over highways, after an engineering and
traffic investigation. On any highway where such speed is prescribed, the
* speed shall be plainly indicated upon the highway by signs; and where
the speed limit is indicated by posted signs, there shall be a prima facie
presumption that such engineering and traffic investigation was made.

* (c) Fifty-five miles per hour on * highways not included in (a) or
(b) if the vehicle is a passenger motor vehicle, passenger bus, United
States post office bus, pick-up or panel truck not exceeding an actual gross
weight of 5,000 pounds, or a motorcycle; and forty-five miles per hour on
such highways if the vehicle is a truck, road tractor, tractor-truck, or
combination of vehicles designed to transport property, or 1s a motor
vehicle being used to tow a vehicle designed for self-propulsion, or a house
trailer.

* (d) Thirty-five miles per hour on any highway if the vehicle is being
used as a school bus carrying children * .

* (e) Forty-five miles per hour on any highway if the vehicle or com-
bination of vehicles is operating under a special permit issued by the State
Highway Commission in accordance with §§ 46.1-330 and 46.1-343. The
State Highway Commission may, however, prescribe a speed limit of less
than forty-five miles per hour on any permit issued in accordance with
§§ 46.1-330 and 46.1-848 * .

(f) * Twenty-five miles per hour between portable signs or fixed
blinking signs placed in or along any highway bearing the word “school.”
* Such word shall indicate that school children are present in the immediate
vicinity. Any signs erected under this section shall be placed not more than
800 feet from the limits of the school property. If the portion of the high-
way to be posted is within the limits of a city or town, such portable signs
shall be furnished and delivered by such city or town. If the portion of
highway to be posted is outside the limits of a city or town such portable
signs shall be furnished and delivered by the State Highway Department.
It shall be the duty of the principal or chief administrative officer of each
school or some responsible person designated by the school board to place
such portable signs in the highway at a point not more than 300 feet from
the limits of the school property and remove such signs when their presence
is no longer required by this subsection. Such portable or fixed blinking
signs shall be placed in a position plainly visible to vehicular traffic
approaching from either direction but shall not be placed so as to obstruct
the roadway. Such portable signs shall be in a position for 30 minutes
preceding regular school hours and for 30 minutes thereafter and during
such other times as the presence of children on such school property reason-
ably requires a special warning to motorists. Provided, however, the
governing body of any city or town may, if the portion of the highway to be
posted is within the limits of such city or town, decrease the speed limit
provided in this subsection, and provided further that no such decrease in
speed limit shall be effective unless such decreased speed limit is con-
spicuously posted upon the portable or fixed blinking signs required by
this subsection *. |

* (g) Twenty-five miles per hour on highways in a business or
residential district * , except upon Interstate or other limited access high-
ways with divided roadways.

* (h) Thirty-five miles per hour on highways in any city or town * ,
except upon Interstate or other limited access highways with divided
roadways.

2. Minimum speed limits.

* (a) No person shall drive a motor vehicle at such a slow speed as to
impede the normal and reasonable movement of traffic except when re-
duced speed is necessary for safe operation or in compliance with law * .

* (h) Whenever the State Highway Commission or local authorities
within their respective jurisdictions determine on the basis of an engineer-
ing and traffic investigation that slow speeds on any part of a highway
consistently impede the normal and reasonable movement of traffic, the
Commission or such local authority may determine and declare a minimum
speed limit to be set forth on signs posted on such highway below which no
person shall drive a vehicle except when necessary for safe operation or in
compliance with law, provided that such minimum speed limit shall not
apply to a school bus carrying children * .

8. Notwithstanding the foregoing provisions, the State Highway Com-
mission or other authority having jurisdiction over highways may decrease
the speed limits set forth in subsections 1. (a) through 1. (c) of this section
and may increase or decrease the speed limits set forth in subsections 1.
(f) through 1. (h) of this section on any highway under its jurisdiction.
Such increased or decreased speed limits shall be effective only when
prescribed after an engineering and traffic investigation and when in-
dicated upon the highway by signs.

* Any person violating this section shall be guilty of a misdemeanor
and upon conviction shall be punished as provided in § 46.1-16.

§ 46.1-194. No person shall be convicted of a violation of * a statute
or an ordinance enacted by local authorities pursuant to the provisions of
§ 46.1-180 decreasing the speed limit established in § 46.1-1938 * when such
person has exceeded the speed limit in an area where the speed limit has
been decreased unless such area is clearly indicated by a conspicuous
marker at the termini of such area.